Code of Ethics

Purchasing Code of Ethics


Kendall County is committed to the highest ethical standards. Maintaining the integrity and credibility of county purchases requires a clear set of guidelines, rules and responsibilities to govern the behavior of employees in regards to their purchasing authority. Since misuse of procurement law within a government carries criminal penalties, it is the policy of Kendall County that the following ethical principles govern the conduct of every employee directly or indirectly involved in the County procurement process.

A. General Principles and Responsibility

 

  •  It is a serious breach of the public trust for any public employee to subvert the public purchasing process by attempting to direct purchases to certain favored vendors. It is also a serious breach of the public trust for any such employee to alter, tamper with or design the competitive bidding process in any manner or for any reason that would hamper or defeat the requirement that all bidders be placed upon the same plane of equality. Kendall County also requires ethical conduct from those who desire to become vendors or otherwise do business with the County. 
  •  Employees will avoid any activities that would compromise or give the perception of compromising the best interests of Kendall County. Employees will not use confidential proprietary information for actual or anticipated personal gain. 
  •  Employees shall not solicit or accept money, loans, gifts, favors, or anything of value, from present or potential contractors that might influence or appear to influence a purchasing decision. Generally, goods or services with a value of $50.00 or less in the aggregate from a vendor during a year do not violate this prohibition unless they influence or appear to influence a specific purchasing decision. If anyone is in doubt about whether a specific transaction complies with this policy, the person should disclose the transaction to the Purchasing Agent for a determination of compliance. 
  •  It shall be a breach of ethics for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for Kendall County, or to any person associated therewith, as an inducement for the award of a contract, subcontractor or order.

B. Conflict of Interest 


Employees shall avoid activities that would create a conflict between their personal interests and the interest of Kendall County. Conflicts exist in any relationship where an employee is not acting in the County’s best interest and may be acting in their own best interests or the interests of someone associated with them. 

Such conflicts of interest would include being involved in any procurement activity in which:

  •   The employee or any member of the employee’s family has a financial interest in the results of the County procurement process; 
  • A business or organization in which the employee, or any member of the employee’s family, has a financial interest in the result of the County procurement process; or
  • Any other person, business, or organization with whom the employee or a member of the employees’ family is negotiating for or has an arrangement concerning prospective employment. 

If any such conflicts of interest exist, the employee will immediately notify the Purchasing Agent and remove himself or herself from that County procurement process.

C. Conflict of Interest Disclosure


Chapter 176 of the Local Government code requires the filing of conflict-of-interest questionnaires by certain individuals and businesses. The questionnaires require disclosures describing certain business and gift giving relationships that the filers may have with Commissioners Court members or other elected/appointed officials. The Law applies to: • Businesses and individuals who contract with the County • Businesses and individuals who seek to contract with the County, (regardless of whether a bidder is awarded the contract), and • Agents who represent such businesses in their dealings with the County Compliance is the responsibility of the individual, business and agent who is subject to the law’s filing requirements. All Conflict of Interest Questionnaires must be filed with the Kendall County Clerk.

D. Certificate of Interested Parties


§2252.908 of the Texas Government Code requires a business entity entering into certain contracts with a governmental entity to file with the governmental entity a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity. §2252.908 requires the disclosure form (Form 1295) to be signed by the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury. §2252.908 applies only to a contract that requires an action or vote by the governing body of the governmental entity before the contract may be signed or has a value of at least $1 million.