(A) No officer, employee, or professional contractor of the city or any city 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 city or a city agency with certain exceptions.
(1) The prohibition in this division (A) 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, before an employee was hired by the city or a city agency, or before the professional contractor was retained by the city as a professional contractor. However, if any contract entered into by a city or city agency, officer, employee, or professional contractor before he or she became a candidate, was appointed to office, was hired as an employee, or was retained as a professional contractor is renewable after he or she becomes a candidate, assumes the appointed office, is hired as an employee, or is retained as a professional contractor, then the prohibition in this division (A) shall apply to the renewal of the contract.
(2) The prohibition in this division (A) shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer, employee, or professional contractor is authorized to participate in establishing the contract specifications, awarding the contract, or managing contract performance after the contract is awarded. If the officer, employee, or professional contractor has any of the authorities set forth in the preceding sentence, then the officer, employee, or professional contractor shall have no interest in the contract, unless the requirements set forth in division (A)(3) below are satisfied.
(3) The prohibition in this division (A) 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, employee’s, or professional contractor’s interest or potential profit in the contract are publicly disclosed at a meeting of the governing body of the city or city agency.
(b) The disclosure is made a part of the official record of the governing body of the city or city agency before the contract is executed.
(c) A finding is made by a unanimous vote of the governing body of the city or city agency that the contract with the officer, employee, or professional contractor is in the best interest of the public and the city or city agency because of price, limited supply, or other specific reasons.
(d) The finding is made a part of the official record of the governing body of the city or 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 this section. Additionally, a violation of this section shall be grounds for removal from office, employment, or engagement with the city in accordance with any applicable provision of state law and ordinances, rules, or regulations of the city. Upon any violation of this section, the city may seek appropriate remedies and relief against the offending officer, employee, or contractor in any court of competent jurisdiction including, without limitation, obtaining declaratory relief to void any contract in violation of this section or disgorgement of all revenues, economic benefits or gains, or other consideration obtained by any officer, employee, professional contractor, or other person or entity from any contract in violation of this section.
(2010 Code, § 30.41) (Ord. 1, 2012, passed 3-12-2012) Penalty, see § 31.999