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HomeMy WebLinkAbout1994-21I 6/14/94 <ord\ethios_doo)Ow ORDINANCE 94- 21 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A CODE OF ETHICS FOR COMMISSIONERS AND EMPLOYEES. WHEREAS, Chapter 112, F.S. , provides standards of conduct for public officers and employees; and WHEREAS, additional requirements will clarify and elevate current standards and are in the public interest, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. NEW SECTION. A new Section 104.06 is added as set forth in Attachment "A" to this Ordinance . SECTION 2. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 19 day of J u 1 y 19946 This ordinance was advertised in the Vero Beach Press -Journal on the 22 day of June 1994, for a public hearing to be held on the 19 day of July 1994, at which time it was moved for adoption by Commissioner M a c h t seconded by Commissioner Eggert and adopted by the following vote Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner, ... yran B. Adams Aye 94 BOARD OF COUNTY COMMISSION Attest: INDIAN RIVER COUNTY, FLORIDA - x:-- By - Je ey-,K arto6, Clerk',,.,,,,,,,John W. Tippin, Vairman AjjL -1- invalid or inoperative part. SECTION 3. EFFECTIVE DATE. This ordinance shall become effective upon becoming law. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 19 day of J u 1 y 19946 This ordinance was advertised in the Vero Beach Press -Journal on the 22 day of June 1994, for a public hearing to be held on the 19 day of July 1994, at which time it was moved for adoption by Commissioner M a c h t seconded by Commissioner Eggert and adopted by the following vote Chairman John W. Tippin Aye Vice Chairman Kenneth R. Macht Aye Commissioner Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner, ... yran B. Adams Aye 94 BOARD OF COUNTY COMMISSION Attest: INDIAN RIVER COUNTY, FLORIDA - x:-- By - Je ey-,K arto6, Clerk',,.,,,,,,,John W. Tippin, Vairman AjjL -1- Acknowledgement by the Department of State of the State of Florida, this 1 s tday of August 1994* Effective date* Acknowledgement from the Department of State received on this 3rd day of August 1994, at 10:00 a.m/4,xxx and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. -Z- ,'r • Revisi.on 8/7-Y9-94 <doc\ethics.dac�Ow se ATTACHMENT "A" (1) This Code of Ethics is in addition to the requirements of Chapter 112, Florida Statutes. Where there is a conflict between Chapter 112, F.S. and this code the more stringent requirement shall apply. (2) This code shall apply to county commissioners and county employees. The term "person" includes commissioners and county employees. Written requests for interpretative rulings concerning the applicability of this code may be submitted to the county attorney for written reply. (3) Information concerning any incident or situation in which it appears that a board appointed county employee or county commissioner may have engaged in conduct contrary to this code should be forwarded by complaint affidavit to the state attorney for the Nineteenth Judicial District for his investigation and appropriate action. (4) A person shall avoid any action, whether or not specifically prohibited by this section, which might result in. (a) using public office for private gain; (b) giving preferential treatment to any person; or Section 104.06. (c) making a government decision Code outside of Ethics and Conduct. (1) This Code of Ethics is in addition to the requirements of Chapter 112, Florida Statutes. Where there is a conflict between Chapter 112, F.S. and this code the more stringent requirement shall apply. (2) This code shall apply to county commissioners and county employees. The term "person" includes commissioners and county employees. Written requests for interpretative rulings concerning the applicability of this code may be submitted to the county attorney for written reply. (3) Information concerning any incident or situation in which it appears that a board appointed county employee or county commissioner may have engaged in conduct contrary to this code should be forwarded by complaint affidavit to the state attorney for the Nineteenth Judicial District for his investigation and appropriate action. (4) A person shall avoid any action, whether or not specifically prohibited by this section, which might result in. (a) using public office for private gain; (b) giving preferential treatment to any person; or (5) (a) Except as provided in paragraph (b) and (c) of this subsection, a person shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from anyone who. (1) has, or is seeking to obtain, contractual or other business or financial relations with the county, (2) conducts operation or activities that are regulated by the county; or (3) has interests that may be substantially affected by the performance or nonperformance of the person's official duty; or (4) is in any way attempting to affect the person's official actions at the county . (5) is offering anything of monetary value, including food and refreshments, to an employee because of the person's official position . (c) making a government decision outside official channels. (5) (a) Except as provided in paragraph (b) and (c) of this subsection, a person shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from anyone who. (1) has, or is seeking to obtain, contractual or other business or financial relations with the county, (2) conducts operation or activities that are regulated by the county; or (3) has interests that may be substantially affected by the performance or nonperformance of the person's official duty; or (4) is in any way attempting to affect the person's official actions at the county . (5) is offering anything of monetary value, including food and refreshments, to an employee because of the person's official position . (b) The prohibitions enumerated in paragraph (a) and (c) of this section do not apply in the situations enumerated below. (1) Where obvious family (such as those between the parents, children, or spouse of the person) or other personal relationships make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors. (2) Food and refreshments* Under Chapter 112, F.S., the word "gift" is defined to exclude "Food or beverage consumed at a single sitting or event". Pursuant to Section 112.326, F.S., it is the purpose of this code to require more stringent county disclosure requirements than provided for in Chapter 112, F.S. Therefore, and notwithstanding any other section or personnel manual to the contrary, county commissioners, and county employees may accept food or beverage consumed at a single sitting or event only if the cost for said food or beverage does not exceed the Chapter 112, F.S., rate for the appropriate per diem allowance for said meal. If, under circumstances beyond the control of the donee, the cost exceeds the per diem rate then within five (5) working days of the acceptance, the donee shall file a written disclosure statement with the executive aide to the commission on a form provided by said aide. In addition, food or beverage may be accepted when (i) offered free in the course of a meeting or other group function not connected with an inspection or investigation, at which attendance is desirable because it will assist the person in performing his or her official duties; or (ii) provided to all panelists or speakers when a person is participating as a panelist or speaker in a program, seminar or educational conference. (3) Loans may be obtained from banks or other financial institutions on customary terms to finance proper and usual activities of persons such as home mortgage loans. (4) Unsolicited advertising or promotional material such as pens, pencils, note pads, calendars and other items of nominal intrinsic value may be accepted, as well as job related literature. (5) Gifts given for participation in a program, seminar or educa- tional conference may be accepted only when such gifts are (1) of nominal intrinsic value (ii) in the nature of a remem- brance traditional to the particular sponsoring entity and (iii) provided to all participants in the program. (6) Contributions or expenditures reported pursuant to Chapter 1065 F. S . , campaign -related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party. (c) A person shall not solicit a contribution from another person for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from a person receiving less pay than him- self . However, this paragraph does not prohibit a voluntary gift of nominal value or donation in a nominal amount made on a special occasion such as marriage, illness, or retirement. (6) No county employee may engage in outside employment or other outside activity, with or without compensation, which is in conflict with or otherwise not compatible with the full and proper discharge of his duties and responsibilities to Indian River County. Incompatible activities include but are not limited to (1) acceptance of a fee, compensation, gift, payment of expenses, or any other thing of monetary value in circumstances in which acceptance may result in a conflict of interest situation; or (2) outside employment which tends to impair his mental or physical capacity to perform his duties and responsibilities in an acceptable manner; or (3) outside employment or activities (excluding the publication of articles) which reasonably might be regarded as official actions of the county or which might bring discredit upon the county. (7) It shall be the duty of each commissioner, board appointed county employee, department head and professional staff member to become familiar with the code of ethics for public officers and employees. To this end, the personnel director shall distribute to each person in the above enumerated categories a current copy of the "Florida Commission on Ethics Guide to the Sunshine Amendment and Code of Ethics for Public and Employees".