Okaloosa County BOCC — January 18, 2013 — reading text

loan, grant, subsidy, license, right, permit, franchise, use, authority, privilege, certificate, ruling, decision, opinion or other benefit that has been awarded, granted, paid, furnished or published, in relation to which there has been any violation of this Chapter. The City shall be entitled to recover, in addition to any penalty prescribed by law or in a Jacksonville, Florida, Code of Ordinances Page 32 of 37 Packet Pg. 304  8.1.d TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS contract, the amount expended or the thing transferred or delivered on its behalf, or the reasonable value thereof. (Ord. 97-890-E, § 1; Ord. 2007-329-E, § 3) Sec. 602.1202. - The Constitution of the State of Florida. All officers and employees of the City and independent agencies shall comply with all applicable provisions of the Constitution of the State of Florida, including, but not limited to the following: (a) Article I, Section 24 (Access to public records and meetings); (b) Article II, Section 8 (Ethics in government). Attachment: Jacksonville Ethics Code.pdf (1256 : Ethics Ordinance) (Ord. 97-890-E, § 1) Sec. 602.1203. - State statutes. In addition to the provisions of this Code, all of officers and employees of the City and independent agencies are expected to comply with the applicable provisions of state laws, including, but not limited to the following: (a) Chapter 99 (Candidates, campaign expenses, and contesting elections); (b) Section 100.361 (Municipal recall); (c) Section 102.031 (Maintenance of good order at polls; authorities; persons allowed in polling rooms; unlawful solicitation of voters; (d) Section 104.071 (Remuneration by candidate for services, support, etc.,; penalty); (e) Section 104.271 (False or malicious charges against, or false statements about, opposing candidates; penalty); (f) Section 104.31 (Political activities of state, County, and municipal officers and employees); (g) Chapter 106 (Campaign financing); (h) Section 111.075 (Elected officials; prohibition concerning certain committees); (i) Section 112.042 (Discrimination in County and municipal employment; relief); (j) Section 112.043 (Age discrimination); (k) Section 112.044 (Public employers, employment agencies, labor organizations, discrimination based on age prohibited; exceptions; remedy); (l) Chapter 112, Part III (Code of ethics for public officers and employees); (m) Chapter 119 (Public records); (n) Section 163.367 (Public officials, commissioners, and employees subject to code of ethics); (o) Section 286.011 (Public meetings and records; public inspection; criminal and civil penalties); Jacksonville, Florida, Code of Ordinances Page 33 of 37 Packet Pg. 305  8.1.d TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS (p) Section 286.0115 (Access to local officials); (q) Section 286.012 (Voting requirements at meeting of government bodies); (r) Chapter 838 (Bribery; misuse of public office); (s) Chapter 839 (Offenses by public officers and employees). (Ord. 97-890-E, § 1) Sec. 602.1204. - Liability for breach of public trust. (a) Article II, Section 8(c) of the Constitution of the State of Florida applies to all officers and Attachment: Jacksonville Ethics Code.pdf (1256 : Ethics Ordinance) employees of the City and independent agencies. Section 8(c) states the following: Any public officer or employee who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the state for all financial benefits obtained by such actions. The manner of recovery and additional damages may be provided by law. (b) Any officer or employee of the City or an independent agency who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the City or an independent agency for all financial benefits obtained by such actions. (Ord. 97-890-E, § 1; Ord. 2011-232-E, § 3) Note—Former § 602.505. Sec. 602.1205. - Additional ordinances. All officers and employee of the City and independent agencies are expected to comply with the applicable provisions of additional ordinances listed in other Chapters of the Ordinance Code, including, but not limited to the following: (a) Section 86.107 (Cooperation with the Jacksonville Equal Opportunity Commission); (b) Chapter 102 (Auditing regulations); (c) Section 106.331 (Indebtedness in excess of appropriates prohibited); (d) Section 106.332 (Transfer of expense funds or expense credits prohibited; (e) Section 106.334 (Personal liability for authorizing expenditures in excess of the amount appropriated; (f) Section 106.336 (Penalties for violation of Sections 106.331 and 106.332); (g) Section 106.431 (Maximum indebtedness required in all City contracts); (h) Section 106.433 (Personal liability for indebtedness in violation); (i) Section 106.434 (Penalties for violation); (j) Section 106.713 (Fraudulent claims re travel expense reimbursement); Jacksonville, Florida, Code of Ordinances Page 34 of 37 Packet Pg. 306  8.1.d TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS (k) Section 122.811 (Sales of tangible personal property; prohibition of sales to certain persons); (l) Sections 124.201—207 (Records retention and disposition); (m) Section 126.104 (Integrity of public contracting and purchasing process); (n) Section 126.110 (Unauthorized purchases and contracts); (o) Section 134.108 (Refusal to obey order during investigation); (p) Section 320.302 (Building and Zoning Inspection Division employees; conflicts); (q) Chapter 400 (Equal opportunity); Attachment: Jacksonville Ethics Code.pdf (1256 : Ethics Ordinance) (r) Chapter 402 (Equal employment opportunity); (s) Section 656.144 (Improper influence). (Ord. 97-890-E, § 1; Ord. 2007-329-E, § 3) Sec. 602.1206. - Personnel rules and regulations. All employees of the City shall comply with the applicable provisions of Sections 11.01—11.04, Civil Service and Personnel Rules and Regulations, to the extent that they do not conflict with the provisions of this code of ethics. (Ord. 97-890-E, § 1) Sec. 602.1207. - Public records. Subject to confidentiality provisions otherwise provided for in this chapter or state law, any record or document required to be filed pursuant to this chapter shall be a public record. (Ord. 97-890-E, § 1; Ord. 2007-329-E, § 3) Sec. 602.1208. - Government in sunshine. (a) All meetings of the Council and of its committees and subcommittees and meetings of the boards and commission of the City are declared to be public meetings open to the public at all times, unless otherwise exempted by Florida law, including section 112.324. No ordinance, resolution, rule, regulation or formal action shall be passed or considered binding except when made at a public meeting. (b) The public meetings required by this Section shall be held in premises owned or leased by federal, state, or local governments, or in premises which otherwise provide full and reasonable access to the public. (c) A person who is a member of a governmental body named in this Section who willfully violates the provisions of this Section by attending a meeting not held in accordance with its provisions shall be guilty of a class D offense. (Ord. 97-890-E, § 1; Ord. 2007-329-E, § 3; Ord. 2010-172-E, § 2) Jacksonville, Florida, Code of Ordinances Page 35 of 37 Packet Pg. 307  8.1.d TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS Sec. 602.1209. - Severability. It is not the intent of this Code to conflict with any applicable state law. If any Section, sentence, clause, phrase or word of this Chapter is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portion of this Chapter; and it shall be construed to have been the legislative intent to pass this Chapter without such unconstitutional, invalid or inoperative part therein; and the remainder of this Chapter, after exclusion of such part of parts, shall be deemed and held to be valid as if such part or parts had not been included therein. (Ord. 97-890-E, § 1) Sec. 602.1210. - Cooperation by appointed employees in official investigations. Attachment: Jacksonville Ethics Code.pdf (1256 : Ethics Ordinance) All appointed employees, as a condition of employment, shall agree to cooperate truthfully, honestly, and completely with official government investigations including but not limited to, investigations by the Ethics Commission, Ethics Officer, State Attorney's Office, or United States Attorneys' Office, concerning his or her official duties or matters related to City government or business. (Ord. 97-890-E, § 1; Ord. 2011-232-E, § 3) Note—Former § 602.409. Sec. 602.1211. - Testimony and questioning of public officials and employees relating to public affairs. (a) No officer or employee of the City or an independent agency, who is called as a witness by or before any City, State or Federal administrative or judicial tribunal, shall refuse to answer before the tribunal any proper question concerning the performance of his or her official duties or to produce books, records and other papers and documents of his or her office or concerning his or her official duties properly required to be produced by or before the tribunal; provided, that the officer or employee shall retain his or her privileges and immunities against self-incrimination provided under the Constitution and laws of the state and