(A) Conflicts of interests generally. Every officer and employee of the city and every city agency shall comply with the following standards of conduct.
(1) No officer or employee, or any immediate family member of any officer or employee, shall have interest in a business or engage in a business, transaction, or an activity which is in substantial conflict with the proper discharge of the officer’s or employee’s public duties.
(2) No officer or employee shall intentionally use or attempt to use his or her official position with the city to secure unwarranted privileges or advantages for himself, herself, or others.
(3) No officer or employee shall intentionally take or refrain from taking any discretionary action, or agree to take or refrain from taking any discretionary action, or induce or attempt to induce any other officer or employee to take or refrain from taking any discretionary action on any matter before the city in order to obtain a financial benefit for any of the following:
(a) The officer or employee;
(b) An immediate family member;
(c) An outside employer;
(d) Any business in which the officer or employee, or any immediate family member has a financial interest; or
(e) Any business with which the officer or employee or any immediate family member is negotiating or seeking prospective employment or other business or professional relationship.
(4) No officer or employee shall be deemed in violation of any provisions in this section if, by reason of the officer’s or employee’s participation, vote, decision, action or inaction, no financial benefit accrues to the officer or employee, an immediate family member, an outside employer, or a business as defined by divisions (A)(3)(d) and (A)(3)(e) above, as a member of any business, occupation, profession, or other group, to any greater extent than any gain could reasonably expect to accrue to any other member of the business, occupation, profession, or other group.
(5) Every officer or employee who has a prohibited financial interest which the officer or employee believes or has reason to believe may be affected by his or her participation, vote, decision, or other action taken within the scope of his or her public duties shall disclose the precise nature and value of interest, in writing, to the governing body of the city or city agency served by the officer or employee, and the disclosure shall be entered on the official record of the proceedings of the governing body. The officer or employee shall refrain from taking any action with respect to the matter that is the subject of the disclosure.
(B) Conflicts of interest in contracts.
(1) No officer or employee of the city or any 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, except as follows.
(a) The prohibition in this division (B)(1) shall not apply to contracts entered into before an elected officer filed as a candidate for a city office, before an appointed officer filed as a candidate for a city office, before an appointment officer as appointed to a city or agency office, or before an employee was hired by the city or agency office, or before an employee was hired by the city or a city agency; however, if any contract entered into by the city, 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 prohibition in this division (B)(1) shall apply to the renewal of the contract.
(b) The prohibition in this division (B)(1) 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 specifications awarding the contract or managing contract performance after the contract is awarded. If the officer or employee has any of the authorities set forth in the preceding sentence, then the officer or employee shall have no interest in the contract, unless the requirements set forth in division (B)(1)(c) below are satisfied.
(c) The prohibition of this division (B)(1) shall not apply in any case where the following requirements are satisfied:
1. 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 governing body of the city or city agency;
2. 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;
3. A finding is made by the governing body of the city or city agency that the contract with the officer or employee is in the best interests of the public and the city agency because of price, limited supply, or other specific reasons; and
4. A finding is made a part of the official record of the governing body of the city or city agency before the contract is executed.
(2) Any violation of this section shall constitute a Class A misdemeanor and, upon conviction, the court may void any contract entered into as violation of this section. Additionally, a violation of this section shall be grounds for removal from office or employment with the city in accordance with any applicable provisions of commonwealth law and ordinances, rules, or regulations of the city.
(Ord. 637-94, passed 10-20-1994) Penalty, see § 33.99