TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 92

STATE PROCUREMENT ACT

67-9233.  ethics in procurement. (1) It is the intent of the legislature that all persons involved in the process of procuring property for the state conduct themselves in a manner that protects the public interest and fosters confidence in the integrity of the process. To that end, this section shall apply to all such persons, including:

(a)  State officers, even if the officer or officer’s employer is excluded from the definition of "agency" under section 67-9203, Idaho Code;

(b)  State employees, even if the employee works for an officer, institution or entity that is excluded from the definition of "agency" under section 67-9203, Idaho Code; and

(c)  Vendors or any person acting on behalf of a vendor.

(2)  In any matter relating to state procurement, it is an unethical breach of the public trust to:

(a)  Knowingly attempt to realize personal gain through state office or employment by any conduct inconsistent with this chapter or any other applicable law or rule;

(b)  Attempt to influence a state officer or employee to violate the policy or provisions of this chapter or any other applicable law or rule; or

(c)  Knowingly violate an applicable law or rule.

(3)  Subject to due process requirements, and in addition to any other administrative, civil or criminal sanctions provided by law or rule, a state employee’s supervisor may impose the following sanctions on the employee for an unethical breach of the public trust:

(a)  A reprimand or warning, either oral or written;

(b)  Suspension with or without pay for a specified period of time; or

(c)  Termination of employment.

(4)  In addition to any other administrative, civil or criminal sanction provided by law or rule, a vendor who commits an unethical breach of the public trust, or whose advocate or representative commits an unethical breach of the public trust, may be disqualified pursuant to section 67-9217, Idaho Code.

History:

[67-9233, added 2016, ch. 289, sec. 4, p. 805.]