(A) No officer, employee, board or commission member of the city or county, or any city or county 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 county or a city or county agency, except as follows:
(B) The prohibition in division (A) above shall not apply to contracts entered into before an elected officer filed as a candidate for city or county office, before an appointed officer was appointed to a city or county, or city or county agency office, or before an employee was hired by the city or county, or city or county agency. However, if any contract entered into by a city or county, or city or county agency officer, employee, board or commission member, 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) above shall apply to the renewal of the contract.
(C) The prohibition in division (A) above shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer, employee, board or commission member 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, board or commission member has any of the authorities set forth in the preceding sentence, then the officer, employee, board or commission member shall have no interest in the contract, unless the requirements set forth in division (D) below are satisfied.
(D) The prohibition in division (A) above 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, employee’s, board or commission member’s interest in the contract are publicly disclosed at a meeting of the governing body of the city or county, or city or county agency, and refrain from participating in voting.
(2) The disclosure is made a part of the official record of the governing body of the city or county, or city or county agency, before the contract is executed.
(3) A finding is made by the governing body of the city or county, or city or county agency, that the contract with the officer, employee, board or commission member is in the best interest of the public and the city or county, or city or county agency, because of price, limited supply or other specific reasons.
(4) The finding is made a part of the official record of the governing body of the city or county, or city or county agency, before the contract is executed.
(Prior Code, § 38.16) Penalty, see § 38.999