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§62-371.
§62-371.
A. Except as otherwise provided in this section, no board of county
commissioners, nor city council, nor board of trustees of any town,
nor any district board of any school district in this state, nor any
board of any local subdivision of this state shall make any contract
with any of its members, or in which any of its members shall be
directly or indirectly interested. All contracts made in violation of
this section shall be wholly void.
However, for the purposes of this section, the following shall not be
considered the making of a contract:
1. The depositing of any funds in a bank or other depository;
2. Any contract with a qualified nonprofit Internal Revenue Code
Section 50l(c)(3) organization, except for contracts paying salaries
or expenses or except a contract entered into by a school district
involving the counseling or instruction of students or staff;
3. Monthly billings submitted to any county or local subdivision of
the state for public utility companies, electric cooperatives or
telephone companies, whose services are regulated by the Oklahoma
Corporation Commission, or billings of the utility companies, electric
cooperatives or telephone companies pertaining to installations or
changes in service, where tariffs for the charges or billings by the
companies are on file with the Oklahoma Corporation Commission.
In addition, the governing board of an area vocational-technical
school district may enter into a contract for the area
vocational-technical school district to provide training for a
company, individual, or business concern by which a member of the
board is employed. A board member shall abstain from voting on any
such contract between the area vocational-technical school district
board and the company, individual, or business concern by which the
member is employed.
B. The provisions of this section shall not apply to:
1. Those municipal officers who are subject to Section 8-113 of Title
11 of the Oklahoma Statutes; or
2. A member of any board of education of a school district or a
director or member of any rural water, sewer, gas and solid waste
management district organized pursuant to Section 1324.1 et seq. of
Title 82 of the Oklahoma Statutes in this state which does not include
any part of a municipality with a population greater than two thousand
five hundred (2,500) according to the latest Federal Decennial Census
when the board member is the only person who owns or operates a
business which is the only business of that type within ten (10) miles
of the corporate limits of the municipality.
However, any activities permitted by this subsection shall not exceed
Five Hundred Dollars ($500.00) for any single activity and shall not
exceed Two Thousand Five Hundred Dollars ($2,500.00) for all
activities in any calendar year.
C. The provisions of this section shall not apply to conservation
district board members participating in programs authorized by Section
3-2-106 of Title 27A of the Oklahoma Statutes.
D. Notwithstanding the provisions of this section, any officer,
director or employee of a financial institution may serve on a board
of a public body. Provided, the member shall abstain from voting on
any matter relating to a transaction between or involving the
financial institution in which the member is associated and the public
body in which the member serves.
E. The provisions of this section shall not apply to any board of
county commissioners purchasing motor fuel for exclusive use by the
county from a cooperative agricultural association in which a member
of the board of county commissioners has a financial or proprietary
interest. The county commissioner having a financial or proprietary
interest in the cooperative agricultural association shall abstain
from voting on any such purchase or contract between the county and
the cooperative agricultural association. Except as provided in this
subsection, the purchasing procedures required by law for counties and
county officers shall not otherwise be modified.
F. A member of a board of county commissioners, city council, board of
trustees of any town, district board of any school district in this
state, or of any board of any local subdivision of this state shall
not be considered to be directly or indirectly interested in any
contract with a person or entity that employs such member or the
spouse of the member, if the member or the spouse of the member has an
interest in the employing entity of five percent (5%) or less.
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