Oklahoma § 69-310 - Conflict of interest

§ 69-310. Conflict of interest

A. No official or employee of the Commission, governing body or

other governmental instrumentality who is authorized in his official

capacity to negotiate, make, accept, or approve, or to take part in

negotiating, making, accepting or approving any contract or

subcontract in connection with a project shall have, directly or

indirectly, any financial or other personal interest in any such

contract or subcontract. No engineer, attorney, appraiser,

inspector or other person performing services for the Commission,

governing body, or other governmental instrumentality in connection

with a project shall have, directly or indirectly, a financial or

other personal interest, other than his employment or retention by

the Commission, governing body, or other governmental

instrumentality, in any contract or subcontract in connection with

such project. No officer or employee of such person retained by the

Commission, governing body or other governmental instrumentality

shall have, directly or indirectly, any financial or other personal

interest in any real property acquired for a project unless such

interest is openly disclosed upon the public records of the

Commission, the governing body or other governmental

instrumentality, and such officer, employee or person has not

participated in such acquisition for and in behalf of the

Commission, the governing body or other governmental

instrumentality.

B. Any official or employee of the Commission, governing body

or other governmental instrumentality, or officer or employee of

such person retained by the Commission, the governing body or other

governmental instrumentality who knowingly violates any of the

provisions of this section shall be guilty of a Class D1 felony

offense and upon conviction thereof shall be punished by

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, or by a fine not exceeding

Ten Thousand Dollars ($10,000.00), or by both such imprisonment and

fine. In addition, if the Commission or the Director enters into

any contract on the part of the Department in which the Director or

any member of the Commission is interested, directly or indirectly,

and the state suffers a loss due to excessive charges or otherwise,

the members of the Commission knowingly voting to enter into or to

approve such contract, and the Director knowingly entering into,

approving, or recommending any such contract, and the contracting

party, shall be jointly and individually liable for any loss the

state may suffer. The official bonds of such officer shall be

liable for such loss. The provisions of this section shall be

cumulative to existing law. The members of the Commission and the

Director found guilty of violating any of the provisions of this

section shall in addition to the penalty heretofore set out forfeit

their respective offices.

C. Any employee of the Department, Director or Commission, who

in the course of such employment knowingly accepts, approves, or

recommends for approval or payment any material, service, job,

project, or structure, or any part thereof, which does not meet the

specifications therefor, or is to his knowledge otherwise more

deficient in quality, quantity or design than was provided for in

the plans, purchase orders or any minimum standard provided by any

state agency or official, or by law, shall be guilty of a felony

and, upon conviction, shall be punished and penalized as provided by

this section.

D. The ownership by any member of the Commission, or the

Director, of less than five percent (5%) of the stocks or shares

actually issued by a corporation contracting with the Department

shall not be considered an interest, directly or indirectly, in a

contract with such corporation within the meaning of this section,

and such ownership shall not affect the validity of any contract, or

impose liability under this section unless the owner of such stock

or shares is also an officer or agent of the corporation or

association. Ownership shall include any stock or shares standing

in the name of a member of the Commissioners' or Director's

immediate family or a family trust.

Added by Laws 1968, c. 415, § 310, operative July 1, 1968. Amended

by Laws 1997, c. 133, § 569, eff. July 1, 1999; Laws 1999, 1st

Ex.Sess., c. 5, § 412, eff. July 1, 1999; Laws 2025, c. 486, § 571,

eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 569 from July 1, 1998, to July 1, 1999.