06-085
II
I ORDINANCE NO. 06- 08S-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING CHAPTER 2 OF THE CITY OF
5 BOYNTON BEACH CODE OF ORDINANCES, CREATING
6 ARTICLE XV, ENTITLED "VOTING BY BOARD MEMBERS",
7 PROVIDING FOR SHORT TITLE; PROVIDING FOR INTENT
8 AND PURPOSE; PROVIDING FOR APPLICABILITY;
9 PROVIDING FOR DEFINITIONS; PROVIDING FOR
10 ABSTENTION FROM VOTING BY BOARD MEMBERS WITH
II CONFLICTS OR INTEREST; PROVIDING FOR DISCLOSURE
12 OF CONFLICTS OF INTERESTS BY BOARD MEMBERS;
13 PROVIDING FOR ENFORCEMENT; PROVIDING FOR
14 CODIFICATION; PROVIDING FOR CONFLICTS;
15 PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
16 AN EFFECTIVE DATE.
17
18 WHEREAS, Florida Statutes requires that all state and local public officers comply with the
19 Code of Ethics promulgated by Chapter I 12.31 I, et seq., Florida Statutes; and
20 WHEREAS, the Code of Ethics promulgated by the state statutes sets forth requirements for
21 local public officers' disclosure of interests and abstention from voting; and
22 WHEREAS, the City Commission ofthe City of Boynton Beach ("City") desires to impose
23 requirements above and beyond those imposed by the state statutes; and
24 WHEREAS, the City Commission has determined that in order to strengthen the confidence
25 of the City's citizens in the integrity of the City's official bodies, and to foster confidence in the
26 decisions ofthe City's decision-making, it would be in the best interest ofthe City to impose more
27 stringent voting and disclosure requirements on the City's board members, including the City
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Words in underscored type are additions.
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Commission; and
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
3 CITY OF BOYNTON BEACH, FLORIDA, THAT:
4
Section 1.
The foregoing "WHEREAS" clauses are hereby certified as being true and
5 correct and are incorporated herein by this reference.
6
Section 2.
Chapter 2 of the Code of Ordinances of the City of Boynton Beach, Florida, is
7 hereby amended to create a new article, Article XV, entitled "Voting by Board Members," to read as
8 follows:
9
ARTICLE XV.
VOTING BY BOARD MEMBERS.
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Sec. 2-200
Short Title.
This article shall be known and cited as the "City of Boynton Beach's Voting
Requirements by Board Members Provision".
Sec. 2-201
Intent and Purpose.
It is the intent and purpose ofthis article to strengthen the confidence ofthe City's
citizens in the integrity of the City's public officials by ensuring that the City's officials
discharge their public duties independent of their personal interests. This article is further
intended to ensure that City officials do not participate in any decision in which his or her
decision would be influenced or materially affected by interests which would influence a
reasonable person in his or her decision.
Sec. 2-202
Applicability.
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Words in underscored type are additions.
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This subsection shall apply to all City Boards, including the City Commission and all
City advisory boards of the City of Boynton Beach. This article is intended to supplement
state law provisions governing voting and disclosure requirements of state and local
government officials. Nothing in this article shall be interpreted as conflicting with Section
I 12.31 I et seq., Florida Statutes, as it applies to the City's public officers.
Sec. 2-203
Definitions.
"Board Member" shall refer to any member of any of the City's boards including the
City Commission. the Communi tv Redevelopment Agencv. and the City's advisory boards.
"Ai!ent" shall mean a oerson who is authorized to act for or in the vlace of a
vrincioal.
"Business Associate" shall refer to anyone with whom the board member shares in a
business enterprise.
"Conflict" or "Conflict of Interest "shall mean any situation where the board member
must balance his or her private interest with their official duties.
"Do Business" or "Done Business" shall mean to participate or to have participated
in the past, in the solicitation, negotiation, or execution of any business transaction as a
principal or agent.
"Gift" the term gift shall have the same meaning as set forth in Florida Statute
Section 112.312 and shall include anything conferred upon a board member for their gain,
directly or indirectly, for their private gain, by another, for which the board member did not
tender consideration, financial, in kind, or otherwise, including but not limited to, any real
property, tangible or intangible personal property, services, preferential treatment, discounted
rate (s), information not disclosed to the public, or forgiveness of any indebtedness.
"Indirect" shall refer to the method in which a benefit is not directly conferred upon
the board member. This shan include, but not be limited to, instances where the board
member receives a benefit accepted by another party on the board member's behalf; the
board member receives a benefit from a person whose interest may be affected by the issue
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Words in underscored type are additions.
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on which the board member mayor will vote through a third-party; or, the board member's
relative, business associate, or employee receives a benefit.
"Interest" shall mean anything which may positively or negatively affect the board
member's pecuniary interest, liberty, status or recognition in his or her private capacity, or
his or her commitment in his or her private capacity to others.
"Person" shan mean a natural person, or his agent, or an entity (legally recognized or
not) or its principal, agents, or employees.
"Relative" shall have the same meaning as defined in Florida Statute Section
112.3143, to wit: anv father, mother, son, daughter, husband, wife, brother, sister, father in
law, mother in law, son in law, or daughter in law; and grandparents or grandchild(ren).
Sec. 2-204
Abstention From Voting.
(a) In addition to the provisions set forth in section 112.3143, F.S., a board
member is deemed to have a conflict of interest and shall not be allowed to vote upon or
advocate for or against, any decision, ruling, or official act where:
(I) the board member, their relative, agent, employee (s), employer, or
business associate has any interest, direct or indirect, in the issue upon which
the board member will vote.
(2) the board member or the board member's spouse works for a business
which will benefit from the issue upon which the board member will vote.
(3) the board member is a real estate broker or real estate agent and has
provided professional services for compensation in a transaction involving all
or part of the real propertv which is the subiect of the board's review.
(b) A Board member who is prohibited from voting must leave the dias following
disclosure of their conflict and shall not return until completion ofthe vote on that matter. A
board member who steps down shall be replaced with an alternate board member, if one is
present, for the agenda item.
CODING:
Words in strike thnmgh type are deletion from existing law;
Words in underscored type are additions.
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Sec. 2-205
Disclosure of Conflict Interest
(a) Ifthere is, or there appears to be a conflict of interest under the provisions of
this article or Section 112.3 I 3, F.S., the board member, prior to the commencement of a
meeting a vote by the board 01'1 afl issae which contains an agenda item in which a board
member has a conflict, must disclose the conflict to the board by preparing a memoroodlffil
eJ[J'llaiHiHg the a voting conflict form and submitting it to the Citv Clerk, or in the Clerk's
absence, the person who keeps the minutes ofthe meeting. The Hotise of tile eeHflict mast be
placed eH the agenaa of tile beard ffieetiHg at whish tile vote is to take J'llase, and When the
agenda item is reached, the board member must orany disclose the conflict and the nature of
the conflict on the record at the meeting, step down from the proceeding and be replaced, for
that agenda item, bv an alternate member of the board..
(b) In the event that written disclosure has not been made prior to the meeting, the
disclosure shall be made orally at the meeting when it becomes known that a conflict exists.
Within 5 days after the oral disclosure, a written memorandum disclosing the conflict and the
nature of the conflict shall be filed with the person responsible for recording the minutes of
the board meetings and incorporated into the minutes of the meeting at which the oral
disclosure was made. The memorandum shall become a public record, shall immediately be
provided to the other members of the board, and shall be read publicly at the next meeting.
(c) In the event that a board member has participated in a vote on an issue which
the board member has a conflict and is later informed of the conflict, the board member,
must, immediately upon notice, inform the other board members by providing notice through
the Citv Clerk in the same manner as set forth above H,emoral'1dHm of this cOHflict and
disclose the conflict orally at the next meeting where the board member shall orally explain
the conflict and why the board member was not on notice of the conflict prior to the
participating in the vote. The remaining board members must then determine whether the
conflict is sufficient enough to have influenced the conflicting board member's vote and by a
majority vote, decide whether to recan the decision upon which the conflicting member
voted.
CODING:
Words in strike tilreHgil type are deletion from existing law;
Words in underscored type are additions.
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Sec. 2-206. Enforcement.
Any appointed board member who violates any of the provisions of this article may
be removed from the board on which the member serves by majority vote of the City
Commission. Any elected public officer who violates this article shall also be subject to
censure by a majority vote of the remaining board members.
8
Section 3,
It is the intention ofthe City Commission of the City of Boynton Beach that
9 the provisions ofthis Ordinance shall become codified and be made a part of the Code of Ordinances
10 of the City of Boynton Beach, Florida. The sections of this ordinance may be renumbered,
I I re-Iettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or
12 phrase in order to accomplish such intention.
13
Section 4.
All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in
14 conflict herewith be and the same are hereby repealed to the extent of such conflict.
15
Section 5.
If any clause, section, or other part or application of this Ordinance shall be
16 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
17 invalid part or application shall be considered as eliminated and so not affecting the validity of the
18 remaining portions or applications remaining in full force and effect.
19
Section 6.
This Ordinance shall become effective upon its passage and adoption by the City
20 Commission.
CODING:
Words in strike tbreagil type are deletion from existing law;
Words in underscored type are additions.
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2 FIRST READING this.El-. day of November
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,2006.
SECOND, FINAL READING and PASSAGE this ~ dayof No vembe.... ,2006.
ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
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Words in strike tilroHgfl type are deletion from existing law;
Words in underscored type are additions.
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