Financial Interest of Department Personnel in Contracts; Acceptance of Benefits From Contractors; Penalty; Removal From Office

  1. Law
  2. Georgia Code
  3. State Government
  4. Department of Administrative Services
  5. State Purchasing
  6. General Authority, Duties, and Procedure
  7. Financial Interest of Department Personnel in Contracts; Acceptance of Benefits From Contractors; Penalty; Removal From Office

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  1. Neither the commissioner of administrative services, nor any assistant of his, nor any employee of the department shall be financially interested or have any personal beneficial interest either directly or indirectly in the purchase of or contract for any materials, equipment, or supplies, nor in any such firm, corporation, partnership, or association furnishing any such supplies, materials, or equipment to the state government or any of its departments, institutions, or agencies. Except as provided in subsection (b) of this Code section, it shall be unlawful for the commissioner of administrative services or any of his assistants or any employee of the department to accept or receive, directly or indirectly, from any person, firm, or corporation to whom any contract may be awarded any money or anything of more than nominal value or any promise, obligation, or contract for future reward or compensation.
  2. Nothing in this Code section shall preclude the commissioner or any of his assistants or any employee of the department from attending seminars, courses, lectures, briefings, or similar functions at any manufacturer's or vendor's facility or at any other place if any such seminar, course, lecture, briefing, or similar function is for the purpose of furnishing the commissioner, assistant, or employee with knowledge and information relative to the manufacturer's or vendor's products or services and is one which the commissioner determines would be of benefit to the department and to the state. In connection with any such seminar, course, lecture, briefing, or similar function, nothing in this Code section shall preclude the commissioner, assistant, or employee from receiving meals from a manufacturer or vendor. Nothing in this Code section shall preclude the commissioner, assistant, or employee from receiving educational materials and business related items of not more than nominal value from a manufacturer or vendor.
  3. Nothing contained in this Code section shall permit the commissioner, assistant, or employee to accept free travel from the manufacturer or vendor outside the State of Georgia or free lodging in or out of the State of Georgia.
  4. Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor. Any person who violates subsection (a) of this Code section shall be subject to being removed from office.

(Ga. L. 1937, p. 503, § 15; Ga. L. 1983, p. 546, § 1; Ga. L. 1984, p. 22, § 50.)

Cross references.

- Conflicts of interest involving public officers and employees generally, § 45-10-20 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 253, 262, 265, 346, 375. 64 Am. Jur. 2d, Public Works and Contracts, § 19.

C.J.S.

- 81A C.J.S., States, § 328 et seq.


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