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

2011-167-E, § 2) Sec. 602.938. - Personnel or other regulatory proceedings. Where an officer or employee subject to the jurisdiction of this Chapter is alleged to have violated an ordinance within the jurisdiction of the Commission, and, based upon the same set of facts, is subject to an ongoing disciplinary, regulatory administrative, or criminal action initiated by the officer or employee's agency or employer, or by any other governmental entity with jurisdiction over the officer or employee, the Commission shall stay consideration of a complaint under this Part applicable to said officer or employee until the conclusion of the administrative, civil, or criminal proceeding. Nothing herein shall abridge employees' constitutional right to collective bargaining. (Ord. 2011-167-E, § 2) Sec. 602.939. - Statute of limitations. No action may be taken on a complaint filed more than two (2) years after the violation is alleged to have occurred unless a person, by fraud or other device, prevents discovery of the violation. Where the allegations are the subject of a personnel, criminal or administrative proceeding or where the complainant is required to exhaust his or her administrative remedies prior to filing a complaint, the statute of limitations shall be tolled until the termination of said proceeding or the exhaustion of administrative remedies. (Ord. 2011-167-E, § 2) Sec. 602.940. - Advisory opinions. Any person within the jurisdiction of the Commission, when in doubt about the applicability or interpretation of any provision within the Commission's jurisdiction to himself or herself in a particular context, may submit in writing the facts of the situation to the Commission with a request for an advisory opinion to establish the standard of public duty, if any. A person requesting an advisory opinion may withdraw the request at any time up to ten days before the Commission convenes a public meeting to consider the request. An advisory opinion shall be rendered by the Commission on a timely basis, and each such opinion shall be numbered, dated and published. (Ord. 2011-167-E, § 2) Sec. 602.941. - Review. Any final order of the Commission imposing civil penalties, censure, or costs or attorneys' fees may be reviewed by the Circuit Court, in such manner as is authorized for review of quasi judicial board decisions. (Ord. 2011-167-E, § 2) Jacksonville, Florida, Code of Ordinances Page 30 of 37  TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS PART 10. - ETHICS EDUCATION Sec. 602.1001. - Ethics education program. Sec. 602.1001. - Ethics education program. Officers and employees of the City, as public servants, are considered stewards of the public's trust and should aspire to the highest level of integrity and character. Officers and employees shall be informed of their ethical responsibilities at the start of their work with the City and shall receive updates and training materials on ethics issues throughout the span of their public service, as designated by the City Ethics Office and Ethics Officer(s). (a) Every officer and employee of the City must be responsible for understanding and complying with the provisions of this Chapter. (b) Every elected official shall attend an Ethics in Government Program within 90 days of certification of each election won. Upon fulfillment of this requirement, each elected official will be issued a certificate of completion by the Jacksonville Ethics Office. (c) Every appointed employee shall attend an Ethics in Government Program within the first six months of his/her employment with the City. Upon fulfillment of this requirement, each appointed employee will be issued a certificate of completion by the City Ethics Office. (d) Every employee of the City shall complete an Employee Ethics Training Program within the first six months of his/her employment with the City. Current employees shall complete training as designated in a schedule developed by the City Ethics Office. Upon fulfillment of this requirement, each employee will be issued a certificate of completion by the City Ethics Office. (e) The City Ethics Office shall provide ethics education materials to appointed officials, and encourage appointed officials to attend an Ethics in Government Program. (f) The Ethics in Government Program and Employee Ethics Training Program shall be created and delivered by the City Ethics Office with assistance from the City's Ethics Officer(s), the General Counsel's Office and the Jacksonville Ethics Commission. (g) The programs shall include topics as determined necessary to explain the provisions of this chapter, the Florida Statutes concerning ethics and general ethics issues. Topics may include but are not limited to: (1) Ethics in government and aspirational goals; (2) Campaign finances; (3) Gifts; (4) City contracts; Jacksonville, Florida, Code of Ordinances Page 31 of 37  TITLE XVI - JUDICIAL CODE Chapter 602 - JACKSONVILLE ETHICS CODE PART 12. - GENERAL PROVISIONS (5) Potential conflicts with City employees/businesses; (6) Jacksonville Ethics Commission; (7) Public Records and Sunshine Law; (8) Reporting procedures; (9) Punishment and discipline procedures; (10) Awards and incentives. (Ord. 97-890-E, § 1; Ord. 2007-770-E, § 1; Ord. 2007-329-E, § 3) PART 11. – RESERVED ETHICS OFFICERS (Note: This section used to be the “Ethics Officer” Section. This section was eliminated in March 2012 because of the establishment of the new Ethics, Compliance and Oversight Office.) PART 12. - GENERAL PROVISIONS Sec. 602.1201. - Voiding transactions in violation of Chapter; recovery by City. Sec. 602.1202. - The Constitution of the State of Florida. Sec. 602.1203. - State statutes. Sec. 602.1204. - Liability for breach of public trust. Sec. 602.1205. - Additional ordinances. Sec. 602.1206. - Personnel rules and regulations. Sec. 602.1207. - Public records. Sec. 602.1208. - Government in sunshine. Sec. 602.1209. - Severability. Sec. 602.1210. - Cooperation by appointed employees in official investigations. Sec. 602.1211. - Testimony and questioning of public officials and employees relating to public affairs. Sec. 602.1212. - Disclosure of criminal records required. Sec. 602.1213. - Penalty provisions. Sec. 602.1201. - Voiding transactions in violation of Chapter; recovery by City. The Mayor may declare void and rescind any contract, 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  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). (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  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 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