§ 2-258. Conflicts of interest; prohibited interests.  


Latest version.
  • (a)

    Except as provided in this section, no unified government representative shall have a substantial interest in or engage in any of the following activities:

    (1)

    Any business entity regulated by or subject to the authority of that unified government representative regulated by or subject to the authority of the unified government agency with which the unified government representative is affiliated;

    (2)

    Any business entity that is negotiating or has entered into a contract to do business with the unified government;

    (3)

    Any business entity that is receiving public grant money or funds directly from the unified government or as a pass through from state or federal agencies; or

    (4)

    Solicit any funds or services from any known unified government vendor or contractor for any business entity in which the unified government representative has a substantial interest.

    (b)

    The prohibition of subsection (a) of this section shall not apply to or prevent any unified government representative from:

    (1)

    Having a substantial interest in a business entity that enters into a contract that is awarded as a result of competitive bidding or sealed bids under the ordinances and policies of the unified government or a contract between the successful bidder and its subcontractors, when the unified government representative's responsibilities and actions do not include participating on behalf of the unified government in any manner in the awarding, approval, formulation, or preparation of any such contract; or

    (2)

    Having a substantial interest in a business entity or being associated with or employed by a business entity that represents or is employed by clients or others in transactions or matters before the unified government where the business entity is composed solely of members of a particular profession, including the unified government unified government representative, which are regulated by a code of ethics formally adopted by that profession; or

    (3)

    Entering into contracts with the unified government pertaining to the acquisition of real estate or real estate interests by the unified government for any public purpose, when the amount of money to be paid by the unified government for the property involved does not exceed the value of the property as established by not less than two competent real estate appraisers appointed by the unified government; or

    (4)

    Appearing, without compensation, before any unified government agency or the unified government commission on behalf of constituents or in the performance of any public, official, or civic obligation or duty; or

    (5)

    Accepting or receiving any benefit or facility which is provided for or made available to all citizens or residents or classes of citizens or residents under any housing or other general welfare legislation or in the exercise of the police power; or

    (6)

    Holding stock or investing in or holding any investment in any business entity whose stock is owned or held on a broad basis by the general public, as long as such an interest constitutes less than three percent of the ownership or investment in the entity; or

    (7)

    Having deposits of money in any banking institution made in the ordinary course of business.

(Ord. No. O-75-09, § 1, 10-1-2009)