117.01 General provisions.
117.02 Former officers or employees.
117.03 Unlawful interest in public contracts.
117.04 Conflict of Interest Board of Review; creation, membership, term.
117.99 Penalty.
CROSS REFERENCES
Conflict of interest - see CHTR. 4.02
Unlawful interest in a public contract - see GEN. OFF. 525.10
No officer, member of Council or employee of the City shall:
(a) Engage in the practice of law or represent or appear on behalf of an individual before the Portage County Municipal Court or any other court, in any matter or controversy in which the City is or may become a party, except on behalf of the City as an officer or employee, or volunteer opinion evidence against the interests of the City in any litigation in which the City is a party; or
(b) Appear before any board or commission of the City as counsel, attorney or agent, except in the performance of public obligations or official duties.
(Ord. 1991-51. Passed 7-17-91.)
No person within a period of one year after termination of his or her services as an officer or employee of the City shall appear before any board or commission of the City as counsel, attorney or agent for or in behalf of any person, firm or corporation, or receive compensation for any services rendered thereto, in relation to any matter which was under his or her charge during the period of his or her services as such officer or employee.
No person after termination of his or her services as an officer or employee of the City shall accept compensation or employment in any matter which he or she has investigated or passed upon while in such office or employ, or be involved in any litigation in which the City is a party involving any such matter, except in behalf of the City. (Ord. 1991-51. Passed 7-17-91.)
(a) No officer, member of Council or employee of the City shall knowingly do any of the following:
(1) During his or her term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by him or her or by a legislative body, commission or board of which he or she was a member at the time of authorization, and not let by competitive bidding, or let by competitive bidding in which his or her's is not the lowest and best bid;
(2) Have an interest in the profits or benefits of a public contract entered into by or for the use of the Municipality or governmental agency or instrumentality with which he or she is connected;
(3) Have an interest in the profits or benefits of a public contract which is not let by competitive bidding when required by law and which involves more than one hundred fifty dollars ($150.00).
(b) An officer, official or employee of the City shall not be considered as having an interest in a public contract as proscribed in Section 4.02
of the Charter when such person or a member of his or her family is merely employed by a business entity which is a contractor with the City and such public servant, or his or her family members, has no control or ownership of the business entity.
(c) In the absence of bribery or a purpose to defraud, a public servant, member of his or her family or any of his or her associates, shall not be considered as having an interest in a public contract as proscribed in Section 4.02
of the Charter when all of the following apply:
(1) The interest of such person is limited to owning or controlling shares of the corporation, or being a creditor of the corporation or other organization which is the contractor on the public contract involved, or which is the issuer of the security in which public funds are invested;
(2) The shares owned or controlled by such person do not exceed five percent (5%) of the outstanding shares of the corporation, and the amount due such person as creditor does not exceed five percent (5%) of the total indebtedness of the corporation or other organization;
(3) Such person, prior to the time the public contract is entered into, files with the Municipality an affidavit giving his or her exact status in connection with the corporation or other organization.
(d) This section does not apply to a public contract in which a public servant, a member of his or her family or one of his or her business associates has an interest. when all of the following apply:
(1) The subject of the public contract is necessary supplies or services for the Municipality;
(2) The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the Municipality as part of a continuing course of dealing established prior to the public servant's becoming associated with the Municipality;
(3) The treatment accorded the Municipality is either preferential to or the same as that accorded other customers or clients in similar transactions;
(4) The entire transaction is conducted at arm's length, with full knowledge by the Municipality of the interest of the public servant, member of his or her family or business associate, and the public servant takes no part in the deliberations or decision of the Municipality with respect to the public contract.
(e) As used in this section, "public contract" means any of the following:
(1) The purchase or acquisition, or a contract for the purchase or acquisition, of property or services by or for the use of the City or any agency or instrumentality of it; or
(2) A contract for the design, construction, alteration, repair or maintenance of any City property. (Ord. 1991-51. Passed 7-17-91.)
(a) There is hereby established a Conflict of Interest Board of Review, consisting of three members who shall be residents of the City and appointed by Council. Such members shall serve without compensation for three-year terms except that of the original appointment, one member shall be appointed for a three-year term, one shall be appointed for a two-year term and one shall be appointed for a one-year term. The Board shall select its own chairmen and set its own rules.
(b) The Board shall render advisory opinions with respect to the sections of the Codified Ordinances dealing with conflict of interest. Such advisory opinions shall be rendered pursuant to the written request of a member of Council, or any officer or employee of the City filed with the Clerk of Council. When a request for advisory opinion is received by the Clerk, the Law Director shall first review said request and determine if the request shall be referred to the Conflict of Interest Board of Review for consideration. The Law Director shall determine if there is probable cause to believe a conflict of interest situation exits. If the Law Director makes such a determination, the request shall be forwarded to the Board for further consideration in accordance with this chapter. (Ord. 1994-99. Passed 9-28-94.)
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