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ASSISTANCE TO SMALL AND DISADVANTAGED BUSINESSES
[Reserved]
ETHICS IN PUBLIC CONTRACTING
To the extent that violations of the ethical standards of conduct set forth in this subchapter constitute violations of the Rhode Island Ethics Commission, they shall be punishable as provided therein. Such penalties shall be in addition to the civil sanctions set forth in this subchapter. Criminal, civil, and administrative sanctions against employees or nonemployees, which are in existence on the effective date of this chapter, shall not be impaired.
(Ord. passed 9-19-05)
(A) It shall be unethical for any town employee to participate directly or indirectly in a procurement contract when the town employee knows that:
(1) The town employee or any member of the town employee's immediate family has a financial interest pertaining to the procurement contract; or
(2) Any other person, business, or organization with whom the town employee or any member of the town employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract.
(B) A town employee or any member of a town employee's family who holds a financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest.
(Ord. passed 9-19-05)
(A) Gratuities. It shall be unethical for any person to offer, give, or agree to give any town employee or former town employee, or for any town employee or former town 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, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore.
(B) Kickbacks. It shall be unethical 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 to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontractor or order.
(C) Contract clause. The prohibition against gratuities and kickbacks prescribed in this section shall be conspicuously set forth in every contract and solicitation therefor.
(Ord. passed 9-19-05)
It shall be unethical for a person to be retained, or to retain a person, to solicit or secure a town contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business.
(Ord. passed 9-19-05)
It shall be unethical for any town employee who is participating directly or indirectly in the procurement process to become or to be, while such a town employee, the employee of any person contracting with the governmental body by whom the employee is employed.
(Ord. passed 9-19-05)
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