Sec. 2-55. - Continuing confidentiality.

A former city official or employee shall not use or disclose confidential government information acquired during service as a city official or employee. This rule does not prohibit:

(a)

Any disclosure that is no longer confidential by law; or

(b)

The confidential reporting of illegal or unethical conduct to authorities designated by law.

(Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06)

Sec. 2-56. - Subsequent representation of private interests.

(a)

Representation of private interests before the city by a former board member. A person who was a member of a board or other city body shall not represent any person, group, or entity for a period of two (2) years after the termination of his or her official duties:

(1)

Before that board or body;

(2)

Before city staff having responsibility for making recommendations to, or taking any action on behalf of, that board or body, unless the board or body is only advisory in nature; or

(3)

Before a board or other city body which has appellate jurisdiction over the board or body of which the former city official or employee was a member, if any issue relates to his or her former duties.

(b)

Representation of private interests before the city by former city officials and employees. A former city official or employee shall not represent for compensation any person, private group, or private entity, other than himself or herself, or his or her spouse or minor children, before the city for a period of two (2) years after termination of his or her official duties. This subsection does not apply to a person who was classified as a city official only because he or she was an appointed member of a board or other city body. For purposes of this subsection, the term compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with such representation.

(c)

Improper representation of influence. In connection with the representation of private interests before the city, a former city official or employee shall not state or imply that he or she is able to influence city action on any basis other than the merits.

(d)

Representation in litigation adverse to the city. A former city official or employee shall not, absent consent from the city, represent any person, group, or entity, other than himself or herself, or his or her spouse or minor children, in any litigation to which the city is a party, if the interests of that person, group, or entity are adverse to the interests of the city and the matter is one in which the former city official or employee personally and substantially participated prior to termination of his or her official duties.

(Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06)

Sec. 2-57. - Prior participation in the negotiation, award or administration of contracts.

A former city official or employee shall not, within two (2) years of the termination of official duties for the city, perform work on a compensated basis relating to a discretionary city contract, if he or she personally and substantially participated in the negotiation, award or administration of the contract.

A former city official or employee, within two (2) years of termination of official duties, must disclose to the city clerk immediately upon knowing that he or she will perform work on a compensated basis relating to a discretionary city contract for which he or she did not personally and substantially participate in its negotiation, award or administration. This subsection does not apply to a person who was classified as a city official only because he or she was an appointed member of a board or other city body.

(Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06)

Sec. 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 business 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)

A business 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 business entity, or

b.

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

(4)

A business entity of which any individual or entity listed in subsections (1), (2) or (3) is:

a.

A subcontractor on a city contract;

b.

A partner; or

c.

A parent or subsidiary business entity.

(b)

Exception: prior employment or status. Notwithstanding subsection (a) and section 2-57, 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).

(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. 2006-03-02-0268, § 1(Exh. A), 3-2-06; Ord. No. 2009-06-25-0553, § 2(Att. B), 6-25-09)

Editor's note—

Ord. No. 2009-06-25-0553, § 2(Att. B), adopted June 25, 2009, changed the title of § 2-58 from "Discretionary contracts" to "Prohibited interest in discretionary contracts."