§ 2.8. Contracts with council members.

G.S. 14-234 shall not apply to any member of the town council if all of the following conditions are met:

(1)

The undertaking or contract is for the purchase of apparatus, supplies, materials, or equipment which requires an expenditure during any single fiscal year of an amount that is less than the amounts stated in G.S. 143-129.

(2)

The town seeks informal bids from at least two other suppliers, in addition to the supplier in which the member of the council has a financial interest.

(3)

The other suppliers are either unwilling or unable to sell to the town the needed apparatus, supplies, materials, or equipment, or the supplier in which the member of the council has a financial interest is the lowest responsible bidder.

(4)

The undertaking or contract between the town and the member of the council is approved by specific resolution of the council adopted in an open meeting and is recorded in its minutes.

(5)

The member of the council does not vote on any matters related to the undertaking or contract and does not participate in the consideration of or action upon the authorizing resolution.

(Session Laws, 1997, Ch. 96, § 1)