U-1 CODE OF CONDUCT

U-1-1 DEFINITIONS

Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:

A. “Officers” shall mean elected or appointed officials who are vested with some portion of the function of government to be exercised for the public benefit.

B. “Employees” shall mean persons employed by the City of Fort Pierre to perform certain duties, who are compensated for such performance and who are not considered independent contractors.

C. “Agents” shall mean persons authorized to act on behalf of the City of Fort Pierre.

D. “Conduct” shall mean the personal behavior of the officers, agents, and employees of the City of Fort Pierre, while such persons are carrying out their official duties.

U-1-2 PURPOSE

The purpose of this chapter is to ensure the efficient, fair, and professional administration of federal grants in compliance with Federal Office Management Budget Circular A-102, and other applicable federal and state standards, regulations, and laws.

Source:

Authority: SDCL 9-19-3, Hatch Act, Sept. 6, 1966, P.L. 89-554, § 180 Stat. 403; Oct. 15, 1974, P.L. 93-443, tit. 9, § 401(c), 88 Stat. 1290, 5 U.S.C.S. § 1501, et seq.

U-1-3 APPLICATION

This chapter applies to all officers, employees, or agents of the City of Fort Pierre engaged in the award or administration of contracts supported by federal grant funds.

Source:

Authority: SDCL 60-2-7, SDCL 59-3-4

U-1-4 REQUIREMENTS

No officer, employee, or agent of the City of Fort Pierre shall participate in the selection, award, or administration of a contract supported by federal funds if the procedure for public bids under SDCL ch. 5-18 has not been followed and if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of the following has a financial or other interest in the firm selected for award:

A. An employee, officer, or agent of the City.

B. Any member of the immediate family of such employee, officer, or agent of the City.

C. The partner of any such employee, officer, or agent of the City.

D. An organization which employs or is about to employ any of the above.

Officers, employees, or agents of the City of Fort Pierre shall neither solicit nor accept gratuities, favors, or anything of more than nominal monetary value from contractors, potential contractors, or subcontractors.

Source:

Authority: SDCL 60-2-8, SDCL 59-3-4

U-1-5 GIFT OR PROMISE OF FAVOR

No contractor, potential contractor, subcontractor, or his agents shall offer, provide, or make any gift or promise of favor of more than nominal value to any officer, employee, or agent of the City of Fort Pierre who participates in the selection, award, or administration of a contract supported by federal funds.

Authority: SDCL 9-19-3, ch. 22-12A, Hatch Act, Sept. 6, 1966, P.L. 89-554, § 180 Stat. 403; Oct. 15, 1974, P.L. 93-443, tit. 9, § 401(c), 88 Stat. 1290, 5 U.S.C.S. § 1501, et seq.

U-1-6 REMEDY

To the extent permitted by federal, state, or local laws or regulations, a violation of these standards may cause penalties, sanctions, or other disciplinary actions to be taken against the officers, employees, or agents of the City of Fort Pierre, or the contractors, potential contractors, subcontractors, or their agents.

Source:

Authority: SDCL 9-19-3, ch. 22-12A, Hatch Act, Sept. 6, 1966, P.L. 89-554, § 180 Stat. 403; Oct. 15, 1974, P.L. 93-443, tit. 9, § 401(c), 88 Stat. 1290, 5 U.S.C.S. § 1501, et seq.