Request By:
Mr. Jerry B. Atkins
Circle A Fencing
300 South 11th Street
Murray, Kentucky 42071
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of recent date in which you refer to the fact that you are presently employed by the city of Murray as a member of the Murray Fire Department. At the same time you are a fencing contractor who owns and operates a firm called Circle A Fencing. The city of Murray's Natural Gas System has asked for bids for fencing material to be used at a gas system facility. You submitted a bid and being the low bidder were presumably about to be awarded the contract when it was withdrawn because of a possible conflict of interest under the Kentucky Model Procurement Code pursuant to which the city must operate [KRS 45A.350].
The question is thus raised as to whether a conflict of interest does exist which would prevent you from being awarded such a contract.
Our response to your question would be in the affirmative in view of the provisions of KRS 45A.455, which reads as follows:
"(1) It shall be a breach of ethical standards for any employe to participate directly or indirectly in any proceeding or application . . . pertaining to any contract, or subcontract . . . in which to his knowledge: (Emphasis added.)
"(a) He, or any member of his immediate family has a financial interest therein; or
"(b) A business or organization in which he or any member of his immediate family has a financial interest as an officer, director, trustee, partner, or employe, is a party; . . ."
We believe that the above quoted excerpt of the statute clearly prohibits you as an employe of the city from contracting with the city regardless of the fact that it may be on a bid basis.