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.