The objectives of public procurement include conserving public
funds and inspiring public confidence. Any erosion of honesty, integrity
and openness is more injurious to public procurement than to most
other public pursuits. The appearance of a conflict of interest may
be as harmful to public confidence in its government as an actual
case of misconduct. For that reason, all personnel involved directly
or indirectly in procurement transactions, from the original purchase
to the ultimate disposal, must be guided by the highest standards
of ethical conduct.
Further, any personal gain other than wages and benefits realized
through public employment is a breach of public trust. To the extent
that violations of ethical standards of conduct set forth in this
chapter constitute violations of law, such shall be punishable as
provided by law. Such penalties shall be in addition to the administrative
sanctions set forth in this chapter and the City’s Personnel
Policy Manual.
(Res. 04-12 (§ 3.1), 1-16-12)
No public employee having official responsibility for a procurement
transaction shall represent the City in that transaction when the
employee knows that:
(a) The employee is contemporaneously employed by a bidder, offeror or
contractor involved in the procurement transaction;
(b) The employee, the employee’s partner or any member of the employee’s
immediate family holds a position with a bidder, offeror or contractor,
such as officer, director, trustee or partner, has a personal and
substantial participation in the transaction or owns or controls more
than five percent of the firm;
(c) The employee, the employee’s partner or any member of the employee’s
immediate family has a pecuniary interest in or arising from the transaction;
or
(d) The employee, the employee’s partner or any member of the employee’s
immediate family is negotiating or has an arrangement concerning prospective
employment with a bidder, offeror or contractor.
(Res. 04-12 (§ 3.2), 1-16-12)
The City of Grand Junction stipulates certain ethical requirements
for vendors participating in procurement transactions. Those statements
are generally stated as follows:
(a) No bidder, offeror, contractor or subcontractor shall confer upon
any public employee having official responsibility for a procurement
transaction any payment, loan, subscription, advance, deposit of money,
or services, present or promised;
(b) All bidders, offerors, contractors or subcontractors shall complete
a disclosure of interest form to inform of any personal interest of
any public official with respect to any City procurement;
(c) Failure to make the required disclosure may result in disqualification,
disbarment, suspension from bidding and rescission of contracts;
(d) No contractor or subcontractor shall give, demand or receive from
any suppliers, subcontractors or competitors any bribe or kickback
or anything of value in return for participation in a procurement
transaction or agreeing not to compete in a transaction; and
(e) Architects or engineers employed by the City may not furnish building
materials, supplies or equipment for any structure on which they are
providing professional services. The City also does not accept bids
or proposals from consultants or bidders who have solely and directly
prepared specifications for a specific requirement, regardless of
whether the consultant/bidder was paid for the specification.
(Res. 04-12 (§ 3.3), 1-16-12)
(a) Gratuities.
It is a breach of ethical standards for
any person to offer, give or agree to give any employee or public
official a gratuity or offer of employment or employment in connection
with any decision or recommendation concerning a possible or actual
purchase by and/or on behalf of the City.
(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 and solicitation thereof.
(Res. 04-12 (§ 3.4), 1-16-12)
It shall be a breach of ethical standards for any employee or
public official to knowingly use confidential information for his
or her personal gain or the personal gain of others.
(Res. 04-12 (§ 3.5), 1-16-12)
It is a breach of ethical standards for any employee or public
official to solicit or request personal monetary discounts from vendors
based on employment with the City of Grand Junction.
(Res. 04-12 (§ 3.6), 1-16-12)
No officer or employee shall solicit or receive any pay, commission,
money, or thing of value, or derive any benefit, profit or advantage,
directly or indirectly, from or by reason of employment by the City,
except his lawful compensation or salary as such officer or employee.
(Res. 04-12 (§ 3.7), 1-16-12)
State statutes codified at §
31-4-401,
C.R.S. et seq. and §
24-18-101, C.R.S. et seq. allow the City to accept a bid, quotation or proposal
which complies with the City’s procurement policies and procedures,
and is the lowest received in any competitive open process, even if
the bidder is an employee or officer of the City, if the employee
or officer has disclosed real or potential conflicts of interest and
has abstained from voting on related issues. To qualify, an employee
or officer shall file a public disclosure record (PDR) outlining the
individual’s financial interest. Completed forms shall constitute
a public record filed in the office of the City Clerk.
(Res. 04-12 (§ 3.8), 1-16-12)
(a) Employees.
The City Manager may impose any one or more
of the following sanctions on a City employee for violations of the
ethical standards set forth in this section and the Personnel Policy
Manual:
(1) Oral or written warnings or reprimands;
(2) Suspension with or without pay for specified periods of time; or
(3) Termination of employment.
(b) Nonemployees.
The City Manager may impose any one or
more of the following sanctions on a nonemployee for violation of
the ethical standards:
(1) Written warnings or reprimands;
(2) Termination of contracts; or
(3) Disbarment or suspension for cause from consideration for award of
contracts.
(Res. 04-12 (§ 3.9), 1-16-12)