18-1361A — NONCOMPENSATED APPOINTED PUBLIC SERVANT -- RELATIVES OF PUBLIC SERVANT -- EXCEPTION
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TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 13
BRIBERY AND CORRUPTION
18-1361A. NONCOMPENSATED APPOINTED PUBLIC SERVANT -- RELATIVES OF PUBLIC
SERVANT -- EXCEPTION. When a person is a public servant by reason of his
appointment to a governmental entity board for which the person receives no
salary or fees for his service on said board, it shall not constitute a
violation of the provisions of subsection (1)(d) or (e) of section 18-1359,
Idaho Code, for a public servant or for his relative to contract with the
public body of which the public servant is a member if the procedures listed
below are strictly observed. For purposes of this section, "relative" shall
mean any person related to the public servant by blood or marriage within the
second degree.
(1) The contract is competitively bid and the public servant or his
relative submits the low bid; and
(2) Neither the public servant nor his relative takes any part in the
preparation of the contract or bid specifications, and the public servant
takes no part in voting on or approving the contract or bid specifications;
and
(3) The public servant makes full disclosure, in writing, to all members
of the governing body, council or board of said public body of his interest or
that of his relative and of his or his relative's intention to bid on the
contract; and
(4) Neither the public servant nor his relative has violated any
provision of Idaho law pertaining to competitive bidding or improper
solicitation of business.