§ 40.04 CONFLICTS OF INTEREST IN CONTRACTS (KRS 61.252).
   (A)   No officer or employee of the city or any city agency shall directly or through others undertake, execute, hold or enjoy, in whole or in party, any contract made, entered into, awarded, or granted by the city or a city agency, with the following exceptions:
      (1)   The prohibition in division (A) of this section shall not apply to contracts entered into before an elected officer filed as a candidate for city office, before an appointed officer was appointed to a city or city agency office, or before an employee was hired by the city or a city agency. However, if any contract entered into by a city or city agency officer or employee before he or she became a candidate, was appointed to office, or was hired as an employee, is renewable after he or she becomes a candidate, assumes the appointed office, or is hired as an employee, then the prohibition in division (A) of this section shall apply to the renewal of the contract unless the disclosures required by division (A)(3) below are satisfied.
      (2)   The prohibition in division (A) of this section 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 specification, or awarding, or managing the contract. If the officer or employee has any of the authorities as set forth in the preceding sentence, then the officer of employee shall have no interest in the contract, unless the disclosures required by division (A)(3) below are satisfied.
      (3)   The prohibition in division (A) of this section 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 Board of City Council of the city or the governing body of the city agency.
         (b)   The disclosure is made apart of the official record (minutes) of the Board of City Council or of the official record of the city agency before the contract is executed.
         (c)   A finding is made by the Board of City Council or the city agency that the contract with the officer or the employee is in the best interest of the public and that the city or city agency before the contract is executed.
         (d)   The finding is made a part of the official records (minutes) of the Board of City Council or the official record of the city agency before the contract is executed.
   (B)   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 KRS 61.252. Additionally, violation of this section shall be grounds for removal from office or employment with the city in accordance with any applicable provisions of state law and ordinances, rules, or regulations of the city.
(Ord. 31:94, passed 12-12-94; Am. Ord. 22:2006, passed 8-17-06; Am. Ord. 19-2021, passed 10-11-21)