§ 38.04  ETHICAL PROCUREMENTS.
   (A)   In all actions involving the procurement of supplies, services, or construction for the town, the provisions of S.C. Code, Title 8, Chapter 13 (State Ethics Act), 1976, as amended, shall be complied with and observed. Every contract or duty imposes an obligation of good faith in the negotiation, performance, or enforcement by town staff. GOOD FAITH means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing. All procurement activities shall be performed in an ethical manner. No member of Town Council or any officer or employee of the town, shall have a financial interest in any contract or in the sale to the town or to a contractor supplying the town of any land or rights or interest in any land, material supplies or services; except when a majority of the Town Council determines such exception in the best interest of the town, provided, that no Councilperson whose interest is involved shall vote on the question. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the town found guilty thereof shall thereby forfeit his or her office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the town shall render the contract voidable by the Town Administrator or the Town Council.
   (B)   The following actions are prohibited and shall be avoided by all those involved in the procurement activities of the town:
      (1)   Not obligate the town financially or otherwise by any means, including but not limited to purchase orders and contracts, when the employee or Councilmember has a personal, financial, or other interest in the obligation;
      (2)   Prohibited from directly or indirectly soliciting or accepting any rebate, kickback, gift, gratuity, or favor for personal gain from any individual, corporation, organization, or group. Doing so may lead to disciplinary action, up to termination of employment.
      (3)   Prohibited from accepting any form of gratuities, with the exception of non-consumable marketing or promotional mementos valued at $25 or less which may be accepted but shared with all town employees (i.e., pens, paper clips, pencils, cups, etc.). Accepting any other such form of gratuities, may lead to disciplinary action, up to termination of employment.
(Ord. 18010, passed 2-14-18)