§ 4.48.090. Restrictions on employment of present or former employees.

A.

Contemporaneous Employment Prohibited. Except as may be permitted by regulations or rulings of the procurement appeals board, it shall be a breach of ethical standards for any employee who is participating directly or indirectly in the procurement process to become or be, while such an employee, the employee of any person contracting with the governmental body by whom the employee is employed.

B.

Restrictions on Former Employees Connected with Their Former Duties.

1.

Permanent Disqualification of Former Employees Personally Involved in a Particular Matter. It shall be a breach of ethical standards for any former employee knowingly to act as principal, or as an agent for anyone other than the metropolitan government, in connection with any:

a.

Judicial or other proceeding, application, request for a ruling or other determination;

b.

Contract;

c.

Claim; or

d.

Charge or controversy,

in which the employee participated personally and substantially through decision, approval, disapproval, recommendation, rendering of advice, investigation or otherwise while an employee, where the metropolitan government is a party or has a direct or substantial interest.

2.

One-Year Representation Restriction Regarding Matters for Which a Former Employee Was Officially Responsible. It shall be a breach of ethical standards for any former employee, within one year after cessation of the former employee's official responsibility, knowingly to act as principal or as an agent for anyone other than the metropolitan government, in connection with any:

a.

Judicial or other proceeding, application, request for a ruling or other determination;

b.

Contract;

c.

Claim; or

d.

Charge or controversy,

in matters which were within the former employee's official responsibility, where the metropolitan government is a party or has a direct or substantial interest.

C.

Disqualification of Business When an Employee Has a Financial Interest. It shall be a breach of ethical standards for a business in which an employee has a financial interest knowingly to act as a principal or as an agent for anyone other than the metropolitan government, in connection with any:

1.

Judicial or other proceeding, application, request for ruling or other determination;

2.

Contract;

3.

Claim; or

4.

Charge or controversy

in which the employee either participates personally and substantially through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise or which is the subject of the employee's official responsibility, where the metropolitan government is a party or has a direct and substantial interest.

D.

Selling to the metropolitan government After Termination of Employment is Prohibited.

1.

It shall be a breach of ethical standards for any former employee, unless the former employee's last annual salary did not exceed eighteen thousand dollars, to engage in selling or attempting to sell supplies, services or construction to the metropolitan government for six months following the date employment ceased.

2.

The term "sell" as used herein means signing a bid, proposal or contract; negotiating a contract; contacting any employee for the purpose of obtaining, negotiating or discussing changes in specifications, price, cost allowance or other terms of a contract; settling disputes concerning performance of a contract or any other liaison activity with a view toward the ultimate consummation of a sale although the actual contract therefor is subsequently negotiated by another person; provided, however, that this section is not intended to preclude a former employee from accepting employment with private industry solely because the former employee's employer is a contractor with the metropolitan government; nor shall a former employee be precluded from serving as a consultant to the metropolitan government.

(Ord. 92-210 § 1 (12-208), 1992)