§ 2-121. Conflicts of interest.

(a)

Employee conflicts. No county employee shall contract with or have any business dealings with the county whereby he may derive income or benefits other than those provided as remuneration from the county for his employment. However, no county employee or officer shall be prohibited from purchasing, at public auction authorized by law, used goods or materials from the county on the same basis as are all members of the public, provided that the employee or officer was not involved in the process of declaring property to be surplus. Further, the county may purchase from any employee or officer any real or personal property owned by such officer or employee which is determined at any regular public meeting to be needed for county business or public purpose, provided that no other source of such real or personal property is available and provided further that the consideration paid for such property does not exceed its market value.

(b)

Prohibiting contracts where conflicts are found to exist. The county shall not engage in contracts with consultants or professionals whose prior record, work history and experience indicate ongoing business relationships that may be substantially in conflict with the duties and services that will be required by the county.

(c)

Standards and regulations for the determination of potential conflicting contractual obligations. The purchasing director shall develop standards and regulations for determining potential conflicting contractual obligations, which may impair the performance of the professionals or consultants solicited by the county. The standards and regulations shall set forth appropriate requirements based upon the nature and scope of the services that are to be procured and shall be narrowly tailored so as to not unduly restrict competition, while assuring the county of undivided loyalty and services of the highest quality. The standards and regulations may require, but shall not be limited to, the inclusion of the following in a request for proposals, invitation for bids, announcement or other solicitation or contract for professional or consulting services:

(1)

An affidavit providing that the professional or consultant is not currently engaged or will not become engaged in any obligations, undertakings or contracts that will require the professional to maintain an adversarial role against the county or that will impair or influence the advice or recommendations provided to the county;

(2)

The disclosure of all potentially conflicting contractual relationships and the full disclosure of contractual relationships deemed to raise a serious question of conflicts.

(d)

Debarment and suspension. Any professional or consultant whose bid is rejected or who is denied a contract based solely upon a determination of the existence of conflicting contractual obligations may treat the determination as a debarment or suspension and may proceed as though debarred or suspended under the provisions of section 2-126.

(e)

Consequences for violation of ethical standards. In addition to any other penalty or consequence provided by law, any professional or consultant submitting false information to or on behalf of the county, disclosing or releasing information concerning an actual or planned procurement activity which information is deemed confidential or is otherwise not known to the general public or otherwise repeatedly failing to comply with the county's ethical standards and regulations shall be deemed to be in violation of this division and shall be subject to prosecution, state ethics complaints, reporting to professional or licensing authorities, contract cancellation, suspension and/or debarment, as the county deems appropriate.

(f)

Professional and consultant defined. Professional or consultant as used in this section shall be deemed to include those contractors who, as individuals or duly organized business entities, have been or will be retained by the county for the purpose of providing recommendations or advice related to planning level or policy level decisions, or who will be engaged in the collection of data or research that will provide the basis for such decisions or future plans and actions of the county, as well as those who will be retained to provide design-related services or supervise and monitor the performance of contractors or subcontractors of any nature.

(Ord. No. 15-26, § 2, 12-15-15)