Agenda 07-30-24The City of
Boynton Beach
City Commission Agenda
Tuesday, July 30, 2024, 6:00 PM
City Hall Commission Chambers
100 E. Ocean Avenue
Boynton Beach City Commission
Ty Penserga, Mayor (At Large)
Aimee Kelley, Vice Mayor (District IV)
Angela Cruz, Commissioner (District I)
Woodrow L Hay, Commissioner (District II)
Thomas Turkin, Commissioner (District III)
Daniel Dugger, City Manager
Shawna Lamb, City Attorney
Maylee De Jesus, City Clerk
City Commission Ethics Workshop and Special Meeting
*Mission*
To create a sustainable community by providing exceptional
municipal services, in a financially responsible manner.
www.boynton-beach.org
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Welcome
Thank you for attending the City Commission Meeting
General Rules & Procedures for Public Participation at
City of Boynton Beach Commission Meetings
The Agenda:
There is an official agenda for every meeting of the City Commissioners, which
determines the order of business conducted at the meeting. The City Commission will
not take action upon any matter, proposal, or item of business, which is not listed upon
the official agenda, unless a majority of the Commission has first consented to the
presentation for consideration and action.
Consent Agenda Items: These are items which the Commission does not need to
discuss individually and which are voted on as a group.
Regular Agenda Items: These are items which the Commission will discuss individually
in the order listed on the agenda.
Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This
can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
Speaking at Commission Meetings:
The public is encouraged to offer comment to the Commission at their meetings during Public
Hearings, Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the
right to impose time limits on the discussion on an issue.
Public Hearings: Any citizen may speak on an official agenda item under the section
entitled "Public Hearings."
Public Audience: Any citizen may be heard concerning any matter within the scope of
the jurisdiction of the Commission - Time Limit - Three (3) Minutes.
Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the
agenda after a motion has been made and properly seconded, with the exception of Consent
Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time
Limit - Three (3) Minutes.
Addressing the Commission: When addressing the Commission, please step up to either
podium and state your name for the record.
Decorum: Any person who disrupts the meeting while addressing the Commission may be
ordered by the presiding officer to cease further comments and/or to step down from the
podium. Failure to discontinue comments or step down when so ordered shall be treated as a
continuing disruption of the public meeting. An order by the presiding officer issued to control
the decorum of the meeting is binding, unless over-ruled by the majority vote of the
Commission members present.
Please turn off all cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
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1.Openings
A.Call to Order - Mayor Ty Penserga
2.Presentation by the Commission on Ethics
A.Ethics Training Presented by the Palm Beach County Commission on Ethics.
3.Other
A.Discussion regarding changing the date of the second Commission meeting in
September.
B.Discussion of request to schedule a shade meeting pursuant to section 286.011(8),
Florida Statutes, in the matter of BOYNTON BEACH LITTLE LEAGUE, D/B/A EAST
BOYNTON BEACH LITTLE LEAGUE, a Florida not-for-profit corporation ("EBBLL") v
The City of Boynton Beach encourages interested parties to attend and participate in public
meetings either in-person or via communications media technology online. To view and/or
participate in the City Commission meeting online you have the following options:
1. Watch the meeting online, but not participate:
You may watch the meeting via the GoToWebinar platform. Visit the City's website at
www.boynton-beach.org to access the up-to-date link to the meeting.
2. Watch the meeting online and provide public comment during the meeting:
To request to speak during the meeting, you can electronically "raise your hand" or type a
question using the GoToWebinar platform. The meeting moderator will announce when it is
your turn to speak or have your question addressed. Please note that time limits will be
enforced so comments must be limited to no more than 3 minutes.
For additional information or for special assistance prior to the meeting, please contact Maylee
De Jesús, City Clerk at cityclerk@bbfl.us or (561) 742-6061.
Roll Call.
Invocation by Commissioner Woodrow Hay.
Pledge of Allegiance to the Flag led by Commissioner Angela Cruz.
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
N/A
Discuss changing the second meeting in September due to the County's final budget
hearing, which takes place on September 17, 2024. There is a conflict with the
International Economic Development Council Conference, from September 15-18,
2024, if the Commission will be attending as the CRA Board. Accordingly, an
alternate date must be selected by the Commission.
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CITY OF BOYNTON BEACH, Case No. 502024CA000517XXXAMB
C.Discussion regarding process for presenting proposed ordinances to the City
Commission.
D.Discussion of Agenda format, Public Comment, and Comment Cards.
4.Public Audience
5.Adjournment
Schedule a shade meeting pursuant to section 286.011(8), Florida Statutes, to
discuss strategy relating to litigation expenditures in connection with Case No.
502024CA000517XXXAMB.
Discuss and provide direction regarding the process for City staff to present
proposed Ordinance revisions for consideration by the City Commission.
Discuss Agenda format, Public Comment, and Comment Cards.
Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of
the Chair, this 3 minute allowance may need to be adjusted depending on the level
of business coming before the City Commission).
Notice
If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at
this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based. (F.S. 286.0105)
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an
equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please
contact the City Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity
in order for the City to reasonably accommodate your request.
Additional agenda items may be added subsequent to the publication of the agenda on the City's web site. Information
regarding items added to the agenda after it is published on the City's web site can be obtained from the office of the
City Clerk.
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City of Boynton Beach
Agenda Item Request Form
2.A
Presentation by the Commission on Ethics
07/30/2024
Meeting Date: 07/30/2024
Ethics Training Presented by the Palm Beach County Commission on Ethics.
Requested Action: N/A
Explanation of Request: N/A
How will this affect city programs or services? N/A
Attachments:
2024 Code of Ethics Training-Giger.pptx
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Rhonda Giger
General Counsel
Code of Ethics Training
For county and municipal
officials and employees
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Five volunteer members, each appointed by the
following community “stakeholders” to serve
four-year terms:
PBC League of Cities – Former elected official or manager of a
governmental entity
PBC Bar Association in conjunction with the Hispanic Bar Association
& the F. Malcolm Cunningham Bar Association – Attorney with ethics
experience
President of Florida Atlantic University – Faculty member with
teaching experience in professional ethics
President of PBC Chapter of Association of Certified Fraud Examiners –
CPA/Forensic Accountant; experience with government audits
PBC Association of Chiefs of Police – former LEO or Prosecutor
PBC Commission on Ethics
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COE Staff-What We Do
Investigate complaints
Answer questions about the Code of Ethics
Provide advisory opinions
Training and community outreach
Ensure you understand your responsibilities
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Promote honest and ethical conduct.
Protect confidential information.
Increase public trust in local government.
Frequently Asked Questions
What is the purpose of the Code of Ethics?
As public officials and employees, we must be
transparent in all of our actions.
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All county and municipal employees,
elected officials, and advisory board
members.
Not state officers or employees, and
not constitutional officers or their
employees.
Frequently Asked Questions
Who does the Code of Ethics apply to?
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Overview of Today’s Training
Ethics Decision Tree
Steps to avoid violations and problems
The Code of Ethics
Prohibited Conduct
Gift Law
Miscellaneous Provisions
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Ethics Decision Tree
A four-step process designed
to help you identify things to
consider before taking some
action.
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Use the “Ethics Decision Tree”
before you act, and ask yourself…
Is it legal?
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Is it legal?
Does it comply
with the Code
of Ethics?
Use the “Ethics Decision Tree”
before you act, and ask yourself…
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Is it legal?
Does it comply
with the Code
of Ethics?
Does it comply with
county/municipal
policy?
Use the “Ethics Decision Tree”
before you act, and ask yourself…
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Is it legal?
Does it comply with the Code of Ethics?
Does it comply with county/ municipal policy?
Could your actions create
problems for your public employer
or the people you serve?
Use the “Ethics Decision Tree”
before you act, and ask yourself…
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PROHIBITED CONDUCT
SECTION 2-443
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Prohibited Conduct
Sec. 2-443(a), Misuse of public office or employment
Sec. 2-443(b), Corrupt misuse of official position
Sec. 2-443(c), Disclosure of voting conflicts
Sec. 2-443(d), Contractual relationships
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Misuse of Office
Public employees and officials are
prohibited from using their official
position in a manner that results in
a “special financial benefit ”
being given to…
Section 2-443(a)
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No Special Financial Benefit given to:
1.Themselves
2.A household member, spouse, or domestic partner
3.Outside business or employer of theirs or their spouse or
domestic partner
4.A close family relative or their business or employer
5.A customer or client of their outside business or employer
6.A debtor or creditor of the official or employee, who owes
or is owed more than $10,000 (except banking and
mortgage institutions)
7.Any organization of which the official/employee or their
spouse/domestic partner serves as an officer or director
of that organization
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Special Financial Benefit
Financial benefit – anything of value
that is obtained through your official
position:
Your government employment;
Your elected position in government;
Your advisory board appointment.
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Special Financial Benefit
One not shared with “similarly situated”
members of the general public
•similarly situated
everyone affected by a decision is affected
in essentially the same manner, and
the group impacted must be large enough
to allow a significant number of people to
benefit.
•1% percent rule (1 out of 100)
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Misuse of Office
The Code Enforcement Officer
A code enforcement officer is
assigned to inspect property
owned by his son.
May he inspect his son’s property?
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Misuse of Office
The Code Enforcement Officer
A code enforcement officer is assigned to
inspect property owned by his son.
May he inspect his son’s property?
Yes. There is no prohibited conflict of interest
based solely on the parent-child relationship.
Where the public employee simply does his job
and does not give his son a “special financial
interest,” there is no prohibition under the Code.
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Misuse of Office
The Code Enforcement Officer
A code enforcement officer is assigned to
inspect property owned by his son.
Should he inspect his son’s property?
Probably not. Think about the
appearance of impropriety.
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Misuse of Office
The Code Enforcement Officer
The code enforcement officer noticed that his
son’s sidewalk as well as the two houses on either
side of his son’s house need to have their sidewalks
pressure washed. The code enforcement officer
cites the other two houses but not his son’s.
Has he violated the misuse of office
section of the code?
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Misuse of Office
The Code Enforcement Officer
The code enforcement officer noticed that his
son’s sidewalk as well as the two houses on either
side of his son’s house need to have their sidewalks
pressure washed. The code enforcement officer
cites the other two houses but not his son’s.
Has he violated the misuse of office
section of the code?
Yes! He used his position to give a special
financial benefit to his son.
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Disclosure of Voting Conflicts
An official may not vote on or
participate in any matter
which will provide a special
financial benefit to specific
persons or entities.
Section 2-443(c)
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Disclosure of Voting Conflicts
1.Themselves
2.Their spouse, domestic partner, or household member
3.An outside employer or business of theirs or their spouse or
domestic partner
4.A close family relative or their business or employer
5.A customer or client of the official’s outside employer or business
6.A substantial debtor or creditor
7.Any organization – serves as an officer or director
Officials may not vote on or participate in a matter that
will result in a special financial benefit being given to:
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Disclosure of Voting Conflicts
The Vote on Waterlines
A proposal comes before the town council
for a vote on whether to install new waterlines
in a neighborhood.
A Council Member lives in a home in this
neighborhood.
There are 150 homes within this
neighborhood that are affected.
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Disclosure of Voting Conflicts
The Vote on Waterlines
May the council
member vote on this
project without violating
the Code of Ethics?
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Disclosure of Voting Conflicts
Where the public official votes on a
measure that affects all members
of a class equally, and the class is
sufficiently large, there is no
“special financial benefit” to the
council member.
Yes!
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Disclosure of Voting Conflicts
A city councilman is on the board of directors of a local
church, which is a not-for-profit organization. The city
council will be voting on whether to pave the road that
the church sits on. There are 25 properties on the road
that may be paved.
Road Improvement
May the city councilman, who is a member of the
church board of directors, discuss or vote on the
road project taking place in front of the church?
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He would not be allowed to
1)participate in the discussion of
whether to approve this road project
or
2)vote on that matter,
because he is a board member of
the church and size of the class
impacted by this project is small.
No!
Disclosure of Voting Conflicts
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Corrupt Misuse of Official Position
You may not use your official position…
(your government employment, advisory board
membership, or elected title or powers)
...to corruptly secure…
…a “special benefit”…
(does not have to be a financial benefit)
...for any person
Section 2-443(b)
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Corrupt Misuse of Official Position
…a “special benefit”…
any benefit you or another person
are not entitled to have or to give
not necessarily financial, although
it could be
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Corrupt Misuse of Official Position
… “corruptly” means…
Done with wrongful intent, and
which is…
Inconsistent with the “proper
performance” of your public
duties
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Corrupt Misuse of Official Position
The city manager received a parking citation
after parking in a restricted city parking lot. The
city manager approached the parking officer
and told her that he was the city manager and
has a special city placard that allows him to
park in any city lot. The parking officer voided
the ticket. The city manager does not have a
special placard that allows him to park in any
city lot.
The Parking Ticket
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Corrupt Misuse of Official Position
Did the city manager violate the corrupt misuse section of the code of ethics by his actions?
The Parking Ticket
39
Corrupt Misuse of Official Position
He improperly used his authority to act in a
way that had “wrongful intent” and was
“inconsistent with the proper performance
of his public duties.”
Yes!
The Parking Ticket
40
Corrupt Misuse of Official Position
The Tricky Test-Taker
Every employee in a city department is required to sit
for an annual certification examination.
It is paid for by the city and half of the employees
take the exam on Monday and the other half take
the exam on Friday.
A test-taker from Monday’s sitting made copies of the
exam and his answers and distributed it to his fellow
co-workers.
Is the employee in violation of the corrupt misuse of
official position?
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Corrupt Misuse of Official Position
Yes
The employee improperly used his position,
as a city employee, to give a special
benefit to his co-workers.
His action was done with a wrongful intent
and was inconsistent with the proper
performance of his duties as a city
employee.
The Tricky Test-taker
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Contractual Relationships
Section 2-443(d)
The Code regulates some contracts you may enter into in
your private capacity because of your public employment
or position.
General Rule
You,
Your outside employer, or
Your outside business
cannot contract with or provide any goods or services
for payment to your public employer or the public
entity you serve.
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44
Exceptions
1. Your outside employer is another governmental entity
2. It is a sealed bid/low-bid contract (and you meet the additional
requirements within this exception)
3. Emergency purchases
4. Sole source of supply
5. Contract or goods supplied are valued at less than $500 per year
6. You are a public employee and you meet the part-time outside
employment exception and obtain a waiver (this only applies to
employees, not elected or appointed officials)
7. For extra-duty details (Police and Fire exception)
This does not apply for outside employment of businesses, but applies only to off duty
details where these employees are hired through their public employer.
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Part-time Outside Employment
Waiver
Do you need to file one?
[applies only to employees, not to officials]
The question you must answer:
IS your potential part-time employer
a vendor of your government employer?
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If your potential part-time employer IS a vendor of
your public employer, in order for you to work
there, you must file a conflict of interest waiver.
If your potential part-time employer is not a
vendor of your public employer, you DO NOT need
to file a conflict of interest waiver, because there is
no conflict of interest to waive.
Outside Employment Waiver
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Your potential outside employer does not have contracts
that you or your department or section will oversee,
administer or enforce.
You did not participate in awarding the contract to your
potential outside employer in any way.
This part-time employment will not impair or interfere with
your government job (this should be determined by your supervisor).
You have complied with any internal policy of your
government employer concerning outside employment.
What are the requirements?
Outside Employment Waiver
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Complete and sign (acknowledge each of the five
declarations).
Review and signed by Supervisor.
Review and signed by Chief Administrative
Officer.
SEND ORIGINAL TO HR AND COPY TO COE
Remember, this is only needed if the potential part-time employer is a vendor
of your public employer,and the potential part-time employer is not one of
the exceptions already allowed within the code (such as other governmental
entities)!
Outside Employment Waiver
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Misuse of Office
A city employee would like to
start a part-time business where
she performs IT consulting work
outside work hours.
She is employed full-time by the
city in the IT Department.
The Employee Entrepreneur
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Misuse of Office
May the employee perform IT
work during non-work hours when
she is a city employee in the IT
Department?
The Employee Entrepreneur
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Misuse of Office
As long as she is not providing those
services to her city, directly or indirectly,
and she follows her public employer’s
rules for outside employment, she can
perform such work privately.
However, she cannot use city resources
to complete such work.
The Employee Entrepreneur
Yes!
52
The employee thinks she should refrain from:
•identifying or alluding to her position with the city,
•wearing her work shirt with the city logo on it, and
•driving a city vehicle while soliciting potential clients
to her private IT consulting business.
Is she correct?
Misuse of Office
The Employee Entrepreneur
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The use of her “official position” to attract
potential clients to hire her private business
would violate the misuse of office section
of the code of ethics.
The Employee Entrepreneur
Misuse of Office
Yes!
54
Contractual Relationships
The child of a city employee solely
owns a pressure cleaning business.
The city employee does no work for
the business and is not involved with
the business in any way.
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May the child of the city employee
enter into a contract with the city to
provide pressure cleaning services
under the Code of Ethics?
Contractual Relationships
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Contractual Relationships
Section 2-442 of the Code defines an outside business as
“Any entity located within the county which does business
with or is regulated by the county or municipality as
applicable, in which the official or employee has an
ownership interest. For the purposes of this definition, an
“ownership interest” shall mean at least 5%of the total
assets or common stock owned by the official or employee or
any combination of the employee’s household members,
spouse, child, step-child, brother, sister, parent or step-parent,
or a person claimed as a dependent on the official or
employee’s latest individual federal tax return.
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May the child of the city employee
enter into a contract with the city to
provide pressure cleaning services
under the Code of Ethics?
Contractual Relationships
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Answer: In general, NO!
The child may not enter into an agreement to provide services to the municipality…unless one or more of the 7 exceptions applies:
If it is a sealed bid, low bid contract.
If services would be under $500
They are the only local pressure cleaning company in that municipality
Any other exception that may apply
Contractual Relationships
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Gift Law
Section 2-444
What is a gift?
transfer of anything of economic
value without adequate and
lawful consideration
Lawful consideration is anything of value, tangible or intangible,
that may be transferred in exchange for something else of
value.
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Gift Law
Section 2-444(e)
Absolute Prohibitions: $0
Kickbacks/Bribes
No Quid Pro Quo
Tips (with one exception)
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Advisory Opinion - RQO 11-028
May employees working as town
employees in service-related fields,
such as bartenders and servers at the
town’s country club restaurant,
continue to receive tips?
LIMITED EXCEPTION FOR TIPS
Question:
62
Yes!!
Government employees in service-related jobs,
who were hired with the understanding that
they would receive tips as a portion of their
work compensation and where this is the
“standard compensation within this service
occupation,” may receive tips.
LIMITED EXCEPTION FOR TIPS
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Gift Law
Section 2-444(a)(1)
Prohibition on soliciting or accepting over
$100 (annually in the aggregate) in gifts
from any
Vendor of your public employer
Bidder/proposer (trying to become a vendor)
Lobbyist who lobbies your public employer
Principal or employer of lobbyists who lobby
your public employer
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Gift Law
Section 2-444(c)
Prohibition on soliciting any gift from
Vendor of your public employer
Bidder/proposer (trying to become a vendor)
Lobbyist who lobbies your public employer
Principal or employer of lobbyists who lobby
your public employer
where the gift is for the personal benefit of you,
another official or employee, or any relative or
household member of yours.
65
Gift Law
•While the prohibitions against taking gifts from certain
individuals or entities within the Palm Beach County
Code of Ethics does apply to state reporting officials and
employees, the reporting requirements for state reporters
are governed by state law under Section 112.3148,
Florida Statutes.
•If state law requires a gift to be reported on a state of
Florida Quarterly gift report, a copy must also be sent to
the PBC COE within ten days (10) of filing such gift report.
Reporting Requirements (State reporters)
66
Gift Law
Reporting Requirements
State Reporting Individuals
“Local Officers” and certain administrative
managers.
Quarterly reporting may be required.
File your state form with your Clerk and a
copy to the County Commission on Ethics
within ten (10) days of doing so.
*FLORIDA COE: (850) 488-7864
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Gift Law
Any gifts valued in excess of $100 per year given by anyone to a public employee mustbe reported on an annual basis to the PBC Commission on Ethics.
•unless it is one of the exceptions to the Gift Law found in Section 2-444(g)
Reporting Requirements
(Non-state Reporters/Local Reporting Individuals)
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Exceptions to the Definition of Gifts
o Gifts from relatives or members of your household
o Personal gifts, if given by a personal friend or co-worker and the
motivation of the gift is that friendship or work relationship
o Awards for civic or professional achievement
o Advertising materials (even if from vendors)
o Gifts solicited on behalf of your public employer for a public purpose
o Any inheritance (regardless of who it is from)
o Lawful political contributions
o Registration fees and other costs for educational conferences where
attendance is for governmental purposes and related to public
duties and responsibilities.
69
Gift Law Disclosure
Requirements
Local Reporting Individuals/Non-state Reporters
Yearly reporting (calendar year) but only if you
have a gift that must be reported.
Due January 31 st of the next year after the gift
was received.
Send to COE by Fax, Email or U.S. Mail.
If you have no reportable gifts, please do not file
a blank form. (you have no obligation to file a gift
report if you have accepted no reportable gifts
that year!)
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Even if you are not the final recipient of
the gift, a gift that you solicited or
received for the purpose of giving it to
another is a “pass through gift,” and you
may be responsible to report it as such.
BE CAREFUL OF “REGIFTING”
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Gift Law
Thank You Gift
A city library employee received a $25 gift card
from a member of the public after helping that
person locate certain books in the library for
research.
Can the employee accept the gift?
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Gift Law
Thank You Gift
No!!
The employee cannot accept a gift for completing
tasks their public employer employs them to do.
This is a tip, and tips cannot be accepted unless it
meets the one exception to tips. (Unlikely for that
particular position)
73
Gift Law
A city employee is attending a conference on
behalf of the city. The attendance at the
conference and hotel stay was approved by the
city and paid for by the city.
Does the employee have to report the
attendance fee and hotel room as a gift?
Hotel Stay for Conference
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Gift Law
No!
The employee does not
have to report the travel
expenses because they are
excluded from definition
of gift (one of the
exceptions)
Hotel Stay for Conference
75
Gift Law
You “inadvertently” accepted a gift
valued at greater than $100 from a
prohibited source (vendor, lobbyist, etc.),
what can you do?
76
Gift Law
You can fix the problem IF you
reimburse the gift giver the
amount in excess of $100, or
return the entire gift.
But,you must do this within 90
days of accepting the gift.
77
How does the $100 gift limit rule apply to solicitations and donations from a vendor or lobbyist that are meant for a charitable purpose?
Are they prohibited?
Charitable Solicitations
Section 2-444(h)
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Charitable Solicitations
An employee or official may solicit donations of more
than $100 from a vendor or lobbyist of their public
employer on behalf of any non-profit charitable
organization, providing the person or entity soliciting:
Files a Charitable Solicitation Log with the COE
And, does not solicit any person or entity with a
“current” bid or proposal still outstanding (even if they
are already a current vendor)
There is an exception!
79
Payment of Travel Expenses by a vendor
Disclosure of Inside Information
Nepotism (hiring/promoting a relative)
Honesty in applications for employment,
promotion, or transfer to another position
OTHER ISSUES (next few slides)
80
Travel Expenses
Officials and employees are prohibited from
accepting travel expenses, directly or
indirectly, from any:
Contractor
Vendor
Service Provider
Bidder
Proposer
of their public employer, or the public entity
they serve as an elected or appointed official.
81
Travel Expenses - EXCEPTIONS
1.If waived by the municipal governing body…
or
2. If the expenses are reimbursed or paid by…
a.Another governmental entity, or
b.An organization that your employer is a
member, and the travel is related to your
job or position (i.e. League of Cities)
82
Disclosure of Inside Information
Prohibition against using information
that is gained through your public
employment or official position,
for your personal benefit or the
personal benefit of any other
person or entity
when that information is not
available to the general public
83
Disclosure of Inside Information
The Pernicious Planner
A staff member has drafted several options for
the extension of a major road. She realizes that
the commission has informally selected an
option. The information is not yet available to
the general public.
84
Disclosure of Inside Information
Is she allowed to purchase
land surrounding the
planned extension hoping
to sell it for a premium?
85
Disclosure of Inside Information
No!
She would be in violation
of the section prohibiting
the use of inside
information for personal
gain.
86
Nepotism
Employees and officials who are authorized
to:
Appoint,
Employ,
Promote, or
Advance anyone
are prohibited from doing so (and prohibited
from advocating) if that person is a close
family relative, spouse, or domestic partner.
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Nepotism - EXCEPTION
Certain Advisory Boards
Cities with a population under
35,000 may appoint these
persons to boards other than
those with land-planning
and/or zoning responsibilities
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Honesty in Applications for Positions
Any person
•seeking to become an official or employee, or
•seeking any promotion with their public employer, or
•seeking a contract with a county or municipal
government
is prohibited from lying or making any false statement on
their application, submitting any false document, or
knowingly withholding information about wrongdoing in
connection with employment
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Enforcement by the COE
The COE is a Civil Code Enforcement Board.
Sanctions that may be imposed:
1. Letter of Reprimand or Letter of Instruction.
2. Fine up to $500 per violation.
3. Restitution where indicated.
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ENFORCEMENT
Criminal:
Knowing and willful violations may be
referred to the State Attorney’s Office and
may be punishable upon conviction with
the same sanctions as a first degree
misdemeanor carries:
Up to 1 year in jail and/or
Fine of up to $1000 per violation
Government employer may also still discipline or
terminate employees as allowed under their policies
and/or rules.
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City of Boynton Beach
Agenda Item Request Form
3.A
Other
07/30/2024
Meeting Date: 07/30/2024
Discussion regarding changing the date of the second Commission meeting in
September.
Requested Action: Discuss changing the second meeting in September due to the County's
final budget hearing, which takes place on September 17, 2024. There is a conflict with the
International Economic Development Council Conference, from September 15-18, 2024, if the
Commission will be attending as the CRA Board. Accordingly, an alternate date must be
selected by the Commission.
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City of Boynton Beach
Agenda Item Request Form
3.B
Other
07/30/2024
Meeting Date: 07/30/2024
Discussion of request to schedule a shade meeting pursuant to section 286.011(8),
Florida Statutes, in the matter of BOYNTON BEACH LITTLE LEAGUE, D/B/A EAST
BOYNTON BEACH LITTLE LEAGUE, a Florida not-for-profit corporation ("EBBLL") v
CITY OF BOYNTON BEACH, Case No. 502024CA000517XXXAMB
Requested Action: Schedule a shade meeting pursuant to section 286.011(8), Florida
Statutes, to discuss strategy relating to litigation expenditures in connection with Case No.
502024CA000517XXXAMB.
Explanation of Request: EBBLL filed a multiple count Complaint against the City on January
18, 2024, seeking breach of contract and request for injunctive relief against the City and
Athletic Angels; breach of contract and damages against the City; tortious interference with
contractual relationship against Athletic Angels; and declaratory judgment against the City
stemming from their alleged entitlement to priority use of all fields at Little League Park.
Pursuant to section 286.011(8), Florida Statutes, the City Attorney is requesting a shade
meeting to discuss strategy relating to litigation expenditures in connection with Case No.
502024CA000517XXXAMB.
How will this affect city programs or services? N/A
Fiscal Impact: N/A
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City of Boynton Beach
Agenda Item Request Form
3.C
Other
07/30/2024
Meeting Date: 07/30/2024
Discussion regarding process for presenting proposed ordinances to the City
Commission.
Requested Action: Discuss and provide direction regarding the process for City staff to
present proposed Ordinance revisions for consideration by the City Commission.
Explanation of Request: The City Attorney and City Manager are seeking policy direction
from the City Commission regarding the process the Commission would like the City's
professional staff to follow once the need for an ordinance revision, repeal, or drafting is
identified. City staff has identified numerous ordinances that (1) conflict with changes to State
or Federal law, (2) may be unconstitutional or preempted, (3) conflict with other sections of the
City code, or (4) do not adequately address the City's current practices and procedures or
operational needs.
The following ordinances and topics have been identified by staff as items that they would
recommend for either repeal, revision, or implementation (please note, this list is not all-
inclusive):
1. Panhandling Ordinance
2. Ordinances re: Civil Emergencies/Hurricanes
3. Procurement Code
4. Signature Authority
5. Grant Application/Approval Process
6. Surplus Property and Real Estate Disposition
7. Drug-Free Workplace Ordinance
8. Utility Easement Abandonment Process
9. Fire Assessment Notice/Publication Requirements
10. Short Term Rentals
11. Capital Facilities Charges/Fees
12. Pension Investment Policy Guidelines
13. Water/Sewer Hazardous Waste
14. Sewer Discharge for Dental Offices
15. Landlord/Tenant Registration
16. Abandoned Property Ordinance
17. LDR Text Amendments
Given recent conversations, we would like to ask for policy direction from the City Commission
95
before staff takes any further action to prepare or present proposed changes to these items or
any others for the Commission's consideration.
How will this affect city programs or services? N/A
Fiscal Impact: N/A
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City of Boynton Beach
Agenda Item Request Form
3.D
Other
07/30/2024
Meeting Date: 07/30/2024
Discussion of Agenda format, Public Comment, and Comment Cards.
Requested Action: Discuss Agenda format, Public Comment, and Comment Cards.
Explanation of Request: The City Attorney and City Manager seek policy direction from the
City Commission regarding the Agenda format, Public Comment, and Comment Cards. City
staff recognizes the need to maintain orderly conduct and proper decorum in public meetings,
enable City staff to follow up with concerned residents, and ensure City business is completed.
How will this affect city programs or services? N/A
Fiscal Impact: N/A
Attachments:
Final Comment Card.pdf
97
Date:__________
CITY OF BOYNTON BEACH COMMISSION MEETING
AGENDA ITEM/PUBLIC AUDIENCE COMMENT CARD
We value your input and comments!
Name (Print):____________________________________________________________________________________________
Address (optional):________________________________________________________________________________________
City:________________________________________ State:______________ Zip:_______________________________
Email (if follow-up is desired):_________________________________________________
Phone Number (if follow-up is desired):__________________________________________
I do not wish to speak, please read my comment into the record.
Check all that apply:
I support this agenda item I oppose this agenda item
Questions/Comments:_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
This card is a public record. Rules of Decorum are on the back.
Instructions:
•Please complete one card for each topic.
•No public comment/audience comments cards will be accepted after the agenda item discussion has begun.
•Please present your public comment/audience comment card to the staff member.
•When your name is called to speak, approach the podium and speak directly into the microphone.
•You will have 3 minutes to voice your opinion.
Choose one:
Item #_________
Public Audience _______
CITY OF BOYNTON BEACH COMMISSION MEETING
AGENDA ITEM/PUBLIC AUDIENCE COMMENT CARD
Name (Print):____________________________________________________________________________________________
Address (optional):________________________________________________________________________________________
City:________________________________________ State:______________ Zip:_______________________________
Email (if follow-up is desired):_________________________________________________
Phone Number (if follow-up is desired):__________________________________________
Check all that apply:
Instructions:
• Please complete one card for each topic.
• No public comment/audience comments cards will be accepted after the agenda item discussion has begun.
• Please present your public comment/audience comment card to the staff member.
• When your name is called to speak, approach the podium and speak directly into the microphone.
• You will have 3 minutes to voice your opinion.
Choose one:
Item #_________
Public Audience _______
I support this agenda item I oppose this agenda item
I do not wish to speak, please read my comment into the record.
Questions/Comments:_______________________________________________________________________________________________
_______________________________________________________________________________________________
We value your input and comments!
Date:__________
_______________________________________________________________________________________________
This card is a public record. Rules of Decorum are on the back.
98
Public Comments for Public Audience and Agenda Items
1.Comments on agenda items are limited to items on the current Agenda and may only be presented in person.2.Comments under Public Audience are limited to matters within the scope of jurisdiction of the Commission and
may only be presented in person.3.Anyone wishing to address the Commission on current meeting agenda items, or public audience, should
complete a “Comment Card” and present it to the City Clerk prior to the start of the meeting, or prior to the
agenda item. On the “Comment Card” the speaker must identify the agenda item which they intend to speak
about. Speakers will be called to the podium in their order of submission, and will be asked to state their name
for the record, prior to addressing the Commission. Only those persons that submitted timely, will be permitted
to speak at this time. Any cards that were not timely submitted, or did not identify an agenda item, will be
deferred to Public Audience, in the order they were received.4.All comments must be addressed to the Commission, as a whole, and not to individuals.5.Speakers are prohibited from making direct personal attacks, or threats to an organization, individual, or groups
of individuals, or making impertinent or slanderous remarks, while addressing the Commission.6.The Commission will not generally discuss or respond to comments during “Public Comments on Agenda
Items.”
1.Comments on agenda items are limited to items on the current Agenda and may only be presented in
person.2.Comments under Public Audience are limited to matters within the scope of jurisdiction of the Commission
and may only be presented in person.3.Anyone wishing to address the Commission on current meeting agenda items, or public audience, should
complete a “Comment Card” and present it to the City Clerk prior to the start of the meeting, or prior to the
agenda item. On the “Comment Card” the speaker must identify the agenda item which they intend to speak
about. Speakers will be called to the podium in their order of submission, and will be asked to state their
name for the record, prior to addressing the Commission. Only those persons that submitted timely, will be
permitted to speak at this time. Any cards that were not timely submitted, or did not identify an agenda item,
will be deferred to Public Audience, in the order they were received.4.All comments must be addressed to the Commission, as a whole, and not to individuals.5.Speakers are prohibited from making direct personal attacks, or threats to an organization, individual, or
groups of individuals, or making impertinent or slanderous remarks, while addressing the
Commission.6.The Commission will not generally discuss or respond to comments during “Public Comments on Agenda
Items.”
Public Comments for Public Audience and Agenda Items
99