§ 2-58. Prohibited interest in discretionary contracts.

(a)

Impermissible interest in discretionary contract or sale. This subsection applies only to contracts or sales made on a discretionary basis, and does not apply 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 neither have a financial interest, direct or indirect, in any discretionary contract with the City, nor have a financial interest, direct or indirect, 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 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 discretionary 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)

An entity in which the former officer or employee, or his or her parent, child or spouse, directly or indirectly owns:

a.

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

b.

Ten (10) percent or more of the fair market value of the entity; or

(4)

An entity of which any individual or entity listed in subsection (1), (2) or (3) is:

a.

A subcontractor on a City contract;

b.

A partner; or

c.

A parent or subsidiary entity.

(b)

Exception: Prior employment or status. Notwithstanding subsection (a) and section 2-57 (Prior participation in negotiation, award or administration of contracts), a former City official or employee may upon leaving official duties return to employment or other status enjoyed immediately prior to commencing official City duties.

(c)

Definitions. For purposes of this section:

(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 subsection 2-73(a) (Financial disclosure report).

(2)

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

a.

The Mayor or a member of City Council;

b.

A Municipal Court Judge or Magistrate; or

c.

A member of any board or commission which is more than advisory in nature. The term does not include members of the board of another governmental entity even if some or all of these members are appointed by the City.

(3)

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

(4)

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

(Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13)