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45A.455 Conflict of interest -- Gratuities and kickbacks -- Use of confidential information.

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45A.455 Conflict of interest -- Gratuities and kickbacks -- Use of confidential information. (1) It shall be a breach of ethical standards for any employee with procurement authority to participate directly in any proceeding or application; request for ruling <br>or other determination; claim or controversy; or other particular matter pertaining to <br>any contract, or subcontract, and any solicitation or proposal therefor, in which to <br>his knowledge: <br>(a) He, or any member of his immediate family has a financial interest therein; or <br>(b) A business or organization in which he or any member of his immediate family has a financial interest as an officer, director, trustee, partner, or <br>employee, is a party; or (c) Any other person, business, or organization with whom he or any member of his immediate family is negotiating or has an arrangement concerning <br>prospective employment is a party. Direct or indirect participation shall <br>include but not be limited to involvement through decision, approval, <br>disapproval, recommendation, preparation of any part of a purchase request, <br>influencing the content of any specification or purchase standard, rendering of <br>advice, investigation, auditing, or in any other advisory capacity. (2) It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to <br>solicit, demand, accept, or agree to accept from another person, a gratuity or an <br>offer of employment, in connection with any decision, approval, disapproval, <br>recommendation, preparation of any part of a purchase request, influencing the <br>content of any specification or purchase standard, rendering of advice, investigation, <br>auditing, or in any other advisory capacity in any proceeding or application, request <br>for ruling or other determination, claim or controversy, or other particular matter, <br>pertaining to any contract or subcontract and any solicitation or proposal therefor. (3) It is a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime <br>contractor or higher tier subcontractor or any person associated therewith, as an <br>inducement for the award of a subcontract or order. (4) The prohibition against conflicts of interest and gratuities and kickbacks shall be conspicuously set forth in every local public agency written contract and solicitation <br>therefor. (5) It shall be a breach of ethical standards for any public employee or former employee knowingly to use confidential information for his actual or anticipated personal <br>gain, or the actual or anticipated personal gain of any other person. Effective: April 9, 1980 <br>History: Amended 1980 Ky. Acts ch. 250, sec. 16, effective April 9, 1980. -- Created 1978 Ky. Acts ch. 110, sec. 92, effective January 1, 1980.