§ 2-243. Discretionary contracts.

(a)

Impermissible interest in discretionary contract or sale. This subsection applies only to contracts or sales made on a discretionary basis, and not to contracts or sales made on a competitive bid basis. Within one (1) year of the termination of official duties, a former city officer or employee shall not have a financial interest, direct or indirect, in any contract with the city, and shall not be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies, or service. Any violation of this section, with the knowledge, expressed or implied, of the individual or business entity contracting with the council shall render the contract involved voidable by the city manager or the council. A former city officer or employee has a prohibited "financial interest" in a contract with the city, or in the sale to the city of land, materials, supplies, or service, if any of the following individuals or entities is a party to the contract or sale:

(1)

The former officer or employee;

(2)

His or her parent, child, or spouse;

(3)

A business entity in which the former officer or employee directly or indirectly owns:

(A)

Ten (10) percent or more of the voting stock or shares of the business entity, or

(B)

Ten (10) percent or more, or fifteen thousand dollars ($15,000.00) or more, of the fair market value of the business entity; or

(4)

A business entity of which any individual or entity listed in subsection (1) or (3) is:

(A)

A subcontractor on a city contract or;

(B)

An affiliated business or partner

(b)

Prior participation in negotiation or awarding. A former city official or employee may not, within one (1) year of the termination of official duties, perform work on a compensated basis relating to a discretionary contract, if he or she personally and subsequently participated in the negotiation or awarding of the contract.

(c)

Definitions. For purposes of section (a) of this rule:

(1)

A "former city employee" is any person who, prior to termination of employee status, was required to file a financial disclosure statement pursuant to subdivision G.

(2)

A "former city officer" is any person who, immediately prior to termination of official duties, was;

(A)

The mayor or a member of the city council;

(B)

A municipal judge or magistrate; or

(C)

A member of any board or commission which is more that advisory in function. The term "former city officer" does not include a former member of the board of another governmental entity even if some or all of its members were appointed by the city.

(3)

The term "contract" means any contract other than a contract for the personal services of the former official or employee.

(4)

The term "service" means any services other than the personal services of the former official or employee.

(Ord. No. 06-22, § 1(part C, § 3), 9-5-2006)