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(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)
It shall be unethical for a person to be retained, or to retain a person, to solicit or secure a county contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee.
(1980 Code, § 41.135) (Ord. 08-461, passed 11-20-2008)
It shall be unethical for any county employee who is participating directly or indirectly in the procurement process to become or to be, while a county employee, the employee of a person contracting with the county.
(1980 Code, § 41.136) (Ord. 08-461, passed 11-20-2008)
(A) The contemporaneous employment or financial interest of the county employee has been publicly disclosed;
(B) The county employee will be able to perform its procurement functions without actual or apparent bias or favoritism; and
(C) The award will be in the best interest of the county.
(1980 Code, § 41.137) (Ord. 08-461, passed 11-20-2008)
It shall be unethical for any employee or former employee to knowingly use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person.
(1980 Code, § 41.138) (Ord. 08-461, passed 11-20-2008)
(A) Employees. Sanctions on a county employee for violations of the ethical standards of this subchapter shall be imposed in accordance with the County Ethics Ordinance.
(B) Non-employees. The assigned County Board committee may impose one or more of the following sanctions on a non-employee for violations of the ethical standards:
(1) Written warning or reprimands; or
(2) Termination of contracts.
(1980 Code, § 41.139) (Ord. 08-461, passed 11-20-2008)
(A) General provisions. The value of anything transferred or received in breach of the ethical standards of this chapter by a county employee or non-employee may be recovered from both the county employee and the non-employee.
(B) Recovery of kickbacks by the county. Upon showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or an order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the county and will be recoverable hereunder from the recipient. In addition, the amount may also be recovered from the subcontractor making the kickbacks. Recovery from one offending party shall not preclude recovery from other offending parties.
(1980 Code, § 41.140) (Ord. 08-461, passed 11-20-2008)