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

PART 5. - RESERVED [250] (250) Editor's note— Ord. 2011-232-E, §§ 2, 3, in effect repealed former Pt. 5, which pertained to miscellaneous malfeasance or misfeasance, by renumbering former §§ 602.501—602.505 as §§ 601.206, 601.115, 601.116, 601.110, and 602.1204, respectively, and specifically repealing former § 602.506. Former § 602.506 pertained to forfeiture of pension rights, and derived from Ord. 97-890-E, § 1. PART 6. - OFFICE OF ETHICS, COMPLIANCE AND OVERSIGHT SUBPART A. - CREATION AND ORGANIZATION SUBPART B. - DUTIES SUBPART C. - INDEPENDENT AUTHORITIES SUBPART A. - CREATION AND ORGANIZATION Sec. 602.611. - Office of Ethics, Compliance and Oversight; Creation. Sec. 602.612. - Organization. Sec. 602.611. - Office of Ethics, Compliance and Oversight; Creation. (a) There is hereby created, pursuant to Section 1.203 of the Charter of the City of Jacksonville, the Office of Ethics, Compliance and Oversight, the purpose of which is to coordinate and handle citywide Jacksonville, Florida, Code of Ordinances Page 15 of 37  TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS ethics training, compliance, and oversight issues. In furtherance of the above, the Office shall ensure the investigation of all situations involving fraud, waste, corruption and conflicts of interest by city officials and employees, and to staff the Jacksonville Ethics Commission. The organization and administration of the office shall be independent to assure that no external interference or influence adversely affects the independence and objectivity of the office. (b) The Office of Ethics, Compliance and Oversight is an independent office which is: (1) Independently budgeted and accounted for; and (2) Whose executive director is appointed by the Jacksonville Ethics Commission subject to Council confirmation; and (3) Whose budget is recommended to the Mayor by the Director of the Office of Ethics, Compliance and Oversight and approved by Council. (Ord. 2011-197-E, § 1) Sec. 602.612. - Organization. (a) Staffing. (1) General staffing. The Office of Ethics, Compliance and Oversight shall be staffed, at the discretion of the Ethics Commission, and subject to available funding, with a director and such other executive positions approved by Council, each of whom must be knowledgeable and experienced in management, leadership, auditing, oversight, investigation, training, contract administration, and clerical functions deemed necessary to the proper functioning of the office. (2) Director. (i) Appointment. The director of the Office of Ethics, Compliance and Oversight shall be a registered Duval County voter at the time of hire, or shall relocate to Duval County within six (6) months of hire, and shall be appointed for a term of three (3) years by the Jacksonville Ethics Commission, and the appointment shall be confirmed by Council. The Director shall be exempt from civil service. (ii) Separation. The director may be separated from employment by the Jacksonville Ethics Commission before the completion of his or her term for cause, which shall include misfeasance, malfeasance, or conduct unbecoming or detrimental to the performance of his or her position or the integrity of the Office of Ethics, Compliance and Oversight. Separation shall only be effected at a public meeting, and only after the employee has been provided a minimum of 60 business days written notice of the basis for cause and has been provided an opportunity to be informally heard at the public meeting. The 60-day written notice shall be reduced to 15 days written notice in the event of the director's arrest for a felony. (iii) Vacancy. In the event of a director vacancy, the position shall be filled temporarily by a non-confirmed appointment by the Ethics Commission for a period not to exceed 180 days, and then as provided for in subsection (i) above. (3) Volunteers. The Director may utilize the services of such volunteer personnel who have agreed to perform services without compensation, in accordance with the volunteer policies of the Division of Human Resources. Such volunteer personnel shall act with such authority as granted Jacksonville, Florida, Code of Ordinances Page 16 of 37  TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS by the Ethics Commission. (b) Administrative support. (1) Additional staffing. The Director of the Office of Ethics, Compliance and Oversight shall have the power to appoint, employ, and remove such other personnel as is deemed necessary for the efficient and effective administration of the activities of the office, subject to the budget approval of City Council. All such appointees shall serve at the pleasure of the Director and shall be exempt from civil service. (2) Supplemental support. To the extent that additional support is necessary beyond that which is funded by Council, administrative support shall be provided by the Office of General Counsel, and investigative support shall be provided both by the Council Auditor's Office and the Office of General Counsel, all at the request of the Ethics Commission. (3) Legal Support. Pursuant to the Charter, the Office of General Counsel shall provide legal services to the Office of Ethics, Compliance and Oversight. Recognizing that legal conflicts may present themselves from time to time, special counsel may be retained in accordance with Section 108.505 Ordinance Code. (c) Qualifications. The Executive Director shall have a bachelor's degree or higher from an accredited college or university, with a preference for an advanced degree in applied ethics, law, or public administration; at least ten years experience in related activities such as administration of an ethics office or activity, ethics related legal work, criminal justice administration; and administrative experience. (Ord. 2011-197-E, § 1) SUBPART B. - DUTIES Sec. 602.621. - Duties. Sec. 602.622 - Department/Independent Agency Ethics Officers. Sec. 602.623. - Confidentiality/Whistleblowing. Sec. 602.621. - Duties. The Office of Ethics, Compliance and Oversight, through its executive officials, shall have authority to: (a) Encourage compliance with the spirit and letter of ethics laws, and provide advice and training to departments and agencies; (b) Develop policies, programs and strategies to deal with all ethics-related matters; (c) Develop training and education programs with assistance of the General Counsel and City training personnel; (d) Organize a citywide Ethics Coordination Council with one representative each from the executive branch, the legislative branch, each constitutional officer and each independent agency, Jacksonville, Florida, Code of Ordinances Page 17 of 37  TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS with the purpose of avoiding duplication of ethics resources, sharing best practices and training, evaluating risk areas and devising plans to eliminate any city fraud, waste or corruption; (e) Review periodically this Code and other applicable laws and regulations and recommend appropriate changes to this Code; (f) Administer a confidential "Hotline" for the discovery of government waste, fraud, and ethics violations; (g) Respond to requests for assistance from all public officers and employees subject to this Ethics Code; (h) Act as the executive officer of the Jacksonville Ethics Commission, responsible for its administration and operation; (i) Work with the human resources and procurement offices and other appropriate divisions to integrate ethics into procurement, hiring, retention and promotion policies of the executive branch of the City and to share these practices with the Ethics Coordination Council; (j) Lead, direct, and be responsible for the development of the citywide ethics plan and report to be created by the Ethics Coordination Council; (k) Investigate, review and report on City issues, and past, present and proposed programs, activities, accounts, records, contracts and transactions all as related to the prevention and remediation of conflicts of interest, fraud, waste, and corruption; (l) Request and obtain data relevant to its authorized investigations and to receive full access to the records of all elected and appointed city officials and employees, and departments, divisions, agencies and contractors and other persons and entities doing business with the City and/or receiving City funds, that is not otherwise deemed confidential by law, regarding any such contracts or transactions with the City. All elected and appointed City and county officials and employees, and contractors and other parties doing business with the City and/or receiving City funds shall fully cooperate with the Office of Ethics, Compliance and Oversight. (m) Where possible violations of any state, federal or local law are suspected, to notify the appropriate civil, criminal or administrative agencies, and assist those agencies as appropriate. In the case of a possible violation of a human resource rule, regulation or policy governing a City employee, the official shall also notify the City administrator and the head of the department for which the employee works, unless to do so would otherwise jeopardize an ongoing investigation. (n) Personnel within the office shall not interfere with any ongoing criminal investigation or prosecution of the state attorney or the U.S. Attorney for the Middle District of Florida. When the state attorney or the U.S. Attorney for the Middle District of Florida has explicitly notified the office in writing that the investigation is interfering with an ongoing criminal investigation or prosecution, then all investigative activities shall be suspended. (o) Respond to requests for assistance from all public officers subject to this Ethics Code. (Ord. 2011-197-E, § 1) Jacksonville, Florida, Code of Ordinances Page 18 of 37  TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS Sec. 602.622 - Department/Independent Agency Ethics Officers. (a) The Mayor, the Council President, each constitutional officer, and each executive director of the independent agencies of the City shall designate one of their employees as an "Ethics Officer." Each Ethics Officer's duties are in addition to his or her principal operational role unless there is an approved budget for a separate position dealing exclusively with ethics and oversight functions.