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

person paying or providing the expenses; the amount of the honorarium expenses; the date of the honorarium event; a description of the date of the expenses paid or provided on each day of the honorarium event; and the total value of the expenses provided to the reporting individual in connection with the honorarium event. The annual statement of honorarium expenses shall be filed by July 1 of each year for such expenses received during the previous calendar year. The reporting individual shall attach to the annual statement a copy of each statement received by him or her in accordance with subsection (d) regarding honorarium expenses paid or provided during the calendar year for which the annual statement is filed. Such attached statement shall become a public record upon the filing of the annual report. The annual statement of a reporting individual shall be filed in compliance with state law. Where this Chapter requires a person to file a report and that person is not required to file a report pursuant to state law, the report shall be on a form which is substantially the same in content as that required by state law, and the form shall be submitted annually, by July 1, to the Human Resources Jacksonville, Florida, Code of Ordinances Page 22 of 37  TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS Chief. (Ord. 97-890-E, § 1) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization. PART 8. - LOBBYING Sec. 602.801. - Registration of lobbyists; registration statements. Sec. 602.802. - Restricted activities. Sec. 602.803. - Fee disclosure. Sec. 602.804. - Penalties. Sec. 602.801. - Registration of lobbyists; registration statements. (a) For purposes of the registration provisions of this Part, lobbying is defined as the attempt to influence the governmental decision making of an officer or employee of the City, or of an independent agency, or the attempt to encourage the passage, defeat, or modification of any legislation, proposal or recommendation of the City or of an independent agency, or of an officer or employee of the City or of an independent agency. Lobbying shall not include the following: (1) Legal or settlement discussions directed toward an attorney for the City or of an independent agency; or (2) Participation in a quasi-judicial proceeding involving the City or an independent agency (except that all ex-parte communication to a decision maker or non-lawyer City or independent agency employee constitutes lobbying). (b) Each person who lobbies, for compensation as a lobbyist, any officer or employee of the City, or of an independent agency, shall, prior to commencement of lobbying activities on any issue, register his or her name, the person or entity for which the lobbying is taking place (principal), and the purpose and issue for which the lobbying is taking place, with the City's Council Secretary. Registration may be for an annual period or for a lesser, stated period, but no person may lobby unless he or she is first registered. A person may register as a lobbyist on his or her own volition or he or she may be required by any officer or employee to register before he or she addresses such officer or employee if he or she is not already registered with the Council Secretary. The Council Secretary shall maintain a book in which the registration statements and oaths submitted by lobbyists shall be entered, together with corrections and amendments as herein authorized and required. If a person shall cease to be a lobbyist, his or her registration statement and oath shall be removed from the book of active lobbyists and shall be placed in a book of inactive or former lobbyists; but no person may have a registration statement and oath on file in both books. (c) (1) When a person registers as a lobbyist, he or she shall file a registration statement and oath in the form developed from time to time by the Office of General Counsel, in consultation with the City Ethics Officer, the Council Secretary and the Ethics Commission. The Council Secretary, in consultation with the Office of General Counsel, is authorized to reject or strike non-conforming Jacksonville, Florida, Code of Ordinances Page 23 of 37  TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS registrations. No person may commence or continue lobbying activity related to a rejected or stricken registration statement until such time as a corrected registration statement is submitted and accepted by the Council Secretary. (2) A registration statement may be corrected or amended at any time by the registrant by the submission of a subsequent registration statement and oath setting forth the correcting or additional information that the registrant wishes to place on file. A statement that the subsequent registration statement corrects or amends the previous registration statement shall be inserted in the body of the statement, above the lobbyist's signature, noting the substance of the correction or amendment. A registration statement shall be corrected or amended if any material fact concerning the purpose for which or persons on whose behalf the registrant filed the registration statement changes. (3) A registration statement and oath that is not renewed by the end of the period for which it is filed shall expire and may not thereafter be relied upon by the lobbyist in support of lobbying activities. (d) The following persons shall not be required to register as lobbyists: (1) A public official, City or independent agency employee or salaried employee of a public agency acting in his or her official capacity or in connection with his or her job responsibilities or as authorized or permitted to lobby pursuant to a collective bargaining agreement; (2) A person who only addresses the Council or independent agency board during the "public comment" portion of its meeting agenda; (3) A person who appears at the specific request or under compulsion of the Council or a Council committee; or of the board or committee of the board of an independent agency; (4) Expert witnesses and other persons who give factual testimony about a particular matter or measure, but do not advocate passage or defeat of the matter or measure or any amendment thereto; (5) A person, not exempt under paragraphs (1) through (4) and otherwise meeting the definition of a lobbyist who received no compensation as a lobbyist; (6) A Principal or an officer or employee of a principal who performs lobbying activities as part of his or her assigned duties. (e) This section is limited to registration issues only, and nothing contained in this section shall be interpreted to limit the gift and honoraria solicitation and acceptance prohibitions set forth in Part 7 of this Chapter. (Ord. 97-890-E, § 1; Ord. 2007-329-E, § 3; Ord. 2008-470-E, § 2; Ord. 2008-839-E, § 5) Sec. 602.802. - Restricted activities. No information obtained from registration statements required by Section 602.801, Jacksonville Ordinance Code, or from lists compiled from such statements, shall be sold or utilized by any person for the purpose of soliciting campaign contributions or selling tickets to a testimonial or similar fund-raising affair or for commercial purposes. Jacksonville, Florida, Code of Ordinances Page 24 of 37  TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS (Ord. 97-890-E, § 1) Sec. 602.803. - Fee disclosure. A lobbyist who attempts to persuade or influence a Council Member, a Council committee, or the Council as a whole; or an independent agency board member, committee, or the independent agency as a whole; on any project, contract, development, ordinance, resolution, or agenda item, shall, prior to commencing lobbying efforts, file with the City's Council Secretary a disclosure revealing whether the lobbyist has a financial interest in the contract, development or project that extends beyond its approval, and the percent of that interest. (Ord. 2007-329-E, § 3; Ord. 2008-839-E, § 5) Editor's note— Ord. No. 2007-329-E, § 3, amended the Code by adding a new § 602.803, and renumbering former § 602.803 as a new § 602.804 Sec. 602.804. - Penalties. A person who, knowingly and willfully: (a) Being at the time required to register as a lobbyist and not exempt from registration, fails or refuses to do so; or (b) Having registered as a lobbyist, fails or refuses to properly file with the Council Secretary a corrected or amended registration statement when required by Section 602.801(c) to do so; or fails to disclose on the registration statement any information required by this Part; (c) Continues to act as a lobbyist after the expiration of the period for which the registration statement was filed with the Council Secretary; or (d) Commits, or procures or acquiesces in the commission of, any violation of this Part; shall be guilty of a class D offense against the City. (Ord. 97-890-E, § 1; Ord. 2007-329-E, § 3; Ord. 2008-470-E, § 2) Note—See editor's note, § 602.803 PART 9. - JACKSONVILLE ETHICS COMMISSION [251] (251) Editor's note— Ord. 2011-167-E, §§ 1, 2, amended the Code by repealing former Pt. 9, §§ 602.901—602.904, and adding a new Pt. 9. Former Pt. 9 pertained to similar subject matter, and derived from Ord. 97-890-E, § 1; Ord. 2001-1092-E, § 1; Ord. 2005-1462-E, § 1; and Ord. 2007-329-E, § 3. SUBPART A. - CREATION AND ORGANIZATION SUBPART B. - POWERS AND DUTIES SUBPART C. - PROCEDURES AND DUE PROCESS Jacksonville, Florida, Code of Ordinances Page 25 of 37  TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS SUBPART A. - CREATION AND ORGANIZATION Sec. 602.911. - Jacksonville Ethics Commission; Creation. Sec. 602.912. - Membership, terms, appointment. Sec. 602.911. - Jacksonville Ethics Commission; Creation. There is hereby created, pursuant to Section 1.202 of the Charter of the City of Jacksonville, the Jacksonville Ethics Commission, the purpose of which is to provide a local forum for consideration and investigation of ethical problems and issues. (Ord. 2011-167-E, § 2) Sec. 602.912. - Membership, terms, appointment. (a) Number; terms. The Commission shall be composed of nine members each of whom shall be registered voters of Duval County for six months prior to the introduction of their nomination for confirmation, and who shall be appointed to serve for fixed January 1 to December 31 three-year terms. The terms of the members shall be so staggered that the terms of no more than three members shall expire in any one year. No person shall serve more than two consecutive full terms. If, because of a delay in appointment, a member serves less than two years during the term, then in that event, the term shall not have been