(A) As used in this section, PECUNIARY INTEREST means:
(1) An interest in a contract or purchase if the contract or purchase will result or is intended to result in an ascertainable increase in the income or net worth of:
(a) The public servant; or
(b) A dependent of the public servant who:
1. Is under the direct or indirect administrative control of the public servant; or
2. Receives a contract or purchase order that is reviewed, approved, or directly or indirectly administered by the public servant.
(B) A person who knowingly or intentionally does the following, commits profiteering from public service, a Level 6 felony:
(1) Obtains a pecuniary interest in a contract or purchase with an agency within one year after separation from employment or other service with the agency; and
(2) Is not a public servant for the agency but who as a public servant approved, negotiated, or prepared on behalf of the agency the terms or specifications of:
(a) The contract; or
(b) The purchase.
(C) This section does not apply to negotiations or other activities related to an economic development grant, loan, or loan guarantee.
(D) This section does not apply if the person receives less than $250 of the profits from the contract or purchase.
(E) It is a defense to a prosecution under this section that:
(1) The person was screened from any participation in the contract or purchase;
(2) The person has not received a part of the profits of the contract or purchase; and
(3) Notice was promptly given to the agency of the person's interest in the contract or purchase.
(Ord. 2021-14, passed 12-6-21)