When is a Conflicts Disclosure Statement required?

The bill requires local government officers and employees, if the local government extends the requirement to employees, to file a conflict disclosure statement regarding a person who is seeking to contract with the governmental entity:
  • If the officer or a member of the officer's immediate family has a business or employment relationship with the person that results in the officer or officers family member receiving taxable income, or
  • Has received gifts from the person that have an aggregate value of more that $250 within a 12 month period preceding the date the officer becomes aware that a contract has been executed with the local governmental entity or the entity is considering doing business with the person
Gifts do not include food, lodging, transportation, or entertainment accepted as a guest.

File Deadline
The local government officer must file the conflicts disclosure statement with the records administrator (county clerk) not later than 5 p.m. on the 7th business day after the date on which the officer becomes aware of the facts that require the filing.

Ethics Commission Involvement
HB 914 requires the Ethics Commission to adopt the conflicts disclosure statement, not later than December 1, 2005. The forms will be available on the Ethics Commission website after they are adopted.

Filing Conflict
A local government officer is not required to file a conflicts disclosure statement before January 1, 2006.

Please note: Failure to file a Conflict Disclosure Statement is a class C misdemeanor.