Title 16 City, County, State and Local Powers

16-6-118. Unlawful interest of officeholders in public contracts or works; exception.

(a) It is unlawful for any person, now or hereafter holding any office, either by election or appointment, under the constitution or laws of this state, to become in any manner interested, either directly or indirectly, in his own name or in the name of any other person or corporation, in any contract, or the performance of any work in the making or letting of which the officer may be called upon to act or vote. It is unlawful for any officer to represent, either as agent or otherwise, any person, company or corporation, in respect of any application or bid for any contract or work in regard to which the officer may be called upon to vote or to take or receive, or offer to take or receive, either directly or indirectly, any money or other thing of value, as a gift or bribe, or means of influencing his vote or action in his official character. Any contracts made and procured in violation of this subsection are null and void and the person violating this subsection may be removed from office. (b) Notwithstanding subsection (a) of this section, an act shall not be unlawful under this section if any person who is interested in any public contract or who represents any person, company or corporation interested in any public contract discloses the nature and extent thereof to all the contracting parties concerned therewith, absents himself during the considerations and vote thereon, does not attempt to influence any of the contracting parties and does not act directly or indirectly for the public entity in the inspection, operation, administration or performance of any contract. This section does not apply to the operation, administration, inspection or performance of banking and deposit contracts and relationships after the selection of a depository.