To the extent that violations of the ethical standards of conduct
set forth in this article constitute violations of any New York State
or Putnam County law, they shall be punishable as provided therein.
Such penalties shall be in addition to the civil sanctions set forth
in this article. Criminal, civil, and administrative sanctions against
employees or nonemployees which are in existence on the effective
date of this policy shall not be impaired.
It shall be unethical for any County of Putnam employee to participate
directly or indirectly in a procurement contract when the County employee
knows that:
A.
The County of Putnam employee or any member of the County employee's
immediate family has a financial interest pertaining to the procurement
contract; or
B.
Any other person, business, or organization with which the County
employee or any member of a County employee's immediate family
is negotiating or has an arrangement concerning prospective employment
is involved in the procurement contract. A County of Putnam employee
or any member of a County employee's immediate family who holds
a financial interest in a disclosed blind trust shall not be deemed
to have a conflict of interest with regard to matters pertaining to
that financial interest.
A.
Gratuities. It shall be unethical for any person to offer, give,
or agree to give any County employee or former County employee, or
for any County employee or former County employee to solicit, demand,
accept, or agree to accept from another person, a gratuity or an offer
of employment in connection with any decision, approval, disapproval,
recommendation, or preparation of any part of a program requirement
or a purchase request, influencing the content of any specification
or procurement standard, rendering of advice, investigation, auditing,
or in any other advisory capacity in any proceeding or application,
request for ruling, determination, claim, or controversy, or other
particular matter, pertaining to any program requirement or a contract
or subcontract, or to any solicitation or proposal therefor.
B.
Kickbacks. It shall be unethical for any payment, gratuity, or offer
of employment to be made by or on behalf of a subcontractor under
a contract to the prime contractor or higher tier subcontractor or
any person associated therewith, as an inducement for the award of
a subcontract or order.
C.
Contract clause. The prohibition against gratuities and kickbacks
prescribed in this section shall be conspicuously set forth in every
contract and solicitation therefor.
It shall be unethical for a person to be retained, or to retain
a person, to solicit or secure a County contract upon an agreement
or understanding for a commission, percentage, brokerage, or contingent
fee, except for retention of bona fide employees or bona fide established
commercial selling agencies for the purpose of securing business.
It shall be unethical for any County employee who is participating
directly or indirectly in the procurement process to become or to
be, while such a County employee, the employee of any person contracting
with the governmental body by whom the employee is employed.
The County Board of Ethics may grant a waiver from the employee conflict of interest provision (§ 140-7.2, Employee conflict of interest) or the contemporaneous employment provision (§ 140-7.5, Contemporaneous employment prohibited) upon making a written determination that:
A.
The contemporaneous employment or financial interest of the County
employee has been publicly disclosed;
B.
The County employee will be able to perform his/her procurement functions
without actual or apparent bias or favoritism; and
C.
The award will be in the best interests of the County of Putnam.
It shall be unethical for any County employee or former County
employee to knowingly use confidential information for actual or anticipated
personal gain, or for the actual or personal gain of any other person.
