Okaloosa County BOCC — January 18, 2013 — reading text

charges authorized by this Chapter; except that, the issuance of a subpoena to compel the production of documents or testimony shall be authorized by a circuit or county judge of the Fourth Judicial Circuit upon a facial demonstration of the relevancy of the documentation or testimony to the enforcement of a provision of Chapter 602, Ordinance Code, the City of Jacksonville's Ethics Code. (Ord. 2011-167-E, § 2) Attachment: Jacksonville Ethics Code.pdf (1256 : Ethics Ordinance) Sec. 602.933. - Cooperation of other City agencies. The services of other departments, boards and agencies of the City shall be made available to the Commission at its request, subject to their ability and capacity to provide them. Other City agencies shall cooperate with the Commission in the exercise of the Commission's responsibilities. (Ord. 2011-167-E, § 2) Sec. 602.934. - Dismissal of complaints. Notwithstanding any other provisions of this Part, the Commission may, at its discretion: (a) dismiss any complaint at any stage of disposition should it determine that the public interest would not be served by proceeding further, or (b) dismiss any complaint at any stage of disposition and issue a letter of instruction to the respondent when it appears that the alleged violation was inadvertent, unintentional or insubstantial. In the event the Commission dismisses a complaint as provided in this subsection, the Commission shall issue a public report stating with particularity its reasons for the dismissal. The Commission, at the request of the state attorney or any other law enforcement agency, shall stay an ongoing proceeding. The Commission shall not interfere with any ongoing criminal investigation of the state attorney or the U.S. Attorney for the Middle District of Florida. (Ord. 2011-167-E, § 2) Sec. 602.935. - Frivolous or groundless complaints. In any case in which the Commission determines that the complaining party filed a frivolous or groundless complaint as defined in Florida Statutes, § 57.105, or a complaint filed with malicious intent or with knowledge that the complaint contains one or more false allegations, or filed with reckless disregard for whether the complaint contains material false allegations, the Commission may, upon proper notice and hearing, order the complaining party to pay any costs and attorneys' fees incurred by the Commission and/or the alleged violator. Such order may be enforced by the Circuit Court, as are other board orders of the City. (Ord. 2011-167-E, § 2) Sec. 602.936. - Effect on other laws. The provisions of Chapter 602 shall be deemed supplemental to any other applicable county ordinance or state or federal law and are not intended to replace or repeal any provision of state or federal law, or of this Code. Jacksonville, Florida, Code of Ordinances Page 29 of 37 Packet Pg. 301  8.1.d TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS (Ord. 2011-167-E, § 2) Sec. 602.937. - Prospective jurisdiction. The Commission shall be empowered to consider alleged violations within its jurisdiction committed on or after the effective date of this Subpart. (Ord. 2011-167-E, § 2) Sec. 602.938. - Personnel or other regulatory proceedings. Where an officer or employee subject to the jurisdiction of this Chapter is alleged to have violated an ordinance within the jurisdiction of the Commission, and, based upon the same set of facts, is subject to Attachment: Jacksonville Ethics Code.pdf (1256 : Ethics Ordinance) an ongoing disciplinary, regulatory administrative, or criminal action initiated by the officer or employee's agency or employer, or by any other governmental entity with jurisdiction over the officer or employee, the Commission shall stay consideration of a complaint under this Part applicable to said officer or employee until the conclusion of the administrative, civil, or criminal proceeding. Nothing herein shall abridge employees' constitutional right to collective bargaining. (Ord. 2011-167-E, § 2) Sec. 602.939. - Statute of limitations. No action may be taken on a complaint filed more than two (2) years after the violation is alleged to have occurred unless a person, by fraud or other device, prevents discovery of the violation. Where the allegations are the subject of a personnel, criminal or administrative proceeding or where the complainant is required to exhaust his or her administrative remedies prior to filing a complaint, the statute of limitations shall be tolled until the termination of said proceeding or the exhaustion of administrative remedies. (Ord. 2011-167-E, § 2) Sec. 602.940. - Advisory opinions. Any person within the jurisdiction of the Commission, when in doubt about the applicability or interpretation of any provision within the Commission's jurisdiction to himself or herself in a particular context, may submit in writing the facts of the situation to the Commission with a request for an advisory opinion to establish the standard of public duty, if any. A person requesting an advisory opinion may withdraw the request at any time up to ten days before the Commission convenes a public meeting to consider the request. An advisory opinion shall be rendered by the Commission on a timely basis, and each such opinion shall be numbered, dated and published. (Ord. 2011-167-E, § 2) Sec. 602.941. - Review. Any final order of the Commission imposing civil penalties, censure, or costs or attorneys' fees may be reviewed by the Circuit Court, in such manner as is authorized for review of quasi judicial board decisions. (Ord. 2011-167-E, § 2) Jacksonville, Florida, Code of Ordinances Page 30 of 37 Packet Pg. 302  8.1.d TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS PART 10. - ETHICS EDUCATION Sec. 602.1001. - Ethics education program. Sec. 602.1001. - Ethics education program. Officers and employees of the City, as public servants, are considered stewards of the public's trust Attachment: Jacksonville Ethics Code.pdf (1256 : Ethics Ordinance) and should aspire to the highest level of integrity and character. Officers and employees shall be informed of their ethical responsibilities at the start of their work with the City and shall receive updates and training materials on ethics issues throughout the span of their public service, as designated by the City Ethics Office and Ethics Officer(s). (a) Every officer and employee of the City must be responsible for understanding and complying with the provisions of this Chapter. (b) Every elected official shall attend an Ethics in Government Program within 90 days of certification of each election won. Upon fulfillment of this requirement, each elected official will be issued a certificate of completion by the Jacksonville Ethics Office. (c) Every appointed employee shall attend an Ethics in Government Program within the first six months of his/her employment with the City. Upon fulfillment of this requirement, each appointed employee will be issued a certificate of completion by the City Ethics Office. (d) Every employee of the City shall complete an Employee Ethics Training Program within the first six months of his/her employment with the City. Current employees shall complete training as designated in a schedule developed by the City Ethics Office. Upon fulfillment of this requirement, each employee will be issued a certificate of completion by the City Ethics Office. (e) The City Ethics Office shall provide ethics education materials to appointed officials, and encourage appointed officials to attend an Ethics in Government Program. (f) The Ethics in Government Program and Employee Ethics Training Program shall be created and delivered by the City Ethics Office with assistance from the City's Ethics Officer(s), the General Counsel's Office and the Jacksonville Ethics Commission. (g) The programs shall include topics as determined necessary to explain the provisions of this chapter, the Florida Statutes concerning ethics and general ethics issues. Topics may include but are not limited to: (1) Ethics in government and aspirational goals; (2) Campaign finances; (3) Gifts; (4) City contracts; Jacksonville, Florida, Code of Ordinances Page 31 of 37 Packet Pg. 303  8.1.d TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS (5) Potential conflicts with City employees/businesses; (6) Jacksonville Ethics Commission; (7) Public Records and Sunshine Law; (8) Reporting procedures; (9) Punishment and discipline procedures; (10) Awards and incentives. (Ord. 97-890-E, § 1; Ord. 2007-770-E, § 1; Ord. 2007-329-E, § 3) Attachment: Jacksonville Ethics Code.pdf (1256 : Ethics Ordinance) PART 11. – RESERVED ETHICS OFFICERS (Note: This section used to be the “Ethics Officer” Section. This section was eliminated in March 2012 because of the establishment of the new Ethics, Compliance and Oversight Office.) PART 12. - GENERAL PROVISIONS Sec. 602.1201. - Voiding transactions in violation of Chapter; recovery by City. Sec. 602.1202. - The Constitution of the State of Florida. Sec. 602.1203. - State statutes. Sec. 602.1204. - Liability for breach of public trust. Sec. 602.1205. - Additional ordinances. Sec. 602.1206. - Personnel rules and regulations. Sec. 602.1207. - Public records. Sec. 602.1208. - Government in sunshine. Sec. 602.1209. - Severability. Sec. 602.1210. - Cooperation by appointed employees in official investigations. Sec. 602.1211. - Testimony and questioning of public officials and employees relating to public affairs. Sec. 602.1212. - Disclosure of criminal records required. Sec. 602.1213. - Penalty provisions. Sec. 602.1201. - Voiding transactions in violation of Chapter; recovery by City. The Mayor may declare void and rescind any contract,