10.1 Generally. All persons participating in a procurement process shall act in accordance with federal, state and city ethics and conflict of interest requirements. City procurement personnel shall prevent abuses of the procurement system as described below. In addition to complying with the laws cited below, all persons shall comply with the requirements of this chapter.
10.2 Prohibited Acts. With respect to procurement matters, City employees, officers, and appointees, or any other person participating in a procurement process, shall comply with all applicable ethics and conflict of interest laws, which shall include the following:
A. Special Benefits. They shall not use the procurement system to secure special privileges or exemptions for themselves or others because of their positions. See also: UCA § 10-3-1304.
B. Gifts or Loans. They shall not knowingly receive gifts or loans that tend to influence the discharge of their official duties. However, they may accept occasional nonpecuniary gifts valued at less than fifty dollars, publicly presented awards, or bona fide loans or political campaign contributions. See also: UCA § 10-3-1304.
C. Payment for Assisting in Transactions. They shall not receive or agree to receive compensation for assisting another in a transaction with the City unless they file a disclosure of information with the mayor as required by state law, and with their supervisors and others who rely on their representations during the transaction. See also: UCA § 10-3-1305.
D. Interest in Business within Regulatory Authority. When they are officers, directors, agents, employees or owners of a substantial interest in an entity under their regulatory authority, they must file a disclosure of information as required by state law. See also: UCA § 10-3-1306.
E. Interest in Business Seeking City Business. When they are officers, directors, agents, employees or owners of a substantial interest in an entity anticipating doing business with the City, they must file a disclosure of information as required by state law. See also: UCA § 10-3-1307.
F. Interests Conflicting with Public Duties. When their personal interests and investments conflict with their public duties, the conflict must be disclosed as required by state law. See also: UCA § 10-3-1308.
G. Individualized Material Benefits. When their actions may result in a specific financial, professional or personal material benefit to them, they must disclose those interests in the manner provided by City code. See also: SLCC § 2.44.030.
H. Use of Confidential Information. They shall not disclose or use confidential information acquired in their jobs for their or another's private gain or benefit. See also: SLCC § 2.44.040.
I. Contracts Benefiting Self or Family. They shall not enter contracts in which they or members of their immediate family have any private pecuniary interest, whether direct or indirect, when they have participated in making, recommending or preparing the contract, or when they have or will perform some function in connection with the contract requiring the exercise of discretion on their part, unless the contract is awarded through a public competitive process and the interest is disclosed as provided by City code. See also: SLCC § 2.44.080.
10.3 Manner of Disclosure. Disclosure under this chapter must comply with all applicable law, and shall include the following:
A. Relating to a Transaction. When disclosure relates to a specific transaction, the disclosing employee, officer or appointee must do the following:
1. Disclosure to Mayor. The employee, officer or appointee must file a sworn statement with the mayor giving his or her name and address, the name and address of the third party involved in the transaction, and a brief description of the transaction, and the nature of the employee's, officer's or appointee's involvement.
2. Disclosure to Others. The employee, officer or appointee must disclose the same information described above to his or her immediate supervisor, to the responsible Procurement Official, and to any other City employee, officer or appointee who may rely on his or her representations. If a member of a public body, that body must also receive notice.
3. Time of Disclosure. The above disclosures must occur at least ten days before the date of any agreement relating to the transaction, or ten days before the date when any compensation may be received, whichever is earlier. See also: UCA § 10-3-1305; SLCC § 2.44.060.
B. Relating to a Conflict of Interest. When disclosure relates to a conflict of interest, the disclosing employee, officer or appointee must do the following:
1. Required Disclosure. Upon becoming employed or taking office, the employee, officer or appointee must disclose any positions held, or the nature and value of any substantial interests held, in any business or entity conflicting with City duties, or any business or entity which is subject to regulation by the City and over which that person may have influence. This disclosure must be updated whenever the employee's, officer's or appointee's position in the business changes, or the value of his or her interests significantly increases.
2. Manner of Disclosure. Disclosure must be made in a sworn statement filed with the Mayor, with a copy to the responsible Procurement Official. See also: UCA § 10-3-1306; SLCC § 2.44.050.
10.4 Duty of Procurement Personnel. Procurement personnel shall comply with all requirements imposed on City employees as described above. If they become aware of circumstances that may indicate a violation of any provision of this chapter on the part of a City employee, officer, appointee or other person who is participating in a procurement, they shall ask the employee, officer, appointee or other person to explain in writing the nature of those circumstances. They shall forward the written explanation to the Procurement Official. The Procurement Official shall notify the Chief Procurement Officer, and they shall consult with the City Attorney's Office as needed.
CURRENT REFERENCES: Salt Lake City Code §§ 3.24.130
PRE-1996 REFERENCES: Salt Lake City Procurement Policy 3.09.002 Part 12
EFFECTIVE DATE: October 21, 1997