Okaloosa County BOCC — April 27, 2013 — reading text

Florida Statutes, 1975, thereby obligating every purchasing official to an impeccable standard of ethics and conduct. A. “Procurement employee” means any employee of an officer, department, board, commission, or council of the executive branch or judicial branch of state government who participates through decision, approval, disapproval, recommendation, 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 s.287.012, if the cost of such services or commodities exceeds $1,000 in any year. B. A reporting individual or procurement employee is prohibited from soliciting any gift from a political committee or committee of continuous existence, as defined in s.106.011, or from a lobbyist who lobbies the reporting individual’s or procurement employee’s agency, or the partner, firm, employer, or principal of such lobbyist, where such gift is for the personal benefit of the reporting individual or procurement employee, another reporting individual or procurement employee, or any member of the immediate family of a reporting individual or procurement employee. C. General Standards of Ethical Conduct The provisions of Section 112.113, Florida Statutes, pertaining to the standards of conduct for public officers and employees shall expressly apply to the Okaloosa County Purchasing Manual and all county officials and employees. A violation of Section 112.313, Florida Statutes, pertaining to purchasing or contractual relationships shall also be deemed a violation of this Manual. Specific statutory provisions pertaining to purchasing and contracting include, but are not limited to: Section 112.313 (standards of conduct); Section 180.24 (bids on construction contracts); Section 218.70, et. seq. (the Florida Prompt Payment Act); Section 225.20 (local bid law), Section 287.055 (consultants’ competitive negotiation act); Sections 336.41 and 336.44 (county roadwork). Conflict of Interest 1. Any attempt to realize personal gain through public employmentservice by conduct inconsistent with the proper discharge of the official/employee’s duties is a breach of a public trust. In addition, it shall be unethical for any official/employee to fail to meet any other applicable standards set forth in this section or to participate directly or indirectly in aany procurement when the official/employee knows that:-: 10 Revised – 11/09/98, 03/21/00, 09/18/01, 03/19/02, 09/07/04, 05/15/07, 09/04/07, 09/03/08, 09/12/2011 10 Packet Pg. 780  8.6.c.c a. The official/employee or any member of the official/employee’s immediate family has a financial interest pertaining to the procurement; b. Any other person, business, or organization with whom the official/employee or any member of an official/employee’s immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement. c. Any official/employee or any member of an official/employee’s Attachment: Compare version 5 with original.pdf (1517 : Revisions to the Purchasing Manual) immediate family who holds a financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest. D. 2. A Conflict of Interest Disclosure Form, see Form Appendices, shall be included in all procurements of goods and services which are competitively bid. Additionally, any purchase of goods or services in excess of $2,500 made by any contractor on behalf of the County, shall require a Conflict of Interest Disclosure Form to be submitted to the County by the supplier. Gratuities & Kickbacks – It shall be unethical for any person, entity or committee to offer, give or agree to give any official/employee or former official/employee, or for any official/employee or former official/employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, 11 Revised – 11/09/98, 03/21/00, 09/18/01, 03/19/02, 09/07/04, 05/15/07, 09/04/07, 09/03/08, 09/12/2011 10 Packet Pg. 781  8.6.c.c investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. E. National Institute of Governmental Purchasing (NIGP) Code of Ethics – The Okaloosa County Purchasing Department supports the attachedfollowing NIGP Code of Ethics (attached) and adheres to their philosophy of protecting the public trust.: Attachment: Compare version 5 with original.pdf (1517 : Revisions to the Purchasing Manual) 12 Revised – 11/09/98, 03/21/00, 09/18/01, 03/19/02, 09/07/04, 05/15/07, 09/04/07, 09/03/08, 09/12/2011 10 Packet Pg. 782  8.6.c.c NIGP CODE OF ETHICS The Institute believes, and it is a condition of membership, that the following ethical principles should govern the conduct of every person employed by a public sector procurement or materials management organization. Seeks or accepts a position as headdirector (or employee) only when fully in accord with the Attachment: Compare version 5 with original.pdf (1517 : Revisions to the Purchasing Manual) professional principles applicable thereto and when confident or possessing the qualifications to serve under those principles to the advantage of the employing organization. Believes in the dignity and worth of the service rendered by the organization, and the societal responsibilities assumed as a trusted public servant. Is governed by the highest ideals of honor and integrity in all public and personal relationships in order to merit the respect and inspire the confidence of the organization and the public being served. Believes that personal aggrandizement or personal profit obtained through misuse of public or personal relationships is dishonest and not tolerable. Identifies and eliminates participation of any individual in operational situations where a conflict of interest may be involved. Believes that members of the Institute and its staff should at no time, or under any circumstances, accept directly or indirectly, gifts, gratuities, or other things of value from suppliers, which might influence or appear to influence purchasing decisions. Keeps the governmental organization informed, through appropriate channels, on problems and progress of applicable operations by emphasizing the importance of the facts. Resists encroachment on control of personnel in order to preserve integrity as a professional manager. Handles all personnel matters on a merit basis, and in compliance with applicable laws prohibiting discrimination in employment on the basis of politics, religion, color, national origin, disability, gender, age, pregnancy and other protected characteristics. Seeks or dispenses no personal favors. Handles each administrative problem objectively and empathetically, without discrimination. Subscribes to and supports the professional aims and objectives of the National Institute of Governmental Purchasing, Inc. 13 Revised – 11/09/98, 03/21/00, 09/18/01, 03/19/02, 09/07/04, 05/15/07, 09/04/07, 09/03/08, 09/12/2011 10 Packet Pg. 783  8.6.c.c GUIDELINES TO THE NIGP CODE OF ETHICS I. RESPONSIBILITY TO YOUR EMPLOYER o Follow the lawful instructions or laws of the employer. Understand the authority granted by the employer. Attachment: Compare version 5 with original.pdf (1517 : Revisions to the Purchasing Manual) o Avoid activities, which would compromise or give the perception of compromising the best interest of the employer. o Reduce the potential for any charges of preferential treatment by actively promoting the concept of competition. o Obtain the maximum benefit for funds spent as agents of the employer. II. CONFLICT OF INTEREST o Avoid any private or professional activity that would create a conflict between your personal interest and the interests of your employer. o Avoid engaging in personal business with any company that is a supplier to your employer. o Avoid lending money to or borrowing money from any supplier. III. PERCEPTION o Avoid the appearance of unethical or compromising practices in relationships, actions and communications. o Avoid business relationships with personal friends. Request a reassignment if the situation arises. o Avoid noticeable displays of affection, which may give an impression of impropriety. Avoid holding business meetings with suppliers outside the office. When such meetings do occur, the meeting location should be carefully chosen so as not to be perceived as inappropriate by other persons in the business community or your peers. do occur, the meeting location should be carefully chosen so as not to be perceived as inappropriate by other persons in the business