HomeMy WebLinkAboutAgenda Council Agenda 060211 - Code of Ethics Training
CITY OF PALM BEACH GARDENS
COUNCIL SPECIAL MEETING AGENDA
JUNE 2, 2011
6:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. CODE OF ETHICS TRAINING PROGRAM.
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing)
X. RESOLUTIONS:
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Tinsley
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
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CODE OF ETHICS
(Effective date June 1, 2011)
Sec. 2-441. Title; statement of purpose.
This article shall be known as the Palm Beach County Code of Ethics. This code of ethics is enacted
pursuant to Florida Constitution, Article VIII, section 1(g), Florida Statutes, ch. 125, and the Charter of
Palm Beach County. The Municipalities located within Palm Beach County are subject to the provisions
of this Code of Ethics pursuant to referendum. The purpose of this code is to provide additional and
more stringent ethics standards as authorized by Florida Statutes, §112.326. This code shall not be
construed to authorize or permit any conduct or activity that is in violation of Florida Statutes, ch. 112,
pt. III. This code of ethics shall be deemed additional and supplemental to any and all state and federal
laws governing ethical conduct of officials and employees, as well as all local laws, rules, regulations and
policies.
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.
Nothing herein shall abridge employees' constitutional right to collective bargaining.
Sec. 2-442. 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:
Advisory board shall mean any advisory or quasi-judicial board created by the board of county
commissioners, by the local municipal governing bodies, or by the mayors who serve as chief executive
officers or by mayors who are not members of local municipal governing bodies.
Customer or client means any person or entity to which an official or employee's outside employer or
business has supplied goods or services during the previous twenty-four (24) months, having, in the
aggregate, a value greater than ten thousand dollars ($10,000.00).
Domestic partner is an adult, unrelated by blood, with whom an unmarried or separated official or
employee has an exclusive committed relationship and maintains a mutual residence.
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. This term
does not include campaign contributions authorized by law.
Household Member includes anyone whose primary residence is in the official or employee's home,
including non-relatives who are not rent payers or employees of the head of the household.
Inspector general shall mean the office established in article XII of this chapter.
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Lobbying shall mean seeking to influence a decision through oral or written communication or an
attempt to obtain the goodwill of any county commissioner, any member of a local municipal governing
body, any mayor or chief executive officer that is not a member of a local municipal governing body, any
advisory board member, or any employee with respect to the passage, defeat or modification of any
item which may foreseeably be presented for consideration to the advisory board, the board of county
commissioners, or the local municipal governing body lobbied as applicable.
Lobbyist shall mean any person who is employed and receives payment, or who contracts for economic
consideration, for the purpose of lobbying on behalf of a principal, and shall include an employee whose
principal responsibility to the employer is overseeing the employer's various relationships with
government or representing the employer in its contacts with government. "Lobbyist" shall not include:
(1) any employee, contract employee, or independent contractor of a governmental agency or
entity lobbying on behalf of that agency or entity, any elected local official when the official is
lobbying on behalf of the governmental agency or entity which the official serves, or any
member of the official's staff when such staff member is lobbying on an occasional basis on
behalf of the governmental agency or entity by which the staff member is employed.
(2) any person who is retained or employed for the purpose of representing an employer, principal
or client only during a publicly noticed quasi-judicial hearing or comprehensive plan hearing,
provided the person identifies the employer, principal or client at the hearing.
(3) any expert witness who is retained or employed by an employer, principal or client to provide
only scientific, technical or other specialized information provided in agenda materials or
testimony only in public hearings, so long as the expert identifies the employer, principal or
client at the hearing.
(4) any person who lobbies only in his or her individual capacity for the purpose of self-
representation and without compensation.
(5) any employee, contract employee, or independent contractor of the Palm Beach County League
of Cities, Inc., lobbying on behalf of that entity.
Official or employee means any official or employee of the county or the municipalities located within
the county, whether paid or unpaid. 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. 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 body, 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.
Outside employer or business includes:
(1) 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 for services rendered or
goods sold or produced. For purposes of this definition, "compensation" does not include
reimbursement for necessary expenses, including travel expenses; or
(2) 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. For
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purposes of this definition, an "ownership interest" shall mean at least five (5) percent of the
total assets or common stock owned by the official or employee or any combination of the
official or employee's household members, spouse, child, step-child, brother, sister, parent or
step-parent, or a person claimed as a dependent on the official or employee’s latest individual
federal tax return.
(3) The term outside employer or business shall not apply to an employee who is employed by a
certified bargaining agent solely to represent employees.
Palm Beach County Commission on Ethics means the commission established in section 2-254 et seq. to
administer and enforce the ethics regulations set forth herein, and may also be referred to as the
"commission on ethics" in this article.
Persons and entities shall be defined to include all natural persons, firms, associations, joint ventures,
partnerships, estates, trusts, business entities, syndicates, fiduciaries, corporations, and all other
organizations.
Relative unless otherwise specified in this ordinance, means an individual who is related to an official or
employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece,
husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister,
grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent,
step grandchild, step great grandchild, person who is engaged to be married to the official or employee
or who otherwise holds himself or herself out as or is generally known as the person whom the official
or employee intends to marry or with whom the official or employee intends to form a household, or
any other natural person having the same legal residence as the official or employee.
Transaction shall refer to the purchase or sale by the county or municipality of goods or services for a
consideration.
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.
Sec. 2-443. Prohibited conduct.
(a) Misuse of public office or employment. An official or employee shall not use his or her official
position or office, or take or fail to take any action, or influence others to take or fail to take any
action, in a manner which he or she knows or should know with the exercise of reasonable care
will result in a special financial benefit, not shared with similarly situated members of the
general public, for any of the following persons or entities:
(1) Himself or herself;
(2) His or her spouse or domestic partner, household member or persons claimed as dependents on
the official or employee’s latest individual federal income tax return, or the employer or
business of any of these people;
(3) A sibling or step-sibling, child or step-child, parent or step-parent, niece or nephew, uncle or
aunt, or grandparent or grandchild of either himself or herself, or of his or her spouse or
domestic partner, or the employer or business of any of these people;
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(4) An outside employer or business of his or hers, or of his or her spouse or domestic partner, or
someone who is known to such official or employee to work for such outside employer or
business;
(5) A customer or client of the official or employee’s outside employer or business;
(6) A substantial debtor or creditor of his or hers, or of his or her spouse or domestic partner--
"substantial" for these purposes shall mean at least ten thousand dollars ($10,000.00) and shall
not include forms of indebtedness, such as a mortgage and note, or a loan between the official
or employee and a financial institution;
(7) A civic group, union, social, charitable, or religious organization, or other not for profit
organization of which he or she (or his or her spouse or domestic partner) is an officer or
director.
(b) Corrupt misuse of official position. An official or employee shall not use his or her official
position or office, or any property or resource which may be within his or her trust, to corruptly
secure or attempt to secure a special privilege, benefit, or exemption for himself, herself, or
others. For the purposes of this subsection, “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.
(c) Disclosure of voting conflicts. County 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 (7) above. The official shall publicly disclose the nature of the
conflict and when abstaining from the vote, shall complete and file a State of Florida
Commission on Ethics Conflict Form 8B pursuant to the requirements of Florida Statutes,
§112.3143. Simultaneously with filing Form 8B, the official shall submit a copy of the completed
form to the county commission on ethics. Officials who abstain and disclose a voting conflict as
set forth herein, shall not be in violation of subsection (a), provided the official does not
otherwise use his or her office to take or fail to take any action, or influence others to take or
fail to take any action, in any other manner which he or she knows or should know with the
exercise of reasonable care will result in a special financial benefit, not shared with similarly
situated members of the general public, as set forth in subsections (a)(1) through (7).
(d) Contractual relationships. No official or employee shall enter into any contract or other
transaction for goods or services with their respective county or municipality. This prohibition
extends to all contracts or transactions between the county or municipality as applicable or any
person, agency or entity acting for the county or municipality as applicable, and the official or
employee, directly or indirectly, or the official or employee's outside employer or business. Any
such contract, agreement, or business arrangement entered into in violation of this subsection
may be rescinded or declared void by the board of county commissioners pursuant to section 2-
448(c) or by the local municipal governing body pursuant to local ordinance as applicable. This
prohibition shall not apply to employees who enter into contracts with Palm Beach County or a
municipality as part of their official duties with the county or that municipality. This prohibition
also shall not apply to officials or employees who purchase goods from the county or
municipality on the same terms available to all members of the public. This prohibition shall
also not apply to advisory board members provided the subject contract or transaction is
disclosed at a duly noticed public meeting of the governing body and the advisory board
member’s board provides no regulation, oversight, management, or policy-setting
recommendations regarding the subject contract or transaction.
(e) Exceptions and waiver. The requirements of subsection (d) above may be waived as it pertains
to advisory board members where the advisory board member’s board is purely advisory and
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provides regulation, oversight, management, or policy-setting recommendations regarding the
subject contract or transaction. No waiver shall be allowed where the advisory board member’s
board is not purely advisory and provides regulation, oversight, management, or policy-setting
recommendations regarding the subject contract or transaction. Waiver may be effected by the
board of county commissioners or by the local municipal governing body as applicable upon full
disclosure of the contract or transaction prior to the waiver and an affirmative vote of a majority
plus one of the total membership of the board of county commissioners or the local municipal
governing body as applicable. In instances in which appointment to the advisory board is made
by an individual, waiver may be effected, after full disclosure of the contract or transaction at a
public hearing, by the appointing person. In addition, no official or employee shall be held in
violation of subsection (d) if:
(1) The business is awarded under a system of sealed, competitive bidding to the lowest bidder
and:
a. The official or employee or member of his or her household has in no way participated in
the determination of the bid specifications or the determination of the lowest bidder;
b. The official or employee or member of his or her household has in no way used or
attempted to use the official or employee's influence to persuade the agency, governmental
entity or any personnel thereof to enter such a contract other than by the mere submission
of the bid; and
c. The official or employee, prior to or at the time of the submission of the bid, has filed a
statement with the supervisor of elections and the commission on ethics, disclosing the
nature of the interest in the outside employer or business submitting the bid.
(2) An emergency purchase or contract which would otherwise violate a provision of subsection (d)
must be made in order to protect the health, safety, or welfare of the citizens of the county or
municipality as applicable.
(3) The outside employer or business involved is the only source of supply within the county or
municipality as applicable and there is full disclosure by the official or employee of his or her
interest in the outside employer or business to the county or municipality as applicable and the
ethics commission prior to the purchase, rental, sale, leasing, or other business being
transacted.
(4) The total amount of the contracts or transactions in the aggregate between the outside
employer or business and the county or municipality as applicable does not exceed five hundred
dollars ($500.00) per calendar year.
(5) Notwithstanding any provision to the contrary, subsection (d) shall not be construed to prevent
an employee from seeking part-time employment with an outside employer who has entered
into a contract for goods or services with the county or municipality as applicable provided that:
a. The employee or relative of the employee does not work in the county or municipal
department as applicable which will enforce, oversee or administer the subject contract;
and
b. The outside employment would not interfere with or otherwise impair his or her
independence of judgment or otherwise interfere with the full and faithful performance of
his or her public duties to the county or municipality as applicable; and
c. the employee or relative of the employee has not participated in determining the subject
contract requirements or awarding the contract; and
d. the employee's job responsibilities and job description will not require him or her to be
involved in the outside employer's contract in any way including, but limited to, its
enforcement, oversight, administration, amendment, extension, termination or
forbearance; and
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e. the employee demonstrates compliance with applicable merit rules regarding outside
employment and obtains written permission from his or her supervisor; and
f. The employee has obtained a conflict of interest waiver from the chief administrative officer
and the employee’s department head of the county or municipality based on a finding that
no conflict exists. The employee shall submit the request for waiver in writing and under
oath. The request for the waiver shall be signed by the employee under oath or affirmation
on an approved form provided by the Commission on Ethics. The document shall contain
written acknowledgment of compliance with the provisions of (5)a. through (5)e. of this
subsection, together with such pertinent facts and relevant documents that support such
waiver. A waiver under this subsection must be approved by both the employee’s
supervisor and chief administrative officer of the county or municipality. The county or
municipality shall record such waiver in the employee’s personnel file and shall submit a
copy of the waiver and all related documents to the commission on ethics. The commission
on ethics in its discretion may elect to review, comment on, or investigate any waiver. The
commission on ethics review or investigation shall not delay an employee’s ability to take
the part time employment.
g. Official law enforcement overtime or extra duty details. The provisions of subsection (d)
shall be waived for outside employment when that employment consists of a certified police
agency uniformed external security or extra duty detail, contracted or administered by the
police agency as applicable. For the purpose of this subsection, all records of external, extra
duty or overtime security details, including supervisor approval, identity of contracting
parties, and including time, date and manner of detail shall be maintained by the individual
contracting policy agency, records of which shall be accessible to the public subject to state
public records disclosure exemptions.
(f) Accepting travel expenses. No official or employee shall accept, directly or indirectly, any travel
expenses including, but not limited to, transportation, lodging, meals, registration fees and
incidentals from any county or municipal contractor, vendor, service provider, bidder or
proposer as applicable. The board of county commissioners or local municipal governing body as
applicable may waive the requirements of this subsection by a majority vote of the board or
local municipal governing body. The provisions of this subsection shall not apply to travel
expenses paid by other governmental entities or by organizations of which the county or
municipality as applicable is a member if the travel is related to that membership.
(g) Contingent fee prohibition. No person shall, in whole or in part, pay, give or agree to pay or give
a contingency fee to another person. No person shall, in whole or in part, receive or agree to
receive a contingency fee. As used herein, "contingency fee" 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: an ordinance, resolution, action or decision of the board
of county commissioners or local municipal governing body as applicable, any employee
authorized to act on behalf of the board of county commissioners or local municipal governing
body as applicable, the county administrator or municipal administrator as applicable, or any
action or decision of an advisory board or committee. This prohibition does not apply to real
estate brokers when acting in the course of their profession as regulated by §§475.001-
475.5018, Florida Statutes, as may be amended. Nothing in this section may be construed to
prohibit any salesperson from engaging in legitimate government business on behalf of a
company from receiving compensation or commission as part of a bona fide contractual
arrangement with that company provided such compensation or commission is ordinary and
customary in the industry. Nothing in this section may be construed to prohibit an attorney
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from representing a client in a judicial proceeding or formal administrative hearing pursuant to a
contingent fee arrangement.
(h) Honesty in applications for positions. No person seeking to become an official or employee, or
seeking to enter into a contract to provide goods or services to the county or municipality as
applicable, 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 or
municipality as applicable.
(i) Disclosure or use of certain information. A current or former official or employee shall not
disclose or use information not available to members of the general public and gained by reason
of his or her official position, except for information relating exclusively to governmental
practices, for his or her personal gain or benefit or for the personal gain or benefit of any other
person.
Sec. 2-444. Gift law.
(a) (1) No county commissioner, member of a local governing body, mayor or chief executive when not
a member of the governing body, or employee, or any other person or business entity on his or
her behalf, shall knowingly solicit or accept directly or indirectly, any gift with a value of greater
than one hundred dollars ($100.00) in the aggregate for the calendar year from any person or
business entity that the recipient knows, or should know with the exercise of reasonable care, is
a vendor, lobbyist or any principal or employer of a lobbyist who lobbies, sells or leases to the
county or municipality as applicable.
(2) No lobbyist, vendor or principal or employer of a lobbyist that lobbies the county or a
municipality shall knowingly give, directly or indirectly, any gift with a value greater than one
hundred dollars ($100) in the aggregate for the calendar year to a person who the vendor,
lobbyist, or principal knows is an official or employee of that county or municipality. For the
purposes of this subsection 2-444(a)(2), the term vendor also includes any person or entity that,
because of the nature of their business, may respond to an invitation to bid, request for
proposal or other procurement opportunity that has been published by the county or a
municipality.
(b) (1) No advisory board member, or any other person on his or her behalf, shall knowingly solicit or
accept directly or indirectly, any gift with a value of greater than one hundred dollars ($100.00)
in the aggregate for the calendar year from any vendor, lobbyist, or any principal or employer of
a lobbyist, who lobbies the recipient's advisory board, or any county or municipal department as
applicable that is subject in any way to the advisory board's authority.
(2) No lobbyist, vendor, or principal or employer of a lobbyist who lobbies an advisory board or any
county or municipal department that is subject in any way to the advisory board’s authority,
influence or advice, shall knowingly give, directly or indirectly, any gift with a value greater than
one hundred dollars ($100) in the aggregate for the calendar year to a person who the vendor,
lobbyist, or principal knows is a member of that advisory board. For the purposes of this
subsection 2-444(b)(2), the term vendor also includes any person or entity that, because of the
nature of their business, may respond to an invitation to bid, request for proposal or other
procurement opportunity that has been published by the county or a municipality.
(c) No county commissioner, member of a local governing body, mayor or chief executive officer
when not a member of the governing body, or employee, or any other person or business entity
on his or her behalf, shall knowingly solicit a gift of any value from any person or business entity
that the recipient knows is a vendor, lobbyist or any principal or employer of a lobbyist where
the gift is for the personal benefit of the official or employee, another official or employee, or
any relative or household member of the official or employee. No advisory board member or
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any other person or business entity on his or her behalf, shall knowingly solicit a gift of any value
from any person or business entity that the recipient knows is a vendor, lobbyist or any principal
or employer of a lobbyist who lobbies the recipient’s advisory board, or any county or municipal
department as applicable that is subject in any way to the advisory board’s authority, influence
or advice, where the gift is for the personal benefit of the advisory board member, another
advisory board member, or an official, or any relative or household member of the official or
employee.
(d) For purposes of this section, a principal or employer of a lobbyist shall include any officer,
partner or director of the principal entity, or any employee of a principal who is not an officer,
partner or director, provided that the employee knows or should know with the exercise of
reasonable care that the principal employs a lobbyist.
(e) No person or entity shall offer, give, or agree to give an official or employee a gift, and no official
or employee shall accept or agree to accept a gift from a person or entity, because of:
(1) An official public action taken or to be taken, or which could be taken;
(2) A legal duty performed or to be performed or which could be performed; or
(3) A legal duty violated or to be violated, or which could be violated by any official or employee.
(f) Gift reports. Any official or employee who receives a gift in excess of one hundred dollars
($100.00) shall report that gift in accordance with this section.
(1) Gift reports for officials and employees identified by state law as reporting individuals. Those
persons required to report gifts pursuant to state law shall report those gifts in the manner
provided by Florida Statutes, § 112.3148, as may be amended. A copy of each report shall be
filed with the county commission on ethics.
(2) All other officials and employees who are not reporting individuals under state law.
a. Personal Gifts. All officials and employees who are not reporting individuals under state law
are not required to report gifts in excess of one hundred dollars ($100.00) so long as those
gifts are given to the official or employee by a personal friend or co-worker and the
circumstances demonstrate that the motivation for the gift was the personal or social
relationship rather than an attempt to obtain the goodwill or otherwise influence the official
or employee in the performance of his or her official duties. Factors to be considered in
determining whether a gift was motivated by a personal or social relationship may include
but shall not be limited to: whether the relationship began before or after the official or
employee obtained his or her office or position; the prior history of gift giving between the
individuals; whether the gift was given in connection with a holiday or other special
occasion; whether the donor personally paid for the gift or sought a tax deduction or
business reimbursement; and whether the donor gave similar gifts to other officials or
employees at or near the same time. If the personal friend or co-worker is a vendor,
lobbyist or principal or employer of a lobbyist that lobbies the county or municipality as
applicable, then the official or employee shall not accept a gift in excess of $100 in
accordance with subsections (a)(1) and (b)(1).
b. All other gifts. All officials or employees who are not reporting individuals under state law
and who receive any gift in excess of one hundred dollars ($100.00), which is not otherwise
excluded or prohibited pursuant to this subsection, shall complete and submit an annual gift
disclosure report with the county commission on ethics no later than November 1 of each
year beginning November 1, 2011, for the period ending September 30 of each year. All
officials or employees who are not reporting individuals under state law and who do not
receive a gift in excess of one hundred dollars ($100.00) during a given reporting period shall
not file an annual gift disclosure report. The annual gift disclosure report shall be created by
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the county commission on ethics and shall be in a form substantially similar in content as
that required by state law.
(g) For the purposes of this section, "gift" shall refer to the transfer of anything of economic value,
whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise,
or in any other form, without adequate and lawful consideration. Food and beverages
consumed at a single setting or a meal shall be considered a single gift, and the value of the food
and beverage provided at that sitting or meal shall be considered the value of the gift. In
determining the value of the gift, the recipient of the gift may consult, among other sources,
section 112.3148, Florida Statutes and the Florida Administrative Code as may be amended.
(1) Exceptions. The provisions of subsection (g) shall not apply to:
a. Political contributions specifically authorized by state or federal law;
b. Gifts from relatives, domestic partners, and dependents named on the official’s or
employee’s latest federal income tax return, or one's household member;
c. Awards for professional or civic achievement;
d. Materials such as books, reports, periodicals or pamphlets which are solely informational or
of an advertising nature;
e. Gifts solicited or accepted by county or municipal officials or employees as applicable on
behalf of the county or municipality in performance of their official duties for use solely by
the county or municipality for a public purpose;
f. Publicly advertised offers for goods or services from a vendor under the same terms and
conditions as are offered or made available to the general public;
g. Inheritance or other devise;
h. Registration fees and other related costs associated with educational or governmental
conferences or seminars and travel expenses either properly waived or inapplicable
pursuant to section 2-443(f), provided that attendance is for governmental purposes, and
attendance is related to their duties and responsibilities as an official or employee of the
county or municipality;
i. A ticket, pass or admission in connection with public events, appearances or ceremonies
related to official county or municipal business, if furnished by a nonprofit sponsor
organization of such public event, or if furnished pursuant to a contract between the event
sponsor and the county or municipality as applicable provided the sponsor organization
does not employ a lobbyist, and further provided the ticket, pass or admission is given by a
representative of the sponsor organization who is not otherwise a vendor, lobbyist, principal
or employer of a lobbyist. Notwithstanding the exception as provided in this subsection, the
ticket, pass or admission must be disclosed in accordance with the gift law reporting
requirements of subsections 2-444(f)(1) and (f)(2);
j. Expenditures made in connection with an event sponsored by a nonprofit organization
funded in whole or in part with public funds whose primary function is to encourage and
attract tourism or other business opportunities for the benefit of Palm Beach County or the
municipalities as applicable, provided the sponsor organization does not employ a lobbyist,
and further provided that the invitation to the event is made by a representative of the
sponsor organization and the representative is not otherwise a vendor, lobbyist, principal or
employer of a lobbyist. Notwithstanding the exception as provided in this subsection, the
expenditure must be disclosed in accordance with the gift law reporting requirements of
subsections 2-444(f)(1) and (f)(2).
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(h) Solicitation of Contributions on Behalf of a Non-Profit Charitable Organization.
(1) Notwithstanding the prohibition on gifts as outlined in subsection 2-444(a) and (b), the
solicitation of funds by a county or municipal official or employee for a non-profit charitable
organization, as defined under the Internal Revenue Code, is permissible so long as there is no
quid pro quo or other special consideration, including any direct or indirect special financial
benefit to the official or employee or to the person or entity being solicited. The solicitation by
an official or employee as contemplated herein, is expressly prohibited if made to any person or
entity with a pending application for approval or award of any nature before the county or
municipality as applicable.
(2) To promote the full and complete transparency of any such solicitation, officials and employees
shall disclose, on a form provided by the Commission on Ethics, the name of the charitable
organization, the event for which the funds were solicited, the name of any person or entity that
was contacted regarding a solicitation or pledge by the official or employee, and the amount of
the funds solicited or pledged if known. The form shall be completed legibly and shall be filed
with the Commission on Ethics. The form shall be filed within 30 days from the occurrence of
the event for which the solicitation was made, or if no event, within 30 days from the
occurrence of the solicitation.
(3) Officials and employees may not use county or municipal staff or other county or municipal
resources in the solicitation of charitable contributions described in this subsection.
Sec. 2-445. Anti-nepotism law.
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. An individual may not be appointed, employed, promoted, or
advanced in or to a position in the county or a municipality if such appointment, employment,
promotion, or advancement has been advocated by an official, serving in or exercising jurisdiction or
control over the county or municipality as appropriate, who is a relative or domestic partner of the
individual or if such appointment, employment, promotion, or advancement is made by a collegial body
of which a relative of the individual is a member. However, this section shall not apply to appointments
to boards other than those with land-planning or zoning responsibilities in those municipalities with less
than 35,000 population. This section does not apply to persons serving in a volunteer capacity who
provide emergency medical, firefighting, or police services. Such persons may receive, without losing
their volunteer status, reimbursements for the costs of any training they get relating to the provision of
volunteer emergency medical, firefighting, or police services and payment for any incidental expenses
relating to those services that they provide. Mere approval of budgets shall not be sufficient to
constitute “jurisdiction or control” for the purposes of this section.
(1) For the purposes of this section, " official" means any official or employee in whom is vested the
authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint,
employ, promote, or advance individuals or to recommend individuals for appointment,
employment, promotion, or advancement in connection with employment in the county or
municipality as applicable.
(2) For the purposes of this section, "relative" means spouse, parent, child, sibling, uncle, aunt, first
cousin, nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-
law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-
brother, or half-sister.
11 | Page
Sec. 2-446. Ethics training.
(a) Officials and employees, as public servants, are considered stewards of the public trust and
should aspire to the highest level of integrity and character. Officials and employees shall be
informed of their ethical responsibilities at the start of their public service, and shall receive
updates and training materials on ethics issues throughout the span of their public service. The
county administrator or municipal administrator as applicable shall establish by policy a
mandatory training schedule for all officials and employees which shall include mandatory
periodic follow-up sessions. This policy may also address ethics training for entities that receive
county or municipal funds as applicable.
(b) The commission on ethics shall develop and deliver, or contract with other entities to develop
and deliver, training programs. The commission on ethics shall coordinate and cooperate with
all affected county or municipal entities, departments, agencies, boards, councils and
commissions to ensure that effective and meaningful training experiences are delivered in a
timely and efficient manner.
Sec. 2-447. Noninterference.
It shall be a violation of this article for any person: (a) to retaliate against, punish, threaten, harass, or
penalize any person for communicating, cooperating with, or assisting the commission on ethics or the
inspector general; or (b) to interfere, obstruct or attempt to interfere or obstruct without valid legal
basis any investigation conducted by the commission on ethics or the inspector general.
Sec. 2-448. Administration, enforcement and penalties.
(a) The commission on ethics shall be empowered to review, interpret, render advisory opinions,
and enforce this code of ethics pursuant to the procedures established in the county
commission on ethics ordinance. Jurisdiction of the commission on ethics with respect to
advisory opinions rendered shall extend to all county and municipal officials and employees, and
all other persons and entities required to comply with the provisions of this code and the county
lobbyist registration ordinance, including but not limited to lobbyists, their employers and
principals, and contractors and vendors.
(b) A finding by the commission on ethics of a violation of any part of this article shall subject the
person or entity to public reprimand, a fine of up to five hundred dollars ($500.00), or both. The
commission on ethics may also order the person or entity to pay restitution when the person or
entity or a third party has received a pecuniary benefit as a result of the person's violation.
(c) Upon a finding of the commission on ethics that a violation of this article or the lobbyist
registration ordinance resulted in a contract, grant, subsidy, license, permit, franchise, use,
certificate, development order or other benefit conferred by the county or municipality as
applicable, then such contract, grant, subsidy, license, permit, franchise, use, certificate,
development order or other benefit may be rescinded or declared void by the board of county
commissioners or the local municipal governing body as applicable.
(d) The commission on ethics may in its discretion refer willful violations of sections 2-443, 2-444(a),
2-444(b), 2-444(c), 2-444(e), or 2-447 to the state attorney. Pursuant to Florida Statutes,
§125.69, a person who violates the sections of the article set forth in this section 2-448(d) shall
be subject to prosecution in the name of the state in the same manner as first degree
misdemeanors are prosecuted, and upon conviction, such person shall be punished by a fine not
to exceed one thousand dollars ($1,000.00), imprisonment not to exceed one (1) year, or both.
2633 Vista Parkway, West Palm Beach, FL 33411 561.233.0724 FAX: 561.233.0735
Hotline: 877.766.5920 E-mail: ethics@palmbeachcountyethics.com
Website: www.palmbeachcountyethics.com
ACKNOWLEDGEMENT OF RECEIPT
PALM BEACH COUNTY CODE OF ETHICS
TRAINING FOR MUNICIPAL
EMPLOYEES AND OFFICIALS*
Check those items that apply
I acknowledge that I have read a copy of the Palm Beach County Code of Ethics
(printed or posted on the intranet/internet) andcompleted additional training by:
Watching the Code of Ethics Training Program on the Intranet/Internet.
Watching the Code of Ethics Training Program on DVD.
Attending a live presentation given on ____________, 20__.
I understand that I am responsible for understanding and abiding by the Palm Beach
County Code of Ethics as I conduct my assigned duties during my term of employment.
I also understand that the information in this policy is subject to change. Policy changes
will be communicated to me by my supervisor or through official notices.
________________________________________________________________
(Clearly Print Your Legal Name) (Clearly Print the Name of Your Department)
________________________________________________________________
(Legal Signature) (Date)
Employees: Submit signed form to your Department Head
Department Heads: Submit signed forms to Records, Human Resources
AdvisoryBoard Members:Submit signed forms to appropriate municipal representative
*This Form is for Municipal Employeesand
Elected/AppointedOfficials