14-14-1202. Ethics for county government officers and employees.

14-14-1202. Ethics for county government officers and employees. (a)Public Trust. (1) The holding of public office or employment is a public trust created by the confidence which the electorate reposes in the integrity of officers and employees of county government. (2) An officer or employee shall carry out all duties assigned by law for the benefit of the people of the county. (3) The officer or employee may not use his or her office, the influence created by his or her official position, or information gained by virtue of his or her position to advance his or her individual personal economic interest or that of an immediate member of his or her family or an associate, other than advancing strictly incidental benefits as may accrue to any of them from the enactment or administration of law affecting the public generally. (b)Officers and Employees of County Government Defined. (1) For purposes of this section, officers and employees of county government include: (A) All elected county and township officers and their employees; (B) All district judicial officers serving a county and their employees; and (C) All members of county boards and advisory, administrative, or subordinate service districts and their employees. (2) Officials who are considered to be state officers or deputy prosecuting attorneys are not covered by this subsection. (c)Rules of Conduct. (1) No officer or employee of county government shall: (A)(i) Be interested, either directly or indirectly, in any contract or transaction made, authorized, or entered into on behalf of the county or an entity created by the county, or accept or receive any property, money, or other valuable thing for his or her use or benefit on account of, connected with, or growing out of any contract or transaction of a county. (ii)(a) If in the purchase of any materials, supplies, equipment, or machinery for the county, any discounts, credits, or allowances are given or allowed, they shall be for the benefit of the county. (b) It shall be unlawful for any officer or employee to accept or retain them for his or her own use or benefit; (B) Be a purchaser at any sale or a vendor of any purchase made by him or her in his or her official capacity; (C) Acquire an interest in any business or undertaking which he or she has reason to believe may be directly affected to its economic benefit by official action to be taken by county government; (D)(i) Perform an official act directly affecting a business or other undertaking to its economic detriment when he or she has a substantial financial interest in a competing firm or undertaking. (ii) Substantial financial interest is defined for purposes of this section as provided in Acts 1971, No. 313, § 7 [repealed]. (2)(A)(i) If the quorum court determines it is in the best interest of the county, the quorum court by ordinance upon a two-thirds (2/3) vote may permit the county to purchase goods, services, commodities, or real property directly or indirectly from a quorum court member, a county officer, or a county employee due to unusual circumstances. (ii) The ordinance permitting the purchase shall define specifically the unusual circumstances under which the purchase is permitted and the limitations of the authority. (B) A quorum court member having an interest in the goods, services, commodities, or real property being considered under the procedures in this subdivision (c)(2) shall not vote upon the approval of the ordinance permitting the purchase of the goods, services, commodities, or real property. (C) If goods, services, commodities, or real property are purchased under the procedures in this subdivision (c)(2), the county judge shall file an affidavit, together with a copy of the voucher and other documents supporting the disbursement, with the county clerk certifying that each disbursement has been made in accordance with the ordinance. (3)(A) No person shall simultaneously hold office and serve as an elected county justice of the peace and hold office and serve as an elected city council member. (B) This subdivision (c)(3) shall not cut short the term of any office holder serving as such on September 1, 2005, but shall be implemented during the next election cycle of each office. (d)Removal from Office or Employment. (1) Court of Jurisdiction. Any citizen of a county or the prosecuting attorney of a county may bring an action in the circuit court in which the county government is located to remove from office any officer or employee who has violated the rules of conduct set forth in this section. (2)Suspension Prior to Final Judgment. (A) Pending final judgment, an officer or employee who has been charged as provided in this section may be suspended from his or her office or position of employment without pay. (B) Suspension of any officer or employee pending final judgment shall be upon order of the circuit court or judge thereof in vacation. (3)Punishment. (A) Judgment upon conviction for violation of the rules of conduct set forth in this section shall be deemed a misdemeanor. (B) Punishment shall be by a fine of not less than three hundred dollars ($300) nor more than one thousand dollars ($1,000), and the officer or employee shall be removed from office or employment of the county. (4) Acquittal. Upon acquittal, an officer or employee shall be reinstated in his or her office or position of employment and shall receive all back pay. (5)Legal Fees. (A) Any officer or employee charged as provided in this section and subsequently acquitted shall be awarded reasonable legal fees incurred in his or her defense. (B)(i) Reasonable legal fees shall be determined by the circuit court or the Supreme Court on appeal. (ii) Such legal fees shall be ordered paid out of the general fund of the county treasury.