Title 16, Chapter 10, Section 6
( 16-10-6)
(a) As used in this Code section, the term "employing local
authority" means a local authority or board created by a local Act
of the General Assembly or a local constitutional amendment or
created by general law and requiring activation by an ordinance or
resolution of a local governing authority. (b) Any employee, appointive officer, or elective officer of a
political subdivision, hereafter referred to as "employing political
subdivision," or agency thereof or any employee or appointed officer
of an employing local authority who for himself or herself or in
behalf of any business entity sells any real or personal property
to: (1) The employing political subdivision or employing local
authority; (2) An agency of the employing political subdivision; (3) A political subdivision for which local taxes for education
are levied by the employing political subdivision; or (4) A political subdivision which levies local taxes for education
for the employing political subdivision shall, upon conviction thereof, be punished by imprisonment for not
less than one nor more than five years. (c) Subsection (b) of this Code section shall not apply to: (1) Sales of personal property of less than $200.00 per calendar
quarter; (2) Sales of personal property made pursuant to sealed competitive
bids made by the employee, appointive officer, or elective
officer, either for himself or herself or on behalf of any
business entity; or (3) Sales of real property in which a disclosure has been made: (A) To the judge of the probate court of the county in which the
purchasing political subdivision or local authority is wholly
included or, if not wholly included in any one county, to the
judge of the probate court of any county in which the purchasing
political subdivision or local authority is partially included
and which shall have been designated by the purchasing political
subdivision or local authority to receive such disclosures,
provided that if the sale is made by the judge of the probate
court, a copy of such disclosure shall also be filed with any
superior court judge of the superior court of the county; (B) At least 15 days prior to the date the contract or agreement
for such sale will become final and binding on the parties
thereto; (C) Which shows that an employee, appointive officer, or
elective officer of an employing political subdivision or agency
thereof or of an employing local authority has a personal
interest in such sale, which interest includes, without being
limited to, any commission, fee, profit, or similar benefit and
which gives the name of such person, his or her position in the
political subdivision or agency or local authority, the purchase
price, and location of the property. |