74-502. REMOTE INTERESTS. (1) A public officer shall not be deemed to be interested in a contract, within the meaning of section 74-501, Idaho Code, if he has only a remote interest in the contract and if the fact and extent of such interest is disclosed to the body of which he is an officer and noted in the official minutes or similar records prior to the formation of the contract, and thereafter the governing body authorizes, approves, or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer having the remote interest. As used in this section, "remote interest" means:
(a) That of a nonsalaried officer of a nonprofit corporation; or
(b) That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; or
(c) That of a landlord or tenant of a contracting party; or
(d) That of a holder of less than one percent (1%) of the shares of a corporation or cooperative which is a contracting party.
(2) Although a public official’s interest in a contract may be only remote, a public official shall not influence or attempt to influence any other officer of the board of which he is an officer to enter into the contract. Violation of the provisions of this subsection shall be a misdemeanor as provided in section 74-509, Idaho Code. Any contract created or entered into in violation of the provisions of this subsection shall be void.
History:
[74-502, added 2015, ch. 140, sec. 5, p. 377.]
Structure Idaho Code
Title 74 - TRANSPARENT AND ETHICAL GOVERNMENT
Chapter 5 - PROHIBITIONS AGAINST CONTRACTS WITH OFFICERS
Section 74-501 - OFFICERS NOT TO BE INTERESTED IN CONTRACTS.
Section 74-502 - REMOTE INTERESTS.
Section 74-503 - OFFICERS NOT TO BE INTERESTED IN SALES.
Section 74-504 - PROHIBITED CONTRACTS VOIDABLE.
Section 74-505 - DEALING IN WARRANTS PROHIBITED.
Section 74-506 - AFFIDAVIT OF NONVIOLATION A PREREQUISITE TO ALLOWANCE OF ACCOUNTS.
Section 74-507 - PROVISIONS OF CHAPTER VIOLATED — DISBURSING OFFICER NOT TO PAY WARRANTS.
Section 74-508 - SUSPENSION OF SETTLEMENT OR PAYMENT — PROSECUTION OF OFFENDERS.
Section 74-510 - NONCOMPENSATED PUBLIC OFFICIAL — EXCEPTION.