HomeMy WebLinkAboutcode of ethicsRFP TITLE: Purchase of Thermal Imaging Cameras RFP NO: (04)A-02
ARTICLE II. CODE OF ETHICS*
*Charter reference(s)--Standards of ethics, 3 7.01.
Cross reference(s)--City commission, 3 2-16 et seq.; officers and employees,
2-251 et seq.
Sec. 10-16. Applicability.
This article shall be designated as the city code of ethics. The code of
ethics shall apply to all city personnel as specified and as defined in this article
and shall constitute a minimum standard of ethical conduct and behavior for all city
officials, autonomous personnel, consultants, quasi-judicial personnel, advisory
personnel, departmental personnel and employees of the city.
(Code 1972, 3 2-90(a))
Sec. 10-17. Definitions.
The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
(1) Advisory personnel means the members of those city advisory boards,
committees, commissions and agencies whose sole or primary responsibility is to give
advice to the city commission and staff.
(2) Autonomous personnel means the members of semiautonomous authorities,
boards, committees, commissions and agencies as are entrusted with the day-to-day
policy setting, operation and management of certain defined city functions or areas
of responsibility, even though the ultimate responsibility for such functions or
area rests with the city commission.
(3) Commissioner means a member of the city commission, including the mayor,
as duly constituted from time to time.
(4) Compensation means any money, gift, favor, thing of value or financial
benefit conferred in return for services rendered or to be rendered.
(5) Consultants means all persons, firms, corporations, partnerships or other
business entities who render professional or consulting services to the city, who
are not employed by the city and are not persons included in the terms defined in
other paragraphs of this section. Such services shall include, but not be limited
to, legal, accounting, engineering, landscaping, architectural and land surveying
services. Any reference in this section to a person who is a consultant shall also
include any firm, corporation, partnership or other business entity which is a
consultant.
(6) Controlling financial interest means ownership, directly or indirectly, of
ten (10) percent or more of the outstanding capital stock in any corporation or a
direct or indirect interest of ten (10) percent or more in a firm, corporation,
partnership or other business entity.
(7) Departmental personnel means the heads of the various city departments and
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RFP TITLE: Purchase of Thermal Imaging Cameras RFP NO: (04)A-02
the city attorney and all assistant city attorneys (if such city attorney or
assistant city attorneys are employed on a full-time basis directly by the city).
(8) Employees means salaried personnel employed by the city, not included in
the terms defined in subsections (1), (2), (3), (5), (7) and (10).
(9) Immediate family means the spouse, any parent and any children of the
person involved who, at the time in question, reside with such person within a
single household.
(10) Quasi-judicial personnel means the members of the boards and agencies of
the city which perform quasi-judicial functions.
(11) Transact any business means the purchase or sale by the city of specific
goods or services for consideration.
(Code 1972, 3 2-90(b))
Sec. 10-18. Prohibition on transacting business with the city.
(a) No person included in the terms defined in section 10-17(1) through (3) or
(7) through (10) shall enter into any contract or transact any business in which the
person or a member of the person's immediate family has a financial interest, direct
or indirect, with the city or any person or agency acting for the city, and any such
contract, agreement or business engagement entered in violation of this section
shall render the transaction voidable by the city. Willful violation of this section
shall constitute malfeasance in office, and shall effect forfeiture of office or
position. Nothing in this section shall prohibit or make illegal the payment of
taxes, special assessments or fees and charges for services provided by the city;
nor shall anything in this section prohibit or make illegal the purchase of bonds,
anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time. Nothing in this section shall prohibit
the making or entering into of any contract or transaction which solely creates,
defines or specifies the details of the relationship between any person and the
city, which relationship is described in section 10-17(1) through (3) or (7) through
(10) .
(b) The requirements of this section may be waived for a particular
transaction only by the affirmative vote of four -fifths of the city commission,
after public hearing. Such waiver may be effected only after a finding by four -
fifths of the city commission that:
(1) An open -to -all sealed competitive bid has been submitted by any person
defined in section 10-17(1), (2) or (10);
(2) The bid has been submitted by a person on firm offering services within
the scope of practice of architecture, professional engineering,
landscaping architecture or registered land surveying as defined by the
laws of the state, pursuant to the provisions of the Consultants'
Competitive Negotiation Act, and when the bid has been submitted by a
person defined in section 10-17(1), (2) or (10);
(3) The property or services to be involved in the proposed transaction are
unique and the city cannot avail itself of such property or services
without entering into a transaction which would violate this section,
but for the waiver of its requirements;
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RFP TITLE: Purchase of Thermal Imaging Cameras RFP NO: (04)A-02
(4) The proposed transaction will be in the best interest of the city.
Such findings shall be spread on the minutes of the city commission. This section
shall be applicable only to prospective transactions, and the city may in no case
ratify a transaction entered in violation of this section.
(c) This section shall be taken to be cumulative and shall not be construed to
amend or repeal any other law pertaining to the same subject matter.
(Code 1972, 3 2-90(c))
Sec. 10-19. Further prohibition on transacting business with the city.
No person included in the terms defined in section 10-17(1) through (3) or (7)
through (10) shall enter into any contract or transact any business through a firm,
corporation, partnership or business entity in which he or any member of his
immediate family has a controlling financial interest, direct or indirect, with the
city or any person or agency acting for the city, and any such contract, agreement
or business engagement entered in violation of this section shall render the
transaction voidable by the city. The exceptions contained in section 10-18 also
apply to this section.
(Code 1972, 3 2-90(d))
Sec. 10-20. Gifts.
No person included in the terms defined in section 10-17(1), (2), (3), (5),
(7), (8) or (10) shall, directly or indirectly (including, but not limited to,
through any firm, corporation, partnership or business entity in which he or any
member of his immediate family has a controlling interest) solicit, accept or
receive any gift having a value of twenty-five dollars ($25.00) or more, whether in
the form of money, service, loan, travel, entertainment, hospitality, thing or
promise, or in any other form, where the gift is intended to influence him in the
performance of his official duties or was intended as a reward for any official
action on his part. No person, firm, corporation, partnership or other business
entity shall, directly or indirectly, offer to make any such gift to any person
described in this section. Nothing contained in this section shall be deemed to
prohibit political contributions specifically authorized by F.S. Chapter 99.
(Code 1972, 3 2-90(e))
Sec. 10-21. Compulsory disclosure by employees of firms doing business with the
city.
Should any person included in the terms defined in section 10-17(1) through
(3), (7), (8) or (10) be employed by a corporation, firm, partnership or business
entity in which he does not have a controlling financial interest, either himself or
through a member of his immediate family, and should the corporation, firm,
partnership or business entity have substantial business commitments to or from the
city or any city agency, or be subject to direct regulation by the city or a city
agency, then such person shall file a sworn statement disclosing such employment and
interest with the clerk of the city. This section shall not apply to any person that
is an employee of a consultant and is not otherwise a person described in section
10-17(1) through (3), (7), (8) or (10).
Revised May 12, 2003
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RFP TITLE: Purchase of Thermal Imaging Cameras RFP NO: (04)A-02
(Code 1972, 3 2-90(f))
Sec. 10-22. Exploitation of official position.
No person included in the terms defined in section 10-17(1) through (3), (5),
(7), (8) or (10) shall corruptly use or attempt to use the person's official
position or relationship with the city to secure special privileges, exemptions or
benefits for the person or others except as may be specifically permitted by other
ordinances and resolutions previously ordained or adopted or hereafter to be
ordained or adopted by the city commission.
(Code 1972, 3 2-90(g))
Sec. 10-23. Use of confidential, information.
No person included in the terms defined in section 10-17(1) through (3), (5),
(7), (8) and (10) shall accept employment or engage in any business or professional
activity which he might reasonably expect would require or induce him to disclose
confidential information acquired by him by reason of his official position or by
virtue of services rendered, except as authorized by the city, nor shall he ever
disclose confidential information garnered or gained through his official position
with the city, nor shall he ever use such information, directly or indirectly, for
his personal gain or benefit.
(Code 1972, 3 2-90(h))
Sec. 10-24. Conflicting employment, outside employment.
(a) No person included in the terms defined in section 10-17(1) through (3),
(5), (7), (8) or (10) shall accept other employment which would impair his
independence of judgment in the performance of his public duties. A person covered
under this subsection may, if in doubt as to a conflict under this section, request
approval as to the other employment from the city commission.
(b) No person included in the terms defined in section 10-17(7) or (8) shall
receive any compensation for his services as an officer or employee of the city,
from any source other than the city, except as may be permitted by this Code.
(c) No person included in the terms defined in section 10-17(1) through (3),
(5) or (7) through (10) shall accept outside employment, either incidental,
occasional or otherwise where city time, equipment or material is to be used or
where such employment or any part thereof is to be performed on city time.
(d) Departmental personnel or employees may accept incidental or occasional
outside employment so long as such employment is not contrary, detrimental or
adverse to the interest of the city or any of its departmentsand the approval
required in subsection (e) is obtained. This subsection shall not be construed to
prevent any other person included in the terms defined in section 10-17(1) through
(3), (5) and (10) from accepting outside employment, subject to the provisions of
this section.
(e) Any outside employment by departmental personnel or employees must first
be approved in writing by the city manager who shall maintain a complete record of
such employment.
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RFP TITLE: Purchase of Thermal Imaging Cameras RFP NO: (04)A-02
(f) Departmental personnel or employees engaged in any outside employment for
any person, firm, corporation or business entity shall file, under oath, an annual
report identifying the outside employer, the nature of the work being done pursuant
to same and any amount or types of money or other consideration received by employee
from such outside employment. The report shall be filed with the clerk of the city
no later than 12:00 noon on July first of each year, including the July first
following the last year that such person held such employment. The reports shall be
available at a reasonable time and place for inspection by the public. The city
manager or the city commission may require monthly reports from any departmental
personnel or any employee for good cause.
(Code 1972, 3 2-90(1), (j))
Sec. 10-25. Prohibited investments.
No person included in the terms defined in section 10-17(1) through (3), (5),
(7), (8) or (10) shall have personal investments in any enterprise, either by
himself or through a member of his immediate family, which creates or will create a
substantial conflict between his private interests and the public interests.
(Code 1972, 3 2-90(k))
Sec. 10-26. Certain appearances and payments prohibited.
(a) No person included in the terms defined in section 10-17(3), (5), (7),
(8), or (10) shall appear before the city Commission or any city board and make a
presentation on behalf of a third party with respect to any license, contract,
certificate, ruling, decision, opinion, rate, schedule, franchise or other benefit
sought by the third person. Nor shall such person appear in any court or before any
administrative tribunal as counsel or legal advisor to a party who seeks legal
relief from the city or a city agency, board or commission through the suit in
question.
(b) The requirements of subsection (a) above may be waived for a particular
transaction only after full disclosure by the consultant and by affirmative vote of
four (4) commissioners, after a factual finding that the proposed transaction will
be in the best interest of the city.
(c) The provisions of subsection (a) shall not apply to any architect,
professional engineer, landscape architect or registered land surveyor when the
services provided to the city are not subject to the competitive selection
requirements of the Consultants' Competitive Negotiations Act.
(Code 1972, 3 2-90(1); Ord. No. 296-A, 3 1, 5-22-90; Ord. No. 296-3, 3 1, 10-15-94)
Sec. 10-27. Actions prohibited when financial interests involved.
No person included in the terms defined in section 10-17(1) through (3), (5),
(7), (8) or (10) shall participate in any official action directly or indirectly
affecting a business in which he or any member of his immediate family has a
financial interest. A financial interest shall include, but not be limited to, a
"financial interest" as defined in section 769 of the Second Restatement of the
Law of Torts (published by the American Law Institute Publishers) as an investment.
This section shall not prohibit any person from taking official action to:
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RFP TITLE: Purchase of Thermal Imagng Cameras RFP NO: (04)A-02
(1) Promote tourism, development or redevelopment within the city or any
portion thereof; or
(2) Authorize the expenditure of public funds for promoting tourism or
development or redevelopment, so long as no such authorized public funds
are to be paid to such person or a member of his immediate family or any
business in which he or any member of his immediate family has a
financial interest.
(Code 1972, 3 2-90(m))
Sec. 10-28. Acquiring financial interest.
No person included in the terms defined in section 10-17(1) through (3), (5),
(7), (8) or (10) shall acquire a financial interest in a project, business entity or
property at a time when the person believes or has reason to believe that the
financial interest will be directly affected by the person's official actions or by
official actions of the city or the city agency of which the person is an officer,
consultant or employee.
(Code 1972, a 2-90(n))
Sec. 10-29. Continuing application for two years after city service.
No person included in the terms defined in section 10-17(3), (7) or (8) shall,
for a period of two (2) years after his city service or employment has ceased, act
as agent or attorney for anyone other than the city in connection with any judicial
or other proceeding, application, request for ruling or other determination,
contract, claim, controversy, charge, accusation, arrest or other particular matter
in which the city or one of its agencies is a party or has a direct and substantial
interest, and in which he participated personally and substantially through
decision, approval, disapproval, recommendation, the rendering of advice,
investigation, or otherwise, while so employed in city service.
(Code 1972, 3 2-90(p))
Sec. 10-30. City attorney to render opinions on request.
Whenever any person included in the terms defined in section 10-17(1) through
(3), (5), or (7) through (10) is in doubt as to the proper interpretation or
application of the code of ethics as to himself, or whenever any person who renders
services to the city is in doubt as to the applicability of such ordinances as to
himself, he may submit to the city attorney a full written statement of the facts
and questions he has. The city attorney shall then render an opinion to such person
and shall publish these opinions without the use of the name of the person advised,
unless such person requests the use of his name.
(Code 1972, 3 2-90(q))
Sec. 10-31. Amendment.
Pursuant to the terms of Article VII of the Charter, which was approved by
referendum, this code of ethics may be amended only by an extraordinary vote of the
city commission.
(Code 1972, 3 2-90(t))
Charter reference(a)--Standard of ethics, 3 7.01.
Revised May 12, 2003
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