10-021
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1 ORDINANCE NO. lO-CJ.-1
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 THE CITY OF BOYNTON BEACH CODE OF
6 ORDINANCES ARTICLE I, BY CREATING SECTION 2-
7 25, TO BE ENTITLED "CODE OF' ETHICS";
8 INCORPORATING BY REFERENCE THE PALM
9 BEACH COUNTY CODE OF ETHICS INTO THE CITY'S
10 CODE OF ORDINANCES; PROVIDING FOR
11 CONFLICTS, SEVERABILITY AND AN EFFECTIVE
12 DATE.
13
14 WHEREAS, the Board of County Commissioners of Palm Beach County, pursuant to
15 its authority under Florida Constitution, Article VIII, Section l(g), Section 125.01, Florida
16 Statutes, the Palm Beach County Charter, and section 112.326, Florida, adopted the Palm
17 Beach County Code of Ethics and created the Palm Beach County Commission on Ethics
18 (Commission on Ethics); and
19 WHEREAS, the Board of County Commissioners and the City of Boynton Beach
20 desire to have the Code of Ethics regulations and the Commission on Ethics jurisdiction to
21 apply to the City of Boynton Beach; and
22 WHEREAS, the Board of County Commissioners and the City of Boynton Beach
23 have entered into an Interlocal Agreement to provide services to the City of Boynton Beach in
24 the same manner that as those services are provided to Palm Beach County as set forth herein;
25 and
26 WHEREAS, the City Commission of the City of Boynton Beach finds that adopting
27 the Palm Beach County's Code of Ethics is in the best interests of the citizens and residents of
28 the City.
29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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1 Section 1. The foregoing whereas clauses are true and correct and are now ratified
I
2 and confirmed by the City Commission. I
3 Section 2. Article I, Section 2-25 of the City's Code of Ordinances, to be entitled
4 "Code of Ethics", is hereby created as follows:
5 SS~2-25 Code of L~thics
6
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12 ~t'.ILU.L_i!?_ may .he alTIi..:nd~.lLfr()Jlujm~J\)JiD).s:.:
13
14 Section 3. The Palm Beach County Code of Ethics and Commission on Ethics
15 ordinances in existence as of the effective date of this Ordinance are hereby incorporated by
16 reference and attached hereto as Exhibits I and 2 respectively.
17 Section 4. All references to county government provided for in the Palm Beach
18 County Commission on Ethics and Code of Ethics ordinances, including but not limited to
19 county elected and appointed officials, county employees, county divisions and departments,
20 shall be deemed as reference to the corresponding elected and appointed officers, divisions
21 and departments of the City of Boynton Beach as appropriate to effectuate the intent of this
22 Ordinance.
23 Section 5. Each and every other provision of the City of Boynton Beach Code of
24 Ordinances not herein specifically amended, shall remain in full force and effect as originally
25 adopted.
26 Section 6. All laws and ordinances applying to the City of Boynton Beach in
27 conflict with any provisions of this ordinance are hereby repealed.
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1 Section 7. Should any section or provision of this Ordinance or any portion
2 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
3 affect the remainder of this Ordinance.
4 Section 8. This Ordinance shall become effective immediately.
tb.
5 FIRST READING this 1- day of ~~mbe( ,2010.
6 SECOND, FINAL READING AND PASSAGE this ~ day of ~
7 2010.
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28 ATTEST:
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S \CAIOrdinanceslOrdinance - Commission on Ethics.doc
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1 ARTICLE XIII. CODE OF ETHICS.
2
3
4 .Cross references: Commission on ethics, * 2-254 et seq.
5
6
7
8 Sec, 2-441. Titlc; statemcnt of pl,lrpose.
9
10 This article shall be known as the Palm Beach County Code of Ethics. This code of ethics
11 is enacted pursuant to Florida Constitution, Article VfII. section I (g), Florida Statutes, eh. 125.
12 und the Charter of Palm Beach County. The purpose of this code is to provide additional and
13 more stringent ethics standards as authorized by Florida Statutes, ~ 112.326. This code shall not
14 be construed to authorize or permit any conduct or activity that is in violation of Florida Statutes,
15 eh. 112. pt. III. This code of .:thics shall b~ d~t:med additional and supplement.~l to any and all
16 state and federal laws governing ethical conduct of officials and employees, as well as all focal
17 laws. rules. regulations and poliCies governing personnel matters.
18 Officials and employees in Ihe public service shall be conscious that public service is a
19 public trust, shall be impW'lial and devoted to the best interests of the people of Palm Beach
20 County, and shall act and conduct themselves so as not to give occasion for distrust of their
21 impartiality.
22 Nothing herein shall abridge employees' constihltional right to collcctive bargaining.
23 (Ord. No. 2009.051, pI. I, * I, 12-15-09)
24
25 Sec. 2-442. Definitions.
26
27 The following words. terms and phrases. when used in this article, shall have the
28 meanings ascribed 10 them in this scction, except where the context clearly indicates a ditIercnt
29 meaning:
30
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1 Customer or client means an)' person or entity to which an official or employee's
Z outside employer or business has supplicd goods or services during the previous twenly-four (24)
3 months, having, in the aggregate, a value greater than ten thousand dollurs ($10,000.00).
4
5 Domeslic parlner is an adult. unrelated by blood, with whom an unmarried or separated
6 official or employee has an e1(clusive commilted relationship and maintains a mutual residence.
7
8 Financial benefit includes any money, service, license, pennil, contract, authorization,
9 loan, travel, entertairunent, hospitality, gratuity, or any promise of any of these, or anything else
10 of value. This Icnn does not include campaign contributions authorized by law.
11
12 Ilousehold includes anyone whose primary residence is in the official or employee's
13 home. including non-relatives who are not rcnt payers or cmployces of the head of the
14 household.
15
16 Inspector general shall mean the officc established in article XII of this chapter.
17
18 Lobbyist shall mean any persall who is employed und receives payment, or who
19 contracts for economic consideration, for the purpose or lobbying on behalf' of a principal, and
20 shall include an employee whose principal or most significant responsibilities to the cmployer is
21 overseeing the employer's various relationships with government or representing the cmploycr in
22 its contacts with government. "Lobbyist" shall not include any employec, contract employee, or
23 independent contractor of a governmental agency lobbying on behalf of that agency, any clectcd
24 local official when the official is lobbying on behalf of the governmental agency which the
25 otlicial serves, or any member of the official's staff when such staff member is lobbying on an
26 occasional basis on behalf of the governmental agency by which thc staff member is employed.
27
28 Official or employee means any ofticial or cmployee of the eounty, whether paid or
29 unpaid. and includes all members of an office, board, body, advisory board, council,
30 commission, agency, department, district. division, committee, or subcommittee of the county.
31 The term "official" shall mean mcmbcrs of the board of county commissioners. and members
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1 appointed by the board of county commissioners to scrve on any advisory, quasi judicial, or any
2 other board of the county. state, or any other regional, local, municipal, or corporate cl1tity.
3
4 Ourside employer or business includes:
5
6 (I) Any entity. other than the county, the state, or any other regional, local. or
7 municipal govcrnment entity, of which the ofticial or cmployee is a member,
8 official. director, or employee. and from which he or she receives compensation
9 for services rendered or goods sold or produced. For purposes of this definition,
10 "compcnsation" does not include rei m bursemcnt for necessary expenses,
11 including travel expenses. or
12
13 (2) Any entity located in the county or which does business with or is regulated
14 by the county, in which the official or employee has an ownership interest. For
15 purpo~es of this detinition, an "ownership interest" shall mean at least five (5)
16 percent of the total assets or common stock owned by the official or employee or
17 any combination of thc members of the official or employee's household or
18 relatives.
19
20 Palm Beach County Commission on Ethics means the commission established in section
21 2-254 et seq. to adminbter and enforce the cthics regulations set forth herein, and may also be
22 referred to as the "commission on ethics" in this article.
23
24 Per~-()n shall be defined to include all individuals, children, firms, associations. joint
25 ventures, partnerships. estates. trusts, business, tmsts. syndicates, fiduciaries, corporations. and
26 all olher groups or combinations.
27
28 Relative means a spouse, chHd, step-child, brother. sister, parent or step-parent, or a
29 person claimed as a dependent on the oftieia! or employee's latest individual federal income tax
30 return.
31
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1 (Ord. No. 2009-051, pI. 1, ~ 2, ) 2-15-09)
Z
3 Sec. 2-443. Prohibited conduct.
4
5 (a) Misuse of public o./Jice or employmenr. An official or employee shall not usc his or
6 h\:r official position or officc. or take or fail to take any action, or influence others to take
7 or rail 10 take any action. in a manner which he or she knows or should know with the
8 excrcisc of reasonable care will result in a Ii nancial benefit, not shared with similarly
9 situatcd members of the general public, for any of the following persons or entities:
10
11 (1) Himseffor hersclf;
12
13 (2) ^ member of his or her household, including a domestic partner and his or
14 her dependents. or the employer or business of any of these people;
15
16 (3) A sibling or stcp-sibling, child or step-child. parent or stcp-parent. niece or
17 nephew. uncle or aunt, or grandparent or grandchild of either himself or herself,
18 or of his or her spouse or domestic partner, or the cmployer or business of any of
19 Ihese people;
20
21 (4) An outside employcr or business of his or hers, or of his or hcr spouse or
22 domestic partncr, or someone who works for Sllcn outside employer or business;
:23
24 (5) A customer or cHenl orlhe otlicial or employcc;
25
26 (6) A substantial debtor or creditor of his or hers. or of his or her spouse or
27 domcstic parlner--"substantial" for these purposes shall mean at lcast tcn thousand
28 dollars ($10,000.00) and shall not include forms of ind~btedness, such as a
29 mortgage and note, or a loan between the ofticial or employee and a financial
30 institution;
31
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1 (7) A nongovernmental civic group, llnion, social, charitable. or religious
~ organi..-..ation of which hc or she (or his or her spouse or domestic partner) is an
3 ofticer or director.
4
5 (b) Disclosure of voting conflict.\'. County officials shall abstain from voting and not
6 participate in any mattcr that will result in a financial benelit as sel forth in subsections
7 (a)(]) through (7) abovc. When abstaining, the oflicial shall publicly disclose the nature
8 of the conflict and complete and lile a Statc of Florida Commission on Ethics Conl1ict
9 form 88 pursuant to the requirements of Florida Statutes, 9 112.3143. Simultaneously
10 with filing Form 8B, the ofticial shall submit a copy of the completed rom to the county
11 commission on ethics. Officials who abstain and disclose a voting conflict as sct forth
12 herein, shall not be in violation of subsection (a), provided the ofticial docs not otherwise
13 use his or hcr ofticc to take or fail to take any action, or influencc others to take or fail to
14 take any action, in any other manner which he or shc knows or should know with the
lS exercise of reasonable care will result in a finnncial benefit, not shared with similarly
16 situated members of the general public, as set forth in subseclions (a)( I) through (7).
17
18 (c) Prohibited contrClClual relationships. No official or employee shall cnter into any
19 contract or other transaction for goods or services with the county. This prohibition
20 extends to all contracts or transactions between the county or any person or agcncy acting
21 for the county, and the official or employee, directly or indirectly, or the official or
22 employee's outsidc employer or business. Any such contract, agrccment, or business
23 arrangement entcrcd into in violation of Ihis subsection may bc rcscinded or declared
24 void by thc board of county commissioners pursuanT to section 2-448(c). This prohibilion
25 shall not apply to employees who enter into contracts with Palm Beach County as part of
26 their orticial duties with the county.
27
28 (d) Exceptions and waiver. The requirements of s\lbsections (3) and (c) above may be
29 waived as thcy pertain to advisory board membcrs by the board of counly commissioners
30 upon full disclosure of the transaction or Iinancial benefit prior to the waiver and an
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1 affirmalive vole of" live (5) mcmbers of the board of county commissioners. tn addition,
2 no official or employee shall be held in violation of subsection (a) or (c) if;
3
4 (I) The business is awarded under a system of sealed, compctitive bidding to the
5 lowest bidder and:
6
7 a. The official or employee or member of his or her household has in no
8 way participated in the determination of the bid specifications or the
9 determination orthe lowest bidder;
10
11 b. Thc official or employee or member of his or her houschold has in no
12 way used or attempted to LIse the official or employee's influence to
13 persuade the agency or any pcrsonnel thereof to enter such a contract other
14 than by thc mere submission of the bid; and
15
16 c. Thc official or employee. prior to or at thc timc of the submission of
17 the bid, has Iiled a stalement with the supervisor of elections and the
18 commission on ethics, disclosing the naiUre of thc interest in the outside
19 employer or business submitting the bid.
20 (2) An emergency purchase or contract which would otherwise violate a
21 provision of subsection (a) or (c) must be made in order to protect the health,
22 safety, or welfare of the citizcns of the county.
23
24 (3) The outside employer or business involved is the only source of supply
25 within the county and there is full disclosure by the otlicial or employee of his Or
26 her interest in the outside cmploycr or business to the county and the ethics
27 commission prior to the purchase. rental. sale. leasing. or other business being
28 transacted.
29
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1 (4) The total amount of the transactions in the aggregate between the outside
2 employer or business and the county does not exceed live hundred dollars
3 ($500,00) pcr calendar year.
4 (5) Notwithstanding uny provision to the contrary, subsection (c) shall not bc
5 construed to prevent an employce from seeking part-lime employmcnt with an
6 oulside employer who has entered into a contract tor goods or services with the
7 COlU1ty provided that:
8 (a) The employee or relativc of the employee does not work in thc county
9 department which will enforce, oversee or administer the subject contract; and
10 (h) The outside employment would not interfere with or otherwise impair
11 his or hcr independence of judgment or otherwisc interfere with the full and
12 faithful performance orhis or hcr public duties to the conlrary; and
13 (c) The cmployee or relative of the employcc has not participated in
14 determining the subject contract requircmcnts or awarding the cont'ract; and
15 (d) The employee"s job responsibilities and job description will not
16 require him or her to be involved in the outside employer's eontraet in any way
17 including, but not limited to, its enforcement, oversight. administration,
18 amendment, extension, tcrmination or forbearance; and
19 (e) The employee demonstrates compliance with applicable mcrit mles
20 regarding outside employmcnt and obtains written permission from his or her
21 supervisor; and
22 (I) The employee has obtained a contliet of interest opinion from the
23 Commission on Ethics tinding no conflict exists regarding the subject contract.
~4 The request lor advisory opinion must be made in writing and sct fonh and
2S include all pertinent facts and relevanl documents,
26
27 (e) AccepJing travel expenses. No official or cmployee shaH accept, directly or
28 indirectly, any travel expcnses including, but not limited to, transportation, lodging.
29 meals. registration fees and incidentals from any county contractor, vendor, service
30 provider, bidder or proposer. The board of county commissioners may waive the
31 requirements of this subsection by a majority vote of the board. The provisions of this
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1 subsection shall not apply to travel expcnses paid by other governmental entities or by
~ organizations of which thc county is a member if the travel is related to that membership,
3
4 (0 Contingent fie prohibition. No person shall, in whole or in part, pay, givc or agree to
5 payor give a contingency fee to another person. No person shall, in whole or in part.
6 receive or agree to receive a contingency fee. As used herein, "contingency fcc" mcans a
7 fee, bonus. commission. or nonmonetary benefit as compensation which is dependent 011
8 or in any way conlingent on the passage, defeat, or modification of: an ordinance.
9 resolution, action or decision of the board of county eommissioners, any employee
10 authorized to act on behalf of thc board of county commissioners, the county
11 administrator, or any action or dceision of an advisory board or commiuee.
12
13 (g) Honesty in appli~ations for position.t. No pcrson seeking to become an official or
14 employee, or seeking to entcr into a contract to provide goods or services to thc county,
15 may makc any false statement, submit any false document. or knowingly withhold
16 information about wrongdoing in connection with employment by or services to thc
17 county,
18
19 (h) Disdosure or use of cerrain information. A current or l'omlor ol1icial or employee
20 shall nol disclose or use informulion not available to members of the general public and
21 gained by reason of his or her official position, cxccpt for informution relating
22 cxclusively to governmental practices, for his or her personal gain or benetit or for the
23 personal gain or benefit of uny other person.
24
25 (Ord. No. 2009-051, pI. J, 9 3,12-15-09)
26
27
28 Sec. 2-444. Gift law.
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30 (a) No county commissioner or employcc, or any other person or business entity on his
31 or hcr behull: shall knowingly solicit or accepl directly or indirectly, any gift with a value
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1 of greater than one hundrcd dollars ($100.00) from any person or business entity thai the
2 recipicnt knows is a lobbyist or any principal or employer of a lobbyist.
3
4 (b) No advisory board member, or any other pcrson on his or her behalf, shall
5 knowingly solicit or accepl direclly or indirectly, any gift with a value of greater Ihan one
6 hundred dollars ($100.00) from any lobbyist, or any principal or employer of a lobbyist,
7 who lobbies thc recipicnt's advisory board, or any county department that is subject in
8 any way to the advisory board's authority,
9
10 (e) No person or entity shall otTer. give, or agree to give an official Or employee a gift.
11 and no official or cmployee shall accept or agree 10 accepl a gift from a person or entity.
12 because of:
13
14 (I) An official public action taken or to be taken, or which could be taken;
15
16 (2) A lcgal duty performed or to be perlormed or which could be performed; or
17
18 (3) A legal duty violated or to be violated, or which could be violated by allY
19 ofiicia! or employee.
20
21 (d) Gift reports. Any official or employee who rcceives a gift in excess of one hundred
22 dollars ($100.00) shall report that gift.
23
24 (1) Off; reports fur officials and employees identified by state IClW as reporting
2S individuals. Those persons required to report gifts pursuant to state law shall
26 report those git1s in thc manncr provided by Florida Slall.ltes, S 112.3148, as may
27 be amended. A copy of eaeh report shall bc filed with the county commission on
28 elhks.
29
30 (2) All ()thf,r officials and employee.I'. All othcr officials or employees who
31 receive any gift ill excess of onc hundred dollars ($ J 00.00) shall completc and
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1 submit an annual gift disclosure report with the county commission on ethics no
2 later than November J of each year beginning November I, 20 II, for the pcriod
3 cnding Scptcmber 30 of cach year. Other officials or employees who do not
<1 receive a gift in exeess of one hundred dollars ($100.00) during a given reporting
5 period shall not liIe an annual gift disclosure report, The annual gift disclosurc
6 report shalf be created by thc county commission on cthics and shall be in a form
7 substantially similar in content as that required by statc law.
S
9 (e) For the purposes of this section, "gift" shall refer to the transfer of anything of
10 economic value, whether in the form of money, service, loan, travel, entertainment,
11 hospitality, ilem Or promise, or in any other form. without adequate and lawful
12 consideralion. Food and beverages eonsumcd at a single sctting or a meal shall be
13 considered a single gift. and thc value of the food and beverage provided at that sitting or
14 meal shall be considered the value of the gift.
15
16 (I) Exceptions. The provisions of subsection (e) shall not apply to:
17
18 a. Political contributions specifically authorized by state law;
19
20 b. Girls from relatives or members of one's household. For the purposes
21 of this subsection, "relative" means, spouse. parent. grandparcnt. child,
22 sibling, uncle, aunl, I1rSI cousin, nephew, niece, father-in-law, mother-in-
23 law. son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather,
24 stepmother, stepson, stepdaughtcr, stepbrother. stepsister, half-brother, or
25 half sister;
26
27 c. Awards for professional or civil achievemenl;
28
29 d. Material~ such as books, reports, periodicals or pamphlets which arc
30 solely infonnational or of an advcrtising nature;
31
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1 e. Gifts solicited by county employees on bchalf of the county in
~ performance of their official duties for use solely by the county in
3 conducting official business;
4
5 f. Gifts solieited by commissioners on behal f of the county in
6 performance of their official dutics for use solely by the county in
7 cond'lcting its oftiCilll business.
8
9 (Ord. No. 2009-051, pt. 1, * 4,12-15-09)
10
11
12- Sec. 2-445. Anti-nepotism law.
13
14 A county official may not appoint, employ, promote, advance. or advocatc for
15 app()intmenl, employmcnt, promotion, or advancement in or 10 a position in thc agcncy in which
16 the county official is serving or over which the county official exercises jurisdiction or control.
17 any individual who is a relative of the county orticial.
18
19 (I) For Ihe purposes of this section. "counly oflicial" means any official or cmployee in
20 whom is vcstcd the authority by law, rule, or regulation, or to whom the authority has
U been delegatcd, to appoint. employ, promote, or advance individuals or to recommend
22 individuals for appointmenl, employment, promotion. or advanccment in connection wilh
23 cmployment in an agency.
24
25 (2) For the pl,lrposes of this scction, "relative" means spouse. parent, child, sibling,
26 uncle, aunt, first cousin, nephew, niece, father-in-law, mother-in-law, son-in-law.
27 daughter-in-law, brolher-in-Iaw, sister-in-law, stepfather, stepmother, stepson,
28 st~pdaughtcr, stcpbrothcr, stepsister, hiM-brother, or half-sister.
29
30 (Ord, No. 2009-051, pt. I, ~ 5, 12-15-09)
31
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2 Scc. 2-446. Ethicll training.
3
4 (a) Ofl1cials and cmployccs, as public servants, are considered stewards of thc public
5 trust and should aspirc to the highest level of inlegrity and charaetcr. Ofticials and
5 cmployees shall be infonned of Iheir ethical responsibilities at the start of their public
7 service, and shall receive updates and training matcrials on ethics issues throughout the
B span or Iheir p~lblic service. The county administrator shall Ii:stabJish by policy a
9 mandatory training schedule for all officials and employees which shall include
10 mandatory periodic follow-up sessions. This policy may also address ethics training for
11 entities that receive county funds.
12
13 (b) The commission on ethics shall develop and dclivcr, or contract with other entities to
14 develop and deliver, training programs, The commission on ethics shall coordinate and
15 cooperate with all affected county enlilies. departments, agencies. boards and
16 commissions to ensure that etTcctive and meaningful training expcricnccs are delivered in
17 II timely and efticicnt manner.
18
19 (Drd. No. 2009-05). pI. ). ~ 6, 12-15-09)
20
21
22 Scc.2-447. Noninterference.
23
24 It shall bc II violation of this article lor any person: (a) to retaliate against, punish,
25 threaten, harass, or penalize any pcrson for eommunicaling, cooperating with, or assisting the
26 commission on ethics or the inspector gener<tl; or (b) to interfere, obstruct or attempt to interfere
27 or obstruct any investigation conducted by the commission on ethics or the inspeetor general.
28
29 COrd. No. 2009-051. pt. 1, ~ 7, 12-15-09)
30
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Z Set;. 2-448. Administration, enforcement and penalties,
3
4 (a) The commission on cthics shall be empowered to review, interpret, render advisory
5 opinions, and enforce this code of ethics pursuant to Ihe procedures establishcd in the
6 county commission on ethics ordinance. Jurisdiction of the commission on ethics with
7 respect to advisory opinions rendered shall extend to all officials and employees, and all
8 other persons and entities required to comply with the provisions of this code and the
9 county lobbyist registration ordinance, including but not limited to lobbyists. their
10 employers and principals, and contractors und vendors,
11
12 (b) A finding by the commission on ethics of a violation of any purt of this articlc shall
13 subject the person to public rcprimand, a fine of up to live hundrcd dollars ($500.00), or
14 both. The commission on ethics may also order the person to pay restitution whcn the
15 person or a third party has received a pecuni.\ry benelit as a rcsult of the person's
16 violation.
17
18 (c) Upon a finding of the commission on ethics that a violation of this article or the
19 lobbyist rcgistration ordinance resulted in a contract, grant, subsidy, license, permit,
20 franchisc, use. certificate, development ordcr or other benefit conferred by the county,
21 then such contract, grant, subsidy, license, permit, franchise, use, certifieale. development
22 order or other henelil may be rescinded or declared void by the board of county
23 commissioners.
24
25 (d) The commission on ethics may in its discretion refer violations of scctions 2-443, 2-
26 444(a), 2-444(b). 2-444(c), or 2-447 to the state attorney. Pursuant 10 Florida Statutes, ~
27 J 25.69, a person who violates the sections of Ihe article set forth in this section 2A48(d)
26 shall be subject to prosecution in thc name of the state in the same manncr as tirst degree
29 misdemeanors are prosecuted, ami upon conviction, such person shall be punished by a
30 fine not to e)l.ceed onc thousand dollars ($] .000), imprisonment not to exceed sixty one
31 year, or both.
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-
1
2 (Ord. No. 2009-051. pt. 1, ~ 8, 12-15-09)
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.-
1 DIVISION 8. COMMISSION ON ETHICS.
2
3
4 "Cross rcfcrcnccs: Code of ethics, ~ 2.441 et lIcq.
5
6
7 Sec. 2-254. Creation and jurisdiction.
8
9 The Palm Beach County Commission on Ethics (hereinafter "commission on ethics") is
10 hcrcby established. The jurisdiction 01' the commission on ethics shall extend to any person
11 required to comply with the county code of elhics. Ihe county lobbyist registration ordinance. and
12 the county post-cmploymcn1 ordinance, and may further extend to persons or entities required to
13 comply with additional ordinances and regulations duly adopted by other county. local. or
14 municipal government and any commission, bureau. district, or other governmental entity
IS located in Palm Beach County as more fully set forth below.
16
17 (Ord. No. 2009-050, 9 I. 12-15-09)
18
19
20 Sel.:. 2-255. Membership, qualifications, terms, vacancies.
21
22 (a) Composition and appointment. The commission on ethics shall be composed of
23 five (5) membcrs. The members of the commission on ethics shall be appoinrcd as
24 follows:
2S
26 (1) The president of the county association of chiefs of police shall be
27 requested to appoint a {ormer law enforcement official with cxperience in
28 investigating white collar crime Or public corruption.
29
30 (2) The president of the Hispanic Bar As~ocilltjon of Palm Beach County, the
31 president of the F. Malcolm Cunningham. Sr. Bar Association, and the president
32 of the county bar association shall bc requested to appoint an attorney with
33 experience in ethics regulation of publie officials and employees.
34
35 (3) The president of Florida Atlantic University (FAU) shall be requested to
36 appoint a faculty member who leaches at an institution of higher edUCi\tion with a
37 campus located in the county and who has taught a course in professional legal
38 ethics or has published or performed services in the field of profcssional legal
39 ethics.
40
C-XI'I 113 i I eX
376 of 404
1 (4) Thc prcsident of thc Palm Beach Chapter of the Florida Institute of CP As
2 shall be requested to appoint a member who possesses at least five (5) years
3 experience as a certified public accountant (CPA) with forensic audit experienee.
4
5 (5) The board of directors of the Palm Beach County League of Cities, Inc.
6 shall be requested to appoint a person who has served as a former elecled omcial
7 for a governmental enlity in the county.
8
9 All appointing officers identified in subsections (a)( 1) through (5) shall in good faith
10 cndeavor to appoint mcmbcrs of the commission on ethics within forty-five (45) days of
11 the effeetivc datc of the ordinance from which this division is derived. Each appointing
12 entity shall promptly provide notice of each appointment to the county administrator.
13
14 (b) Addilional qualificalions. Each member of the commission on ethics shall bc of
15 outstanding reputation for intcgrity, rcsponsibility and commitment to serving the
16 comm~mity, The members of the commission on cthics should bc rcprcsentativc
17 of the community-at-large and should reflect the racial, gender and cthnic make-
18 up of the community. Before entering upon the duties of office, each appointee on
19 the commission on ethics shall take the prescribed oath of office pursuant to
20 Florida Statutes, S 876.05. Members of the commission on cthics shall serve
21 without compensation.
22
23 (c) T<:rm. The members of the commission on ethic:; shall :;erve staggered terms of
24 four (4) years each. provided thai of the original members, two (2) members
25 dcscribed in subsections (a)( 1) and (2) shall be appointed for an initial term of two
26 (2) years. The remaining three (3) members shall be appointed for an initial term
27 of four (4) years. Thereafter, all members of the commission on cthics shall servc
28 terms of four (4) years.
29
30 (d) Vacancie.~_ A vacancy OCCUlTing during or at the expiration of II member's I~rm
31 on the commission on cthies shall bc tilled as provided in subsections (8) and (b),
32 no later than sixty (60) days after the vacaney oecurs.
33
34 (e) Additional r<:quiremenrs. No individual, while a member of the commission on
35 ethics. shall:
36
37 (1) Hold or campaign for any elective poIitieaJ officc;
38
39 (2) Hold office in any political party or political committee;
40
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1 (3) Actively participate in or contribute to any political action committee, or to
2 any campaign ror stale or local office or for any U.S. Congressional or Senate
3 omce serving Ihe State of Florida;
4
5 (4) Be employed by Palm Beach Count)', any municipality within the eounty, or
6 any other governmental entity subjcct to thc authority ofthe commission on ethics
7 or tht: inspector general; or
8
9 (5) Allow his or her name to be used by a campaign in support of or against any
10 candidate for political office or any reterendum or other ballot question. Nothing
11 herein shall preclude a member of the commission on ethics from signing a
12 petition in support of or against any referendum or othcr ballot question.
13
14 (Ord. No. 2009-050, ~ 2, 12- J 5-09)
15
16
17 Sec. 2-256. Applicability of code of ethiell ordiol\oct.
18
19 The county code of ethics ordinance shall be applicable to the members and staff of the
20 commission on ethics.
21
22 (Ord. No. 2009-050, ~ 3, J 2-15-09)
23
24 Sec.2-257. Organization.
2S
26 (a) The commission on ethics shall clect one (1) of its voting members as chairperson
27 whO shall serve a term of two (2) years. No chairperson shall be pennitted to
28 serve two (2) consccutivc terms.
29
30 (b) The commission on ethics Sh~11J adopt bylaws and rules of procedurc which are
31 consistcnt with thc provisions of this division and rules and regl,llations for thc
32 commission on ethics' governance. The commis::;ion on cthics shall hold regular
33 meetings in accordance with the bylaws of the commission and may hold such
34 other meetings as it de~ms necessary.
35
36 (c) All meetings of the commission on ethics shall be public. and writtcn minutes of
37 the proceedings thercof shall be maintained by the commission on ethics. All
38 actions taken at the meetings of Ihe commission on ethics shall be promptly and
39 properly recorded. Copies or all minutcs. rcsolutions, decision::; or advisory
40 opinions of the commi::;sion on ethics shall be forwarded to the clerk to the board
41 of county commissioners no later than thirty (30) day::; subsequent to any mccting
42 of the commission on ethics.
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1
2 (d) The commission on ethics shall be empowered 10 appoint an executive direclor
3 and to remove such appoinlee at will. The commission On ethics shall utilize a
4 competitive selection process when selecting an executive director. The
5 commission on ethics shall fix Ihe executive direclor's salary, subject to ultimate
6 budget approval by the board of county commissioners. The execulive director
7 shall be empowered to appoint, remove, and suspend employees or agents of the
8 commission on ethics, subjcct to ultimate budgct approval by the board of county
9 commissioners. The executive director shall be furthcr empowered to adopt
10 personnel and management policies consistent with like policics in place for
11 county personnel.
12
13 (Ord. No. 2009-050. ~ 4, 12-15-09)
14
15
16 Sec. 2-258. Powers and duties.
17
18 (a) The commission on ethics shall be authorized to exercise such powers and shall
19 be required to perform such duties us are hereinafter provided. The commission
20 on ethics shall be empowered to review, interpret. render advisory opinions and
21 enforce lhe:
22
23 (I) Counly Code ofElhies;
24
2S (2) County Post-employment Ordinance; and
26
27 (3) County Lobbyist Registration Ordinance.
28
29 (b) It is anticipated that municipalities, taxing districts, and other public officials and
30 entities will recognize and d~sire to benefit from the services of thc commission
31 on ethics. The commission on ethics may be empowered to review, interpret,
3~ render advisory opinions, and enforce the county's code of ethics or similar
33 ordinanccs, rules or regulations duly adopted by the county or other local or
34 municipal government. or any commission, bureau, district. or other
3S governmental entity located in the county. pursuant to agreements or memoranda
36 of underslanding between the commission on ethics and said governmental
37 agency. The memorandum of understanding or agrt:ement shall includc a
38 provision for fccs to bc paid to the commissi(Jn on ~thics from thc public entity in
39 exchange for such bem:/its at a ratc established by the commission on ethics. All
40 fees paid under any such agreement shall be used solely to fund the opcrations of
41 the commission on ethics and its staff. Any such agreemcnt or memorandum of
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-
1 undcrstanding is subject to final approval ofthe board, but such approval shall not
Z bc unreasonably withheld.
3
4 (c) As sct forth in the county office of inspector general ordinance (Ord. No. 2009-
5 049). the commission on ethics shall serve with one (1) delegale each from the
6 state attorney's office and public delellder's office fOf the Fil\eenlh Judicial Circuit
7 as the selection commitlee. The selection committee shall be authorized to scleet
8 the inspector general, to determine whether or not to renew the term of an
9 inspector general. and to femove the inspector general as set forth in grcater dctail
10 in the county office of imspector general ordina.nce.
11
12 (d) Thc commission on ethics shall from time to time review ordinances and state and
13 federal laws relating to ethics in government and shall report and make
14 rccommcndations to the board of county commissioners as it deems appropriate.
15
16 (c) The commission on ethics shall develop and deliver ethics training and outreach
17 programs for the benefit of county employees and otlicials, county vendors,
18 nonprofit corporations, and othcr entities that do business with or are regulated by
19 the county. Thc commission on ethics may recommend that the board enter into
20 agrccments with other entities to provide such training and OLltreach programs to
21 be administered by the commission on ethics.
22
23 (Ord. No. 2009-050, ~ 5, 12-15-09)
24
25
26 Sec. 2-259. Financial support for the commission.
27
28 (a) The commission on ethics shall establish a fiscal year which coincides wjth that
29 or the county, Pursuant to its annual budgct proccss, thc county shall provide
30 suflicient linancial support for the commission on ethics to tltltill its dutics as sct
31 forth in this division. The commission on elhics shall timely submillo Ihe board
32 of county commissioners a bLldget request including a rcasonable cstimatc of
33 operating and eapitul expenditures, which request shall not be implcmcntcd until
34 approved by the board of county commissioners. In ordcr to cnsure adequate
35 funding for the prompt cstablishmcnt of the commission on ethics, the board of
36 county commissioners hcrcby approves an amount equal to one hundred eighty
37 thousand dollars ($180,000,00) to fund all commission on ethics operations for
38 the remainder of the 2009--2010 fiscal year.
39
40 (b) The commissivn on ethics budgct rcqucst shall be prepared on o11ici31 county
41 budgetlonns in a format prescribed by the county onice of financial management
42 and budget, shall be reviewed in a manner similar to that in which of other county
380 of 404
-
1 departments are reviewed, and shall be incorporated in the proposed budget and
2 timely submilted to the board or county commissioners each year. Nothing
3 contained herein shall be construed to prohibit the commission on cthics from
4 submitting to the board or county commissioners supplemental budget requests
S which, ifapproved, shall constitute amendmenls 10 the county budget.
6
7 (c) In addition to budgetary appropriations made by the county, the commission on
8 ethics may accept grants, contributions or appropriations from the rederal
9 government, state government, any municipality wi\hin the county, or any
10 academic institution or nonprolil entity which has not entered into a contract or
11 tr/lnsacled business with the county. The commission On ethics may accept grants,
12 contribulions or appropriations from an academic institution or nonprofit entity
13 which has entered into a contract or transacted business with the county if the
14 board or county commissioners by resolulion approves the grant, conlribution, or
15 appropriation. No other grants, contributions or approprialions may be accepted
16 by the commission on ethics.
17
18 (Ord. No. 2009-050, S 6, 12-15-09)
19
20
21 Sec. 2-260. Procedure on complaints filed.
22
23 (a) Legally sufficient complaint, Any person may file a eompJaint with the
24 commission on ethics. Within thirty (30) days after rcccipt of a complaint by the
25 commission on ethics. a eopy shall be sent to the alleged violator, olherwise
26 known as the respondent. The commission shall investigate all complaints
27 following a finding by the execulive director, with advice of counsel to the
28 commission on ethics, that the complaint is legally sufficient. In order to be found
29 legally sufficient. a complaint must:
30
31 (1) Be in writing, and executed on a form prescribed by the commission on
3Z ethics;
33
34 (2) Allege the elements of a violation within the commission on ethics'
3S jurisdiction;
36
37 (3) Be based substantially upon thc personal knowlcdgc of the complainant; and
38
39 (4) Be signed under oath or aflirmation by Ihe complaining person.
40
41 (b) Complaints file.d hy Inspector General, Execurive Director or State Afforney.
42 The Inspector General, Executive Director or the Commission on Ethics or the
3810f404
-
1 State Attorncy may file a complaint with the Commission on Ethics. In order to
2 be found Icgally sufficient. the complaint must be in writing. sworn to by the
3 pcrson tiling the complaint before a notary public and contain the lollowing
4 language: "Personally known to me and appeared belore mI:. , whose
5 signature appears below, being duly sworn, says that the ulJegations set forth in
6 this complaint are based upon facts which have been sworn to as true by a
7 matcrial witness or witnesses and which j r true would constitute the oftenses
8 alleged and that this complaint is instituted in good faith." Within five (5) days
9 after receipt of the complaint by the Commission on Ethics, a copy of the
10 complaint shall be sent to the alleged violator. otherwise known as the
11 Respondent.
12
13 Upon a finding of legal sufficiency by the executive director. Ihe commission on
14 ethics shall initiate a preliminary investigation.
15
16 (c) Preliminary investigation and public hearing. A preliminary investigation shall
17 be undertaken by the commission on cthics of each legally suft1eient complaint
18 over which the commission on ethics has jurisdiction to determine whether there
19 is probable eause to bclicvc that a violation has occurred. If, upon completion of
20 the preliminary investigation, the commission on ethics finds no probablc cause to
21 believe that a violation has m:en committed, the commission on ethics shall
22 dismiss the complaint with the issuance of a report to the complainant and the
Z3 respondent. If thc commission on cthics finds from the preliminary investigation
24 probable eausc to believe that a violation has been committed, it shall notify
25 complainant and n:spomlent via certified mail, hand delivery, or courier,
26 informing Ihe person of his or her right to request a hearing within thirty (30) days
27 of recl:ipt of the notice. Upon request submitted to the commission on ethics in
28 writing, any person who the commission on cthics finds probable cause to believe
29 has committed a violation of a provision wilhin its jurisdiction shall be entitled to
30 a public hearing. Such person shall ~ deemed to have waived the right to a public
31 hearing if the request is not received within thirty (30) days following receipt of
32 the probable calise notification required by this subsection. The commission on
33 ethics may on its OWl) motion require a public hearing. may eonduct such further
34 investigation as it deems necessary, and may enter into such slipulations and
35 scttlcments as it finds to bc just and in the best intcrest of the citizcns of the
36 county. The public hearing provided for in this section shall be held within ninety
37 (90) days of the pwbable cause detemlinalion unless extended by the commis::;ion
38 on ethics Cor good cause based on the request of a party or on its own initiativc.
39
40 (d) fnvestiRations. lnvcstigations shall be conducted by commission 011 ethics stan' or
41 by any other person or agency so designated by the commission On ethics under
42 the supcrvision of the executive director andlor the inspector general.
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1 Investigations shall be limited to the allegations of the complaint, but shall
2 include an invesligation of all facts and persons materially related to the
3 complaint at issue.
4
5 (e) Counsel.
6
7 (1) Counsel to <.:ommission on ethics. The commission on ethics shall select
8 counsel to advise the commission on ethics.
9
10 (2) Advocate. The commission on ethics shall retain legal counsel to serve as the
1l advocate. The advocate shall prosecute cases before the commission on ethics.
12 The executivc dircctor may serve as advocate provided the executive director is a
13 member of the Florida Bar in good standing.
14
15 (3) Counsel to thc commission on ethics, the advocate, or both may serve on a
16 volunteer basis,
17
18 (4) Respondent. The respondent may appear on his or hcr own behalf or may be
19 represented by a lawyer. All notices and communications to a respondent
20 reprcsented by a lawyer shall be made through respondent's lawyer.
21
22 (f) Public records exemption. The commission on ethics and its staff shall be
23 considered "an appropriate Ivcal ollicial" f'or the purposes of whistlcbJowcr
24 protection provided lor in Florida Statutes, ~ 112.3 188(1). With the exception of
2S the initial complaint tiled in a matter, all records held by the commission on ethics
26 and its staff related to an active preliminary investigation are conlidential and
27 excmpt from disclosure in a manner consistent with the provisions in Florida
28 Statutes, 9 112.3188(2), Once a preliminary investigation is complete and a
29 probable cause detcnnination made, all other proceedings conducted pursuant to
30 this subseclion shall be public meetings within Ih~ m~aning of Florida Statutes.
31 ch. 286, and all other documents made or received by the commission on ethics
32 shall be publie records within the meaning of Florida Statutes, eh. 119,
33
34 (g) General power of subpoena. The commission on ethics shall be empowered to
3S subpoena and investigate, In the Case of a refusal to obey a request for documents
36 or for an interview during an invcstigation, the commission on ethics may
37 subpoena (eJevant witnesses and compel their attendance and testimony,
38 administcr oaths and affirmations, take evidence, and require by subpoena the
39 production of any books, papers, records. or other relevant itcms.The commission
40 on ethics may delegale to its staff thc authority to administer oaths and
41 affirmation$, In the case of a refusal to obey a subpoena issued to any person. the
42 commission on ethics may make application to any circuit court or this state
383 of 404
1 which shall have jurisdiction to order the witness to appear before the commission
2 on ethics and to produce evidence, if so ordered, or to give testimony touching on
3 the matter in qucstion. Any pcrson who fails to obey the order may be punished in
4 a court of law. Seventy-two (72) hours prior to serving a subpoena, the cxccutivc
5 director shall provide written notice to the state attorncy and thc U.S. Attornc)' for
6 the Southern District of Florida. Thc commission on ethics shall not intcrfcrc with
7 any ongoing criminal investigation or prosecution of the statc attorney or thc U.S.
8 Atlomey for the Southern District of Florida. When the slate attorney or the U.S.
9 Attorney tor the Southern District of Florida has explicitly notified the
10 commission on ethics in wriling that the commission's investigation is interfering
11 with an ongoing criminal investigation or prosecution, the commission on ethics
12 shall suspend scrvicc of subpoena, examination of witnesses, or olher
13 investigativc activities as set forth in the notice.
14
15 (h) Subpoenas for discovery: discovery. AI any lime after the commission on ethics
16 orders a public hearing of the maller, the commission on ethics may issue
17 subpocnas, as provided in subsection (f), to effecl discovery upon the written
18 request of rcspondcnt or advocate. The requesting person shall give the name and
19 address of each witness he or she wishes to have deposed and shall describc with
20 particularity those documents or other items that thc pcrson wishes to have the
21 witness produce pursuant to a subpoena duce.f tecum . 'nle chairperson or a
22 member of the commission on ethics designated by the chairperson may issue
23 appropriate orders to effectuate the purposes of discovery and to prevent delay.
24
2S (i) Subpoenas for public hearing. The respondent and the advocate shall submit to
26 thc executive director 11 list of all witnesses he or she wishes to have subpoenacd
27 to attend thc hearing. The lists shall contain the correct names and addresses of
28 the witnesses and shall describc with particularity those documents or other ilems
29 Ihal he or she wishes to have thc witness bring to thc hearing pursuant to
30 subpo~na duces tecum, Subpoenas shall be issued as provided in subsection (t).
31
32 (j) Molions.
33
34 (I) All motions shall be in writing unless made on the record during a hearing.
3S and shall fully state the actions requested and the grounds relied upon. The motion
36 shall inc1udc a statement that the movant has conferred with the advocate and all
37 other partics of record and shall state whether thcrc is any objection to the motion.
38
39 (2) The original wrillen motion shall be tiled with the commission on ethics and
40 a copy served on all partics or their attorneys. The commission on ethics staff
41 shall send a copy ofthc motion to the chairperson.
42
384 of 404
1 (3) The chairperson. or a member of the commission on ethics designated by the
2 chairperson, shall conduct such proceedings and makc such orders as arc deemed
3 necessary (0 dispose of issues raised by motions. but is not required to hold a
4 hearing on the motion in order to rule upon it.
5
6 (4) Every written motion may be accompanied by, or included in, a writtcn
7 memorandum stating the grounds upon which thc motion is bascd. Othcr partics
8 to a procecding may, within seven (7) days of service of a wrlnen motion, tile
9 written mcmoranda in opposition,
10
11 (k) Prehearing conjerene,:es. The chairperson, or a member of the commission on
12 ethics designated by (he chairperson. may conduct one (1) or more preheating
13 conferences for Ihe purpose of hearing arguments on pending motions, clarifying
14 and simplifying issues, discussing the possibilities of settlement of the issues,
lS examining exhibits and documents. exchanging names and addresses of
16 witnesses, and resolving other procedural matters.
17
18 (I) Exchange of witness tists. Unless otherwise ordered by the chairperson or u
19 member of the commission on ethics designated by the chairperson as a result of a
20 prchearing conference. the advocate and the respondent(s) or counsel for
21 respondcnt(s) shall exchangc thc names and addrcsses of witnesscs at least ten
22 (10) days prior to the public hearing, with a copy bcing provided to the
23 chairperson. Names and addresses of witnesses discovered subsequently shall be
H disclosed to the other party or parties and to the chairperson as soon as possible,
25 Failure to disclose the name and address of a witncss may result in thc exclusion
26 of thc witness's testimony, according to the rule applied in civil judicial
27 proceedings.
28
29 (Ord. No. 2009-050. ~ 7. 12-15-09)
30
31
32
33
34 Sec. 2-260.1. Public hearing procedures.
35
36 (a) Presentation 0/ Ihe case. Thc advocate shall present his or her case tirst.
37 Respondent may then present his or her case. Rebuttal evidence m..y be permiued
38 in the discretion of the commission on ethics.
39
40 (b) Opening and closing .~lalemenlS. Opcning and closing statements may be
111 presented by the advocatc and the respondent. The advocate may make the first
385 of 404
- -"
1 stalement and the respondent may follow, Rebuttal by the advocate muy be
2 permitted or may be denied.
3
4 (c) Evidence.
5
6 (1) Stipulations may be re<.:eived and are encouraged as to uncontested matters.
7
S (2) Oral evidence shall be taken only on oath or affirmation.
9
10 (3) Thc respondent and the advocate shall have the right: to present evidence
11 relevant to the issue; to cross-examine opposing witnesses on any matter relevant
12 10 the issue; and to impeach any witness regardless who first called him or her to
13 tcslify.
14
15 (4) The hearing shall not be conducted according to tochnical rules relating to
16 evidence and wilnesses, Any rclevant evidence may be admitted. Hearsay
17 evidence may be used to supplcment or explain other evidence, but shall not be
18 sufficient itself to support a I1nding. The rules of privilege shall be effective to the
19 samc extent that they are now or heroafter may be recogni7.ed in civil actions.
20 Irrelevant and ~mduJy repetitious evidence shall be excluded. The commission on
21 ethics shall not allow thc introduction inlo evidence of an affidavit of a pen;{ln
2Z when that person can be called to testify; this shall not prcclude the admission of a
23 deposition of such a person, however, for any reason permissible in a court of law
24 under the Florida Rules or Civil Proecdurc.
25
26 (d) Trcmscripl of proceedings. The proceedings shall bc recorded by recording
27 instruments or by a court rcporter. Respondenl may, at his or her own expense.
ZS provide a courl reporter or recording instruments. The commission on ethics may
29 provide a court reporter. No transcript ofthc proceedings shull be prepared unless
30 rcqucsted by the commission on ethics or by the respondent. Tf the respondent
31 requests thai a transcript be prepared by a court reporter. the respondent shall pay
32 the expense of transcription. If the Respondent requcsts that the commission on
33 ethics prepare <l transcript from recording instnlments and the commission On
34 ethics grants such request, the respondent shall pay the commission on ethics the
3S actual cost of transcription. Tf a court reporter records the proceedings, thc court
36 reporter's transcript shall be Ihe official transcript.
37
38 (e) Proposed public report. Aftcr the conclusion of the hearing, the respondent and
39 the advocule may present written proposed publie reports. within a time
40 designated by the chairperson or a mcmber of the eommission on elhies
41 designated by the chairperson. If a proposed public report is filed by (he
386 of 404
-
1 respondent or the advocate, each proposed finding in the proposal that is rejected
2 shall be accompanied by a statcmcnt summarizing the reasons for rejection.
3
4 (I) Motions 10 di.l'miss.fi/ed hy advocate. Aftcr probable cause is found and a public
5 hearing is ordered by the commission on ethics, and after further investigation or
6 discovery is made by the advoeatc, the advocate may move to dismiss the
7 proceeding if the advocatc concludes that there is insuflicient evidence to proceed
8 to the public hearing in good faith. Such a motion shall specifically stale the
9 grounds upon which it is made. Thc motion shall be heard by the commission On
10 ethics in accordance with the proccdurc provided for in section 2-260(i).
11
12 (g) Puhlic order imposing penalTy. Upon complction of any hearing initiated under
13 this subsection, the commission on cthics shall make a finding and public report
14 as to whether any provision within its jurisdiction has been violated. If the
15 commission on ethics finds, bascd upon competent substantial evidence in lhe
16 record, that a violation has bcen committcd, thc commission on ethics shall issue
17 an order imposing thc appropriatc pcnalty as provided in the ordinance being
18 enforced. The public rcport and final order shall include a determination as to
19 whether thc violation was intentional or unintentional. The commission on ethics
20 shall, within twelve (12) months of the liling of a complaint, render a tinal ordcr
21 disposing of said complaint unless extended by the commission for good cause, If
22 a person fails to comply with an order issued by the commission on cthics, the
23 commission on ethics may make application to any circuit eourt of this state
24 which shall have jurisdiction to order the violator to comply with the order of the
25 commission on ethics. Any violator who tails to obey the order may be punished
26 by thc court.
27
28 (Ord. No. 2009.050. * 8. 12- 1 5-(9)
29
30
31 Sec. 2-260.2. Notification and referral to other authorities.
32
33 As provided for by ordinance within its jurisdiction, the commission on ethics shall refer
34 a matter to the slate attorney or any other appropriate official or agency having authority to
35 initiate prosecution when dcemed appropriate. The state attorney or olher appropriate agency
36 may decline prosecution or cnforcement of any matter referred under Ihis division and refer the
37 matter back to the commission on ethics. The commission on ethics shall notify the State of
38 Florida Commission on Ethics. the state attorney, the U.S. Attorncy for thc Southern Disttict of
39 Florida. and other appropriate law enlorcement agcncics within ten (10) days of a finding of no
40 probable cause or of a final order disposing of a complaint.
41 (Ord. No. 2009-050. ~ 9, 12-15-09)
387 of 404
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1
2
3 SlJc. 2-260.3, Dismissal of complaints.
4
5 Notwithstanding any other provisions of this division, thc commission on ethics may. at
6 its discretion: (a) dismiss any complaint at any stage of disposition should it dctermine that thc
7 public intercst would not bc servcd by proceeding further, or (b) dismiss any complaint at any
8 stage of disposition and issue a letter or instruction to the respondenl when il appears that the
9 alleged violation was inadvertent, unintentional or insubstantial. In the event the commission on
10 ethics dismisses a complaint as provided in this subsection, the commission on ethics shall issue
11 a public report stating with particularity its reasons for the dismissal. The commission on ethics
12 may. at the request of the state attorney or any other law enforcemcnt agency, stay an ongoing
13 proct:eding. The commission on ethics shall not interfere with any ongoing criminal investigation
14 ol'the state attomey or the U.S. Attorney for the Southern District of Florida,
1S
16 (Ord. No. 2009-050. ~ 10. 12-15-09)
17
18
19 Sec. 2-260.4. Frivolous or Rroundless complaints.
:20
21 In any case in which the commission on cthics dctermines that the complaining party
22 filed a frivolous or groundless complaint as detined in Florida Statutes, ~ 57, ] 05, or a complaint
23 with malicious intent and with the knowledge that the complaint contains one or more false
24 allegations, or with reckless disregard for whether thc complaint contains matcrial false
2S allegations, the commission on ethics shall order the complaining party 10 pay any costs and
26 attorney's fees incurred by the commission on ethics and/or the alleged violator. The
27 determination by the commission on ethics regarding. whethcr a complaint is frivolous or
28 groundless shall be dccmcd conclusive.
29
30 (Ord. No. 2009-050, ~ 11, 12-15-09)
31
3Z
33 Sec. 2-260.5. Effect on other laws.
34
35 The provisions of this division shall bc deemed supplemental to any other applicable
36 county ordinance or state or federal law and are not intended to replace or repelll any provision
37 of state or fedcrallaw or of this Code.
38
39 (Ord. No. 2009-050, * 12, 12-15-09)
40 Sec. 2-260,6. Prospective jurisdiction.
41
388 of 404
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1 Thl: commission on ethics shall 00 empowered to consider alleged violations within its
2 jurisdietion committed on or after the effective date of the ordinances set forth in section 2-
3 258(a), as each may be amended from time to time. Any alleged violation committed before the
4 effective date of any such ordinance or amendment shall be governed by the applicable law in
5 effect at the time of the allcged violation.
6
7 (Ord. No. 2009-050. ~ 13, 12-15-09)
8
9
10 Sec. 2-260,7. Personnel proceeding.
11
12 Where an employee of the county is alleged to have violated an ordinance within the
13 jurisdiction or the commission on ethics and, based upon the same set of facts, is subject to an
14 ongoing disciplinary action initiated by the county, the commission on cthics shall stay
15 consideration of u complaint until the conclusion of the personnel procccding. Nothing herein
16 shall abridge cmployccs' constitutional right to colleclive bargaining.
17
18 (Ord. No. 2009-QSO, * 14, 12-15-09)
19
20
Z1 See. 2-260.8. Statute of limitations.
22
23 No action may be takcn on a complaint liIed more Ihan two (2) years after the violation is
24 alleged to have oecurrcd unlcss a pcrson. by fraud or other device, prevents diseovcry of thc
25 violation. Where the allegations arc the subject of a personnel proceeding or wherc the
26 eomplainant is required to I:xhuust his or her administrativc remedies prior to filing a complaint,
27 thc statutc of limitations shall be tolled until the termination of ~aid pcrsonnel proceeding or the
28 exhaustion of administrative rcmedies.
29
30 (Ord. No. 2009-050, ~ IS, 12-15-09)
31
32
33 Sec. 2-260.9. Advisory opinion.
34
35 Any person within the jurisdiction of thl: commission on ethics, when in doubt about the
36 applicability or interpretation of any provision wilhin the commission on ethics' jurisdiction \0
37 himself or herself in a particular context. may submit in writing the facts of the siluution to the
38 eommission on ethics with a request for an advisory opinion to establish the standard of public
39 duty, if any. An advisory opinion shall be rcndered by the commission on cthics on a timely
40 basis, and each sueh opinion shall be numbered. dated and published.
41
42 (Ord. No. 2009-050, * 16,12-15.09)
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1
2
3 Sec. 2-260.10. Appeals.
4
5 (a) Any final order of Ihe commission on ethics may be appealed by filing a petition for
6 writ of certiorari in tht: Fifleenth Judieial Circuit Court in and for Palm Beach County.
7 The commission on ethics shall provide the index and reeord on appcal whcn rcquired by,
8 and in accordance with, the Florida Rules of Appellate Procedure. A fee shall be charged
9 by the commission on ethics for the prcparation and transmission of the record on appeal
10 to the court of appropriate jurisdiction. Such fee may bc waived by the cxccurivc director
11 if the party requesting the record is indigent.
12
13 (b) Costs or fees may not be assessed against the commission on ethics in any appeal
14 from a final order or advisory opinion issued by the commission on ethics pursuanllO lhis
15 division.
16
17 (c) Unless specifically ordered by the commission on ethics or by II court of compctenl
18 jurisdiclion, the commencement of an appeal does not suspend or stay a final order or
19 advisory opinion of the commission on ethics.
20
21 (Ord. No. 2009-050, S 17, 12-]5-09)
22
390 of 404