13-23-128 - Conflicts of interest. - Tennessee Statutes

13-23-128. Conflicts of interest.

(a)  (1)  No member or employee of the agency, during such member's or employee's tenure or for six (6) months thereafter, shall be employed by, hold any paid official relation to, or have any financial interest in, any housing sponsor or any housing development financed or assisted by the agency; notwithstanding the provisions of this subdivision (a)(1), this requirement shall not apply to a member who:

          (A)  Is a full-time employee of a local government, a public housing authority, or an entity organized as a non-profit corporation under the laws of the state and recognized by the internal revenue service as a 501(c)(3) entity; and

          (B)  Has no personal financial interest in a housing development financed or assisted by the agency other than their interest as such an employee.

     (2)  No real property to which such member or employee holds legal title or in which such person has any financial interest shall be sold, during such member's or employee's tenure or for six (6) months thereafter, to a housing sponsor for a housing development to be financed by the agency.

     (3)  All other provisions of this section shall continue to apply to the members specified in subdivision (a)(1), as applicable.

(b)  If any member or employee of the agency has a direct or indirect interest in any other business or contract with the agency other than those prohibited in subsection (a), or has an ownership interest in any firm, corporation, or other entity having an interest in any business or contracts with the agency other than those prohibited in subsection (a), such interest must be disclosed in writing and set forth in the official minutes of the agency, and such member or employee must refrain from participation in any discussion or activity by the agency in connection with such business or contract.

(c)  If any member or employee fails to comply with the foregoing provisions, such member or employee may, after proper notification and opportunity to be heard, be disqualified from membership with or employment by the agency by a majority vote of the board of directors and may not be reappointed to or reemployed by the agency.

(d)  In no event shall any failure to comply with this section affect the validity of the authorization, issuance, or sale of bonds or notes by the agency under this part.

(e)  The provisions of subsection (a) do not apply to any interest, relation, or sale disclosed by a member or employee prior to January 1, 1979, and made a part of the minutes of the agency in accordance with the then applicable law.

(f)  (1)  No state officer or employee shall, during such state officer's or employee's term of service or employment, or within a period of six (6) months after ceasing to be a state officer or employee, have any financial interest, directly or indirectly, in any firm, corporation, association or other organization engaged in any way in any housing program under the terms of this part.

     (2)  Notwithstanding any other provision of this chapter to the contrary, any state officer or employee, except officers and employees of the Tennessee housing development agency, whose financial interest, either directly or indirectly, is with or through a lender as defined in § 13-23-103, is not in violation of this section, except as otherwise specifically prohibited by law. The exception granted by this subsection also applies to a constitutional officer of this state when one is acting as an individual and not in an official capacity, even though such an officer may be a director of the Tennessee housing development agency.

[Acts 1973, ch. 241, § 18; 1979, ch. 442, § 5; T.C.A., § 13-2328; Acts 1982, ch. 724, § 1; 2004, ch. 444, §§ 1-3.]