Contract Avoidance Provisions -- Still in Stratford
Robert Wechsler
The situation discussed in the previous blog entry also
provides a good example of why it is important to have a contract
avoidance provision in a local government ethics code. Here is the one in the City
Ethics Model Code:
Any contract, agreement, or other
business transaction entered into by or with the city which results in
or from a violation of any provision of sections 100 or 101 of this
code is void, without further action taken, unless ratified by the
city's legislative body in an open session held after applicable public
notice. Such ratification does not affect the imposition of any
penalties pursuant to this code or any other provision of law.
If Stratford had such a clause, the bidder would have asked its
employee not to accept a position on the bid-review committee, knowing
that any contract based on the bid might be declared void.