Okaloosa County BOCC — January 18, 2013 — Jacksonville Ethics Code — reading text

TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS Chapter 602 - JACKSONVILLE ETHICS CODE [248] (248) Editor's note— Ord. 97-890-E, § 1, effective June 4, 1999, amended the Code by repealing former Ch. 602, §§ 602.101—602.114, and added a new Ch. 602. Former Ch. 602 pertained to offenses relating to official duties, and derived from Ord. 83-591-400, § 1, and Ord. 92-1458-1427, § 1. PART 1. - IN GENERAL PART 2. - DEFINITIONS PART 3. - RESERVED PART 4. - CONFLICTS OF INTEREST PART 5. - RESERVED PART 6. - OFFICE OF ETHICS, COMPLIANCE AND OVERSIGHT PART 7. - GIFTS AND HONORARIA PART 8. - LOBBYING PART 9. - JACKSONVILLE ETHICS COMMISSION PART 10. - ETHICS EDUCATION PART 11. - RESERVED PART 12. - GENERAL PROVISIONS (248) State Law reference— Public officers, Fla. Const. Art. II, § 5; ethics in government, Fla. Const. Art. II, § 8; code of ethics, F.S. § 112.311 et seq.; bribery, F.S. § 838.015; unlawful compensation or reward for official behavior, F.S. § 838.016; offenses by public officers and employees, F.S. Ch. 839; allowing escape, F.S. § 843.09 et seq. (Back) PART 1. - IN GENERAL Sec. 602.101. - Legislative intent and declaration of policy; aspirational goals. Sec. 602.101. - Legislative intent and declaration of policy; aspirational goals. It is declared to be the policy of the City of Jacksonville that all officials, officers and employees of the City of Jacksonville and its independent agencies are public servants of the people and hold their positions for the benefit of the public, and that imposing ethical standards upon officials, officers, and employees of all of these agencies serves an important public purpose and serves the public welfare. These public servants shall perform efficiently and faithfully their duties under the laws of the federal, state, and local governments. Such officers and employees shall strive to meet the highest standards of ethics consistent with this Code, regardless of personal considerations, recognizing that maintaining the respect of the people must be their foremost concern. This Code shall serve not only as a basis for discipline of public servants who violate these provisions, but also as an aspirational guide for conduct. The City of Jacksonville consolidated in 1968 in an attempt to create a more responsible government. Jacksonville, Florida, Code of Ordinances Page 1 of 37  TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS Since that time, various provisions from state and local law have been created or adapted to guide the ethical behavior of local public servants. This Code coordinates existing laws, adds new provisions outlining guidelines for appropriate behavior, and includes new substantive provisions which impose higher standards and expectations on public servants. Although the people of Jacksonville have learned from and responded to past mistakes, there should be an aspiration to much higher standards. Ethics is defined as the study of the general nature of morals and moral choices to be made by the individual in his or her relationships with others. Ethics is more than the avoidance of criminal behavior. It is a commitment for public servants to take individual responsibility in creating a government that has the trust and respect of its citizens. There needs to be a proactive approach in strengthening the emphasis on ethics and in guiding City officers and employees in upholding them. To preserve and maintain the integrity of responsible government and its decision-making process, the City of Jacksonville believes it is necessary that the identity, activities and expenditures of certain persons who engage in efforts to influence officers and employees of the City on matters within their official cognizance, either by direct communication or by solicitation of others to engage in such efforts, be publicly and regularly disclosed. The provisions and requirements of this Code shall apply to every person who attempts to influence government action, unless such person is clearly exempt herefrom by an express provision hereof. With the above in mind, the City of Jacksonville hereby adopts the following goals for the City ethics program: (a) Promulgate and implement a comprehensive approach to ethics and integrity in Jacksonville government. (b) Promote public confidence in public officers and employees and the ethical operation of government. (c) Promote and ensure compliance with local, state, and federal ethics law. (d) Centralize laws and regulations on the ethical conduct of City officers and employees. (e) Heighten knowledge and understanding of the laws and ethical principles which are the inherent obligations of City officers and employees. (f) Establish a system to train City officers and employees to encourage compliance with these standards and to also provide for periodic review, education and certification on ethics. (g) Enact an Ethics Officer system that will continue to evolve and update our City's ethics program and to provide guidance and education to all City departments. (h) Educate City officers and employees to avoid the appearance of impropriety. Through this comprehensive code and the above-stated goals, the City will strive to elevate the level of ethics in local government, to provide honest and responsible service to the citizens of Jacksonville, and to maintain the confidence and trust of the public that this government serves. (Ord. 97-890-E, § 1; Ord. 2008-839-E, § 1) Jacksonville, Florida, Code of Ordinances Page 2 of 37  TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS PART 2. - DEFINITIONS Sec. 602.201. - Definitions. Sec. 602.201. - Definitions. For purposes of this Chapter, the words and phrases defined in this Section shall have the following meanings: (a) Advisory body means any board, commission, committee, council or authority, however selected, whose total budget, appropriations, or authorized expenditures constitute less than one percent of the budget of each agency it serves or $100,000, whichever is less, and whose powers, jurisdiction, and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relating to its internal operations. Any board, commission or authority which has the authority to appropriate money or to exercise quasi-judicial functions is specifically excluded. (b) Advisory body official means any person appointed to an advisory body. (c) Appointed employee means a person holding one of the following public positions: (1) Executive branch employees, appointed by the Mayor or by Constitutional Officers and confirmed by the Council; (2) Any other person appointed by the Mayor or by Constitutional Officers, except persons employed solely in maintenance, clerical, secretarial or similar positions; the Mayor, working in coordination with the Constitutional Officers shall, on July 1 of 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  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. (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;