§ 2-155. Elected and appointed officials prohibited from engaging in business with city.

(a)

The mayor, councilmembers, other elected officials or members of the following boards, commissions, committees and agencies: airport commission, civil service commission, parks and recreation commission, planning commission, sewer committee and water commission, shall not be interested, directly or indirectly, in the profits of any contract for the furnishing of supplies, equipment or services to the municipality.

(b)

The prohibition prescribed in this section shall not apply to contracts for the furnishing of supplies, equipment or services to be performed for a municipality, or board, commission, committee or agency, by a corporation in which no alderman or councilmember, elected official, or board, commission, committee or agency member holds any executive or managerial office, or by a corporation in which a controlling interest is held by stockholders who are not aldermen or councilmembers, an elected official, or members of a board, commission, committee or agency.

(c)

The prohibition prescribed in this section shall not apply to:

(1)

Contracts approved by the city council;

(2)

Manufacturers' warranty service/parts; or

(3)

Miscellaneous services/parts not exceeding $1,000.00 per calendar year; and

(4)

May be waived by the city council if the city council shall have enacted a resolution or ordinance specifically permitting the mayor, alderman or councilmember, other elected official, or member of a board, commission, committee or agency, to conduct business with the city and prescribing the extent of the authority.

(d)

No member as described in subsection (a) of this section, or any other board, commission, committee or agency, shall be interested, directly or indirectly, in the profits of any contract for the furnishing of supplies, equipment or services to the board, commission, committee or agency on which they serve.

(e)

Willful and knowing violation of this section by the mayor, alderman or councilmember, other elected official, or member of any board, commission, committee or agency shall be deemed nonfeasance in office, and if, upon hearing by the city council, the violation is proved to be true, the city council shall remove the guilty person from office, in addition to other remedies or penalties provided by law.

(Code 1980, § 2-220)