Conflict
of Interest Statutes
Every
political subdivision...shall maintain for public inspection in
a special file all documents necessary to memorialize all disclosures
of substantial interest made known pursuant to this article.
A.R.S. Section 38-509.
| Statute:
A.R.S. Section 38-503-A |
| Persons
Covered: |
Public
officers and employees (full-time, part-time, contract).
|
| Activity
Covered:
|
Voting
on or otherwise participating in any manner in a contract, sale,
or purchase. |
| Prohibition:
|
Public
officer or employee who has, or whose relative (spouse, child,
grandchild, parent, grandparent, brother, or sister--whole or
half blood--and their spouses, parents, brother, sister, or
child of a spouse) has a substantial interest in the contract,
sale or purchase(1). The public officer or employee must make
his/her interest now in the official records of the public agency
and refrain from voting or otherwise participating in any manner. |
| Penalty/Remedy:
|
Class
6 felony (intentional or knowing), or class 1 misdemeanor (reckless
or negligent); forfeiture of public office or employment; contract
is voidable; civil lawsuit to enforce payment of costs. |
| Statute:
A.R.S. Section 38-503-B |
| Persons
Covered: |
Public
officers and employees (full-time, part-time, contract). |
| Activity
Covered:
|
Participating
in any manner in a decision. |
| Prohibition:
|
Public
officer or employee who has, or whose relative (spouse, child,
grandchild, parent, grandparent, brother, or sister--whole or
half blood--and their spouses, parents, brother, sister, or
child of a spouse) has a substantial interest in the contract,
sale or purchase(1). The public officer or employee must make
his/her interest now in the official records of the public agency
and refrain from voting or otherwise participating in any manner. |
| Penalty/Remedy:
|
Class
6 felony (intentional or knowing), or class 1 misdemeanor (reckless
or negligent); forfeiture of public office or employment; contract
is voidable; civil lawsuit to enforce payment of costs. |
| Statute:
A.R.S. Section 38-503-C |
| Persons
Covered: |
Public
officers and employees (full-time, part-time, contract). |
| Activity
Covered:
|
Supplying
equipment, materials, supplies or services to the public agency
of which they are officers or employees. |
| Prohibition:
|
Absolute
unless the public agency purchases the equipment, materials,
supplies or services pursuant to a contract awarded after public
competitive bidding (except that the agency may purchase, with
its governing body's approval, $300.00 of equipment, materials,
and supplies from a governing board member in a single transaction,
not to exceed $1,000 per year). |
| Penalty/Remedy:
|
Class
6 felony (intentional or knowing), or class 1 misdemeanor (reckless
or negligent); forfeiture of public office or employment; contract
is voidable; civil lawsuit to enforce payment of costs. |
| Statute:
A.R.S. Section 38-503-D |
| Persons
Covered: |
Governing
Board of a School District or Community College District. |
| Activity
Covered:
|
Employing
a person who is a member of the Governing Board or who is a
spouse of a member of the Governing Board. |
| Prohibition:
|
Absolute. |
| Penalty/Remedy:
|
Class
6 felony (intentional or knowing), or class 1 misdemeanor (reckless
or negligent); forfeiture of public office or employment; contract
is voidable; civil lawsuit to enforce payment of costs. |
| Statute:
A.R.S. Section 38-504-A |
| Persons
Covered: |
Public
officers and employees (full-time, part-time, contract)-- plus
former public officers and employees. |
| Activity
Covered:
|
Representation
of another for compensation before a public agency by which
he/she is or was employed within preceding 12 months on matters
in which he or she was directly concerned and personally participated
by a substantial and material exercise of discretion. |
| Prohibition:
|
Absolute
prohibition. |
| Penalty/Remedy:
|
Class
6 felony (intentional or knowing), or class 1 misdemeanor (reckless
or negligent); forfeiture of public office or employment; contract
is voidable; civil lawsuit to enforce payment of costs. |
| Statute:
A.R.S. Section 38-504-B |
| Persons
Covered: |
Public
officers and employees (full-time, part-time, contract)-- plus
former public officers and employees. |
| Activity
Covered:
|
During
employment or service and for two years after, disclosing or
using for personal profit, without authorization, information
acquired in the course of official duties which has been clearly
designated confidential or is declared confidential by law. |
| Prohibition:
|
Absolute
prohibition. |
| Penalty/Remedy:
|
Class
6 felony (intentional or knowing), or class 1 misdemeanor (reckless
or negligent); forfeiture of public office or employment; contract
is voidable; civil lawsuit to enforce payment of costs. |
| Statute:
A.R.S. Section 38-504-C |
| Persons
Covered: |
Public
officers and employees (full-time, part-time, contract). |
| Activity
Covered:
|
Using
or attempting to use one's position to secure a valuable benefit
not ordinarily accruing in the performance of official duties,
and of a character to manifest a substantial and improper influence
concerning his or her duties. |
| Prohibition:
|
Absolute
prohibition. |
| Penalty/Remedy:
|
Class
6 felony (intentional or knowing), or class 1 misdemeanor (reckless
or negligent); forfeiture of public office or employment; contract
is voidable; civil lawsuit to enforce payment of costs. |
| Statute:
Statute: A.R.S. Section 38-505 |
| Persons
Covered: |
Public
officers and employees (full-time, part-time, contract). |
| Activity
Covered:
|
Receipt
of, or agreeing to receive, either directly or indirectly,
compensation other than as provided by law for services rendered
or to be rendered personally in any matter pending before the
public agency of which the person is an officer or employee. |
| Prohibition:
|
Absolute
prohibition except for certain ministerial functions, such as
filing or amending tax return applications for permits and licenses,
incorporation papers. |
| Penalty/Remedy:
|
Class
6 felony (intentional or knowing), or class 1 misdemeanor (reckless
or negligent); forfeiture of public office or employment; contract
is voidable; civil lawsuit to enforce payment of costs. |
| Statute:
A.R.S. Section 38-511-A |
| Persons
Covered: |
Any
person significantly involved in initiating, drafting, negotiating,
securing or creating a contract on behalf of a political subdivision. |
| Activity
Covered:
|
Becoming,
at any time during the contract or extension, an employee of
agent of any other party to the contract in any capacity, or
a consultant to any other party to the contract with respect
to its subject matter. |
| Prohibition:
|
Enforced
at the option of MCCCD. |
| Penalty/Remedy:
|
Cancellation
of the contract without penalty or obligation, recoupment of
any fee or commission paid or due to the person. |
(1)
A "substantial interest" is any pecuniary or proprietary
interest, direct or indirect, other than a remote interest. A "remote
interest," among other things, is that of a nonsalaried officer
of a nonprofit corporation; or ownership of less than three percent
of the share of a for-profit corporation, provided that the total
annual income from dividends does not exceed five percent, and other
payments do not exceed five percent, of the officer's or employee's
total annual income. For a complete list of remote interests, see
A.R.S. Section 38-502-10.
|
