105.454. Additional prohibited acts by certain elected and appointed public officials and employees, exceptions.
Additional prohibited acts by certain elected and appointed publicofficials and employees, exceptions.
105.454. No elected or appointed official or employee of the state orany political subdivision thereof, serving in an executive oradministrative capacity, shall:
(1) Perform any service for any agency of the state, or for anypolitical subdivision thereof in which he or she is an officer or employeeor over which he or she has supervisory power for receipt or payment of anycompensation, other than of the compensation provided for the performanceof his or her official duties, in excess of five hundred dollars pertransaction or five thousand dollars per annum, except on transactions madepursuant to an award on a contract let or sale made after public notice andcompetitive bidding, provided that the bid or offer is the lowest received;
(2) Sell, rent or lease any property to any agency of the state, orto any political subdivision thereof in which he or she is an officer oremployee or over which he or she has supervisory power and receivedconsideration therefor in excess of five hundred dollars per transaction orfive thousand dollars per year, unless the transaction is made pursuant toan award on a contract let or sale made after public notice and in the caseof property other than real property, competitive bidding, provided thatthe bid or offer accepted is the lowest received;
(3) Participate in any matter, directly or indirectly, in which he orshe attempts to influence any decision of any agency of the state, orpolitical subdivision thereof in which he or she is an officer or employeeor over which he or she has supervisory power, when he or she knows theresult of such decision may be the acceptance of the performance of aservice or the sale, rental, or lease of any property to that agency forconsideration in excess of five hundred dollars' value per transaction orfive thousand dollars' value per annum to him or her, to his or her spouse,to a dependent child in his or her custody or to any business with which heor she is associated unless the transaction is made pursuant to an award ona contract let or sale made after public notice and in the case of propertyother than real property, competitive bidding, provided that the bid oroffer accepted is the lowest received;
(4) Perform any services during the time of his or her office oremployment for any consideration from any person, firm or corporation,other than the compensation provided for the performance of his or herofficial duties, by which service he or she attempts to influence adecision of any agency of the state, or of any political subdivision inwhich he or she is an officer or employee or over which he or she hassupervisory power;
(5) Perform any service for consideration, during one year aftertermination of his or her office or employment, by which performance he orshe attempts to influence a decision of any agency of the state, or adecision of any political subdivision in which he or she was an officer oremployee or over which he or she had supervisory power, except that thisprovision shall not be construed to prohibit any person from performingsuch service and receiving compensation therefor, in any adversaryproceeding or in the preparation or filing of any public document or toprohibit an employee of the executive department from being employed by anyother department, division or agency of the executive branch of stategovernment. For purposes of this subdivision, within ninety days afterassuming office, the governor shall by executive order designate thosemembers of his or her staff who have supervisory authority over eachdepartment, division or agency of state government for purposes ofapplication of this subdivision. The executive order shall be amendedwithin ninety days of any change in the supervisory assignments of thegovernor's staff. The governor shall designate not less than three staffmembers pursuant to this subdivision;
(6) Perform any service for any consideration for any person, firm orcorporation after termination of his or her office or employment inrelation to any case, decision, proceeding or application with respect towhich he or she was directly concerned or in which he or she personallyparticipated during the period of his or her service or employment.
(L. 1978 H.B. 1610 § 4, A.L. 1991 S.B. 262, A.L. 1998 H.B. 1120, A.L. 2004 S.B. 968 and S.B. 969, A.L. 2005 H.B. 577 merged with S.B. 307)