Chapter 41.12
ETHICS IN PUBLIC CONTRACTING
Sections:
41.12.030 Vendor requirements.
41.12.040 Gratuities and kickbacks.
41.12.050 Confidential information.
41.12.060 Employee personal purchases.
41.12.070 Purchases from employees.
41.12.080 Public disclosure record.
41.12.010 General statement.
The objectives of public procurement include conserving public funds and inspiring public confidence. Any erosion of honesty, integrity and openness is more injurious to public procurement than to most other public pursuits. The appearance of a conflict of interest may be as harmful to public confidence in its government as an actual case of misconduct. For that reason, all personnel involved directly or indirectly in procurement transactions, from the original purchase to the ultimate disposal, must be guided by the highest standards of ethical conduct.
Further, any personal gain other than wages and benefits realized through public employment is a breach of public trust. To the extent that violations of ethical standards of conduct set forth in this chapter constitute violations of law, such shall be punishable as provided by law. Such penalties shall be in addition to the administrative sanctions set forth in this chapter and the City’s Personnel Policy Manual.
(Res. 04-12 (§ 3.1), 1-16-12)
41.12.020 Policy.
No public employee having official responsibility for a procurement transaction shall represent the City in that transaction when the employee knows that:
(a) The employee is contemporaneously employed by a bidder, offeror or contractor involved in the procurement transaction;
(b) The employee, the employee’s partner or any member of the employee’s immediate family holds a position with a bidder, offeror or contractor, such as officer, director, trustee or partner, has a personal and substantial participation in the transaction or owns or controls more than five percent of the firm;
(c) The employee, the employee’s partner or any member of the employee’s immediate family has a pecuniary interest in or arising from the transaction; or
(d) The employee, the employee’s partner or any member of the employee’s immediate family is negotiating or has an arrangement concerning prospective employment with a bidder, offeror or contractor.
(Res. 04-12 (§ 3.2), 1-16-12)
41.12.030 Vendor requirements.
The City of Grand Junction stipulates certain ethical requirements for vendors participating in procurement transactions. Those statements are generally stated as follows:
(a) No bidder, offeror, contractor or subcontractor shall confer upon any public employee having official responsibility for a procurement transaction any payment, loan, subscription, advance, deposit of money, or services, present or promised;
(b) All bidders, offerors, contractors or subcontractors shall complete a disclosure of interest form to inform of any personal interest of any public official with respect to any City procurement;
(c) Failure to make the required disclosure may result in disqualification, disbarment, suspension from bidding and rescission of contracts;
(d) No contractor or subcontractor shall give, demand or receive from any suppliers, subcontractors or competitors any bribe or kickback or anything of value in return for participation in a procurement transaction or agreeing not to compete in a transaction; and
(e) Architects or engineers employed by the City may not furnish building materials, supplies or equipment for any structure on which they are providing professional services. The City also does not accept bids or proposals from consultants or bidders who have solely and directly prepared specifications for a specific requirement, regardless of whether the consultant/bidder was paid for the specification.
(Res. 04-12 (§ 3.3), 1-16-12)
41.12.040 Gratuities and kickbacks.
(a) Gratuities. It is a breach of ethical standards for any person to offer, give or agree to give any employee or public official a gratuity or offer of employment or employment in connection with any decision or recommendation concerning a possible or actual purchase by and/or on behalf of the City.
(b) Kickbacks. It shall be unethical 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 and solicitation thereof.
(Res. 04-12 (§ 3.4), 1-16-12)
41.12.050 Confidential information.
It shall be a breach of ethical standards for any employee or public official to knowingly use confidential information for his or her personal gain or the personal gain of others.
(Res. 04-12 (§ 3.5), 1-16-12)
41.12.060 Employee personal purchases.
It is a breach of ethical standards for any employee or public official to solicit or request personal monetary discounts from vendors based on employment with the City of Grand Junction.
(Res. 04-12 (§ 3.6), 1-16-12)
41.12.070 Purchases from employees.
No officer or employee shall solicit or receive any pay, commission, money, or thing of value, or derive any benefit, profit or advantage, directly or indirectly, from or by reason of employment by the City, except his lawful compensation or salary as such officer or employee.
(Res. 04-12 (§ 3.7), 1-16-12)
Cross reference(s) – City Charter, § 101.
41.12.080 Public disclosure record.
State statutes codified at § 31-4-401, C.R.S. et seq. and § 24-18-101, C.R.S. et seq. allow the City to accept a bid, quotation or proposal which complies with the City’s procurement policies and procedures, and is the lowest received in any competitive open process, even if the bidder is an employee or officer of the City, if the employee or officer has disclosed real or potential conflicts of interest and has abstained from voting on related issues. To qualify, an employee or officer shall file a public disclosure record (PDR) outlining the individual’s financial interest. Completed forms shall constitute a public record filed in the office of the City Clerk.
(Res. 04-12 (§ 3.8), 1-16-12)
41.12.090 Sanctions.
(a) Employees. The City Manager may impose any one or more of the following sanctions on a City employee for violations of the ethical standards set forth in this section and the Personnel Policy Manual:
(1) Oral or written warnings or reprimands;
(2) Suspension with or without pay for specified periods of time; or
(3) Termination of employment.
(b) Nonemployees. The City Manager may impose any one or more of the following sanctions on a nonemployee for violation of the ethical standards:
(1) Written warnings or reprimands;
(2) Termination of contracts; or
(3) Disbarment or suspension for cause from consideration for award of contracts.
(Res. 04-12 (§ 3.9), 1-16-12)