Okaloosa County BOCC — January 18, 2013 — Escambia County Ethics Policy — reading text

Board of County Commissioners Escambia County, Florida Title: Escambia County Code of Ethics – Section II; C. 26 Date Adopted: November 20, 2008 Effective Date: November 20, 2008 Reference: Part III of Chapter 112, Florida Statutes Policy Superseded: March 18, 2004, December 6, 2007 Escambia County Code of Ethics Policy As authorized under the State of Florida Code of Ethics, the Escambia County Board of County As authorized under the State of Florida Code of Ethics, the Escambia County Board of County Commissioners hereby adopts a County Code of Ethics Policy for Escambia County government in accordance with Part III of Chapter 112, Florida Statutes “Code of Ethics For Public Officers and Employees”. All public officers and employees of the Board of County Commissioners will conduct County business pursuant to the Escambia County Code of Ethics Policy in addition to the statutory regulations set out in Part III, Chapter 112, Florida Statutes. The proper operation of democratic County government requires that its public officers and employees be independent, impartial, and responsible to the people; that County decisions and policy be made through proper channels of the governmental structure; that public office must not be used for personal gain; and that the public have confidence in the integrity of its County government. In recognition of these goals, an Escambia County Code of Ethics Policy for all Public Officers and employees is established. A. Persons Governed by the Escambia County Ethics Code Policy 1. Public Officers a. A “public officer” is defined in Sections 112.313(1) and 112.3143(1)(a), Florida Statutes to include persons “elected or appointed to hold office in Escambia County, including any person serving on an advisory body.” b. Examples of such elected and appointed public officers include members of the Board of County Commissioners, Board of Adjustment, and Planning Board. 2. Public Employees a. The term “employee” ‘is not defined in the State Code of ethics, but the First District Court of Appeal has applied in an ethics context the same definition of “employee” as is used in tort actions. Wright v. Commission on Ethics, 389 So.2d 662 (Fla. 1st DCA 1980). b. Examples of such employees include the County Administrator, County Attorney, and all other salaried or hourly workers employed by Escambia County. c. “Independent contractors” hired by the County are not employees and therefore are not governed by provisions in this policy that are applicable to public employees. Page 61S (1 of 11)  3. Candidates for Public Office “Candidates” for public office (defined in Section 112.312(6), Florida Statutes to mean any person who had filed financial disclosure and qualification papers, has taken the candidate’s oath, and seeks to become a public officer by election) are subject to a limited number of ethical provisions; and successful former candidates who have not yet taken office are subject to the gifts law contained in Section 112.3148, Florida Statutes. B. State Code of Ethics All County public officers and employees shall be required to become familiar with the provisions of Part III, Chapter 112, Florida Statutes, including but not limited to the following sections: 1. Section 112.313, Florida Statutes. This section establishes the standard of conduct for public officers and employees of the County. It sets out the standards which must be followed in any official business conducted by public officers or employees of the County, including such matters as the solicitation or acceptance of gifts, doing business with one’s agency, unauthorized compensation, salary and expenses, misuse of public position, conflicting employment or contractual relationships, disclosure or use of County information and certain other matters. 2. Section 112.3135, Florida Statutes. This anti-nepotism section prohibits a public officer from appointing, employing, promoting, or advancing or advocating the appointment, employment, promotion, or advancement of a relative. It does not prohibit two relatives from being employed within the County at the same time. “Relative,” for purposes of this section only, with respect to a public officer, means an individual who is related to the public officer as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. 3. Section 112.3143, Florida Statutes. This section governs public officers who are elected or appointed to hold office in the County, including any person serving on an advisory board. It forbids any County public officer voting in his or her official capacity upon any measure which would inure to his or her special private gain or loss and provides such voting conflicts. 4. Section 112.3144, Florida Statutes. This section requires the full and public disclosure of the financial interests of certain County public officers as specified herein. It establishes the procedure for such filing and the fines for failure to timely file as required. 5. Section 112.3145, Florida Statutes. This section requires that County public officers file disclosures of their financial interests and clients represented before the Board of County Commissioners and other boards and committees. It governs such persons as the members of the Board of County Commissioners, the County Administrator, County Attorney, and other county employees such as the Purchasing Manager, the administrator with the power to grant land development permits; i.e., County Engineer, Chief Building Official; i.e., Director of Building Inspections, County Pollution Control Director and County Environmental Control Director; i.e., Director of Neighborhood and Environmental Services, Members of Planning Board and Board of Adjustment, and Fire Chief. 6. Section 112.3147, Florida Statutes. This section is applicable to all County public officers and employees, who are required to file disclosures with the State Commission on Ethics, to use certain forms as provided by the Commission. Page 61S (2 of 11)  7. Section 112.3148, Florida Statutes. This section governs certain County public officers and employees filing full or limited public disclosure of the financial interests. It defines who a lobbyist is and sets out the reporting and receipt of gifts procedure by individuals filing full or limited public disclosure of financial interests and by procurement employees. 8. Section 112.3149, Florida Statutes. This section deals with the solicitation and disclosure of honoraria. It defines honoraria and how such honoraria may be accepted and reported to the Commission on Ethics. 9. Section 112.3151, Florida Statutes. This section provides for the extension of time for filing certain disclosures. It states the Commission on Ethics may grant for good cause, on an individual basis, an extension of time for filing any disclosure required under the State Code of Ethics. 10. Section 112.317, Florida Statutes. This section provides for the State penalties that County public officers or employees may face for violation of the State Ethics Code. C. Standards of Conduct The conduct of all public appointed officers and employees shall be measured by the standards set out in Part III, Chapter 112, Florida Statutes, and by those additional standards adopted by the County that require a higher standard of conduct than permitted under the State Code of Ethics, including but not limited to the following: 1. Personal Interest in County Contract or Transaction. No County public officer or employee having the power or duty to perform an official action related to a County contract or a transaction shall: a. Have or thereafter acquire any interest in such a contract or transaction, or b. Have an interest in any business entity representing, advising, or appearing on behalf of, whether paid or unpaid, any person involved in such contract or transaction, or c. Have solicited or accepted present or future employment with a person or business entity involved in such contract or transaction, or d. Have solicited, accepted, or granted a present or future gift, favor, service, or thing of value from or to a person involved in such contract or transaction, except as otherwise allowed in the State Code of Ethics. 2. Disclosure or use of Certain Information. No public officer, employee of an agency, or local government attorney shall disclose or use information not available to members of the general public and gained by reason or his or her official position for his or her personal gain or benefit or for the personal gain or benefit of any other person or business entity. 3. Withholding of Information (Required Disclosure). a. No public appointed officers or employees shall withhold any information when the officer or employee knows, or reasonably should know, that a failure to disclose may impair the proper decision making of any County boards, authorities, agencies or committees. In addition to the requirements of Chapter 112, Part II, Code of Ethics for Page 61S (3 of 11)  Public Officers and Employees, members of subordinate boards and committees, and any of the County’s employees who are recommending the approval or denial of a recommendation for any official action shall, prior to any such action, disclose any recent (within the last 90 days) or ongoing business, financial, or investment relationship or interest that may, in the context of the proposed official motion, reasonably be deemed to create the appearance of impropriety. b. Employees classified as Senior Executive Service I or II shall be required to comply with the financial disclosure requirements established pursuant to Section 112.3145, Florida Statute (2007), including any appointed public officer or employee in the Senior Executive Service who does not have an independent obligation to make such financial disclosure under that section. For any SES employee who does not have an independent obligation to make this financial obligation under state law, disclosure shall be made on the Statement of Financial Interest form (attached to this policy). Disclosure shall be made on an annual basis but shall not be made later than July 1 of each year. The County Ethics