45A.455 Conflict of interest -- Gratuities and kickbacks -- Use of confidential

407 words·~2 min read·/ky/45a-455

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

information.

(1)It shall be a breach of ethical standards for any employee with procurement

authority to participate directly in any proceeding or application; request for ruling

or other determination; claim or controversy; or other particular matter pertaining to

any contract, or subcontract, and any solicitation or proposal therefor, in which to

his knowledge:

(a)He, or any member of his immediate family has a financial interest therein; or

(b)A business or organization in which he or any member of his immediate

family has a financial interest as an officer, director, trustee, partner, or

employee, is a party; or

(c)Any other person, business, or organization with whom he or any member of

his immediate family is negotiating or has an arrangement concerning

prospective employment is a party. Direct or indirect participation shall

include but not be limited to involvement through decision, approval,

disapproval, recommendation, preparation of any part of a purchase request,

influencing the content of any specification or purchase standard, rendering of

advice, investigation, auditing, or in any other advisory capacity.

(2)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 purchase request, influencing the

content of any specification or purchase standard, rendering of advice, investigation,

auditing, or in any other advisory capacity in any proceeding or application, request

for ruling or other determination, claim or controversy, or other particular matter,

pertaining to any contract or subcontract and any solicitation or proposal therefor.

(3)It is 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.

(4)The prohibition against conflicts of interest and gratuities and kickbacks shall be

conspicuously set forth in every local public agency written contract and solicitation

therefor.

(5)It shall be a breach of ethical standards for any public employee or former employee

knowingly to use confidential information for his actual or anticipated personal

gain, or the actual or anticipated personal gain of any other person.