Okaloosa County BOCC — January 18, 2013 — reading text

each year, provide a list of appointees who qualify as "Appointed Employees" to the Ethics Office. (3) Any person appointed by the City Council, except persons employed solely in maintenance, clerical, secretarial, or similar positions; the Council Secretary shall, on July 1st of each year, provide a list of appointees who qualify as "Appointed Employees" to the Ethics Office. (4) The executive director or chief executive officer of any agency. (d) Appointed official means any person appointed to any board, commission, or authority, but excludes any advisory body official. (e) Business entity means a corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual or trust, whether fictitiously named or not, doing business in the City. (f) City means the Consolidated City of Jacksonville. (g) Civil service employee means any individual, other than an individual exempted by Section 17.06, Charter of the City of Jacksonville, receiving compensation for services performed for the city, except individuals performing services as independent contractors. (h) Compensation, as used in Sections 602.801-803, Jacksonville Ordinance Code, means any payment received or to be received by a lobbyist for the performance of lobbying activities, whether the compensation is in the form of a fee, salary, retainer, forbearance, forgiveness, or Jacksonville, Florida, Code of Ordinances Page 3 of 37 Packet Pg. 275  8.1.d TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS other form of valuable recompense, or any combination thereof. (i) Code means the Jacksonville Ethics Code, Chapter 602, Ordinance Code. (j) Controlling interest means that the person owns or has an interest in a business entity sufficient to allow him or her to control its operations. In the absence of evidence to the contrary, (1) ownership of (i) ten percent of the voting stock in a corporation or (ii) any interest in a partnership, limited partnership (if this interest is other than as a limited partner with no legal right of control, management or operation), firm, enterprise, franchise or association or (2) the holding of an office in the corporate or business structure which is associated with the management and operation of the business entity, shall be deemed to be a controlling interest. Attachment: Jacksonville Ethics Code.pdf (1256 : Ethics Ordinance) (k) Elected official means any individual elected to any office created by the Charter of the City of Jacksonville. (l) Employee means any individual, other than an elected official, receiving compensation for services performed for the City except individuals who perform services as independent contractors. (m) Ethics commission means the Jacksonville Ethics Commission. (n) Executive branch department means a department of the City created in Chapters 20-40, Ordinance Code. (o) Fair market value means the price that would be paid by a willing buyer to a willing seller in a good faith transaction in which neither party is compelled to enter. (p) Gift (1) Gift means that which is accepted by a donee or by another on the donee's behalf, or that which is paid or given to another for or on behalf of a donee, directly, indirectly, or in trust for his or her benefit or by any other means, for which equal or greater consideration is not given. Among other things, a gift may be: (i) Real property; (ii) The use of property; (iii) Tangible or intangible personal property; (iv) The use of tangible or intangible personal property; (v) A preferential rate or terms on a debt, loan, goods, or services, which rate is below the customary rate and is not either a government rate available to all other similar situated government employees or officials or a rate which is available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin; (vi) Forgiveness of indebtedness; (vii) Transportation, other than that provided to a public officer or employee by an agency in relation to officially approved governmental business, lodging or parking; Jacksonville, Florida, Code of Ordinances Page 4 of 37 Packet Pg. 276  8.1.d TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS (viii) Food or beverage; (ix) Membership dues; (x) Entrance fees, admission fees, or tickets to events, performance or facilities; (xi) Plants, flowers, or floral arrangements; (xii) Services provided by persons pursuant to a professional license or certificate; (xiii) Other personal services for which a fee is normally charged by the person providing the services; Attachment: Jacksonville Ethics Code.pdf (1256 : Ethics Ordinance) (xiv) Any other similar service or thing having an attributable value not already provided for in this Section. (2) Gift does not include: (i) Salary, benefits, services, fees, commissions, or expenses associated primarily with the donee's employment or business, or provided to the donee as part of the donee's bona fide fact finding efforts on behalf of his or her agency, or provided to the donee by the city, and does not include gifts provided by the City or any governmental agency, to the extent that such gift is not inconsistent with the applicable provisions of Section 112.3148, Florida Statutes; (ii) Contributions or expenditures reported pursuant to F.S. Ch. 106, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party; (iii) An award, plaque, certificate, or similar personalized item given in recognition of the donee's public, civic, charitable, or professional service; (iv) An honorary membership in a service or fraternal organization presented merely as a courtesy by such organization; (v) The use of a public facility or public property, made available by a governmental agency, for a public purpose; (vi) An honorarium or an expense related to an honorarium event paid to a person or a person's spouse; (vii) Transportation provided to an officer or employee by an agency in relation to officially approved governmental business. (viii) Gifts provided directly or indirectly by a state, regional or national organization which promotes the exchange of ideas between, or the professional development of, governmental officials, officers, or employees, and whose membership is primarily composed of elected or appointed officials, officers, or staff, to members of that organization or officials, officers, or staff of a governmental agency that is a member of that organization. (ix) Gifts solicited or accepted from a relative, as that term is defined in F.S. § Jacksonville, Florida, Code of Ordinances Page 5 of 37 Packet Pg. 277  8.1.d TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS 112.312(21). (3) For purposes of Section (1) above, intangible personal property means property as defined in F.S. § 192.001(11)(b). (q) Governmental action means any administrative or legislative action other than an action which is ministerial or quasi-judicial in nature. (r) Honorarium (1) Honorarium means a payment of money or anything of value, directly or indirectly, to a reporting individual or procurement employee, or to any other person on his or her behalf, as consideration for: Attachment: Jacksonville Ethics Code.pdf (1256 : Ethics Ordinance) (i) A speech, address, oration or other oral presentation by the reporting individual or procurement employee, regardless of whether presented in person, recorded, or broadcast over the media; (ii) A writing by the reporting individual or procurement employee, other than a book, which has been or is intended to be published. (2) The term honorarium does not include: (i) The payment for services related to employment held outside the reporting individual's public position which resulted in the person becoming a reporting individual; (ii) Any ordinary payment or salary received in consideration for services related to the reporting individual's or procurement employee's public duties; (iii) A campaign contribution reported pursuant to F.S. Ch. 106 (iv) The payment or provision of actual and reasonable transportation, lodging, and food and beverage expenses related to the honorarium event, including any event or meeting registration fee, for a reporting individual or procurement employee and spouse. (s) Immediate family means: (1) A spouse and (2) Any dependent minor child; while "family" includes a spouse, parent, grandparent, grandchild, child, or sibling. (t) Independent agency means the Duval County School Board, the Jacksonville Transportation Authority, the Jacksonville Port Authority, the Jacksonville Aviation Authority, the