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HomeMy WebLinkAboutAgenda Council Agenda 052511 CITY OF PALM BEACH GARDENS COUNCIL SPECIAL MEETING AGENDA MAY 25, 2011 10:00 A.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS / PRESENTATIONS: a. (Page 2) PALM BEACH COUNTY COMMISSION ON ETHICS TO CONDUCT CODE OF ETHICS TRAINING. IV. 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. 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. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin Council Member Tinsley CODE OF ETHICS Alan S. Johnson Executive Director Palm Beach County Commission on Ethics “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.” Laws, codes, rules and policies are compliance driven -deterrence, detection, penalties, “do’s and don’ts” Values and principles form the foundation of an ethical society -value judgments, right and wrong, appearance of impropriety “Sound ethical judgment calls for more than meeting the moral minimum of the law” Donald Menzel Ethics Moments in Government American Society for Public Administration Sec. 2-442. Definitions. “…Any official or employee of the County, or the municipalities located within the county, whether paid or unpaid.” All personnel All contract personnel or contract administrators performing a government function All advisory board members appointed by the entity 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... 1-You 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 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 “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.” 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” 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) (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…” (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.” (minimum 5% -includes household and relatives’ ownership interest) (3) Excludes certified bargaining agents. “County Officials shall abstain from voting and not participate in any matter that will result in a Financial Benefit…” (same categories 1-7 as in misuse of office) “When abstaining, the Official shall publicly disclose the nature of the conflict…” and complete and file form 8B with the state and COE (be careful, county code of ethics is more restrictive than the state statute) Ordinance is not violated upon disclosure of conflict and abstention from voting provided there is no influence used or financial benefit received not shared by the general public. “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.” Purchase of goods available to the general public “This prohibition shall not apply to Employees who enter into contracts with Palm Beach County or a municipality as part of their official duties within the county or that municipality.” Advisory board members who disclose the transaction or contract at a public meeting and the “...board provides no regulation, oversight, management, or policy-setting recommendations regarding the subject contract or transaction.” No waiver allowed where board is not “purely advisory” and it provides regulation, oversight, etc. over the subject contract or transaction. Waiver permitted “upon full public disclosure” of the contract or transaction (majority plus one of the governing body) if board is purely advisory When county or municipal business is awarded through sealed, competitive bids to the lowest bidder, and: a)The Official or Employee (household members included) have not participated in setting bid specifications or determination of low bid, b)There was no attempt to influence the bid process, c)The employee or official filed a disclosure statement with the Supervisor of Elections and the Commission on Ethics prior to bidding; 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 and your interest has been fully disclosed; Total procurement(s) with your outside employer or business does not exceed $500 per year. a)Employee or relative does not work in the government department which will “enforce, oversee or administer” the contract b)The outside employment will not interfere or impair employees “faithful performance” of public duties c)Employee or relative has not participated in contract award or requirements d)Employee’s job responsibilities and description do not involve the contract in any way e)Employee complies with merit rule f)Employee obtains a waiver from the department head and chief administrative officer 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. 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. 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) Exemption -expenses paid by other governmental entities or organizations of which Palm Beach County (municipality)is a member and 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 “…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.” “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) “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.” Public employees (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” 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) 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) 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 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. 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. 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 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 includes an entity that may respond to a procurement opportunity once it is published) *prohibitions involving advisory board members only extends to vendors, etc. doing business related to the board’s “authority, influence or advice” 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) Non-state reporting individuals only 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 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) 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 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 The following additional items are not considered gifts: Tickets, etc. 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. 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 “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) •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 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 COMPLAINT RECEIVED COMPLAINT NOT LEGALLY SUFFICIENT COMPLAINT DISMISSED COMPLAINT LEGALLY SUFFICIENT: INVESTIGATION BEGINS COMMISSION FINDS NO PROBABLE CAUSE COMPLAINT DISMISSED COMMISSION FINDS PROBABLE CAUSE PUBLIC HEARING SCHEDULED COMMISSIO N FINDS NO VIOLATION COMMITTED COMPLAINT DISMISSED COMMISSION FINDS VIOATION COMMITTED PENALTY IMPOSED COMMISSION RESOLVES COMPLAINT WITHOUT PUBLIC HEARING COMPLAINT PROCESS 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) 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. 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 The following may be prosecuted as a first-degree misdemeanor, punishable by up to one year in jail or a $1000 fine or both: Accepting, soliciting or giving prohibited gifts (code sec. 2-444(a)-(c) & (e)) Interfering with investigations of the Inspector General or Ethics Commission (code sec. 2-447) Commissioners Edward Rodgers, Chair Manuel Farach, Vice Chair Robin N. Fiore Ronald E. Harbison Bruce E. Reinhart PALM BEACH COUNTY COMMISSION ON ETHICS “Honesty, Integrity, Character” ETHICS HOTLINE: 877-766-5920 Ethics@palmbeachcountyethics.com Visit us on our website at: http://www. PalmBeachCountyEthics.com -- FA CITY OF PALM BEACH GARDENS COUNCIL SPECIAL MEETING AGENDA MAY 25,2011 1O:OO A.M. Mayor Levy Vice Mayor Premuroso Council Member Russo = fiwzll~~ Council Member Jablin - WSU,,~ Council Member Tinsley I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. mOUNCEMENTS / PRESENTATI ON!$ a. Lp.lc 21, PALM BEACH COUNTY COMMISSION ON ETHICS TO CONDUCT CODE OF ETHICS TRAINING. IV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any &cision 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 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 O@x 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 800-955-8 770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS COUNCIL SPECIAL MEETING AGENDA MAY 25,2011 1O:OO A.M. MayorLevy J Vice Mayor Premuroso J Council Member Russo Council Member Jablin Council Member Tinsley L/ sm'/- : 10 I. PLEDGE OF AL LEGIANCE 11. ROLL CAL L III. WOWCEMENTS I PRESE NTATIONg a. 21 PALM BEACH COUNTY COMMISSION ON ETHICS TO CONDUCT CODE OF ETHICS TRAINING. IV. ADJOURNME NT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any deciswn made by the City Council with respect to any matter considered at this public hearing, such interestedpersons 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 In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to partkipate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's me at 561-799-4122 no later than 5 days prwr to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8 771 (TDD) or 800-955-8 770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council.