The Conflict of Interest and Code of Ethics ordinance establishes the minimum standard of ethical conduct and behavior for elected officials, public employees, members of county and municipal advisory boards and quasi-judicial bodies.
Transacting Business
Employees may contract with the county or the municipality by which they are employed as long as they are not involved in the award of the contract, in determining contract provisions and enforcement of the contract.
Elected officials, city or county managers, department heads, city and county attorneys and advisory board members may not contract with the county or municipality by themselves or through any corporation in which they hold a controlling financial interest unless they are eligible for a bid waiver as provided in Section 2-11.1(c).
Employees may not contract with their own department even if they are not involved in award, enforcement or oversight of the contract.
Immediate family members (spouse, parents and children) are also prohibited from contracting under the ordinance A controlling financial interest is defined as ten percent or more.
Voting Conflicts
Commissioners may not vote on matters in which they would or might profit or be enhanced by the vote.
Commissioners may not vote on any matter in which they have any of the following relationships with the person or entity seeking a benefit:
- Officer, director, partner, of counsel, consultant, employee, fiduciary, beneficiary
- Stockholder, bondholder, debtor or creditor.
Commissioners may not vote on matters or participate in discussion regarding matters in which the decision will affect them in a matter distinct from the matter in which it will impact the public generally.
Gifts
An elected official is prohibited from soliciting or accepting any gift because of:
- An official action taken;
- To be taken; or
- Which could be taken
A gift is defined under the ordinance as anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise without adequate and lawful consideration.
The following items are exempted from the definition of gift under the ordinance:
- Political contributions;
- Gifts from relatives and members of one's household;
- Awards for civic and professional achievement;
- Informational books and pamphlets;
- Gifts solicited by employees for official use by the county or municipality; and
- Gifts solicited by commissioners on behalf of the county or municipality in conducting their official business. All gifts or series of gifts which exceed one-hundred dollars in value must be reported.
Exploitation of Official Position
An elected official may not use or attempt to use his or her official position to secure special privileges and exemptions for himself or herself or others.
Prohibition on Use of Confidential Information
Elected officials, city or county managers and attorneys, employees and advisory board members may not accept employment or engage in any activity that may require or induce them to disclose confidential information acquired through their position; and
shall not use such information for personal gain or benefit.
Financial Disclosure
Elected officials must file financial disclosure forms with the Department of Elections by July 1st of each year including the July 1st following the last year the person has held office.
Elected officials may file either of the following:
- A copy of the person's or firm's current federal income tax return;
- a current certified financial statement on the form approved by the State of Florida; or
- an itemized source of income statement.
Compliance with state financial requirements satisfies the code's financial disclosure requirements.
Candidates for elective office are also required to satisfy financial disclosure requirements.
Outside Employment
Employees and departmental personnel may not receive compensation for his or her services as an officer or employee of the County or city from any other source except as may be permitted.
Employees and other departmental personnel may not accept outside employment which would impair the performance of his or her public duties.
Two-Year Rule
No elected official may for a period of two years after they leave office lobby any county or municipal official or employee in connection with any proceeding, application, bid, RFP, RFQ, request for ruling or other determination, contract, claim, controversy, charge, arrest in which the county or the municipality or any of its agencies has any interest.
The provisions of this section do not apply to persons who are employed by government entities, 501(c)(3) non-profit or educational entities who lobby on behalf of said organization.
Any elected official who left elective office in the two years prior to February 1, 1999 must submit an affidavit certifying that they were not directly or indirectly involved in the matter on which they are lobbying during their county or municipal service.
Cone of Silence
The Cone of Silence prohibits oral communication between vendors, bidders, lobbyists and the county or municipality's professional staff including the manager and his or her staff between the time that the bid, RFP or RFQ is being drafted by the Department of Procurement Management or the issuing department and the written recommendation of the city or county manager to the county or city commission or council.
The Cone of Silence also prohibits oral communication regarding the bid, RFP or RFQ between the Mayor, County or City Commissioners and their respective staff and any member of the county or city's professional staff between advertisement of the bid, RFP and RFQ and the manager's written recommendation.
The Cone of Silence does not apply to communications with the county or city attorney and his or her staff, communications with the technical assistance unit of the Department of Business Development regarding CSBE or minority business programs, duly noticed site visits and emergency procurement of goods or services.
The Cone of Silence also does not apply to pre-bid conferences, selection committee presentations, contract negotiations or presentations before the Board of County Commissioners or a municipal commission or council.
The Cone of Silence does not prohibit communications between a vendor, service provider, bidder lobbyist or consultant and the Vendor Information Center staff, the procurement agent or the contracting officer as long as the communication is limited to matters of process or procedure.
The Cone of Silence does not prohibit the communications between the procurement officer or the contracting officer and a member of the selection committee as long as the communication is limited to matters of process or procedure.
Prohibited Business Transactions
No elected official, member of an official's staff, county or city manager, assistant county or city manager or department director may enter into a contract with a person or entity that is doing business with the county or the municipality of which the covered person is affiliated unless the transaction is an arms-length transaction made in the ordinary course of business.
No elected official, member of an official's staff, county or city manager or department director may enter into a transaction with a shareholder, partner, officer, director or employee of said contractor.
A person covered under this section may enter into a contract with a not for profit corporation.
Business transaction is defined in this section of the ordinance as "any contract wherein persons either sell, buy, deal, exchange, rent, lend, barter real, personal or intangible property, money or any other thing of value or render service for value."
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