§ 2-122. Ethics and standards of conduct.

(a)

Statement of policy. Public employment is a public trust. It is the policy of the county to promote and balance the objective of protecting government integrity and the objective of facilitating the recruitment and retention of personnel needed by the county. Such policy is implemented by prescribing essential standards of ethical conduct without creating unnecessary obstacles to entering public service. Public employees must discharge their duties impartially so as to assure fair competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the county and the manner in which goods and services are procured. To achieve the purpose of this section, it is essential that those doing business with the county also observe the ethical standards prescribed herein.

(b)

General standards of ethical conduct.

(1)

General ethical standards for employees. Any attempt to realize personal gain through public employment by conduct inconsistent with the proper discharge of the employees' duties is a breach of a public trust.

(2)

General ethical standards for non-employees. Any effort to influence any public employee to breach the standards of ethical conduct set forth in this section is also a breach of ethical standards.

(c)

Employee conflict of interest. It shall be a breach of ethical standards for any employee to participate directly or indirectly in a procurement when the employee knows that:

(1)

The employee or any member of the employee's immediate family has a financial interest pertaining to the procurement;

(2)

A business or organization in which the employee, or any member of the employee's immediate family, has a financial interest pertaining to the procurement; or

(3)

Any other person; business, or organization with whom the employee or any member of the employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement.

(d)

Discovery of actual or potential conflict of interest, disqualification, and waiver. Upon discovery of an actual or potential conflict of interest, an employee shall promptly file a written statement of disqualification and shall withdraw from further participation in the transaction involved.

(e)

Employee disclosure requirements.

(1)

Disclosure of benefit received from contract. Any employee who has, or obtains any benefit from, any county contract with a business in which the employee has a financial interest shall report such benefit to the purchasing director; provided, however, this section shall not apply to a contract with a business where the employee's interest in the business has been placed in a disclosed blind trust.

(2)

Failure to disclose benefit received. Any employee who knows or should have known of such benefit, and fails to report such benefit to the purchasing director, is in breach of the ethical standards of this section.

(f)

Gratuities and kickbacks.

(1)

Gratuities. It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor.

(2)

Kickbacks. It shall be a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

(g)

Ethical conduct and sanctions. Any county employee who violates this section shall be subject to any and all sanctions provided for in the personnel policies adopted by the board of county commissioners and/or under state law.

(Ord. No. 15-26, § 2, 12-15-15; Ord. No. 18-16, § 14, 6-5-18)