Module 2: The Concessions Deal
- Details
- Parent Category: ROOT
Negotiations are proceeding over the first round of submitted bid packages for retail concessions at the new amphitheater. One of the bidders is the brother of Susan, but the team does not know this. The team is discussing the bid packages submitted.
Module 2: Q&A
Question 1: Should Susan be sitting on the team evaluating the concessions bids?
A. Yes, as long as she doesn’t make any decisions about the bids.
B. No, and she should leave the room.
C. No, but she can stay in the room for the discussion of the bids.
Answer: B. Susan cannot be on the evaluation team for the bids for the new retail project because this violates Section 2-820 of the Ethics Code on Incompatible Interests. It is a conflict because her brother is seeking a concessions contract. She should not be involved in any discussion or evaluation of the bids. Susan has a personal interest in the matter because of the relationship with her brother.
Question 2: Can Susan give information to her brother for his bid package?
A. No, because doing so violates city policy.
B. Yes because this is public information.
C. No, because this is her brother.
Answer: A. No, Susan cannot give information to her brother to assist him with the bid package because this violates city policy. Section 2-819 of the Code of Ethics prohibits disclosure of confidential information regarding city operations. The bid process is public information; however, Susan is providing information to her brother that is not available to the other bidders.
Question 3: If Susan isn’t involved in the bid process, can she own an interest in her brother’s company?
A. Yes, because she isn’t involved in the bid process.
B. Yes, but she has to be transferred out of the Concessions Division.
C. No, because this is a conflict of interest.
Answer: C. Susan cannot hold an ownership interest in her brother’s company even if she is removed from the bid process. Section 2-820 prohibits city employees from holding investments that are incompatible with their city positions. Susan works in the Concessions Division and her primary responsibilities involve evaluating and managing concessions contracts. She must also disclose this interest to the City when she files her annual financial disclosure statement (if required).
Question 4: Can Susan have lunch with her brother even if his business is actively bidding on a contract with the Concessions Division?
A. Yes, as long as they do not discuss the bidding process.
B. Yes, because her brother is an immediate family member.
C. No, because it would be a conflict of interest.
Answer: A. Susan can have lunch with her brother provided that they do not discuss any matter related to the bid package and Susan pays for her entire meal. Any discussion between Susan and her brother related to the bidding process would constitute a violation of Section 2-819 of the Code of Ethics which prohibits the disclosure of confidential information regarding city operations. Although the bidding process is public information, given her position evaluating and managing concessions contracts, Susan would be providing information to her brother that is not available to the other bidders.