ETHICS
Purpose: To avoid both direct conflicts as well as the appearance of impropriety in purchasing and procurement of goods and services in San Juan County. Questions regarding this section should be directed to the San Juan County Attorney’s Office.
1. San Juan County elected officials, employees, and agents shall procure goods, equipment, and services and shall make purchases with County funds in accordance with all applicable federal, state and local laws, rules and regulations, (U.C.A. 6716 Utah Public Officers’ and Employees’ Ethics Act).
2. San Juan County elected officials, employees, and agents shall recuse themselves and shall not participate in selecting, awarding, or administering procurement, purchasing, or procurement and purchasing if, he or she knew or should have known, any of the following has a financial, or other interest, in a prospective company, contractor, vendor, entity, or person considered to be paid by San Juan County in exchange for goods, equipment, or services:
a. The elected official, employee or agent;
b. Any member of his/her immediate family (“immediate family” is defined wife, husband, child, mother, father, brother, sister, mother-in-law, father-in-law, grandmother, grandfather, grandchild, brother-in-law, sister-in-law, daughter-in-law, son-in-law, stepchild, stepmother and stepfather”;
c. His or her partner or significant other; or
d. An organization which employs any of the above, which any of them have any arrangement concerning prospective employment, or any of them have an independent contractor relationship or similar arrangement.
3. No personal benefit should be incurred by any individual as a result of purchases made using public funds regardless of their source; i.e. Federal, State or Local funds.
4. San Juan County elected officials, employees, or agents should neither solicit, nor accept gratuities, favors, or anything of monetary value from vendors or potential vendors or from any County purchasing action. Strict compliance with the San Juan County Personnel Policy regarding professional conduct should be observed.
5. San Juan County elected officials, employees, and agents should demonstrate appropriate duty of care when engaging in fiduciary activities, including obtaining and assessing appropriate materials/documentation in a judicious manner to insure the promotion of the best interest of San Juan County.
6. No purchase shall be intentionally or knowingly be split or divided into two or more smaller purchases with the intent of avoiding the competitive bidding process or other requirements contained in this policy. This includes: making two or more separate purchases, dividing an invoice or purchase order into two or more invoices or purchase orders, or making smaller purchases over a period of time. A person who divides purchases may be subject to the criminal penalties described in Section U.C.A 63G6a2404.3.
7. All San Juan County elected officials, employees, and agents shall comply with the provisions set for in Utah Code Annotated Title 67, Chapter 16 – Utah Public Officers’ and Employees’ Ethics Act.
8. Cost-plus-a-percentage-of-cost contracts are prohibited (see U.C.A 63G-6a-1205). Subject to the limitations of this section, any type of contract which will promote the best interest of the County may be used, provided that the use of a cost-plus-a-percentage-of-cost is prohibited. A cost-reimbursement contract may be used only when a determination is made in writing that such contract is likely to be less costly to the County than any other type of contract or that it is impracticable to obtain the supplies, services, or construction required except under such a contract.
