Sec. 2-59. - Persons seeking discretionary contracts.

(a)

Disclosure of parties, owners, and closely related persons. For the purpose of assisting the city in the enforcement of provisions contained in the City Charter and this code of ethics, an individual or entity seeking a discretionary contract from the city is required to disclose in connection with a proposal for a discretionary contract on a form provided by the city:

(1)

The identity of any individual who would be a party to the discretionary contract;

(2)

The identity of any entity that would be a party to the discretionary contract and the name of:

a.

Any individual or entity that would be a subcontractor on the discretionary contract, and

b.

Any individual or entity that is known to be a partner or a parent entity of any individual or entity who would be a party to the discretionary contract, or any subsidiary entity that is anticipated to be involved in the execution of the contract; and

(3)

The identity of any lobbyist, attorney or consultant employed for purposes relating to the discretionary contract being sought by any individual or entity who would be a party to the discretionary contract.

An individual or entity seeking a discretionary contract is required to supplement this filing on a form provided by the city in the event there is any change in the information required of the individual or entity under this subsection. The individual or entity seeking a discretionary contract must supplement this filing before the discretionary contract is the subject of council action, and no later than five business days after any change about which information is required to be filed.

(b)

Political contributions. Any individual or entity seeking a discretionary contract from the city must disclose in connection with a proposal for a discretionary contract, on a form provided by the city, all political contributions totaling $100.00 or more within the past 24 months made directly or indirectly to any current or former member of city council, any candidate for city council, or to any political action committee that contributes to city council elections, by any individual or entity whose identity must be disclosed under subsection (a).

Indirect contributions by an individual include, but are not limited to, contributions made by an individual's spouse, whether statutory or common-law. Indirect contributions by an entity include, but are not limited to, contributions made by the officers, owners of the entity seeking the contract, and attorneys, consultants or registered lobbyists of the entity hired or retained to assist an individual or entity seeking a contract.

Indirect contributions do not include contributions by owners of a business entity who hold less than five percent of the fair market value or voting stock of the entity.

Political contributions made in the preceding 24 months to any individual who is a former councilmember must be disclosed, unless:

(1)

The contributions were made in connection with a campaign or officeholder account not associated with a city office;

(2)

The former officeholder has terminated the campaign treasurer appointment and filed the final campaign finance report with the office of the city clerk at the time the contract was in the solicitation process or under consideration for approval by the city; and

(3)

The former member is not or was not serving in a city office at the time the contract was in the solicitation process or under consideration for approval by the city.

(c)

Briefing papers and open records. Briefing papers prepared for the city council concerning any proposed discretionary contract to be considered for ordinance action shall reveal the information disclosed in compliance with subsections (a) and (b), and that information shall constitute an open record available to the public.

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

Sec. 2-60. - Disclosure of association with city official or employee.

(a)

Disclosures during appearances. A person appearing before a city board or other city body shall disclose to it any known facts which, reasonably understood, raise a question as to whether any member of the board or body would violate section 2-43 by participating in official action relating to a matter pending before the board or body.

(b)

Disclosures in proposals. Any individual or business entity seeking a discretionary contract with the city shall disclose, on a form provided by the city, any known facts which, reasonably understood, raise a question as to whether any city official would violate section 2-43 by participating in official action relating to the discretionary contract.

(c)

Disclosure of benefit. If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any city official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, he or she shall disclose that fact in a signed writing to the city official, employee, or body that has been requested to act in the matter, unless the interest of the city official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the city clerk.

(d)

Definition. For purposes of this rule, facts are "reasonably understood" to "raise a question" about the appropriateness of official action if a disinterested person would conclude that the facts, if true, require recusal or require careful consideration of whether or not recusal is required.

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

Sec. 2-61. - Prohibited contacts during contract solicitation period.

A person or entity who seeks or applies for a city contract or any other person acting on behalf of such person or entity, is prohibited from contacting city officials and employees as defined in section 2-62 regarding such a contract after a request for proposal (RFP), request for qualification (RFQ) or other solicitation has been released. This no-contact provision shall conclude when the contract is posted as a city council agenda item. If contact is required with city officials and employees, such contact will be done in accordance with procedures incorporated into the solicitation document. Violation of this provision by respondents or their agents may lead to disqualification of their offer from consideration.

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