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Public employment is a public trust. It is the policy of the county to promote and balance the objective of protecting government integrity and the objective of facilitating the recruitment and retention of personnel needed by the county. The policy is implemented by prescribing essential standards of ethical conduct without creating unnecessary obstacles to entering public service. Public employees must discharge their duties impartially so as to assure fair competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in a manner as to foster public confidence in the integrity of the county procurement organization. To achieve the purpose of this subchapter, it is essential that those doing business with the county also observe the ethical standard prescribed herein.
(1980 Code, § 41.130) (Ord. 08-461, passed 11-20-2008)
(A) General ethical standard for employees. Any attempt to realize personal gain through public employment by conduct inconsistent with the proper discharge of the employee’s duties is a breach of the public trust.
(B) General ethical standards for non- employees. Any effort to influence any public employee to breach the standards of ethical conduct set forth in this subchapter is a breach of ethical standards.
(1980 Code, § 41.131) (Ord. 08-461, passed 11-20-2008)
To the extent that violations of the ethical standards of conduct set forth in this subchapter constitute violation of state statutes, they shall be punishable as provided therein. The penalties shall be in addition to the civil sanctions set forth in this subchapter. Criminal, civil and administrative sanctions against employees or non-employees which are in existence on the effective date of this chapter shall not be impaired.
(1980 Code, § 41.132) (Ord. 08-461, passed 11-20-2008)
(A) Conflict of interest. It shall be unethical for any county employee to participate directly or indirectly in a procurement contract when the county employee knows that:
(1) The county employee or any member of the county employee’s immediate family has a financial interest pertaining to the procurement contract; or
(2) Any other person, business or organization with whom the county employee or any member of a county employee’s immediate family is negotiating or has an agreement concerning prospective employment is involved in the procurement contract.
(B) Financial interest in a blind trust. A county employee or any member of a county employee’s immediate family who holds a financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest.
(C) Discovery of actual or potential conflict of interest, disqualification and waiver. Upon discovery of an actual or potential conflict of interest, an employee shall promptly file a written statement of disqualification and shall withdraw from further participation in the transaction involved. The employee may, at the same time, apply for an advisory opinion as to what further participation, if any, the employee may have in the transaction pursuant to § 41.172.
(1980 Code, § 41.133) (Ord. 08-461, passed 11-20-2008)
(A) Gratuities. It shall be unethical for any person to offer, give or agree to give any county employee or for any county employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any direct or indirect participation in a county bid, proposal or purchase.
(B) Kickbacks. It shall be unethical for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any individual associated therewith, as an inducement for the award of a subcontract or order.
(1980 Code, § 41.134) (Ord. 08-461, passed 11-20-2008)
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