(A) No officer or employee of the county or any county agency shall directly or through others undertake, execute, hold or enjoy, in whole or in part, any contract made, entered into, awarded or granted by the county or a county agency, except as follows.
(1) The prohibition shall not apply to contracts entered into before an elected officer filed as a candidate for county office, before an appointed officer was appointed to a county or county agency office, or before an employee was hired by the county or a county agency; however, if any contract entered into by a county or county agency officer or employee before he or she became a candidate, was appointed to office or was hired as an employee, then the prohibition shall apply to the renewal of the contract.
(2) The prohibition shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer or employee is authorized to participate in establishing the contract specifications, awarding the contract or managing contract performance after the contract is awarded. If the officer or employee has any of the authorities set forth in the preceding sentence, then the officer or employee shall have no interest in the contract, unless the requirements set forth in division (A)(3) below are satisfied.
(3) The prohibition shall not apply in any case where the following requirements are satisfied:
(a) The specific nature of the contract transaction and the nature of the officer’s or employee’s interest in the contract are publicly disclosed at a meeting of the Fiscal Court;
(b) The disclosure is made a part of the official record of the Fiscal Court or county agency before the contract is executed;
(c) A finding is made by the Fiscal Court or county agency that the contract with the officer or employee is in the best interests of the public and the county or county agency because of price, limited supply or other specific reasons; and
(d) The finding is made a part of the official record of the Fiscal Court or county agency before the contract is executed.
(B) (1) Any violation of this section shall constitute a Class A misdemeanor, and upon conviction, the court may void any contract entered into in violation of this section.
(2) Additionally, a violation of this section shall be grounds for removal from office or employment with the county in accordance with any applicable provisions of state law and ordinances, rules or regulations of the county.
(2001 Code, § 32.16) (Ord. passed 11-10-1994) Penalty, see § 32.99