AG 2006 08 21 - Laserfiche WebLink

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Subiect: Purpose: Policy: Ethics and Conflicts of Interest Establish guidelines and codes of ethics to maintain fairness, to avoid favoritism or personal gain, and to avoid even the appearance of a conflict of interest. Pursuant to N.C.G.S. 14-234 (a) (1) & (2) (Contracting for own benefit), any public officer or employee who is involved in making or administering a contract is prohibited from deriving a direct benefit from the contract. If a public officer or employee is not involved in making or administering a contract, but would derive a direct benefit, they are prohibited from influencing or attempting to influence any person who is involved in making or administering the contract. And, a public officer or employee is prohibited from soliciting or receiving any gift, reward, or promise of reward in exchange for recommending, influencing or attempting to influence the award of a contract. Violation of this statute constitutes a Class 1 Misdemeanor. Pursuant to N.C.G.S. 133-32 it is also a Class 1 Misdemeanor to give or receive gifts and favors in the context of purchasing and contracting. This applies to current contractors, those who have performed under a contract within the past year, or those who anticipate bidding on such a contract in the future. This statute prohibits any officer or employee who prepares plans, specifications, or estimates; awards or administers contract; or inspects or supervises construction from receiving gifts and favors. The conflict of interest statute specifically includes the interest of a spouse in the definition of "direct benefit". The County does not generally have authority to act as a retailer of goods; nor, does it have the authority to use the public purchasing power for private use. Therefore, it is not legal for employees to purchase items for their personal use through local government contracts - even if the person receiving the item reimburses the County for the total cost. 21 ~'b