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75 Law Enforcement and Public Office 525.10 <br />(1) The subject of the public contract is necessary supplies or services for <br />the Municipality or governmental agency or instrumentality involved; <br />(2) The supplies or services are unobtainable elsewhere for the same or <br />lower cost, or are being furnished to the Municipality or governmental <br />agency or instrumentality as part of a continuing course of dealing <br />established prior to the public official's becoming associated with the <br />Municipality or governmental agency or instrumentality involved; <br />(3) The treatment accorded the Municipality or governmental agency or <br />instrumentality is either preferential to or the same as that accorded <br />other customers. or clients in similar transactions; <br />(4) The entire transaction is conducted at arm's length, with full knowledge <br />by the Municipality or governmental agency or instrumentality involved, <br />of the interest of the public official, and the public official takes no <br />part in the deliberations or decisions of the Municipality or governmental <br />agency or instrumentality with respect to the public contract. <br />(d) Subsection (a)(4) hereof does not prohibit participation by a public employee <br />in anY housing program funded by public moneys if the public employee otherwise <br />qualifies. for the program and does not use the authority or influence of his office <br />or employment to secure benefits from the program and if the moneys are to be used <br />on the primary residence of the public employee. Such participation does not constitute <br />an unlawful interest in a public contract in violation of this section. <br />(e) Whoever violates this section is guilty of having an unlawful interest in a <br />public contract. Violation of this section is a misdemeanor of the first degree. <br />(f) It is not a violation of this section for a prosecuting attorney to appoint <br />assistants and employees in accordance with Ohio R.C. 309.06 and 2921.421, or for <br />a chief legal officer of a municipal corporation or an official designated as prosecutor <br />in a municipal corporation to appoint assistants and employees in accordance with <br />Ohio R.C. 733.621 and 2921.421. <br />(g) As used in this section: <br />(1) "Public contract" means any of the following: <br />A. The purchase or acquisition, or a contract for the purchase <br />or acquisition of property or services by or for the use of the State, <br />. any of its political subdivisions, or any agency or instrumentality <br />of either, including the employment of an individual by the State, <br />arny of its political subdivisions, or any agency or instrumentality of <br />either. B. A contract for the design, construction, alteration, repair or <br />maintenance of any public property. <br />(2) "Chief legal officer" has the same meaning as in Ohio R.C. <br />733.621. (ORC 2921.42) <br />1994 Replacement-