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HomeMy WebLinkAboutDocumentation_Miscellaneous_Tab 23/PBC Ethics_03/15/2016 . ATfACHMEM' 1 � ORDII�IANCE 2011- Z AN ORDINANCE OF THE BOARD OF COUNTY 3 COMMISSIOI�iLRS OF PALM BEACH COUNTY, 4 FLORIDA, REPEALING THE PALM BEACH COUN1^Y 5 CODE OF ETHICS, ORDII�fAPiCE 2009-051, AS AMEPIDED, s AND ADOPTING A NEW COUN1'YWIDE PALM BEACB 7 COUNTY CODE OF ETHICS; YROVIDZNG FOR TITLE � AND STATEMENT OF PURY03E; PROViDING FOR 9 DE1s7N1TION8; PROHIBITING CERTAIN CONFLICTS OF �� ��ST AND CREATTNG VOTIIVG CONFLICT t� sTA1�IDARDS; PROVIDING FOR A GIFT LAW; � PROVIDi1�TG ANTI-1VEppTISM LAW; PROVIDING FOR � 3 ETHIC3 TRAIIVING; PROYIA�iG FOR NON- t4 lNTERFERENCE4 PROVIDING IYOR ADMINISTRATIOPT, t5 F1�TFORCEMENT, Ai�ID PE1�iALTIES; pROWIDING FOR �s SAVINGS CLAUSE; PROVIDING FOR REPEAL OF LAWS 17 lN CONFLIGT; PROVIDII�IG FOR SEVERA$ILITy; 18 PROVIDING FOR iNCLUSION 1N THE CODE OF LAWS 19 AND ORDINAiYCES; PROVIDING FOR AN EFFECTIVE � DATE. 2t � WHEREAS, based on a referendum on Nove�anber Z, 201Q, concerning proposed 23 amendmeats to the Palm Beach Couaty Ch�rt�, a raajority of voters in ttie Coanty and in every . 24 munieipatity in Palm Beach Counky elected to require the Board of County Coaunissioners to 25 adopt a conntywide Code of Ethics; and 2 WHERE+A.S, We Boar� of County Comrnissioners of Palm Beach Connty has deter�nined 27 that a countywids code of ethica wil� foster proper �anduct and opeaation of govemment, aad 26 prevent public of�ice and ernployment from being used for pavate gain other t6an the 29 remunastiou provided by law; and 3D �V�R�A,S, t{�e goerd of County Commissioners of Paim Beach County has determined 31 that enachnent of a Code of Ethics will help ensure that public officials aasl empioyees abide by 32 ti�e highest ethical standazd,y, and 33 W$EREA3 tlte adheraice to the highest standar@s of ethice pmt�cts the integrity of �t County gove.�ameat and fosters public confidence in the actioas of p�blic officiais and 35 eraployees; aad 3s V�'HER�AS, the Board of County Commissioners 1►ereby deteimines that the Chdinance 37 set forth f�erein advances th�e pu�poses aad intent of the Patm Beach Couuty Ck►�rctca aai�dments 38 approved by the electotate on November 2, 2010; and . 3g WHERE�IS, the Board of County Commissioners of Palm Beach County, pwsuant to its 40 suthority nnc(er Florida Constitution, Ackicle VIII, S+eetion i(g�, Section 125 Oi, Florida Ststutes, i f and the Pa1m Beach Couaty Chart�, hereby adopis the Palm Beach County Code of Ethics 2 Ordinance;and 3 �'1'SEREAS, the Board af County Commissioners has conduc�od a duly noticed pablic 4 hearing to coireider tbese a�emdments as reqmred by iaw. 5 NOW, THEItEFp1tE, (�e ;t ordained by the Bosrd of Couaty Commissionets of Paim 6 Beach County, Florida, that: 7 SECTION i THE PAL.M BEACH COUNTY CODE OF ETHIC3 B The Pahn Beach CouQty Code of EtWcs, Ordinemce 2009-051, is hereby repealed and the 9 new countywide Palm Beach County Code of Etlacs Ordinsr�ce is hereby adopted as set forth in 10 Exhibit 1 which is attached hereto and made a psrt hereof. 1v SECTION 2. SAVINGS CLAU3E t2 All complaints, inv�tigations, advisory opinions, recommended orders. final orders, 13 reqnests for advisory opuuoas, hearing ptocesses, and all other functions of the Palm Beach ta County Commissioa on Ethics, iAi6ated or completed pursuant to Ordinance 2004-050, as 15 emended, or Ordinance 2009 051, as amended, shaU remain in full force and efferd. 1s SECfION 3. REPEAL OF LAR►S IN CONk7,IGT 17 All local laws and otdinances in conflict wiih any pmvisioma of this Ordinance are hereby . 1 B repealed to the extent of such conflict. 19 SECTION 4. SEVERASII,ITy, 2o If any sacrion, paragreph, sentence, clause, pluase, or word of this Ordinance is for any 21 reason held by the Couct to be unconstitutional, inoperativ�, or void, such hotdin� sheii �t affecc 22 the remainder of fhis Ordiaance. 23 �ECTION S Il�TCLUSION I1�1 THE CODE OF LAW3 AND ORDINANCES x4 The provisions of this Ord�nancs shal! become and Be made a part of the Code of Laws 25 and Ordu�ances of Palm Beach Counry, Florida The sections of this Ordinance may be zs renum6ered or ra-lettered ro accoa�pl'ssh such, and the word `brdinance" may be changed to 27 "saction," "articlq" or other appmpriate word 28 �,CTION 6. EFF�CPIVE DATE 2,4 The provisions of this Ord�r►ce shatl become effective June l, 20t 1. 2 � APPKOVID AND ADOPTED by the Board of CouMy Coannission�rs of Peim Beach 2 Connty, Florida, on t]�ia the _ day of ', 2011. 3 SHARON R BOCIf pAi,M gEACH COUNTY, FLORIDA, BY 1TS 4 CLERg 8c COMPTROLLP.R BOARD OF COUNTY COMMLSSIONBRS ' 5 6 7 By. B 8 DePu Cj� Karan T. Marcus, Chair 9 1Q 11 12 (SF.AL} ' 13 14 1S 16 APPROVED AS TO FORM .AND t7 LEGAL Si]FFICIENCY �8 19 zo By: zt counry Atromey 22 23 24 Fi1od with the Department of State on the _ day of , 2Q . 3 c:wo¢umenn.oa semnssu�t.eplevoeW Seuu�s�Te�q«a�r a�net FNealCont«�f.outloaMCisM"!o� at enrn ae� �tt.dcat EX�iiBIT 1 7t Sec. ?,-441. Title; statement of purpose. z 7tis artick shall 1� i�nown as she Patm Beach Connty Code of Lthics. This code of ethics is 3 enacted p�usuent to Florida Constitu�on, Article VIII, secti� 1(�, Flotida S�, cb.125, and a ti�e Che�r of Patm Beach Co�mty. The Municipalities located wiWia Palm Heech Camty are 5 subjoct to We prnvisio�s of this Code of Bthics p�usnantto refere�lum. The pur�se of this code 6 is to provide additio�l and more shingent ethics stendards as antha�ized by Flaaida Stffintes, § 7 112326. This code shall not be consfiied to autha�'ize or pe�cmit aay condact � activity Wat is in a violation of Florida Smtntes� ch. 112. pt.11L This oode of etLics shaR be deemed additional aod g �etr►em�1 to any and ell smbe and federal laws governing ethical condud of officisls and io employees, as well as all local lavvs, niles, regutahons and policies. � i1 O�oiaLs and emptoyees in tbe public setvice sha11 ye oonacious ffiat public service is a public 12 trust, shail be impaitial and devotecl to the best interests of the people of Patm &aoh Camty, 7�3 and shall act and conducx tbemselves sfl as not to give occasion for distrust of thar impactiality. ia NoWiug herein shail a6ridge employeea' constitational right to collective bargaining. 15 16 Sec.2-442. De�nitione, 1� The following words, teevs and plxases, when used in tbis at�cle, shall have the meaniogs 18 ascn'beei to them ia this seetioq accept whete the context cleerly indieates a di�'ereat meaniag: 19 Advisory bnard shall utean a�r advisory ot quaei-judicisi boatd created by the boatd of cwmty 2o eommissioaets, by she locai muoicipai governing bodies, a by the mayois wl� scrve as chicf � 21 ezecutive offcers or by mayors who are n� members of local aumicipal goveming bodies. 22 Custom� or client means any petson or entity to wluch an official or empioyee's outside z3 e.mployer or busmess has suppli� goods or services during th� p�evious twe�ty-foar (24) za mo�hs, havin& in the aggregate, a value greeder than ten thoussnd dollars (S10,OW.00). z5 IMmestic partner is an adn1t, a�elated by blood, with whom an �m�ried or separated official z6 oc empioyee has an eaci�sive committed reletionship and awim�aias a mutual residence. z� Financiat be�efer iacl�des any money, service, lice�se, Pertmt, coatract, anthorizadon, loan, Zs travel, entertaiameat, hosPi�1�Y, ��Y� or any promise of any of these, or enything else of 29 value. This te�m does aot inclode campaiga conh�butions aa�.ed hy law. 3o Household Member inciudes anyone whose p�rimmy resideace is in the officisl or employee's 31 home, inclndiog n�-relatives who are not rent payers or �ployees of the head of �►o 32 honsehold. 33 L�spector genera! shall meen tbe office esfablished in article XII of this chapter. 34 Lob6yi�g shall mean seeldug W intluence a decision thmugh oial or writtea commumcatioa or an 35 att�pt to obtain the goodvviil of eup county commissioner, airy member of a local municipal 36 governing bodY, any mayor or chief execntive offccr Wet is not a member of a loca! mimicipel 3� governing body, any advisory boand member, or any empbyee with respect to the Passage, 38 defeat ar modification of any itenu which may fareaeeably be presented for conaidecatian W the 39 adeisory board, the boazd of county commissioners, or the local muaiciP� ����5 �Y ao lobbied as applic�ble. a1 Lobbyist shatt � any person who is employed and receives payme� � who cflntrat�ts for 42 econuanc congideration, frn' the paupose of lobbying on behalf of a p3inci�m3, and sha11 inelude a3 an empbyee whose principat reaponsibilitY to the employet is oveiseeing the employer's various 44 relationships with govemment or representing tLe �ployer ia its contacts with gavernm�t as "Lo6byist' shall not nnch�de: i 46 ��) eDY �P ��'� ��Y�, �' independent c�hactor of a governmeutal agea�cy or a7 entity lobb '� behatf of that a etected locel o�cial w�a the i � official is lo�bbying on behatf of th�ver �ntal ageacy or entity which the offi�at a9 secves, or any mcmber of the officiaPs staff wbea such staff member is lobbyiag on an 50 occasional basis oa behalf of the governmental agency a� e�ity by which the st�' 51 member is employed. 5z (2) any pe�s� who is retained or emp(oyr� fa the pucpose of representing an employer, 53 principal ot ctient only dm�iag a publicly noticed qnesi jadiciel heariag or comprehcnsive 5o plan hearing, provided the pereoa identiSes the emPbper, Prineipel � clie�rt at the 55 heacipg, 56 (3) any expat witness wlw is retained or emPloyed b3' an �Ployer Prinapal or client to � 57 provide oaly scientiSq technical or other spaaali2ed infotmation provided in agenda 5s materisls or tesdmony onty in public hearings, so long as the expert identi5es the 59 emP�Y�'� P��P� or clieat at the hearing. � (4) anY P�n a'ho lobbies only in his or �er individual cepacity for the p�upose of self- 61 repres�tatiou aad witLout compensation. 62 (5) aay e�oployee, cflm�act employee, or independent c�ntrador of the Pelm Beach County 63 Leag�e of Cities, Inc., lobbyiag on behalf of that catity. 5a O,Qicia! � employee means any officisl ar emgloyea of the county or the m�micipalities tacated 65 within the co�nty, whether paid or uopaid. The team "employee" includea but is not limitad m all 66 managers, deparhnent heads and personnel of the connty or the mimicapalities located withia the 67 county. The tean► also includes conha�ct pasonnel and coatract administr8tors perfo:ming a 58 governmeat fimction, and cbi�f exeWtive officer who is not paat of ffie local goveming i�y. 69 The tena "oScial" shall mean m�bais of the beard of county commissioaeis, a mayor, 7� members of local mvnicipal goveming bodies, and members appointed by the b�acd of cawty 71 eommisaioners, m�bers of lacal moflicipat govecning bodies or mayocs or chief exevutive 72 officers �at are not memb�s of local municipal govemiag body, as app6cable, to serve on aay 73 advisorp, 9uesi judicial, or any other board of the camty, state, or any ot6er regi�al, local, �a m�nic;pai, or coiporate encity- 75 Oetside e,►�loyer or �,sirress incindes: 76 (1) Any entity, other tlan the county, the state, or any other federal, regionat, local, ot 7� mzmicipai government entity, of which the official or employee is a memba, of�cial, director, � 78 proprietor, parine.r, or em�►toyee, and fmm which he or she teceives compensatioa for swvices 7a rendeted or goods sold or prodnced. For p�poses of this defiaition, "compensati�" does not 8o inclade reimbutsement for necessary expenaes, including travel expenses; or 81 {2) My eatity located in the coimty or wluch does business with or is regntated by the county 82 or muaicip�lity as applicable, � which the offiaat or employee has an ovvn�ahip interest F� s3 pu�poses of this defwitioa, an °owaeaxhip interest" aha11 meem at least 5ve (S) percmt of the total sa assets or common stocic owned by the oSciai or employce or any combination of tbe official ar 85 emptoyee's household members, sponse, child, step-cbild, broth�, sister, parent t� step-perart, 86 or a pasoa claimed as a depende�t oa the o�ciel or employee's latest indiv�uat fe�eaal tax 87 retu�rp. 88 (3) the n�ut owside emplo�rer or business shall not spply to an employce who is employed by a s9 ce�ifiea bar�sining agent solely m re�,resent �ployees. 2 90 Palm Bea�r County CohrrRissian on EthiGS means the commission established in sectioa 2-254 et 91 seq. to administer and enforce the eWics regulations set forih herein, and may siso be iefetred to ' 92 sa the "commission on ethics" ia tbis article. 93 Persons m�d entities shall be deSncd to include all nawral persons, fums, associations, jonut , � ��, P���. ���s, �sts, business entities, syadicates, 5duciaries, coiporations, and 95 all Other Orgapiza6png. 96 Relative unless otherwise ecified in diis ordinance means aa iadividual who is related to aa sP , 97 official or eamployee as father, mother, son, daugbter, bmfher� sista', uncl�. aiu� fiist cousin, 9s nephew, niece, husbsnd, wife, father-in-law, nnother-m-law, son-in-law, daughter-in-law, 99 brother-i�law, siater-in-law, stePfather, stePmoWer, stePson. stepdau8hta', stepbmther, loo stepsisoer, half bc+other, half sister, 8randF8*en� Steat 8raadPerent, Brandchild, �rst F�andchild, 1oi ste� giaadpasent, steP Sreat �andP�'�� �P 8�dchild SteP Sreat 8randcb�ld. Peison who is ioz enpged to be masried to the official or ennptoyae ar who otherwise holds hims�lf or h�seff out 103 as or is genetally lmown as the person whom the official or employce inten,da to maay or with 1oa whom the official or employx iat�ds to form a household or any othet natural pason having �05 the same legal residence as the ofHcial or eem�ployee. �oe Tisursaction shall refer ta thc pwchasa ar sale by the county or municipality of goods or services 107 fo! a ConsideistiOn. ioa Yendor means at►y person or entity who has a pending bid proposal, an offer � iequest to seU i09 goods or services, seil or lease reai or personal �n'oPertY, or who cwiently sells goods or services, 110 or sells or teases real or peisonal property, to the county or muoicipality imolved in the snbject 111 contrect or hamsaction as applicable. For the pu�pos� of this defmition a vend� entity inchides iiz an owner, direccor, manager or employee. 113 114 SCC. 2�43. Pl'Ohi�ited COUdllcw ils (a) �cvse of public o„�rce or employ»�era. Aa officia! or empbyee shal! not use his ar her li6 official position or office, or teke or fail w ffiIce aay action, or influence o�s to take or fail W 1v take sny action, in a manner which he or she lmows ar should Imow with the exercise of sis reasonable care will resutt ira a special finaneial beaeSt, not shazed with simiiarly sitnated 119 members of the general public, for any of the following persons or eniities: 120 (1) Himselforhersel� . i2 i (2) His or her spouse or domestic partner, household member or peisons ctaimed as dependenta uz on the of6cial or employee's latest individ�al fedeial income tax return, or We �nployer or 123 business of any af these people; 124 (3) A sibling or steg-sibling, chiW flr step-chiid, parent or st�-par�nt, niece or nephew, uacle or us aunt, or grandperent or grandchild of either himself or hersei� ar of his or her spouse or domestic �zs paz4ier, or the empbyer or business of any of these people; 127 (4) Aa outside employer or basiness of his or lteas, or of Lis or her sponse or domestic gariner, u8 or someone who is 3mown to such of6ciai or employee to wo� for such outside employer or 129 business; 130 (� A castomer or client of the officisI or empbyee's outside anQloyer or business; 131 (6} A snl�tantis�l debtar or c�eclitor of his or hets, or of his or her spouse or domestic pactrEer— 132 "substantial" for these purposes sLal! mean at least tau thougand dollats (SI0,000.00) aad shall i33 not inciude foims of indebtedness, such as a mortgage and uote, or a loan betweea the official or 134 employee and a financiat imscitution; 3 335 (� A civic grouP, union, sociat, chazitabl�, or re6giws organi�ation, or other not for ptofit i36 orgamzati�on of whicL he or she (or his or her spouse or dumesaic �Oner) is an officer or 137 dil+eCtot 139 (b) Comrpt misuse of o,,�cial pasitfon. An official or employee shall not use Lis � het officiai i39 position or offic�, or anY P�P�Y �' resource which may be witbin his or her tnist, to cam�P�Y lao sec�ue or aue�t to saa�re a spxial Privilege, b�e6t, or eze�ption for himsel� Leisel� or 141 others. For the p�uposes of this a�bs�tion, "conuptl�T' mea� done witL a wroagCnl inicent and i4z for the piupose of obtaining, or compeoeabag or raxiving cwmpensation for, any banefit io3 resulting fmm some act or omission of � official or �mployae which is inconaistent with the i44 propes pecfo�mance of his a� her pubfic duties. sa5 (c) Discbsewe of vooting cb�/i� Crnmtp and mumcipai officials as applicable shall abstain la5 fiom voting and not pffiticipate in eny mauer Wet will res�lt in a speciat fmanciai bene5t es set 14� forth in �pt�s (axl) throngh (7) above. The official s6all publicly disclose the nahse of the 148 conflicr and when abstaining S�m tbe vote, �all complete and file a State of Floiide ia9 Commission oa EUrics Coaflict Foim 8B parsaant to t� requirem�nts of Floiida Statides. § i5o 112.3143. Simutt�neousty wiyi 5L'ng Fa�m gg, the of6cial shall submit a copy of We c�aoplded s51 form to the county eommission on ethics. Officials who abstein and disclose a voting con9ict as 15z set forth heiein, shall not be in violation of "subsection (a), provided We official does not s53 othetwise use his or her office to take or fail to tate any action, or influence otheis to �ke or faii isa to take anY action. in anY otba manner which he or she Imows or shw�W Imow with the exercise s55 of reasonabte care w�'ll resuit in a special fsnaneisi bene6; not shared aith similacly ailuated 156 membets of the geneaal public, as set forth in snbsections (aHl) through C�)• s57 (d) Condacdral �ek�fonsl�ip�, No of&aal or employee sha(l eater into suy contract or other 15a hsnsaction for goods or searvices ait6 their respective oounty or mvnicipelity. This prohibi6on 159 extends to all con� or ttsasec6ons between the co�ty ar muniapality as appticable � any �60 pecson, agency � eatity acqng for the county or municipality as applicable, and tLe o�icial or 157. empioYee. di�ecdy or indirestly, or thc official or e,mplayEe's outs;de employer or busine�s. Aay �52 sucL coulsect, agreement, or busirtess aaangemeat entered ento in violadon of th+a sabsec6on 163 may be rescinded or deClare� void by the bostd of county c�mmissioners purs�ant to sectioa 2- i54 448(c) or by the locat manicipat gavemin8 bodY l�s�ant to la�l �dinance as applicable. Tbis 165 pro6"bitioa sball not apply to �ployees who enter into coatracts vuith Palm HeacL Couaty or e 166 municipality as �t of their of't'icial duties with the county or that muaieipality. This proht'in'tion 167 aiso shail not apply to officials or employees who purchaae goods from the cwmty or �6g m�aicipality on the same tem�s available to all membe�s of the public. This pmhibition shell 169 also not apply ta advisory bosrd membeis provided We svbject conuact ar tzansaetion is i7o diacl�ed at a duly noticed pnblic meeting of the goveFning body aad We advisary board sn memba�'s board provides no regulation, oversight, management, br policy-setting 17z rer.ommendatioas regazding the sttbject contract a traasaction. 373 (e) Ezceptio�rs and waivpr: The reqniremcpts of subs�6on (d) above may be waived as it va P�rtains m advisorY boasd membe[a where the edvisory board member's b�ard is pu�ely advisory s75 and pmvides regulation, ove�sight, m�agemea�t, or policy-�ing recommendations ng�ing 176 the subject Contract or uansaction. No waive[ sha11 be allow�ci where the advisory bpard 177 member's 6osM is nof pureiy advisory end provide.s regzilatioa, oversi8ht, managet�t, or �7s Polia3'-setting recommendations regat+di�►g We subject conttact or traasaction. Waiver may be 179 eff'ecbed by the board of eounty commissioners or by the local mnnicipal governing baly as 18o applicable upon full disclos�re of the contract or hansaction pzicu to the waiva and en 4 181 affgmative vote of a majority plus one of the total memberslrip of the board of county 18z commissioneis or the local mimicipal governing body as appliceble. In instances in which 183 a�ointineat to ths advisory board is made by aa individnal, waiver may be effected, after full �84 disciostue of the o�tract or traosaction at a public he�ing, by the appointinB Persa�. In ad�on, i85 no official a� employee ahall be hetd io violation ofsubsection (� i� iss (i) 'Phe business is awacded umder a system of sealed, competitive bidd'mg to the lowest hidda 187 end: 188 a The officist or employee or member of lris or her household has in no waY �rticipeted in the i89 dete�mination of the bid specifica6ons or the deternoination of the lowest bidder; 190 b. The ofCicial or employet or membea of his or her hwsehold Les in no way usod or auempted 191 to nse the oSicial or employee's in$uence tp pe�suade fhe agency, governmenffit entity a mry 19z p�el theseof to e� sach a contr�t o�er tha�a by the mere submission of the bid; and 193 c. The ofSciel or emp(oyee, prior to or at tl� t+me of the submission of the bid, has 5ted a 194 statement with the anpervisor of elections and the commissi� � ethics, disclosing the natore of 195 the inberest in t6e outside employer or busnness submitting the bid • �e (2) An emergency p�rcl�ase or c�antract which would othe�wise violate a provisioa of subsectioa 197 (� must be made in order to protect t6e health, safetY. or welfa�e of the citizens of the couaty or 198 muniaipality es applicable. 199 (3) '� outside employer or business involved is the only source of supply within the county or 200 municipality as applicable and there is full diacl� by the oRicial or e.mployae of his or her zo� inter�t in the outaide emptoyrx or businass to the couaty or municipality as applicable a� the 202 ethics c4mmission prior to the P�t+chase, r�ental, sale, leasing, or ather business bang ttaosacted. z03 (4) The total amount of the coahacts or iean.9ectiona in the aggregate between the w�tside z0a employer or business and the county or mnnicipality as applicable doea aot exceed five huadred � 2Q5 d011ars (SS00.0(?) pei ce(eadai yeac zo6 (5) Notwithsta�dinB �Y Pmvision to the co�a►y, subsection (d} shal! not be construed w 207 preveat an employee &om sceldng part-time employment with an outside employer who has 208 entered into a contract for goods or services with tbe county or muuicipality as applicable zo9 providedtha� tio a The employee or relative of 8�e emgloyee does not w�k in the coimty or muoicipe! 211 department as applicable which will eaforce, oveisee or adm�inistea the svbject conhac� and 212 b. The outside employment wauld not intcifere with or othetwise impair his or her ti3 iadepend�e of jndgment or otheiwise interfere witL the fnit and fgitbfut pexfotmance of Lis or 2�a her public duties to the county or mwicipality as a�licable; and n5 c. the employee or relative of the employee hes not perticipated in determimpg the subject 216 contract requirements or awatding the conteac� and 217 d the e,mployee's job responsibilities end job description will not require him � her to be 218 involved in the ontside employea's contract in any way including, but noE limited to, it,s zi9 enforcement, oversight, admiuis6ation, amendment. �teasion, beimiaation or forbexta�e; and 2zo e. the �ployee demonsaates compliance vvith app►icable merit rules regacding ourside 221 employment and obtaius writtan pemission from his or her s�pervisor; and zz2 f. The employee l�as obtaiaod a conflict of interest waivet fmm die chief administrative o�cer z23 aad tLe employee's depmrtment head of the crnmty � m�micipality based on a 5nfiiug that no zza con#lict exists. The employee shall subtnit ti�e tequest for waivea in writing and �mder oath. The zz5 reqnest for the waiver shali 6e si8ned by the e,mployee undea �th or affirmation a� an appmvod 226 foim provided by the Co�mmission on FXhics. 'The doaument shall conmm written � 5 u7 ac,�mowledgm�nt of compliance with the provisions of (5�. through (5�, of thie subsection, 228 together with such pQtinant facts and relevant documcnis that support such waiver. A waiv� 229 unaer rhis snbaecli� must be a�ovea by both che empbyee's supe�visa ana chief 23o administrative o�cer of the crnmty or mumcipality. The �unty ur Anmici�lity shail record z31 sucl� waiver in tl� employee's perso�snet file and shall submit a copy of the wsiver and alt 23z retatea documents w the cumimission on e.thic�. 'ihe commission � ethics ia its d�cretion maY 233 clect to review, comment �, or investigate amy waiver. Tbe commissioa � etbics nwicar or 23a invesdgation s6all not delay an empioyce's ability to take the gait time employm�� Z35 g. Officiol law er fon+w►ierrt ovettime or erlro duty details. The prOVisions Of subsection (� shell �36 b� waived far outsida �loyment whm that emptoyment consists of a cerlified police agency 237 1mIfOlmed 61LtPdA818�Qltlty Of EEh8 dLLL}I dEiBl1, COII1tflCtCd OT 8�1DiSLP.IC� by the �101�Ce BgCIICy Za8 ss applicable. For du pmpc�se of ttis suba�tion, all ncords of eactotnal, exha d�ty or avertime 239 secarity details. including supenrisa apptovat, identity of contcacting pactias, end including 24o time, date and menne� of detail sLall be maiataimed by the iadividoal contrac6ag or za� admiaistraocg pulice agency, records of which shall be accessible to We public sabject to state 2az puWic reco�ds disctos�re eaemptions. 2a3 . (fl Acceptnrg travel e�cpenses. No oS'icial � emPloYce � �Pk ���Y � �Y. �Y 244 travel expenses including. but not limited to, trensportati�, lodgiag, meals, registration fas and za5 i�identals fmtn any coimty or m�micipal co�ractor, veudor, service provider, bidder or proposer 246 as appficabta The board of connty cominissioneca or local municipal gove�aiag body as za7 epplicable may waive the requiremants of this subsection by a majority vote of the boat+d ar local 248 municipal goveming body. The provisions of this subsacrion shall �t apply bu itavel cxpenses 24g Paid bY � 5��� �dties or by orga�izations of which #he couaty or municipality as 250 appGcable is a member if the ttavel is related to that membets}up. 251 (g) Conringent fee p.ohibieion. No pereon shall, in whale or in part, paY, give or agree to pay or 252 give a contingency fee to another petson. No petson shell. in whole or in part, receive ar agcee to 253 receive a controgency fee. As usad herein, "ca�tingency fee" meana a fee, bo�us, commiissioa, or 25a nonmonetacy benefit as comp�satioa wbich is dependent on or in any way contingent � the .�55 pessag,e, defeat, or mo�5cation o� an ondiaa�ce, resohqion, action or decisiam of ihe boerd of 256 county commiesioners or local municipal So�B �Y � ePPU�� �Y �Pl� z57 suthorized w act on be�atf of the boaN of county commissioners or local municipai 8�'�B 25s body as applicable, the couoty adminiatretor or mnaicipat adminishator as applicable, or any z59 actioa a� decision of an advisory boaN or committee. This probibidon does not apply m real 260 � brokels v�rhen acting in the c�ur�e of their ptofassion � tegulatsd bY §§4T5.001-475.501$, z61 Florida Sta►utes, as may be amended. Nothiog in this sectioa msy be construod to prohibit auy z6z satespe�son from eng,aging in legitimate government buai.aess on behalf of s company from z63 receivin8 compe�sation or commission es gart of a bona fide caalractuel aaangement with that 2b4 company Providod such compensstioa or commissioa is ordinary end castomary in tl� ind�y. z65 Nothing in this section may ye �ons� t� p�ybit en attocney fronu repceseating a eliatt in a 2b6 judieial p�oceoding or fotmal administrative hearing puts�ant to a contingent fee anangement 267 (h) Hauressty i� oppticatior�s far positimis. No pe�son seeking to become aa officia! or 268 employee, or seaking W eatea into a coattact to provide goods or seivices to the couuty or z69 municipatity as applicable, maY make anY false statem�t, submit aay fa(se document, or 270 kauwinBtY wiWhoW information about wmngdoing in conne�tion with employmCnt by ox z7t services W the county or municipality as applicable. 6 z72 (i) Disc(osure or use ojc� infarmation. A cwrreat or fomoer offcial or employee shall �t 27a diaclose or use information not available to memb�s of tb� genecat public and gained by � z7a of Lis or her o�'icial position, except for iaformation re(atmg exclusively to gov�tal 275 practices, for his or her pasonat gain or beneSt or for the peisoaat gain or bmefit of any other 276 petsOn. 277 278 See. 2-444. Gitt ]a�vy. z79 (s�t) No oaunty commissiona, �mber of a locat gove�ing body, mayor or chief exe�utive zs0 when not a memb�r of the governin8 bodY, or em�loyee, or any other pe►son or bn�sinesa en6ty zss on Iris or her behal� sl�ll lmowing(y sulicit or acoept dinxtly or mdirectly, any gift with a value zsz of greater than � h�ed dollais (5100.�) in the aggregate for the calendar yesr fmm any z83 Pe�on or busi�ss entity that the recipient lmows, or should know with the exercise of 284 ri;asonable care, is a vendor, lobbyiat or any priucipal a employ� of a lobbyist w� lobbies, z85 sells or leases to thc cmmty or municipality as a�licable. 286 (2) No vmdor, lobbyist, or principst or employa of a lobbyiet that lobbies the cwmty or a 287 muoicipsiity shall knowinBtY 8�v�. ditectly or indirestlY, �Y 8� with a value greater than ane 28s hnndrerl �ilats ($100.00) in tt�e aggropte for tbe calcndsr yeer to a peison who th� vendor, zs9 lobbyist, or princigai knows is an official or eo�loyee of that cwmty or muoicipality. For the 290 pmposas of this subsection 2-44�Ka�(2), the te�m ve.ador also includes anY P�n �' �h' �, z9� because of the nada�e of their busiaess, may respond to an invitation t,o bid, request fa pmpossl 292 or other procur�eut apportnnity that has yeea publi�h�d by tlie covnty or a m�icipality. z93 (bxl) No advisory boacd member, � any othet peison on his or het behal� sl�all lmowingly 29a sfllicit or eccept directly or �ndirectlY anY gift with a vahie of g�er than one hundrod dollars 295 ($100.00) in the sg�epte for the calendar year from any ve�nda� lobbyisi, or a�r principal or 296 employa of a lobbyist, who lobbies thc rocipienYs advisory board, or any county or muoicipai � 247 department as appGcable that is subject in any wey to the edvisory boerd's authority, intl�nce or 298 edvice. z99 (2) No vendor, lobbyist, or �incipal or employer of a lobbyist who lobbies an advisory board or 300 any aounty or municipal deparmoent that is sabjcct in any way to the advisory bosrd's suth�ity, 30� influence or adv�e, shsil knowingLY Sive� directly or indiracflY. �Y S� with a vai►�e greater tlian 302 a�e himdred dollars (S I00.00) in the aggregate for the caltadaz yesr to a peison who the ven�or, 303 lobbyist, or principal lcnows �s a member of that advisory boa�d. For the pu�poses of this 3oa subsection 2-444(b)(2), We teim vendor also includes any pesson or entity that� ba�use of the 305 nat�e of their busit►�s, may respond to an invifati� to bid, request for proposal or otha 306 procuremtat oppo[tunity that l�s been publis6ed by the camty or a m�micipality. 307 (c) No couaty commissioner, member of a iocal goveming body. mayor or chief executive 308 offices wleen nat a u�ember of the governin8 bodY� or empluYee. or any other person a b�siness 309 eutity on his or h� be�al� shal! I�aingly solicit a gift of aay value fmm any petson or bnsmess 3i0 e�ity Wat t6e necipient lmows is a vmdor, lobbyist or any principat or employer of a lobbyist 311 where the giR is f� the peraonal bene8t of the o6cial or �nployee, anotha official or 312 employee, or any reiative or ho�sehold member of the official or �nployee. No advisory board 313 member or any other pe�son or business enaty on his or her behal� sLatl lmowmgiy solicit a gift 314 of any vslue from any petsoa or business entity tLat the rxipieffi knowa is s ve�dor, lobbyist or 3i5 enY Principal ar employer of a lobbyist who lobbies the recipient's ad�risory bosrd, � msy eouaty 916 or muaicipat department as appliceble that is subject in any way to the edvisos,p board's 3i7 suthoritY, influ�ce or advice, w�re the gi8 is f� the personal benefit of the advisory boecd 7 3i8 membea, another advisory board membet; or an official, or at►y retative � househald member of 319 thB ofSCisl or emsployee. 320 (d) For p�wses of this saxion, a principal or employer of a lobbyist s6all include any officer, 321 pas�r � dire�tor of the principai or employer eatity, or any employee of a principai or 322 employer who is not ea offictr, p�hter or d'uecWr, pmvided that the enuployee lmows � shouid 323 imow with the exerciae of reasonebk care that the pincipat or employer employs s lobbyist. 32a (e) No person or entity shall offer, 8ive, or agree to give an officiel or employee a gift, and no 325 official or employee shell socept or agree tp accept a gift fivm a peison ��tity, becm�ae oF 326 (1) An o$cial public actio� taken or to be taken, ar which couid be taken; s27 (2) A legal duty perfiormed or to be perfoimed or which ooutd be perfotmed; or 32s (3) A legal duty violated or b be violated, or wLich conld be violated by any offi�ial or 329 employee. 330 (� GiR reports. Arry official or empk�yee who receives a giR in exce� of ane handred dollars 33i (5100.00) shatl repott tbat gift in accordsnce with this section. 33z (1) G� rn.�ports for o,�`'icial.s and em�pto}�ees identified by s�ate law as reporting irufividucls 333 'i'hose Peisons r�ired to report Bifla P�s�ant m state law si�{1 report those gi5s m the menner 334 �ovided by Florida Statutes, § 112.3148, as may be amended. A copy of each repurt shali be 335 filed with the couaty commission oa eWics. 336 (2) illl other o„�cials mrd emplayees who a►e rtot ►eporting t�viduaLs roider state �aw. 337 a P�sonat G�. AII offiaals and empioyees who aie not �eporting in8ivid�ls � state law 33s are not required to report gifts in eacess of one hundred dollars (5100.OQ) so la�g as �se gifls 339 are given to the official or employee by a pasunai friend•or co-wosker end ti� circuoosmnces 3ao demonstrate that Ll� motimration fo� the gift wes the pessonal a social mlatioaship rathcr than an 3a1 attempt to obtain the goodwill or otberwise influence the officia( or employee in the perfoYmance 34z of his ar her oS'ieiat duties. Factors to be considered in determining whether a gift was 343 motivated by a pe�sonat or sociat relationsbip may include but shall not be limitod to; whether 3aa the relationship began before or after the official or employee obtained his or her office or 345 position; the prior history of giR. giving bet�veen the individoals; whether the gift was given in 34e comuection with a holiday or other special occasion; whether the donor pe�sonally paid for the 3a7 giR or sought a tax dednction or busineas :eimbursemen� a� whether the donor gave s�milar 3as giRs to other officisis or employees at az neat the same time. If the personal friend or co.w�ker 349 is a vendor, lobbyist or principal ar employer of a lobbyist that lobbies the ca�mty or 35o mnaicipality as appGceble, then the official or employee shall not accept a gift in exc�ss of 35i 5100.00 in acxordance with subsectiona (axl) and N)(1)- 352 b. All other gifts. qll officials � empioyces who �e not repoiting individuals �mdar emte law 353 a�d who receive any gift ia �c;ess of �e hundred dolla�s (5100.00), which is not oth�avise 354 excluded pr pmhibited pursuant to this subsectioq shall complete and submit an aanual gift 355 disclosure mport witb the couaty commission an ethics no late� tl� November 1 of esch year 356 beginning Novemb� i, 2011. for the peiiod e�ding September 30 of each year. All of5cials or 357 employees who are not reporting individ�sls under state ]e�• and who do not mceive a giR in 358 access of ane Lnndred dollats (5100.00) durin8 a 8�'� �P�$ P��d ahall not 51e an aom�al 359 gift disClo8�e report. The Snrius! gift diseiO31me tepott shBU be creetea 13y t�e cOUnty 36o commission on ethics ead shstl be in a fazm sul�tanti$lly similar in cantent as thet required by 361 state law. 362 8 363 (gJ For tha purposes of tLis soction, "gitt" shall refer to thc �ansfer of anything of economic 364 value, whether in the fomn of monep, servic� Laao,lravel, entertaiament, hosPitalit�+, it�n or 365 promise� or ia any other fomi, without adeqnate emd tawtul comsideratian. Food and beve�a� 36e cons�maed at a single seiting or a meal sha11 be coasideied a single gi8, aad the valne of the food 367 and bevera�e provided at tLat sitting or meal shell be considerod the value of the gi� jn 368 d�ermromg tLe vaiue of the gi$, the recipient of the gi8 may consult, among other sources, 369 section 112.3 L48, Fiorida 3faeutes and tLe Florida Admini�cative C�e as may be ameaded. 3m (1) Exceptions. The provisions of snbsection (p,� shall aot apply to: 371 a Politicat con�'bn6ons specifically authori�zed by state � fedetal law; 372 b. GiAs from relatives, domestic parine�s, and depeudents nemed on tt� official's or 373 emptoyee's letest federal income tax rehun, or one's household member; 37a c. Awards for professio�i u� civic achievemen� 375 d Materiais sndt as books, reports, periodicais er pamphids wbich are solely info�tmational or 37b of an advertisin,g nat�ue; 377 e. GiRs solicited or eccepted by county or m�micipai officials or employee.s as appiicable on 378 behalf of the county or municipality in performance of their official duties for ase soledy by the 379 camty or municipality for a public pucposc; 380 £ Publicly advertised offers for goods or services fmm a vendor uacier the same teims and 381 c�nditions as aze offered or made available t4 the geneaal pnblic; 382 g. Inheritanc� or other devise; 363 h. Registration fees and other retated costs assaciated with edncational or governmeatal 3sa oonferences, meetings or seminars and travei expenses either properly waived or inappGcable 3sS p�usuant to section 2-443(�, Pro�ided thak attcndance is for governmantsl P�PQ�. � 3s6 attendance is related to their dudes and responsibili6es as � official or employee of the coimty 387 or municipality; 3s8 i. A ticket, pass or admission in connection with gublic eventg, appearances or ceremonies 3s9 relatea W o�cial county or tnunicipat M�siness, if fiunishe� by a no�rofit spansor organizstion 390 of such pubfic evart, or if fiunished pu�suant to a canhact between the eva►t's non pmfit 391 sponsor and the c�unty or municipelity ss appiicable, pmvided the spoasor orgaa�ation does not 392 employ a lobbyist, e�d fusther provided the ticket, gass or admission is given by a rep�sentative 393 of the spons� �gauization w6o ia not othecwise a vendor, lobbyist, principal or empioyer of a 39a lobbyist. Notwithstanding We exception as provided in this subsactioa, the tieket, Qass or 395 admission must be disclosed in acco�dance with the gi8 Iaw reporting requiremarts of 396 subseCtions 2'444(�(1) and (�(2), 397 j. Expendi't�ues made in connection with an eveat sponsored by a nonprofit organization funded 39s in whole or in ps�t with public funds whose grimary function is to encaurage and attraet tourism 399 or other business opporiunities for the benefit of Pa� Beach Couaty or the municipalides as ao0 applicable, p�avided the sponsor organization does not emplay a lobbyist, aad fiuther providefl 4oi that the iavitation to the ev�t is made by a representstive of ihe sponsor organiza6on and t6e 402 rePnsentati�e is not Wherwise a vendor, lobbyist, principal or employer of a tobbyisk ao3 Notwithstaoding the excegtion as provided in this snbs�caan, d�e expendidue most be disclosed +wa in aec�rdance with the gift law �portin8 recNiranents of subs�tions 2-444(tX 1) and (�(2)• a05 (h} Solicitation of Co�'butions on Behalf of a Non-Profit Charitable Orgenization. 406 (1) Notwithstanding the prohibiti�t � g�ifis as outli�ed in subsec�ion 2-444(a) and 407 (b� the solicitation of fimds by a caunty or municipal o6ciat or employee for a non- aoa profit chari�ble orgamization, as defined under the int�a( It,evemie Code, is peranissible 9 � so long as there is no quid Pm quo or othe� spe,cial �nsideraaon, including �y direct or a10 i�a�t special financ;ai hene6t to the official or employee or to the person or mtity a�l being solicited. The solicitation by an o$aal or employee as contemplated berein, is a12 eapressly prohibited if �de to a�ry pers� or mrity with a pending apPliceaon for ai3 appmval or awai+d of any aahue befae the co�mfiy or moniciFalitY as aPPlicable. 4�a (2) To promote the fuU and compiete iransRarency of any such solicitation, officials ai5 and employees shall disclo�e, on a form provided by the Canumissioa on Etbics, the name 416 of the charitable organizatioa, the eveat fa� which the fimds wene solicited, the neme of az7 anY Person or eat►tY that was conffictad regsrding a soliat�i� or pledge by the officisi ais or emPloS'ce. and the amount of the funds solicited or pledged if known. The foim shall 41� be comp[eted legibly and shatt be filed with !he Commiasion � Edrics. Tl�e f�m shalt 42o be IIted within 30 days &om the oceucrence of the evem far which the solicitation was 421 made, or if no event, within 30 days &o�m Ehe occw�rence of the solicitation. a22 E3) Officials and employces may not uae county or municipal �aff or otLer co�mty ar 423 mwricipal resourxs in t6e solicitatiou of charitable coran'bntions descn'bed 'm this 424 gubsectipn, 425 426 Sec. 2-d45. An/i-nepotism Iaw. 427 Aa official may not appoint, emP��3', P�o�, advance, ar advncate for eppoi�ent, 428 employment, promotion, ar advancement in or to a position in the county or municipality as 429 applicable ia which tbe officiai is aerving or over which the official exercises jurisdiction or a3o comrol, eny individ�al who is a relative or domestic Faziner of the official. An individoal may 431 �t be appointed, emPbY�, P��� or advanced in or to a posilion in the county or a 432 muaicipaiih' if auch eppoinhnem. employment, promotion, or advancement has been advocated 433 by an official, serving in � exucising jwi�iction � oontml ov� the co�mty or mumcipality as 434 appropriate, who is a retative or domestic partner of the individuel or if such appointment, a35 employmeat, promotion, or advanceanent is made by a collegial body of which a relative or a36 domeatic partner of the individual is a member. However, fl�is section shalt not appty to A3i appointments to boards othea tLan tho�e with land-plaoning or zoning respa�s�'bi6fies in those a38 municipalities with less thaa 35,000 population. This soction dces not apply to pasons sorving ia a39 a valunteer espacity who provide emergency medical, faefightiag. ar police services. Such 440 persons may receive, without losing their voluntxr stad�s, reimbuisem�ts for the costs of any 44i �aining tfiey get relating to tb,e provision of vol�r emergency medicsl, fue5ghting, or police 4a2 services aed payment for eny incidenial exp� relating to those secvices fhat they provide. 443 Mere approval of budgets si�all not be su�icieat to conaHtute `yurisdiction or conR�ol" for the �t pucposes of this section. aa5 (1) For the p�uposes of Wis se�ion, " official" mesns auy officiat ar employae in whom is 4a6 vested the suthoritY bY 1avv, nitG, or ieg�ilation, or to wh�n the ausi�itY has b�a delegated, to aa7 aPPoint, employ, promote, or advance ind'cviduais or to �+ecommend iudividuals for aPP�o��k a48 employmeut, promoaon, or advancea,eat in com�on w;ch employment in We county or 449 municipality as appliCable. a5o (2} For the putposes of Uus sxtion, "retative" means spouse, peneat, child, sibl'mg, �mcle, aum, a51 Srst cousia, nephew, mece, father-in-law, mother-in-law, son-in-law, daughter-in-law, broU�er- 452 ia-law, sister-in-law, stepfaWea. stePmat� stePaon, stepdau�r. stePbrotLer. stcPsisler. half- 453 broffiei, pt hg(f-gigtq; a5a io a55 S�. 2�i6. Et6ics trAioing, a56 (s) Officials aad employees, as public setvents, are c�nsidet+ed stewards of the pnbtio tcust and 457 should aspire to the Lighest level Of i�egirity aad characier. Officiels and em�pioyees shali be ass infornned of theit etLicat respunsibilities at We start of thear public secvice, and shall ioceive a59 updaus aod daining materiais on ethics issues thmughout the apan of their public setvice. The 460 crnmty adminishator � mimicipal edo�inisttabor as applicable shall eatabliah by policy s aex mandsuory fraiaing sche�ile far all officials and eanptoyees which s}�(1 ;�u�ae ��wry a6z periodic followa�p sessions. This policy may also add�ss et6ics tcaining for �tities that receive 463 oo�mry a muqici�l fnmds as applicable. 464 (b) 11ie commission � etbics shall develop and deliver, or contract wiW other eatiti�es to a65 develop and deliver, tiainm$ Prrograms, The c�mmission on ethics ahall t�ordioate and coopaate 466 writh all a�'ecbod county � m�mic�pal entities, deP�. aB�ucies. boards, cow�ils aad a67 commissions to ensare tbat efFective and meaningful traiaing expe�iences are delivered in a 468 timely aad efficient mauner.. 469 a70 Sec. T.-447. Nonisterfetence. 471 It shall be a violation of tLis ariicle for any peason: (a) to retaliate agains; punisL, tfictaten, 47z ha�ass, or penalize any peisoa for wmmunicating, cooperating widy or assisting the commisaion 473 on ethics or the iaspeeta� general; or (b) to iat�'ere, obstcuct or attempt to interfeie or obatiuct 47a without valid legat basis any iuves6gation conducted 6y 1he commisaioa on athics or tLe 475 inspeC�Di g�erel, 476 477 Sec. Ld48. Administratlon, eaforcement aiud pendttes. a78 (a) The comtniasion oa etLics sLs11 be empowered to review, i�etpret, render advisoty a79 oPinions, and enforce this code of ethics purauant to We pracednres cstablished ia the cawoty as0 commiseion on ethics ordinance. Jnrisdiction of the commission on ethics with respect to a81 adviacuy opinions r�ered shsll exteud to ell county and municipal off ciats and employoes, and a82 all other persons and entities required to comply with We provisiams of this aode a�d the couoty a83 lobbyist negist�atiion ordioance, includiag but not limitad to lobbyists, their emptoyeas and 48a priacipals, and con�actors and vendors. ass (b) A Snding by We commission on ethics of a violation of any patt of tLis article sGall subjxt a86 the person or entity to public reprimand, a fiae of up to five Ltimdt�cl dallais (SSOO.UO), or 1wW. as� The commissioa oa ethics may also order the person or entity w pay cestidrtion when We person 488 or entity or a thud party has rexived a pecuuiary benefit es a tesuit of the petson's violeti�. a8s (a) Upon a 6nding of the commission on ethics that a violatioa of this aiticle � the lobbyist a90 regisd�ahon ordiasnce resuited in a con�sct, g�rant, snbaidy, lic�� Permit, fi�hise, use, 491 ce:tificate. development order � other benefit confeired by the coimty or m�micipality as 492 applicable, then such coniract, Brant, subsidY. ucense, Pe�i� f�anchise, use, cerfificate, 493 development order or oth� beneSt may be rescinded or declared void by We boazd of county a9a commissioners or t6e locel m�micipal gove�aing body as applicable. a95 (d) The commission on ethice may in ;ts disc�ion refer willful violations of seqi� 2-413, 2- 496 444(a), 2�144(b), 2-444(0), 2-444(e), or 2-447 to the state attomey. Ausuant to Flacida Stetutes, a97 § 125.69, a peason who violates the sections of tbe ariicle set forth in this section 2-448(d} shall a98 be subject to proaecution in the name of the state in the sama manne.r as ficst degree a94 misdemeanors are pmsecut�od, and ap�m c�viction, snch person shall be punished by a fine not soo to exceed one thovsa� doliazs (51,000.00), isnpriso�ent not to exceed one (1) yea� or both. il ATfACHMENT 2 � z 3 4 � 5 s � � s Sec. 2-�W1. 1Ytl� statcm�nt of parposa 9 This article shall be known as the Palm Beach Counry Code of Ethics. This cocle of ethics is 10 enacted purs�t to Florida Constitution, Atticle VID, section 1(�, Florida Statutes, ch. 125, ead 11 the Chact�er of Palm Beach Co�mty, l'he Muniapalities located within Pslm Beach Couaty are 12 snbject to the pmvisions of this Code of Ethics putsuank oo ne�um. The pucpose of dus code 13 is b provide ad�tional and more shingent eWics standards ac author'rced by Ftorida St�utes, § 14 112326. TLis code sha11 aot be constiued to anthorize or permit airy conduct or activi�y that is in 15 violation of Florida Statutes, ch, 112, pt TII. This code oP etbics s6a11 be deemed additional and 16 suppiamental to any aad all stete and fedetai laws govemiag ethical co�uct of officials aad 17 � ernploy�ees, as well as ali local laws, rul�, regnlations and potici . 18 Officials and employees in the pnblic setvice shell be conscious tbat public service is a public i9 trnst, shall be impartiei and der to the best interests of the peopie of Paim Heach Covnty, 2o and shall act and conduct the�selves so as not to give axesion for distcust of their imp�islity. 21 Nothing herein shall abridge employees' c�astitutional right to collective bargaining. 22 I(�lrr�-lL*.-, '+nnn ne� _. t c> >ti �e m� n_� wr en�n et�� �� n eo �m �r + , 23 24 Sec.2-44�. Deftnitloos. 25 The foliow�og words, tetms and phrases, when vsed ia this article, shall have We meanings z6 asexibed to them in tbis section, except where the context clear�y indic,ates a diffeient meaning: 27 Advisorv board shall mean any advisorv or c�i ivdici�t�oard cneated bv the boHrd of conntv 28 commissioners, bv the local municipat ovemin� 6odiea, or by the mayors who serve as chief 29 execntive officeis or bv ma�rs who arE not meml�s of ta:al mtmicioal ¢ovetnine ies 30 Customer or clienr � sny p� or entity W wltich an o�icial or employee's o�tside 31 employer or business has snppli� goods or services duriag the previous hventy-four (24) 32 months, having, in the aggregate, a value g�eater than te.n thonsand dollacs (SI0,000.00). 33 Domestic pmtner is an adult, uore]ated by blood, with whotn an um�saied or sepazated official 3a or employee has an pcciosive committed relati�ship aad maintaias a mutual resideace. 35 Finm�cial benefit includes any money, service, license, permit, cautract, authoriza�on, loan, 36 �avel, entertainmea�t, hospitality, gratuity, or a�ny promise of any of these, or �ything else of 37 vs1�. This term does not include cempaign contribntions suthorized by law. 38 � Hausehold Member includes anyone whose primary residence is in the officiai or employee's 39 home, including non-relatives who are not tent payeas ar emptoyee.a of the head of the • 40 honsehold. ai Lrspector genercl-shail mean the office establis6ed in articte XII of this chepter. a2 Lobbving ahell mean seeldn¢ W's�ntluence a decision thronei� oral or written communication or en a3 suempt to oMain the �oodwitl of any c:ountv eomrnissione� any member of a L�� municival 44 e�v mins bodv anv mavor or chief e�ec�•r:vP ��� that is not membet of a local muaiciaal 45 povemin� bodv, anv advisorv boazd member or anv en�lovee with respect to the gdssa¢e 48 defeat or modification of anv item which may foreseeablv be rnesentefl for considaation to the I 1 47 advisorv board. the bosrd of countv commissioners, or We locai municipai „govemine bodv 48 �obbied as agplicable. 49 Lobbyrst -shail m�n sny persoa who is e,mployed and receives paymeat, or wbo contr� for 5o economic consideiation, for the Qurpose of lobbying on behaif of a principal, and shall iuctude 51 � an employee whose P�� 'bili W the employet is 52 • ovetseeing the �ployer's various re3ationshigs with govemment or representing th� etuployer in 53 I its contacts with govanment "Lobbyist" shall aot include-_ �� Ll�Y �►Pb3"� ��t employe�, ar imdependent contractor of a goveramenial agency or 55 entity lobbying on behalf of that agepcy or entity, any elected local official ahen the 56 official is lobbying on behalf of the govemmentat agency or entity wbich tbe official 5� serves, or aaY member of the oH'icia!'s statt' w�een such staff m�nber is lobbying � an s8 occesional basis oa behalf of the govetnmental agency or entity by which the staff 59 member is emptoyed 6U L2] anv oerson who is retaiaed or emploved for the_pu�e of reuresentiae an emplover 61 nrincinal or elient oalv duru;g a,�ubliciv not�'ced quasi-iudiciai hearine or commehgnsive 62 alaz► he�aring. nrovided the person identiSes the e�plover 'ncipal or client at the 63 hearin¢. 64 L3} auv expert wimess who is reteined or eaqpfoved by,an �plover orinc�pal or client to 65 provide only scientiPic� technicai or othe�peeia(ized it�£Qrmatioa provided in seenda 66 �o t�e�iais or testimony ogly in �ublic ¢eerin¢s, so lon as the exaert identifies the 67 e�llp lover p�ncipat or client at the h'¢ 68 L4� anv pecson who lobbies on,�v in his or her individua! ca�acitv for e p rn gqse of self 69 reuxeseat�tiQn and without comoe.nsqtion �o LS) anv emolovee contract en„�►lovee. or i+_denendent contracxor of,she Pa Beach Countv 71 Leaeve of Cities. lac. lobbviQe oa behalf of ihat e�iri �Z O�i�ial or e►nPlnyee meaos any officiat or �ployee of the couaty or the municipa{ities loceted 73 within the county� whether paid or unpaitk+m� The term °emplovee" includes but is not litnited 7a W eil ana , , 75 department, ' '�, , hesds and personnel of the co�mty or 76 the municipalities located within the county. The term also includes c�tract ogdsonnel and 77 contract administrators oerfo��g a govemtuent function. and chief executive officer who is not 78 vart of the locat �overnin_g bndv The tem� "official" shali mean members of tLe boerd of county 79 commissioners, a ma�or. meep,bers of local municipal goveming bodies, and members appointed 8o by the board of county commissionezs-eg, members of local municipal goveming bodies or 81 mayois or chief execudve officers that are not membeis of local municipal goveming�badv as SZ applicable, to serve ��y advisory, quasi judicial, or any oWer lward of the cuuaty, state, or any 83 other zegional, loeal, municipai, or corporate enfrry. &1 Outs3de enrployer or business iacludes: 85 �(1) AnY entity, other tliaa tite eo+mt3', the stete, or aay other federal. regioaal, local, or 86 municipai government entity, of which the official or employee is a member, official, director, 87 � proprietor. pa�mer, or employee, and from which he or she receives compen.satioa for s�vices 88 rendered or goods sold or produced, For p�uposes of this defiaiti�, "compensa6on" does not 89 iactude reimbwsement for necessary expenses, including travel expenses; or 90 (2} Any e�.ity located ia t8e comty ar which dces busiuess with or is regulatad by the comty 91 or municipality as applicable, in which t6e official or employee hes an ownership iaterest. For 9Z pwposes of this deSzlitiou. aII "pvvtte�ship ittCelest" shall mean at least five (5} percent af the tote! ( Z. 93 assets or common stock owaed by the offi«al or employee or any combination of the � 94 ' ' .__�i� � emplovee's household member� 95 �pouse. child steo-child. brother sister p arent or steo- parr.nt or a�erson claim� as a d ependent 96 on the offic�al or em,�loyee's lat�t individual fed�� tax ieWm 97 (3) the tenn outside emDtoyer or business shall not aap to aa e�lovee who is emoloved bv a 98 cerh&ed barea1nm¢ agent solelv to repr�ent emplog� . 99 PoTu� BeQCk County Cwnmission wr Etkics -means the coa�ission established in section 2-254 100 et seq. w administer and enforce the ethics regalatio� set forth heneein. and may a[so be refecred to� to as the "commission on ethics" in this article. 102 �rPerso�rs and entities s6all be defined to include alt '' pe�sons 303 fim�s, associations, joint ventu�es, Partne�shiPs. estates, �sts, busi� e'ties 10� syndicates, fiduciaries, aotpozations, and all other izations 105 Relative , � , '— . 106 107 unless otherwise gnecified in this ordin� m rs an Ln���a( w is relatcd to an of�icia! or 108 em ulovee as father mot_�* oa dau g,�te�, brother. sister aun� 5rst cousin. neohew. 109 niece. husband. wife. fathe; m�_,Igqr,_mothe�-in-law. son-in-law. daushter-in-law. bcother-in-law. 110 siste�ia-law. stegfather. steamotber. stepson, stendanghter, stenbtQthec, ste�sister�h�rQther. �il half sister gan .�,� ¢reat g�an�aren� ch'ld. �reat grandchild step�annt steg ii2 gteat arandoarent steo rendch sten ereat aandchild. netson wha is enQa¢ed to be m' to 113 the officiat or emplovee or who oth�xise hotds himy�if or hersetf out as ar isggneraltv wn 114 �s the �ersnn,whom the oR'icial or emplovee intends to marrv or witl�, whom the otFicial ar 115 �lovee inteads forr� a household or agY oiher natural �rson havine tl�e seme leaal li5 res�dence as the officiel or emnlovee• " 117 . . • � . . • • , . 118 ' 119 TrQrrsac�ion shall refer to gp�rct+A�. .+r sa (� y� countv or municip�liN of eoaL �* cervices 220 for a cons�deratioa �21 V�rrdor meaas anv person or entitv who has a pggd,�ng bid pmposal. an offer or regue.ct to sell 122 goods or services sell or lease rea! or nersonat p r or who carre�tiv sells or senrices iZ3 or sells or leases reat or nersonal �sroperty to the cot�uty ot munici�l'ity involved 'm �e subieci 124 conhact or transaction as aDpticable For the �.�*� +�ec �f this defin_�tiuon a vendor �atv includes 125 an ownet. duector mana er or em o ee 126 • 127 Sec. 2-443. Pro4ibited caaduc� 128 (a) N$euse of prrbtic o�''rce or employme�u. An oft'icial or emptoyee sLali not use his or her z29 official position or office, or take or fail to take any action, ot influence others to take or fai] to �3o take aay action, in a manaer which be or she knows or shouid kaow witL the exercise of 131 � reasoneble care wilt resutt m a s cial financial benefit, not ahared with siaWacly situated 13z m�eanbe�s of the genecat pnblic, for any of the following petsons or entities: 133 (1) HimselforherselF 13a (2) �ef-kisHis or her �el�-ieelu�ieg�e or domestic parhier�, �35 househoid member or �ersons claimed as dependents _ on the officisl or em»lovee'a latest 136 individua! federai inc ta= retum. or the emplayer or business of any of ti�se paople; � 3 137 (3) A sibling or stepaibling, cluld or s�ep-chiid, parent or step-parea� aiece or nephew, uncle or 138 sunt, or 8rat►dparent or grandchild of eithex himself or hecsel� or of his or her spo�se or damestic 139 parlaer, a the employet or business of any of tbeae peopie; 1e0 (4) An uutside �nptoy� or byginese of his a hers, or of his or her spouse or domestic psrtner, 141 � or someone who �ver{c�is known to such otY'iciat or eSnPloXee to worfc for such owside employer Za2 or business; 143 �(5) A customer or client of the officiat or �mployee's ou�ide emplover or busi�ss: sa4 (6) A aubstantial debtor or aeditor of 6is or hers, or of Ws o� her spouse or domesdc pazmet— 145 "substantial" for these piaposes s1�31 mean at least ten thOUSand dollars (S10,000.OQ) a� Shall �a6 not include fozms of indebtedness, such as a mortgage an�d note, or a loan bexwc� the official or sa7 empioyee and a financial instituaon; 1a8 I Cn A��ge�e�e�a1-civic group, union, social, d�eritable, or religious oreani�atioa or otfier la9 �t for profit orgaaization of which he or she (or Lis or her spouse ar domestic patmer} is an �50 officer or di�ctor. 151 EWb} Corrupt misuse of o� position An offici�l or emp lovee shall not use hi� or her official 152 �tion or office. or anv propertv or resoar� •��+•� �ay be wit6in (ris nr her ttvst to comwtiv �53 secure�,or atte pt to secure a seec�t privileee. benefit or exe�nvti� for himset� herse!£ or 154 athers For thepurr,oses of r�,is �+ " corraptl�' means done with a wronsfiil iatem and 155 for the ,�nrpose of ob �g,.or coqppeo,aating,�r receiving, comnensaUion for, anv bene,_,,.fit 356 resuiting from some act or omiss'on of an ofi'iciel w em2loy which is inconsisten witi� ti,� 157 properperformance of his or het,public duties. 158 jc1 Disctoserre oj voting aonfl3ct� Cotu�ty snd municipal offiaals as applicable s1n1! abstein 159 from voting and not participate in any matter that will r�ult in a�financiet bene5t es set 16U farth in subsecti�s (a)(1) througb ('� ab�ve.-�9�ee-ebstaisiag; t�ie The o$'�cial shatl publicly �61 disclose the nepue of the conflict and when atutainin� from the vote. sha�l complete and 51e a i5z State of Florida Commission on Ethics Conflict Fotm 8B pursuant w the requirements of Florida 163 Statutes, § 1123143. Simultaneo�ly witlt filing Frnm 8B, the official shafl submit a copy of the 16a completed fo:m to the co�a►ty coaunission on ethics. Officisls who abstain and disclose a voting 165 conflict as set forth herein, shatl aot be ia violation of subsection (a), provided the official does 166 not otheiwise use his or her office to take or fail to take any action, or iafluence othels to take or �67 fail to take any action, in aay other msnner which he or she Imows or should Imow wish the 168 � exercise of reasonable care wi�l result ia a special fu�ancia! benefi� aot shared with similarly 169 situated members of the general public, as set forth in sabsections (a)(1) thmugh (7�. 170 , (d) Contrcrctu�! relrrtionvhips. No officisl or empioyee shatl enter 171 into any contract or other transaction for �oods or services with their respecMive county or 172 municipality. This prolribitioa extends m ail contracts or uaneactions between th� county or 173 i nwniei�lity as applicable or any person or eotity ading for t�e co�mry ot municipality 17a as applicable, and the o$cial or emPloyce, direcc(y or inditea(y, or she oScial ar employee's 175 ontside employer or business, Any suc}� conhact, agceement, or bu�ness aaang�ent ente�ed 176 inw in violation of this subsoction may be rescinded or declared void by the board of oounry 177 cammissioners p�suant ca section 2-448(c} or by the local m�noicipal govemeag body pars�ant 178 to loca� ordinaace as applicable. This prohibition sha11 not apply to employees who e�er into 179 contracts with Palm Beach COUnty oi a 18o unici�itv as paR of their official dnties vyith the countv or that i81 munici�litv This prohibition ais shafl uot ann iy,� officials or emp iovee w ho nut�chase goods 182 from the countv or muoicipality on ihe sAme terms availabk to all members of the ou6lic This � 4 183 prohibeuon shall also not applv to advisorv board members �v,ided t�f subie� contcact or 184 uansacrion is disclosed at a duly noticed nublir me�ine of t� gQ�vemin�„b��the �ivisorv 185 board member's 'board provides no reguiation oversieM. manaeemen� or policy-settinn 186 rec'.ommendat�ons regacdine the subject conttaCt or tta�s��a. 187 E�1� �r+s mrd waiver. Thc tequiremc�s of ' n above 188 may be waived as �e�-per�ajt,pertains to advisory board membeis wh�e the advisorv 6osrd 189 member's board is purel�advisory and provides reeulatiou, oveisi�mana,�emen or nolicv 190 setting_,recommendatio� �dinn tLe sobj.oct coquact a 'on. No waiver shall be 191 a�lowed where the advisorv hoard member•s board is not t�a+etv advisorv and vi� 192 zev�iadon oversisht ma�oemmen� or o�h'cy�settina �qmmendations reaardin�the snbiect 193 contract or �anssction. Waiver mav be effected by the b�atd of county commissionere or by thc 11+1 locai municiQal �overniog body � applicable upon fssll disciosure of the �onh'act or transaction 155 �saei�E-prior to the wsiver and an a�tma6ve vote of t96 nlus one of the total membershio ef the boerd of county commiasionets or the la�l mnuicipal 197 g�vecnin$ body as applic�able. I,.,� instances L which appo_'� Ifte aslv➢sot� is made 198 bv ea individaal waiver may be etfected. a@er fiill disclosure of the conuacc or t�an�eti4gat a 199 uublic hearins, bv the annointins p rg� In addidon, no official or emptoyce slxll be held in 2oD violation of sabsection (a}�c{e� i� 2oi (1) The business is awarded uader a system of sealed, c�mpetitive biddiag to the bwest biddsr 202 aad: 203 a. The official or employee or member of his ar her household has in ne way paficipated in the , 204 determiaation of the bid speci6cations or We detenninaaon of the loweat bidder; 205 b. The atHcial or employce or member of lus or her household has in no aay used or attempbod ' 206 1 w use tAe ofFcial or employec's in4uencx to pe�suade the agenoS'.�o�ernmenta! entity or say , 207 persoanel thereof to e� suc� a contract other than by the mere submission of the bid; and 206 a'f'6e official or employce� pr�or to or at tLe time of the submission of the bid, Lss filed a 209 state�nent with the supervisor of elections aad t6e commission on et6ics, disclosing the nature of 210 the iaterest in the outside employer or business submiaing the bid. , 211 (2) An em�gency putchase or comract which would othecwise violate a provision of subsection 212 �(a�-eF{e�� must be mede in order W protect the health safetY, or welfare of the citiune of the 213 county or municipality as apQlicable. 214 (3) The outside employer or bussness involved is the only srnuce of supply within the cfluaty or 215 anmicipality as epplicable aud there is full disclosure by the officiai or employee of Lis or her 216 interest in the outside emptoyer or busiaese to the crnmty or muaicipality as aQplicable and the 217 ethics commission pri� to the purchase, rental, sale, leasing, or other basiness being tiansacted. z18 �(4) The totai �unt of the contracts or transactions in t6e ag�egate betwcen tl� outside 219 earployer or business and the county or muaicipality es apglicable does not excad five hundred 220 dollacs (5500.00) pelr calendar year. 22i �(5) Notwit6sta�ing aay provision w the coatrary, subsection (e�� shall not be cons�d to 222 prevent an employce from seeking part-time employment with an oucside employer who has 223 entered into a contract for goods or serrices with the eoupty or muaicipality as appficable 224 pmvided that: 27S a The employa or mdative of the empioyee d�es not wark in the county � mimicipal 226 depanment as applieable whieh aritl enforce, oversee or administer the subject eontract; and � 3 . 227 b. The outside empioyment wontd not inteifete witln � otherwise iuspair his or her 228 independeace of judgnnent or othe�wise interfcre with the fiill and faithful perfoanan�x of his or 2z9 her public duties to the connty or municipetity as applicable; and 23o c. the employee or relative af the empioyee hes not perticipated in deteimining the snbject 231 contract requirements or awardjng tl� conteact; aad 23z d the employee's job responsibilides a� job descriptioa wiU �t require him or her to be 233 invotved in the outside employer's cotttract in eny way mcluding, but limited to, its enforcement, Z34 ovetsigbt, admiaishatioa, �endme� ext�s�, ne�mitxti� or fau�bauance; and 235 e. the employee demomst�soes compliance with appiic�ble merit ruies reg�ding outside z36 employment aad obtsins writoen pa�missian from his or her supervisor, an�l 237 � I38 239 The 240 g�P� has obtained a conflict of ' terest wa� from the chi�{}dministradve fficer and the Z4i e�ploye�'s depargnent hegd of the crnLw or munici�mr � ou a find'� that no can�lict 242 e�cists The emolovee shall sub�nit ths mauest for waiver in writiQg and und� 'fhe reg�est 243 for the waiver shell be sim� by ttte emolovee uades oat�e ot affim�ation on an a�roved form 244 provided bv the Commission on Etli The �+*�ent shall contai writtea ackaowledgment of 245 som�liance with the provisions of [S�. throu�,� t5)e. of this subsecdon. ta�ther with such 246 pertinent fac�aod relevant dacumeets t�A� �onort such waivec Awe�ver under this subsection 247 ��st be app,��d bv both the emoloyee supgvisor and chief,�j�crstive IDcer af the 248 countv or municio,�,y The countjr ot municipelitY shatl re�ord sueh wai in the emolovee's 249 pers�nei file and shall submit ay�py.of the waiver and ail related documeats to the conomission ISU on etttics The comkiissi� on etlics io t,�ts discretion mav elect to review comment on, or 251 investigg�g��r waiver The commission on at ics review or imestistation shall aot delav an 252 �matoyee's ability to take t nert time emojq me ,G 253 {e�08'iciol law enforcernent overtime or ex�ra dutv detc�ls The prov'�,'ions of suFi e�tion (� 254 shell be waived for outside eanRtovment when that empjQvment consi� uf a certified p�u ice 255 a�cy uuifamed extemal sec�rity or e�a d3�}y detaiL contracted ot sdministiered �iy the oolice 256 aaencv as applicable For tbo_gy�pose of this subsectioa all reco�rds of extemaL extra dutv or ' 257 overtime securitv details inclt�id�pe�visor approval, idendtv of conuactin¢ »atties. and z58 includieg time date sad �gr of ciatail shn11 t� maintained bv t6e ip�.ividual castracting or 259 administra6qA,police a$encv records of which shall be accessible to We pubtic suhiect to state z6o uublic records disclosnre exemp,tions 26� � Accepting tra�oel erpenses. No officiai ar emplayee shall accept, directly or indire�tlY. ffiY 262 travel expenses including, but aot limited to, transpoztstion� lodging. meals, re�s�cation fees end 263 it�cid�mis from enY cow�ty or muoicipal contcactor, veador, service provider, bidder or pioposer 264 as appiicable. The board of crnmty cammissioners or Iocat municipsl governing body as 255 applicable may waive the req�irem�ts of this subsection by a majoriry vote of the board or tocal 266 m�micipal gaverniag body. The pmvisions of ihis subsection s6a11 not apply to havel acpenses 257 paid by other govemmeutal eptmes or by orgenizations of wlrich the county or municipality as 268 applicable is a member if the travel is related to that m�beiship. 269 I{� COIft�J{gC11t fCC�'p�jtbl�t071. No pe[sfln sbail, in whole � in patt, pay, give or agree to pay 270 or give a contingency fee to another peison No pe�son shall, ia whole or in part, receive or agtee 2n w receive a coatingency �e. As used herein, "contingency fee" meaos a fee, bonus, commissioa, . 2n or nonmonetary benefit as compensation which is dependent a� or im any way contingent un the � 6 273 pessa� defeat, or modificatien o� an ordiaancc, resolution, ac6on or daision of the boa�d of 27a county commissioners or local municipal goveming body as applicable, euY empioyee 275 author'szed W act on behatf of the boatd of caunry ca�iss'sonas o� local mamicipal 5��8 276 body as applicable, the connty administrator or mimippal admiinistrator as applicable, or any 277 acdon or decision of an advisary boerd or committr.e. This proLibition oes not applx to real 278 estate brol�ers whei► �*¢ in the course of their profession as reeeollated bv 66475 00l-4T5.501 & 279 Florida Statutes, as may be am�ded Not�,iiae in this sc�tion mav be constn�ed w urohibit anv �o sal�o�On &o �e �g�g in ie¢itimate governma►t businrss oa behalf of a com�env �r�► 281 receivina comoen.aaraon � commis�n as vat� of a bona fi� c��►acroat actsoaemgnt with that 282 com�uv �ovided such comn eoAar�n �.+ n,m.n;�:� is � A N ffid CllSt�MBtV lIl thC IIIdUStiY 283 Nothin¢ in this �cn�r ,�,� � 5 ��� �� ��� ��,D�q►� a c i in a 284 11�d1C1S� DiOCCCd1�S OI fOItRB� � intrwtivs� hn�na tmrcnant tn a r9DLaS�llt fEC Sf1804C(IICIN. Z85 (�} ,Fitu�sry ��plfcatio�rs for posi�Foirs No person seeldng to become an official or 286 emPloYee, or seeking w enter iato a c�tract to provide goods or services to dte co�mty or 287 muoicipaliry ss appliceble, may make any false statement, submit any false doeumeny or 28s kaowin8�y with�oid infor�tion sbout wrongdoing in c�nection with employment by or 289 services to tL� coanty or muoicipaiity as applicable. 290 �(!a� Disclattrre or use of certa�n information, A cuirent a foimer officisi or employee shall not 291 disclose or use iofotmation not available to m�►beds of the general public and gained by teason 292 of his or her official posidon� except for informatioa reiating acelusively to governmenta! 293 practices, for his or i►qr personat gain a beneSt or for the petaonal gain or benefit of any oWer 294 peT30A. 295 � , > > . 29fi 297 298 Sec. 2-444. GiR law. �99 (a� No county eommissioner, member of s local governing body, mavor or chief executive 300 when not a member of the ¢oveming,�odv os employee, or eny other pecson or bnsiness entity 3oi on his or ha behai� shaii lmoaingly solicit or accept direcfly or indirectlY. �Y 8� with a vaIue 3v2 of greater than one hundted dollars ($100.00) in ti�e aggreeate for tbe ca(endac vesr from any 3a3 person or busittess ontity that the recipient knows. or shouid I�w with the exarcise of 3oa reasonable care. is a vendor, lobbyist or any principat or employer of a lobbyist who lo�bies. 305 sells or leases to the couaty or �g�gcipalitL+ as applicabie. 306 C2) No vendor labbvist or orincipa! or emutoyer of a lobbvist that lo6bies the countv or a 307 �unicipaGtv shall knowinglY give ciirectly or indsecdv anv eift with a value �r than one 308 hundred doilars (S10a 00) in tLe aggreeat� fQr the caiendar y��,o a a���wbo the vendor 309 lobbvisl� or tmncipal ltnows is n nfi�r.ial or emp l,�vee of that countv ar mup ioipglt� j FQr the 310 �urposes of this subsection 2-444J,a�4�, the tecm vendor also inclades aav oersoa or entitv that 3i1 because of t6e �.sure of their +ciness may reap�nd to an invitation to bitL reaueat far nroposal 312 or ot procurement ov�ottwtitv that has been o��he.�bv the coimty or a mumici�li!'+'- 3�.3 (b�l} No advisory bosrd mem6er, or any other person on his or her behel� shali imowingiy 31a solicit or accept direct{y or indirectiy, aay gi{} with a value of gteater than one hundred dollars 315 �($100.00) i�the agg�egate for the c�tendat year fi�om �y vendor. lobbyist, or any principal or 316 employer of a lobbyist, who lobbies tbe recipient's advisory boerd, or aay county or manicipel 317 I depa�tment as applicsble that is subj�t in any way ro the advisory board's suthority. influence or 318 � advice, � � 7 319 4e?—(21 No vendor labbvis� or principal or emJ►lover of a loUbviist who lobbies an advisory 320 board or anv councv or m�cipal deogctment that is subject 'u anv wa to advisotv bosrd's 321 anthority influence or sdvice s6alt 1mowL�tygive ��ly or indirectiv a�4ift with a value 322 greater than one hundred dollars t$1 � 00) ia the QareQate for the caiendar vear w a persoa who 3z3 the vendor b ' t, or principal knows is a member of that a�visotx6oard. for the p�rposes of 32a this subsecfion 2-444(bN21 the term v�dor�nc�udes am oerson or e�tily that because of 3z5 the nadue of Weir bus��.c_ mav respond to an invitation to bid request for ,�mtw�si or other 326 prceirtement oonordmity that has bee� �ublishec�by the countv or a municivalityr, 327 i� No countv,�,�ner member of a local aovemin¢ bodv mawir or cttief executive 328 of6cer when not a rnemher of the govemin¢ bodv or emolovee. or atry other,person or business 329 �h+ a� his or her behal£ shall knoarinoiv so icit a aift of eav �ralue fmm any ners�on �r business 330 �tity that the recipieat knows is a vendor lobbyist or anv nrincinal or emolover of a lobbvist 331 where the gi8 i� for t6e nersonal benefit of the ofSciai or emplo�ee another official or 332 e�r4plo,�ee or aay retative ar household membcr of We of�cial or emnlovee. No advisorv �d 333 member or � other oerson or business entiri oa his � 6er behal£ shall kuowinlv o� licit a,g� 334 of any vatue from anv per�on or business e�titv that the recinient knows i a vepdor lohbvist or 335 �princi�al or emnloyer of a lobbvist who lobbies the recitiient's advi�►rv boatd. or an,v «nuunty 336 or municipal department as aonlicable that is sutajecc in anv wav to the adrisos�ard's 33� author�y iafluence or advice where the giR is for the personai benefit of the advisocv board 338 member. another euivisorv board member or an official or aav relative r household mber of 339 the official or emnjoyee. 3a0 Ld? For �urnosss of this sec�goa a��or r.mutover of a obbvist shall inctwle any ofFicet 341 partner or director of the nrinci OI Ci�DIOVCt GRLtjr or anv e nr�lovce of a,�incipal or 3a2 �npJ,over who is not an officer pertner or director oroyided that the enp�lqyee knows or should 343 (cnow with the exercise of reasonable cere that the nrineig�,l or emo[over employs a tobbyist 34a �No person or entity shall offer, give, or agree to give sn official or employoe a giR, and no 3a5 official or employee shall accept or agrce to accept a gi@ fian a person or entity, besause of: 3a5 (1) An officisi public action taken or w be takeo, or which coWd be taken; 347 (2} A legal duty peiformed or to be petformed or which could be prafoimed; or 3as (3) A legal duty violsted or to be violated, or wbich could be violated by aoy official or 3a9 employce. 350 (�-f1 Gift reports. Aay official or empioyee w6o receives a gift in excess of one hundred doUacs 351 ($100.00) shall teport thet gift in accordance with this section. 352 {1) Gi;/t reports for o,�cials and eniployecs identifred by state law Qs reporting iadivid�als. 353 Those persons requit+ed to report gifts pursuant W state law shail report those gifts in fhe manner 35a provided by Florida Statutes, § 112.3148, as may be amended. A copy of each report shall be 355 filed with the conaty commission oa ethics. 356 {2) All other officials arrd employees. 357 . who are not renorl�,fndividuals wrder stare Jaw. 358 a Personal Gifts All officiels and emgloyees who ere not repQrtina �dividuals un er stete law 359 are not req►2ired to repo�t �i8s in excrgg,of on� hvndted dollars i�100 001 so lone as thase sitts • 360 are givea W the ol�cial or q�ployea by a ne�ssooal friend or co-worker end t6e circurostances 361 deatonstrate that �,ie motivation f t6e ¢�ft was the vetsonal or social reiationship rather than an 362 a�teinot m obtaiu the goadwill or otbeiwise influence the offici or emolovee in the nerfomiance 363 of his or her official dutie� Factors to be cm�iderEd in detem�inina whether a QiR was 364 motivated bv a personal or s relAnonshia mav indude trut shall not be iimited to• whether { $ 365 the relatioaship bep.an before or efter the officiat or ec�lovee obtained his or her otlice or 3fi6 positioa: the p�ior historv of a�tt '�tving between the individuats• wh er the '�was given in 3b7 connection with a holidav or other sp�i��,asion• w the donor personativ oaid for the 368 rtift or soueht a tax deduction or busineas reimMtt�sement and whethe ttie donor ve s' ' 369 �s to ather officials or eg�gloxees at or ncar the seme time If tLe persnnal friend or co-woiker 370 �s a vendor lobbvist or arincinat or empiovet of a lobbvist that lobbies the countv or 371 mvaici 'tv as agplicable then the off�ial � emplovee shall not �cept � gjft in e�ccess of 3n �loo.00;n ac�dence w;m $ubs�tio� raxn ana (bx�� . 373 b AU other eihs Al1 officisis or eg�plovecs who are not reportin individuals nnder ssace law 374 and who t�eceive any ttift L excesc ef one hundred dollars f$100 0�� which ' not oWecwise 375 exclnded or urohibited �ant to tfis subsecti� sLall camplete ead su�uit an annual giR 376 disclosure report with the cw�mty Commissiot� oa �ics no later thsn November 1 of each year 377 { beginniag November t, 201 L, for tl�e period e�ding 3eptember 30 of each year. - At��1 378 � officials or employees who are n�e�Ortiag 'vndivi under atate law snd who do not rcceive 379 a giR ia e�ccesa of one handred dollars ($100.0�) during a given r�ortiag p�iod shall not 5l� an 38o annual gift disclos�re report. Tha anQUal �R disclosure repo�t shall be created by the county 381 commisaion on ethics and shall be in a form substantialty similar in contem as that requi�ed by 382 state law. . 383 Ee} 384 �, For the pwposes of this section, "gif3" shall r�fer to the haasfea of auuything of eca��ic 385 value, whetber ia the farm of money, service, 1oan, travel, entertaiament, hospitalitY. item or 386 promise, or in atry other fam, without adequate and lawfut consxderation. Food emd beve� 38� cons�nmed at a single setting or a meal shall be considered a siagle giR, and the value of the food s88 �d beverage provided at that sittin� or meal shall be considered the value of the giR.�n 389 determining the value of the �i&, the recipiem of the gift mav nsult emo�g other sources 390 section 112 314$ Florida Sta,�utes an� the F1ori��Administret�ye Cade as mav be amended 393 (1} Excepaons. The �oviaions of subsec6on (e..{g} shall not epply to: 392 a. Political conhibmions specifically authori�ed by stetc era law; 393 . ' 394 " " - > 395 , > . � 396 , > , + • 397 e:b fi�fls from relatives domestic ommers and depe.ndents na+g,ed on khe officiai's or 398 g�nglovee's latest federal income tax retoin or one's household member 359 c. Awerds for professional or eiviicivic achievement; aoo d. Materials such as books, repoits, periodicals or pamphlets wUich are solely informatioml or aoi of an advertisiag na�ue; a02 e. Gifta solicited ur acceoted by county or municipal offi,�als or ennployees-es-eppkeable-es 403 404 , 405 . as a06 applicabie on behaif of the county or muaicipality in performance of their o8'icial duties for use 40� sotely by the wuaty or municipality ' or a j►u,�,ilic �ur,pose: �8 ltLA wr Ynn� �__ ..� 7 C w 1O 7e n�. /1..,t 7d., nnfn nA4 ... A A�10 )p1 �..w. a. .�z s 4p9 f. Publiciv advertised offers for goods or sarvicas finm a vendor under t�e, same tetms and ai0 c�ditions as are offered or made avaiiabie to the �eneral �blic• � 9 411 �. Inhesitauce or uther devise• a12 h. ReQist�ation fees and ot,y,er reiated costs associated with educational or eovean�ntal as3 conferences. meet�ngs or seminacs and travel ex�ses either rn�oaer[v waived or inaQpliceble 414 aursuagt to secdon 2-4431fl orovided that atte�dance is for vemmental au�}�oses. and 415 attendance is related to their duties and rg��c�ibilities as an Qfficial or eamlavee of the �o,�nty 416 ormtmicipalitv: 417 i. A ticket pe s o� dm�s�n in m�c��on pv',b,,,th m�hli� events aooeacences or ce�ecaonies 418 related to official cou�.y or �micinal busines� if �ed bv a nonurofit s s�or w�aanization a19 of such nublio eveet or if fiaaished aursusnt to a coniract we� the e nt'�non-�6t 420 soonsor and the countv or munigj_,�IitY„as app6cabl� nmvided the soonsor oreattization docs not 421 �pioy a lobbvist and�Qrovided the ticket, Qass or admission is eiven by �reoresentative 422 of t6e snonsor om.anization who is not otherwice a vend� lobbvist drinc' or bvea of a 4z3 lobbyist Notw'ithsfan�a the e:ceotion as �rovided in this,��bsectioa the 6cket p� 424 admiss,�',on must be di�(�ed i*1 aa:otdance with the ' law re�ortina reauirements of 425 subsections2-4441fl[tl�ipdffl(2)• a26 j�,E ct�euditures made in connection with an event s�onsoted bv a non�zofit otgeaazation f�nded a27 in whole or in part with nublic fi whose p�5uiction is encoura�,e and attract toi�ism 428 or oWer business o�pgrt�nities for ti�g be�6t of Palm Beach CountY or the mnoicipali "es as 429 applicable, provided the suonsor or¢enizetion does not emplov a lobbvist end furtbei grnvided 430 that the invitstion to ihe svent is m�e by a renresentative of the �r�onsor or�enizstion and the 431 representadve is not oi1+e�+se a vendor lobbvisk princioal ar �nnlov�,r of a lobbvist 43Z IVotwithM»���Q the excgp,d9gas provided in this subsecdon. the ea'nenditur� must be dicslo� 433 in aecordanee with tlie gift Iaw�rtlAg recLuir of subseetions 2-444f eed fEU21 . 434 S�?i Solicitation of Contributions on Behelf of a Noa-Pro t Charitsble 'zeti �. 435 ( I l NotarithstandinQ tbe �ohibi6on on aiRs as ouHines� in subsection 2-444(a1 and 436 (bl the solicitation of fun� bv a eountv or municinal o�i'icial or emp�oyee far a noa- a37 profit charitable,q�, ization as detned nn the Intemal Revenue Code is permissible a38 so long as there is no au:d pro guo or other su�ciai consideration. includiag anv diiect or 439 indirect speeial fi�nancial bene6t to the official or ovee or to the pe�sop Qr �ritv 4ao be�_soticited The solicitation bv en official or eq�ylo e�c contemolated Itereia is 441 ex�slv pr�6ibited if mads to any �nor endtx,with a„�,►endin� aunlicati�for aa2 approval or a of ���I�efare ch_e countv or muaici,oalitv as aorlicabte 443 (21 To promote the futl and com�tete tcansoarencv of any sush solicit�gon, officials 444 and emnlovees s6a11 disctose on a form nrovided by the Comanission Qn EUtics. the name 4a5 of We charitable organization the eveat for which the fimsl�were sol�'cited the naE►��of 446 anygeison or entit�Wat waa eontacted reeardina a solicitation or uledee�iy the official 447 or e�lovee. and the ount of the fimds solicitefl or piedaed if lcnown 'Che form sbal! a48 be completed teeiblv and shatl be Sled with,� Commiss�on on Ethics The foron shali a49 be filed within 30 day�„ fram the �cus�rencs of the �vgnt for whieh the so�icitation tvas 454 made, orif no event within 30 davs from the occurrence of the licitation. 451 f3L Ofl'icials and emplovees may,not u�sg county or m�micio�l staff or other countv or 452 munieinal resources in the solicitation of chazitable contributioas d�eri� 453 su tion. 454 455 Sec. 2�145. Anti law. I � 10 a56 An officiat may not appuint, �mpioy, promote, advance, or advocate for appointmcnt, 457 emploYment, Ptomotion, or advencement in or to a positioa in the co�mty or muniap�slity as 458 applicable in wdich me o�cial is serving or over whic�h the of6cial exercises jurisdicdon or a59 con�ol, my indiviciaal who is a reiative s€�e-e�e�alor do � _,_,oarmer of the qf�icia!_ An 460 individual mav not be a000inted.,�e plove� nmmoted or advanced in or w a,}x�sj,ti� in the 461 countv or a mtmicina(itv if such;ppoiamoent emplovmea� p or advancement � been 462 advocsted by an officiaL senrine in or exercisin¢ jnrisdiction or ca�ntral over the countv or 463 m�micipalitv as a�nm4riare �hq � a rela6ve or domestic oertner of che indiviclual or if such � BPPo��o�- �►nloyment promotion or adv�cement is made bv a collegial bodv of which a 465 retative or domestic oarmer of tl�e 'n�ivi�� is a member However this section l+etl not applv a66 to apgoiatments w bosrds other tban those with 1 n DI8pA1D$ OI T lR tItOSC a67 municipatities writh �,ess than 35.O�Q noonletion. ?his sectia�n does not au� to pgy�as senring ia 468 a votimteer cauacitv who orovid emerpmcv medic�t. firef�ghting, or nolice se,rvices Such 459 aersams mav receive. with�t (osing their v unteer stad�s. nimlwrsement� for ii+s cests of snv 470 trai�}�Ltl►ev get relat__, i__�,_n¢ to the.D�vi_a�on of volunteer emerge,�y medical. Fice,figh '� or pQlice 471 services aod Ravment for ar►v incidentai ex��c relQtin¢ � those services thet Wev provide a72 M� of bud¢ets sLA11 not be c�fficie�t, to constidrte "iutisdiction or eo�trol" for We a73 {�poses of this sectian. a74 .(1)� For the purp�es of t�is section, " officiat" means aay offteiat or employee in wham is a75 vested the authority by law, fvle, or regulatiaa�, or to whom the suthority has beea delegaoed„ W 476 appoint, employ, promote, or advaace individuals or w reeammend individuals fra' appointment, a77 employment, �omotion, or advancement in connection wttit emplo�nt ia the county or 47s muoicipality as applicable. a79 {2) For the putposes of this searon, "retative" means spouse, pareat, clrild, sibling, uncle, aimt, 48o fust cousin, nephew, niece, father.in.law, mother-in-law, son-in-law, daughter•in-law, brot6er- 4s1 m-taw, sister-ia-law, stepfather, stepmother, stepson, stepd�r�ghter, stepbrothet, stepsister, half- 4sz brother, or half-siscer. 483 lAr�i��in enne �c� �� � c c � e i c nn� � r ���-�.�-or� 484 485 486 Sec. 2-44G. Ethics irnfniQB- a87 (a) OfSeials and employees, as pnblie servents, are cflnsidercd stewerds of the pubGe trust and 48s s6ould aspire w the highest level of integrity and character. Offiicials and employees shall be a89 infonned of their ethicel responsibiliti�s at the stast of their �blic service, aad shall receive 4so updates and training a�tcriais on etliies issues Wroughout the span of their public service. The 491 county administiawr or municipat administrator as applicable shail establish by policy a 492 mandetory training schedule for all offieiels and employees wUic6 shall include man�atory 493 periodic foUow-� sessions. This policy may also addre�ss etdics training for �dties that receive 494 county or mimicipal fimds as applicable. 495 (b) Tbe commission on et}rics sball dcvetop aod deliver, or contra�t with otha entities to 496 develop and delivcr, ttaining pmgams, 'i7ie c.ommission on �hics shall coordinate snd cooperate 497 wi�h sll affec�i coun�y or municipai enaties, departmencs, sge�ies, b�Ms, counds and 498 commissions to ens�ue that effective end meaaingful uaining experiences are delivered in a 499 timely and et�cieat maaner. 500 f . . , , , 501 � 11 502 Sec. 2-447. Noninterferepce, 5D3 It sha111�e a viotation of this article for aay person: (a) to retaliate against, pm�ish, threaten, 5oa l�aarass, or P�� �Y P�n f� communicating, 000perating with. or essistiog the cammission 505 on �hics a die wsPecto�' Benaal; or {b) to interfae, obsttuct or attempt to interfere or obstruct so6 � without v�tid !e¢a! basis siry investigation canducted by the comm�sion on eWics or t�e 507 iOSpeCt� geRCa81. 508 , • � .. , 509 530 511 Sec. 2-448. ABministrstion, enforcemertt sad penalties. 512 (a) The cofiIDission on ethics shall be �powacd to review, istterprc; rendet advisory 513 opinioas, and enforce tbis code of ethi� putsuant tD the procedutes esfabGshed im the coanty 534 c�ommission � et6ics ord�, J���� of the co�nmissian on ethics witL respect to 315 advisory oQinioas rendered aLall extend �o all cwnty and mnnicipsi officials and employees. and 516 all other persons and entities required �o �mpiy �,y� ��isi�s of t6is code and the couaty 517 lobbyist iegistr�ation ordir�nce, including but not limited to lobbyists, their emplayeis aud 518 prinCipgis, and coIItractprg and yendoig. 519 (b) A fanding by the commi�i� on ethics of a violarion of atry pazt of this aKicle shalt sabject 52o tl�e person or rn � vtt' ,to pnbiic reprimaad, a Sne of up w five hundred dollars (5500.00), or both. 521 Tiu commission on ethics may also order the Petson r�ti� ro PaY resti4ttion when the peason 52z or en "� a t�d perty b� ��ve� a pecunisty b�nefit as a tesult of the peraon's violation. 523 (c) Upon a finding of the commission on ethics that a violation of t.�is atticte or the tobbyist 524 registration ordiaance resulted ia a coatrect, Brant, snbsidY. license, Petmit, rrauchise, ose, Szs certificate, development ord� or other benefit c�oanfeirred by the couaty or mwicipaiity as 5ZS applicable, then s�ch e:on�act, 8rant snbaidY, license, Permit, &anchise, use, certi5cate. 527 developmeat order or otiur b�efit may be rescinded or declered void by the boacd of county 528 cornmissioners or the local muaicipal govemmg body as applicabte. Sz9 I{d} The comnnission on ethics may in its di�on nf� '!1 violati�s of se�dons 2-043, 2- s3o n�w(a� i-444(b1, 2-�44(�!�?-�gL�, � i-aa7 to che s�e atton,ey. ru�suenc to F(orias s�, 531 § 125.b9, a persan who violates the sectians of the aficle set foreh in this seetion 2-448(� sLall 53z be subject to prosecution ➢n dte name of the state in the same mawoer es first degree 533 misdemeanars aze pmsecuted, and upon conviction, such pe�n shall be punisLed by e fine not 534 to exceed one thou�nd dollars (Si3O00.OQ), imprisonment not to exceed one (i) year, or botL. 535 . , � � • . . . . 536 . . 537 538 5�9 540 �eee�eett � u AITACHMENT 3 Summary of substar�tive changes A Added definition of Lobbying to match county bbbyist registrallon ordinance D Added definition ofvendor D Added prohibition of corrupt misuse of officiaf position: An oflicial or employee may �rot com�ptly use huc or he� official posiUon to secure a special privilege for a�y person. Ccrruptly means done wtth a wrongful intent and for the purpose of obtaining a beneflt from an act of ihe off'iciai or empioyee which � inconstster�t with the proper performance of public duty. D Amended cantractuai relationshipsJadviwry board waivers: Prohibition does not apply and walver is not required for an advisory bpard member whose tontract ar trdnsaccio� is disclosed at a publk meeting of the board, provided the board does not regulate, oversee, manage or set poNcy regardi� the contract or transaction. If the board (s purety advisory and provides � oversight, regylatiun, managemetrt or policy regarding the coMract or transaction a waiver wili be required. IF the 6oard 'a not purely advisory, no waiver is permitted. ➢ Amended regulation of outside employmeM for coumy and municipal empfoyees: Emptoyees �y seek outside part-Ume employment provided they comply with the conflkt of interest provisions of the waiver section and flte a waiver form, under oath, approved by their department head and the chief administrative officer of the county or munkipaiky. Police agency extra duty detatis wntracted or administered by Me agency are exempt from the waiver requiremems. Recorcls maintained by that agency must be available for public review. . D Amended Gift law prohibitions: elected offkials and employees may noi solkit or accept gifts with a value greater than $i00.00 in the aggregate per cale�ar year ftom a vendar, bbt�yist, principa) or empbyer of a lobbyist. Vendors, lobbyists, prfncipak or empioyers cf lobby�ts may not give gifts wtth a vatue greater tban $300 in the aggregate per calendar year to an offic�l or empioyee of the enttty they contratt with or lobby. Adviwry boa►d members and vendors have the same prohibition, app�qble ta any vpndor, lobbyist, principai or employer of a lobbyist who aontracts or tobbies their board ar de�rtment. D Added gift solicitation prohibition: Na officiel or employee may sfllitit a gift of any value fram a lobbyat, principat, or vendor for his or her personal beneftt, or the beneflt of any relative, househoid member, cr other official or employee. D Added exciusioa for tenain perscnaf giRs: Non state reporting individuals do not have to report gifEs in excess of $10Q.00 recetved from personal friends provided the friends are not vendors, lobbyists, pri�ipals or empbyers of lobbyists. ➢ Additionai exceptions to the gift law indude: 1- Publicly advertised specials, avai�ble to members of the generel publir, 2- R�i�tration fees and travei expenses for educatiooal oonfere�ces wt+ere the atteada�e is related to ofticial duties; 3- Public event t3ckeu, etc. furnished by a non-profit sponsor wha does not emptoy a bbbytst so long as the ticket is not given by a vendor, lobbyts� p�ineipal or employer of a lobbyisr, 4- Expenditures made in wnnection with an event sponsored by a non-profit orga�aation funded with public funds whose primary furrction is to encoorage a�d amaet towism and business opportunities to Palm Beach CouMy prrnrided the orga�ization does not �nploy a lobbyist and the irnitation to the event is not made by a vendor, bbbyist, principal or employer of a Mbbyist; 5- Solicitations of contributions on behalf of a non-proRt charita6le organization with the maintenance a�d fipng of a tflntact log; 6- Inherkance. � ➢ Anti-nepctism law adopts the state iar�guage to indude wtunteer as weli as pafd pasitions.