A public official, public member, or public employee may not have an economic interest in a contract with the State or its political subdivisions if the public official, public member, or public employee is authorized to perform an official function relating to the contract. Official function means writing or preparing the contract specifications, acceptance of bids, award of the contract, or other action on the preparation or award of the contract. This section is not intended to infringe on or prohibit public employment contracts with this State or a political subdivision of this State nor does it prohibit the award of contracts awarded through a process of public notice and competitive bids if the public official, public member, or public employee has not performed an official function regarding the contract.

ETHICS COMMISSION OPINIONS

1. In General

County councilman who is on board of directors of company may participate in council decisions regarding which projects should be put out for bid, such participation not being prohibited by this section since all contractors would be equally affect by such contract. However, councilman's firm is prohibited from contract with county if councilman is authorized to perform any official function on contract through writing or preparing specifications, accepting bids, awarding contract, or other action on preparation or award of such contract regardless of whether he follows provisions of Section 8-13-700. However, where from facts submitted it appears that county council is not authorized to perform official function, as defined in Section 8-13-775, with regard to contracts, such official functions being performed by County Administrator, councilman's company would not be prohibited from bidding on contracts. Op S.C. St. Ethics Comm., SEC AO92-142, March 25, 1992.

Provided he complies with recusal provisions of Section 8-13-700(B) on those matters affecting his employer's economic interests, bank employee may continue to serve as School Board Chairman even though county does business with Chairman's employer. Pursuant to Section 8-13-775, Chairman may not have economic interest in contract between County and bank with which he is employed if he is authorized to perform official function relating to contract. Op. S.C. St. Ethics Comm., SEC AO94-002, July 21, 1993.

Despite public member's association with firm that submitted lowest bid on commission project, Ethics Reform Act does not prohibit this firm from being awarded contract, provided it is awarded in accordance with Consolidated Procurement Code and commission member complies with recusal provisions of Section 8-13-700(B). Op. S.C. St. Ethics Comm., SEC AO94-008, September 15, 1993.