Okaloosa County BOCC — January 18, 2013 — reading text

Police and Fire Pension Fund, JEA, the Jacksonville Housing Authority, and the Water and Sewer Expansion Authority. (u) Lobbying principal means any person providing compensation to a lobbyist in consideration of his or her performance of lobbying activities, regardless of the technical or legal form of the relationship between the principal and the lobbyist. Principal specifically includes a person whose employee or agent lobbies on behalf of the employer or for the benefit, or in the name of the Jacksonville, Florida, Code of Ordinances Page 6 of 37 Packet Pg. 278  8.1.d TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS employer. (v) Lobbyist means any natural person who, for compensation seeks, or sought during the preceding 12 months, to influence the governmental decision making of an officer or employee of the City or seeks, or sought during the preceding 12 months, to encourage the passage, defeat, or modification of any proposal or recommendation by an officer or employee of the City. (w) Material interest means the direct ownership of more than five percent of the total assets or capital stock of a business entity. (x) Officer means any person elected to any City office and any appointed official. (y) Permitting employee means any employee of the City who participates through decision, Attachment: Jacksonville Ethics Code.pdf (1256 : Ethics Ordinance) approval, disapproval, recommendation or preparation of a permit or permit application. (z) Person includes individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. (aa) Procurement employee means any employee of the City who participates through decision, approval, disapproval, recommendation or preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation or auditing or in any other advisory capacity in the procurement of contractual services or commodities as defined in Section 287.012, Florida Statutes, and Chapter 126, Ordinance Code. (bb) Public official means: (1) Member of the City Council and Council-appointed aides; (2) The Mayor and the Mayor's appointed assistants and aides; (3) Chief Administrative Officer; (4) Head of an Executive department, appointed by the Mayor and confirmed by the Council, which also includes the Executive Director of the Human Rights Commission; (5) Deputy director of an executive department, appointed by the Mayor and confirmed by the Council; (6) Chief of a division of an executive department, appointed by the Mayor and confirmed by the Council; (7) Administrative Aide to the Mayor, appointed by the Mayor under § 6.06 of the Charter; and (8) Personal secretary to the Mayor, appointed by the Mayor under § 6.06 of the Charter; and (9) Any individual whose title under civil service is exempt or unclassified; (cc) Reporting individual means and includes: (1) Elected officials; Jacksonville, Florida, Code of Ordinances Page 7 of 37 Packet Pg. 279  8.1.d TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS (2) Appointed officials; (3) Appointed employees; (4) Procurement employees. (5) Permitting employees; (6) Zoning employees. (dd) Zoning employee means any employee of the City who participates through decision, approval, disapproval, recommendation or preparation of a zoning matter or application. Attachment: Jacksonville Ethics Code.pdf (1256 : Ethics Ordinance) (Ord. 97-890-E, § 1; Ord. 1999-796-E, §§ 1, 2; Ord. 2007-329-E, § 3; Ord. 2008-839-E, § 2) PART 3. - RESERVED Editor's note— Ord. No. 2011-232-E, §§ 2 and 3 effectively repealed former Pt. 3, which pertained to misuse of city employment or city property, by renumbering the former §§ 602.301—602.312, as new §§ 601.114, 601.101, 602.703, 601.401, 601.402, 601.403, 601.404, 601.107, 601.109, 602.401, 601.111 and 601.501, respectively. PART 4. - CONFLICTS OF INTEREST SUBPART A. - CONFLICTING RELATIONSHIPS SUBPART B. - RESERVED SUBPART A. - CONFLICTING RELATIONSHIPS Sec. 602.401. - Misuse of position, information, etc. Sec. 602.402. - Activities of officers and employees in matters affecting City. Sec. 602.403. - Moonlighting provisions. Sec. 602.404. - Soliciting future employment or compensation. Sec. 602.405 - Responsibility of contracts with former employer prohibited. Sec. 602.406. - Public official bid and contract disclosure. Sec. 602.407. - Obstruction of proceedings by City officers or employees. Secs. 602.408—602.410. - Reserved. Sec. 602.411. - Disqualification of former officers and employees in matters connected with former duties or official responsibilities; disqualification of partners. Sec. 602.412. - Prohibited future employment. Jacksonville, Florida, Code of Ordinances Page 8 of 37 Packet Pg. 280  8.1.d TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS Sec. 602.401. - Misuse of position, information, etc. (a) It is unlawful for an officer or employee of the City or an independent agency to intentionally use his or her official position to secure, by coercion or threat, a special privilege or exemption for himself, herself or others, or to secure confidential information for any purpose other than official responsibilities. (b) It is unlawful for an officer or employee of the City or an independent agency to intentionally or knowingly disclose any confidential information gained by reason of said officer or employee's position concerning the property, operations, policies, or affairs of the City or an independent agency, or use such confidential information for pecuniary gain. Attachment: Jacksonville Ethics Code.pdf (1256 : Ethics Ordinance) (c) It is unlawful for an officer or employee of the city or an independent agency, to directly or indirectly lend or borrow over $100, to or from a higher ranking or subordinate employee in the chain of command. It is also unlawful for an officer or employee of the City or an independent agency, to directly or indirectly lend or borrow over $500 to or from anyone else in the officer or employee's department. This subsection shall not be applicable to lending between family members. (Ord. 97-890-E, § 1; Ord. 2007-329-E, § 3; Ord. 2011-232-E, § 3) Note—Former § 602.310. Sec. 602.402. - Activities of officers and employees in matters affecting City. (a) It shall be unlawful and a class C offense for an officer or employee of the City or an independent agency, otherwise than in the proper discharge of his or her official duties: (1) To act as agent or attorney for prosecuting any claim against the City or an independent agency, or to receive any gratuity or any share of or interest in any claim against the City or an independent agency, in consideration of assistance in the prosecution of the claim; (2) To act as agent or attorney for anyone before any unit of government in connection with any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular matter in which the City or an independent agency is a party or has a direct and substantial interest; (3) To act as agent or attorney for anyone before any unit of government in connection with a proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge or other particular matter with respect to which he or she, or a unit of government of which he or she is a member, has acted upon in an official capacity either before or concurrently with his or her acting as agent or attorney. (4) To testify as an expert witness in any proceeding before any body or court over the objection of the City or an independent agency. (b) Nothing in this Section shall prevent an officer or employee of the City or an independent agency, if not inconsistent with the faithful performance of his or her duties, from acting without compensation as agent or attorney for a person who is the subject of disciplinary or other personnel administrative proceedings in connection with those proceedings. (c) Nothing in this Section shall prevent an officer or employee of the City or an independent agency from acting, with or without compensation, as agent or attorney for his or her parents, spouse, child or Jacksonville, Florida, Code of Ordinances Page 9 of 37 Packet Pg. 281  8.1.d TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS any person for whom, or for any estate for which, he or she is serving as personal representative except in those matters in which he or she has participated personally and substantially as an officer or employee of the City or an independent agency, through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise, or which are the subject of his or her official responsibility; provided, that the official responsible for appointment to his or her position approves. (d) Other than the restrictions in paragraph (a)(4) above, nothing in this Section shall prevent an officer or employee of the City or an independent agency from giving testimony under oath or from making statements required to be made under penalty for perjury or