(A) It shall be a breach of ethical standards for any employee with procurement authority to participate directly in any proceeding or application; request for ruling or other determination; claim or controversy; or other particular matter pertaining to any contract, or subcontract, and any solicitation or proposal therefore, in which to his or her knowledge:
(1) He, she, or any member of his immediate family has a financial interest therein; or
(2) A business or organization in which he, she or any member of his or her immediate family has a financial interest as an officer, director, trustee, partner, or employee, is a party; or
(3) Any other person, business, or organization with whom he, she or any member of his or her immediate family is negotiating or has an arrangement concerning prospective employment is a party. Direct or indirect participation shall include but not be limited to involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity.
(B) It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling or other determination, claim or controversy, or other particular matter, pertaining to any contract or subcontract and any solicitation or proposal therefore.
(C) It is a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.
(D) The prohibition against conflicts of interest and gratuities and kickbacks shall be conspicuously set forth in the city's written contract and solicitation therefore.
(E) It shall be a breach of ethical standards for any public employee or former employee knowingly to use confidential information for his or her actual or anticipated personal gain, or the actual or anticipated personal gain of any other person.
(Ord. 09-09, passed 10-19-09)