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Palm Beach County Commission on Ethics

Palm Beach County Commission on Ethics. Interprets the Code of Ethics provides ongoing training for county and municipal employees Issues advisory opinions upon receipt of written requests from county or municipal officials or Employees, vendors and lobbyists when appropriate. Processes written

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Palm Beach County Commission on Ethics

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    1. Palm Beach County Commission on Ethics CODE OF ETHICS Training for Officials and Employees Alan S. Johnson Executive Director Palm Beach County Commission on Ethics

    2. Palm Beach County Commission on Ethics Interprets the Code of Ethics provides ongoing training for county and municipal employees Issues advisory opinions upon receipt of written requests from county or municipal officials or Employees, vendors and lobbyists when appropriate. Processes written complaints and hears cases involving Code of Ethics violations

    3. Code of Ethics Statement of Purpose “Officials and employees in the public service shall be conscious that public service is a public trust, shall be impartial and devoted to the best interests of the people of Palm Beach County, and shall act and conduct themselves so as not to give occasion for distrust of their impartiality.”

    4. Compliance vs. Integrity

    5. “Official” “The term “official” shall mean members of the board of county commissioners, a mayor, members of local municipal governing bodies, and members appointed by the board of county commissioners, members of local municipal governing bodies or mayors or chief executive officers that are not members of local municipal governing bodies, as applicable, to serve on any advisory, quasi-judicial, or any other board of the county, state, or any other regional, local, municipal, or corporate entity.”

    6. “Employees” Sec. 2-442. Definitions. “The term ‘employee’ includes but is not limited to all managers, department heads and personnel of the county or the municipalities located within the county. The term also includes contract personnel and contract administrators performing a government function, and chief executive officer who is not part of the local governing body.”

    7. Misuse of Public Position sec. 2-443(a)(1)-(7) A- Use your official position B- Take or fail to take any action C- Influence others to take or fail to take any action... ...in a manner which you know or should know will result in a financial benefit, not shared with similarly situated members of the general public, for the following...

    8. Prohibits using your official position to financially benefit... 1- Yourself 2- A member of your household, spouse or domestic partner and their dependents, or their employer or business 3- Your Sibling, step-sibling, child, step-child, parent, step-parent, niece, nephew, uncle, aunt, grandparent, grandchild of yours, your spouse or domestic partner or the employer or business of the above persons. 4- Outside employer or business of yours, your spouse, domestic partner or someone who you know works for such outside employer or business

    9. To financially benefit... 5- A “substantial” debtor or creditor of yours, your spouse or domestic partner ( > $10,000 - not including bank or mortgage company) 6- A customer or client of your outside business or employer 7- Unions, charities, or civic, social and religious organizations or other non-profit if you or your spouse or domestic partner are an officer or board member

    10. Corrupt misuse of official position 2-443(b) “An official or employee shall not use his or her official position or office...to corruptly secure or attempt to secure a special privilege, benefit, or exemption for himself, herself, or others...” “Corruptly means done with a wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for, any benefit resulting from some act or omission of an official or employee which is inconsistent with the proper performance of his or her public duties.”

    11. Definitions - sec. 2-442 Domestic partner = committed relationship + maintaining a mutual residence Household member= anyone in your primary residence who is not a renter or your employee Customer or client = any person or entity to whom your outside employer or business has supplied goods or services in the past 24 months of a value greater than $10,000 Persons and entities = individuals and “all other groups or combinations”

    12. Financial benefit (definition) Sec. 2-442. “Financial Benefit includes any money, service, license, permit, contract, authorization, loan, travel, entertainment, hospitality, gratuity, or any promise of any of these, or anything else of value.”- (excludes campaign contributions)

    13. OUTSIDE EMPLOYER sec. 2-442. Definition. “Any entity, other than the county, the state, or any other federal, regional, local, or municipal government entity, of which the official or employee is a member, official, director, proprietor, partner, or employee, and from which he or she receives compensation…” Excludes certified bargaining agents.

    14. OUTSIDE BUSINESS sec. 2-442. Definition. “Any entity located in the county or which does business with or is regulated by the county or municipality as applicable, in which the official or employee has an ownership interest.” (minimum 5% - includes household and relatives’ ownership interest)

    15. Voting Conflicts sec. 2-443(b) “County Officials and municipal officials as applicable shall abstain from voting and not participate in any matter that will result in a special financial benefit as set forth in subsections (a)(1) through (a)(7) above.” “When abstaining, the Official shall publicly disclose the nature of the conflict…” and complete and file form 8B with the clerk (recorded with the meeting minutes) and the commission (form available on COE website)

    16. Voting Conflicts sec. 2-443(b) Compliance Ordinance is not violated upon disclosure of conflict and abstention from voting provided there is no influence used or official action otherwise taken to obtain a financial benefit not shared by similarly situated members of the general public.

    17. Contractual Relationships (contracts with your outside business or employer) sec. 2-443(c) “No official or employee shall enter into any contract or other transaction for goods or services with their respective county or municipality…directly or indirectly, or the official or employee’s outside employer or business.”

    18. Exemptions to 2-443(d) Purchase of goods available to the general public Employees who enter into contracts with Palm Beach County or a municipality as part of their official duties within the county or that municipality. Officials on an advisory board provided: 1- The board is “purely advisory” 2- The member discloses the transaction or contract at a public meeting, and 3- The “...board provides no regulation, oversight, management, or policy-setting recommendations regarding the subject contract or transaction.”

    19. Waivers for advisory boards 2-443(e) Waiver permitted (majority plus one of the governing body) where the board provides regulation, oversight, management or policy-setting recommendations regarding the contract or transaction if the board is purely advisory, “upon full public disclosure” of the contract or transaction. No waiver allowed if the board is not purely advisory and it provides regulation, oversight, etc. over the contract or transaction.

    20. Exceptions other than waiver- (contracts with your outside business or employer) Board members and employees When county or municipal business is awarded through sealed, competitive bids to the lowest bidder, and: The Official or Employee (household members included) have not participated in setting bid specifications or determination of low bid, There was no attempt to influence the bid process, The employee or official filed a disclosure statement with the Supervisor of Elections and the Commission on Ethics prior to bidding;

    21. Other Exceptions (contracts with your outside business or employer) (emergencies, only local source of supply, < $500) Emergency purchases or contracts needed to protect citizens’ health, safety and welfare; When your outside employer or business is the only available local source of supply within the county or municipality and your interest has been fully disclosed; Total procurement(s) with your outside employer or business does not exceed $500 per year.

    22. Employees/part-time employment Exception: Employee or relative does not work in the government department which will “enforce, oversee or administer” the contract The outside employment will not interfere or impair employees “faithful performance” of public duties Employee or relative has not participated in contract award or requirements Employee’s job responsibilities and description do not involve the contract in any way Employee complies with merit rule Employee obtains a waiver from the department head and chief administrative officer

    23. Outside Employment Waiver A standard conflict of interest waiver form must be filled out and signed (under oath) by the employee. Once approved by supervisors the original signed waiver form must be submitted to the ethics commission. (The waiver form is available on the COE website)

    24. Municipal Law Enforcement Officers Overtime or extra duty details are exempt from subsection (d) provided the detail is uniformed and contracted or administered by the employees agency. A log of these details must be maintained by the municipal police agency (available to the public upon request).

    25. Accepting Travel Expenses Sec. 2-443(e) Prohibits reimbursement from any county (municipal) contractor, vendor, service provider, bidder or proposer for travel expenses including but not limited to transportation, lodging, meals, registration fees, and incidental purchases* *This prohibition can be waived by a majority of the county or municipal governing board, council or commission.

    26. Accepting Travel Expenses - Exemptions Expenses paid by another governmental entity or an organization of which the county/municipality is a member so long as the travel is related to that membership.   Sec. 2-444(g)(1)h. exempts such reimbursements from the gift law provided attendance is for governmental purposes

    27. Contingent Fee: Definition “…means a fee, bonus, commission, or nonmonetary benefit as compensation which is dependent on or in any way contingent on the passage, defeat, or modification of…action or decision...” of the BCC or municipal body, any employee authorized to act on behalf of the BCC or municipality, the County or municipal Administrator, “or any action or decision of an Advisory Board or committee.”

    28. Contingent Fee Prohibition sec. 2-443(f) “No person shall, in whole or in part, pay, give or agree to pay or give a contingency fee to another person…receive or agree to receive a contingency fee.” (exemptions include real estate brokers, bona fide salespersons on commission, attorneys representing clients in judicial or administrative hearings pursuant to a contingent fee arrangement)

    29. Applying for employment, official position or contract sec. 2-443(g) “No person seeking to become an official or employee, or seeking to enter into a contract to provide goods or services...may make any false statement, submit any false document, or knowingly withhold information about wrongdoing in connection with employment by or services to the county.”

    30. Disclosure of inside Information sec. 2-443(h) Public employees and officials (current or former) cannot disclose or use information obtained through their job and not available to the general public for personal gain or benefit or the personal gain or benefit of “any other person”

    31. Gift law prohibitions (payoffs, kickbacks and tips) Public employees or officials cannot accept gifts of any value in return for the performance (or non performance) of their duties. Art. XIII, sec.2-443(a) & sec.2-444(c)(1)-(3)

    32. Gift Law Prohibitions Solicitation from Vendors Public employees or officials cannot solicit anything of value from someone they know is a vendor, lobbyist, principle or employer of a lobbyist, if the gift is for their personal benefit, or the benefit of a relative or household member, or any other official or employee. Sec. 2-444(c)

    33. Gift law prohibitions Elected Officials and Employees cannot solicit or accept, directly or indirectly, more than $100.00 (annually) from someone who they know, or should know with the exercise of reasonable care, is a vendor, lobbyist, principle or employer of a lobbyist. Sec. 2-444((a) & (b)** ** The prohibition for advisory board members only extends to their advisory board and the department within the board’s authority.

    34. Vendors Sells or Leases (bids included) Vendor means any person or entity who has a pending bid proposal, an offer or request to sell goods or services, sell or lease real or personal property, or who currently sells goods or services, or sells or leases real or personal property, to the county or municipality involved in the subject contract or transaction as applicable. For the purposes of this definition a vendor entity includes an owner, director, manager or employee.

    35. Lobbying Lobbying means seeking to influence a decision “through oral or written communication or an attempt to obtain the goodwill” (of the official or employee) with respect to the passage, defeat or modification of any item “which may foreseeably be presented for consideration” to the board or commission lobbied.

    36. Lobbyists Lobbyist means any person who is employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying (includes employees “whose principal responsibility” to the employer is lobbying) Exceptions: someone who works for government, someone retained solely for public hearing presentation, someone who lobbies for purposes of self-representation and is uncompensated, League of Cities representatives

    37. Vendor/lobbyist responsibilities Vendors, lobbyists, principles and employers of lobbyists are prohibited from knowingly giving, directly or indirectly, any gift with a value greater than $100.00 (annually) to a person they know is an official or employee of the public entity they lobby or transact business with. (vendor definition includes the time period between the publication and submission of a bid) *prohibitions involving gifts to advisory board members only extend to vendors, etc. appearing before the board, or doing business related to the board’s “authority, influence or advice”

    38. Gift Law Reporting Beginning November 1, 2011, employees and officials (not already required by state law to submit quarterly gift reports) who accepted any gifts valued at more than $100 (from a non vendor/lobbyist), that are not excluded or exempt from reporting, must file a disclosure report with the PBC Commission on Ethics prior to the end of the preceding fiscal year (September 30) on a gift reporting form* provided by the ethics commission. Sec. 2-244(g) *forms available on the COE website

    39. Personal gifts (Non-state reporting individuals only) Employees and officials do not need to report gifts > $100 if given by a personal friend or co-worker “...and the circumstances demonstrate that the motivation of the gift was the personal or social relationship rather than an attempt to obtain the goodwill or otherwise influence the official or employee...” (The gift cannot be from a vendor, lobbyist, principle or employer of a lobbyist)

    40. Gift Law Reporting: Definitions Gift – anything of value you did not pay for, including but not limited to cash, property, professional services, loans, travel and entertainment, lodging and hospitality, clothing and food. (Meals or food and drink consumed at one function are considered one gift.) Sec. 2-244(g) In determining the value of a gift the recipient may consult Florida Statute s. 112.3148(7) or the state administrative code. Compensation by the recipient to the donor within 90 days may offset the value of the gift. 112.3148(7)(b)

    41. Gift exceptions 2-444(g)(1) The following are not considered gifts: Political contributions Gifts from family members or relatives Awards for professional or civic achievement Books, reports, magazines and periodicals for informational or advertising purposes Gifts solicited or accepted by public officials or employees on behalf of the government for official government business

    42. Additional exceptions The following are not considered gifts: Publicly advertised offers made available to the public Inheritance Registration fees and costs associated with educational or governmental conferences or seminars where attendance is related to your official duties

    43. Additional exceptions Non-profit events The following additional items are not considered gifts: Tickets, pass or admission in connection to a public event sponsored by non-profit organization that does not employ a lobbyist (ticket cannot be given by a vendor, lobbyist, etc.) Expenditures made in connection with an event sponsored by a non-profit organization funded with public funds whose primary function is to attract tourism and business opportunities to Palm Beach County provided the sponsor does not employ a lobbyist and the invitation is not made by a vendor, lobbyist, etc.

    44. Solicitation for charity Solicitation of contributions on behalf of a non-profit charitable organization is not prohibited unless the donor has a pending application before the municipality or county, and... A log is kept of all solicitations, pledges and donations The log is filed with the ethics commission within 30 days of the event, or if no event, within 30 days of the solicitation No county or municipal staff, or other public resource, is used to solicit the donation

    45. Nepotism “An official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement in or to a position in the county or municipality as applicable in which the official is serving or over which the official exercises jurisdiction or control, any individual who is a relative or domestic partner of the official.” (advisory board appointment exception for boards other than land use and zoning boards where the municipality has a population under 35,000) ***cannot advocate (“relative” is defined broadly but excludes grandparents) Sec. 2-445 (non criminal)

    46. Palm Beach County Commission on Ethics Interprets the Code of Ethics provides ongoing training for county and municipal employees Issues advisory opinions upon receipt of written requests from county or municipal officials or Employees, vendors and lobbyists when appropriate. Processes written complaints and hears cases involving Code of Ethics violations

    47. Complaints: Legal Sufficiency 1. Any person may file a complaint. It must be in writing (complaint form), signed under oath, based primarily on personal knowledge of the complainant, allege a violation within the jurisdiction of the COE 2. The Inspector General, Executive Director of the COE or State Attorney may file a complaint based on sworn statements of material witnesses or documentary evidence 3. Both the IG and COE staff are “an appropriate local official” for purposes of whistleblower protection provided in FS 112.3188

    49. Noninterference with Inspector General and Commission on Ethics 1. Interfering with or obstructing any investigation by the Inspector General or the Commission on Ethics, without a valid legal basis, is prohibited. Sec. 2-447(a) 2. Retaliating against, punishing, threatening or otherwise penalizing anyone for cooperating with or assisting the Inspector General or the Commission on Ethics is prohibited. Sec. 2-447(b) (criminal penalties)

    50. Penalties (civil) Violating the Code of Ethics may subject an employee or official to dismissal, public reprimand, a fine up to $500, and restitution. Any monetary gain, contract, permit or other government approval as a result of the violation may be rescinded or voided.

    51. Penalties (criminal) “willful violations” The following may be prosecuted as a first-degree misdemeanor, punishable by up to one year in jail or a $1000 fine or both: misuse of public position (code sec. 2-443 (a)-(h)) (a) Use of office for financial benefit (b) Corrupt misuse of official position (c) Failure to disclose a voting conflict (d) Entering into prohibited contracts (f) Accepting prohibited travel expenses (g) Accepting or giving contingent fee dependent on official act (h) Falsifying employment or bid applications (i) Disclosure or use of confidential information for personal gain

    52. Penalties (criminal) Gift Law Violations (except reporting) Retaliation or Interference with IG or COE Investigation The following may be prosecuted as a first-degree misdemeanor, punishable by up to one year in jail or a $1000 fine or both: Accepting, soliciting or giving prohibited gifts (code sec. 2-444(a)-(c) & (e)) Interfering with investigations of the Inspector General or Ethics Commission (code sec. 2-447)

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