§ 29-637. Restrictions on employment of present and former employees.  


Latest version.
  • (a)

    Contemporaneous employment prohibited. Except as may be permitted by regulations or rulings of the ethics commission, it shall be a breach of ethical standards for any employee who is participating directly or indirectly in the procurement process to become or be, while such an employee, the employee of any person contracting with the governmental body by whom the employee is employed. Notice of this provision shall be provided in accordance with regulations promulgated by the ethics commission.

    (b)

    Restrictions on former employees in matters connected with their former duties.

    (1)

    Permanent disqualification of former employee personally involved in a particular matter. It shall be a breach of ethical standards for any former employee knowingly to act as a principal, or as an agent for anyone other than the unified government, in connection with any:

    a.

    Judicial or other proceeding, application, request for a ruling, or other determination;

    b.

    Contract;

    c.

    Claim; or

    d.

    Charge or controversy;

    in which the employee participated personally and substantially through decision, approval, disapproval, recommendation, rendering of advice, investigation, or otherwise while an employee, where the unified government is a party or has a direct and substantial interest.

    (2)

    One year representation restriction regarding matters for which a former employee was officially responsible. It shall be a breach of ethical standards for any former employee, within one year after cessation of the former employee's official responsibility, knowingly to act as a principal, or as an agent for anyone other than the unified government, in connection with any:

    a.

    Judicial or other proceeding, application, request for a ruling, or other determination;

    b.

    Contract;

    c.

    Claim; or

    d.

    Charge or controversy;

    in matters which were within the former employee's official responsibility, where the unified government is a party or has a direct or substantial interest.

    (c)

    Disqualification of business when an employee has a financial interest. It shall be a breach of ethical standards for a business in which an employee has a financial interest knowingly to act as a principal, or as an agent for anyone other than the unified government, in connection with any:

    (1)

    Judicial or other proceeding, application, request for a ruling, or other determination;

    (2)

    Contract;

    (3)

    Claim; or

    (4)

    Charge or controversy;

    in which the employee either participates personally and substantially through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or which is the subject of the employee's official responsibility, where the unified government is a party or has a direct and substantial interest.

    (d)

    Selling to the unified government after separation of employment is prohibited. It shall be a breach of ethical standards for any former employee, unless the former employee's last annual salary did not exceed $15,000.00, to engage in selling or attempting to sell supplies, services, or construction to the unified government for one year following the date employment ceased. The term "sell," as used herein, means signing a bid, proposal, or contract; negotiating a contract; contacting any employee for the purpose of obtaining, negotiating, or discussing changes in specifications, price, cost allowances, or other terms of a contract; settling disputes concerning performance of a contract; or any other liaison activity with a view toward the ultimate consummation of a sale although the actual contract therefor is subsequently negotiated by another person; provided, however, that this section is not intended to preclude a former employee from accepting employment with private industry solely because the former employee's employer is a contractor with the unified government, nor shall a former employee be precluded from serving as a consultant to the unified government.

(Ord. No. 64497, § 1(12-108), 6-27-1983)