A County Councilman who is on the board of directors of a company may participate in decisions regarding which projects should be put out for bid. The Vice-Chairman of Hampton County Council questions whether a company on whose board he serves may participate in bidding on county projects.
Council determines which projects are to be let out for bid.
The County Administrator then determines the criteria for the project as far as the work required, the pre-bid, bid opening, and the award of the contract. This opinion does not supersede any other statutory or regulatory restrictions or procedures which may apply to this situation. No public official, public member, or public employee may make, participate in making, or in any way attempt to use his office, membership, or employment to influence a governmental decision in which he, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated has an economic interest. This definition does not prohibit a public official, public member, or public employee from participating in, voting on, or influencing or attempting to influence an official decision if the only economic interest or reasonably foreseeable benefit that may accrue to the public official, public member, or public employee is incidental to the public official's, public member's , or public employee's position or which accrues to the public official, public member, or public employee as a member of a profession, occupation, or large class to no greater extent than the economic interest or potential benefit could reasonably be foreseen to accrue to all other members of the profession, occupation, or large class. The Councilman's participation in matters affecting a contract on which he may be a bidder would not be prohibited by this section since all contractors would be equally affected by such contract.