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Agenda 07/10/17CITY OF BOYNTON BEACH SENIOR ADVISORY BOARD MEETING July 10, 2017; 2:00 P.M. ,..t�w.�, i i'►, >. SENIOR CENTER 1021 S. FEDERAL Hwy BOYNTON BEACH, FL 33425 AGENDA I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ATTENDANCE IV. APPROVAL OF AGENDA 1. Additions, Deletions, Corrections 2. Adoption V. APPROVAL OF MINUTES (for April 3, 2017 meeting) VI. UNFINISHED BUSINESS A. Review Code of Conduct Handbook (members will receive it at sign up) B. Request for budget information of the Center C. Our Library combined to one location (some given to the Civic Center) D. Copies of full scale health agreement for this center from Brent E. Staff and Volunteers usage of cell phones for personal use (non -emergency) VII. NEW BUSINESS A. Have a picture shoot w/a photographer B. Also have a contest -members bring in old photos and an essay if they like C. Show and tell bring in old item to display and discuss at preset tables on a certain day D. From the Supervisor's Desk VIII. Amy Blackman —Q & A A. Any scheduled renovations IX. NEXT MEETING: Monday, October 2, 2017 X. ADJOURNMENT MINUTES IOR ADVISORY BOARD REGULARTIHELD AT THE SENIORCENTER, 1021 S. FEDERAL HIGHWAY,T C, FLORIDA, ON MONDAY, APRIL 3, 2017, AT 2:00 P.M. Janet Harris, Chair Terry liams, Vice Chair Michael Brevda Marsha Bionta Andrew Richardson Jean Young (arrived 2:08 p.m.) . Call to Order Chair Harris called the meeting to order at 2:04 p.m. Pledge followed by Attendance Brenton Rolle, Center Supervisor Amy Blackman, Board Liaison The members recited the Pledge of Allegiance to the Flag. 1. Attendance Self -introductions were made. A quorum was present. IV. Agenda Approval 1. Additions, Deletions, Corrections 2. Adoption Motion Ms. Bionta moved to approve the agenda. Vice Chair liams seconded the motion that unanimously passed. V. Approval of Minutes of January 9, 2017 Motion Vice Chair liams moved to approve the minutes. Mr. Srevda seconded the motion that unanimously passed. Meeting Minutes Senior Advisory Board Boynton April 3, 2017 kyll�vrllflm 1: A. Special Holiday open bring lunch Chair Harris recalled at the last meeting, the members discussed lunch on holidays and the Mae Volen Center. She advised staff will list the days when the Center is open and the Mae Volen Center is closed so members will know to bring their lunch. Ms. Blackman advised some members are not aware the Senior Center and the Mae Volen Center are separate facilities. Discussion followed about having a pot luck lunch on those days; however, Mr. Rolle explained doing so would create a liability as some people have allergies. Prepackaged or ordering food, such as pizza is an option. B. Q & A Brenton Rolle: 1) Code of Conduct Handbook for members. At the last meeting, the members discussed the Code of Conduct handbook for the Center members and Board of Directors, a draft of which Mr. Rolle distributed. Discussion followed about holding a meeting at the Center to discuss the Code with patrons, or displaying a poster with bullet points from the Code. Most people know what a Code of Ethics is, but posting it may be beneficial as some patrons may forget some of the rules. It was decided in addition to it being posted at the Center, current members will not receive a copy of the Code, but new members would. In January, Chair Harris had distributed a 211 Resource Brochure for low-income individuals and she now had a Community Caring Center brochure. Vice Chair liams asked if the brochures were available for patrons and was referred to staff that stocks the information. Vice Chair liams asked if her Board term was expiring and learned hers and Mr. Brevda's appointments would terminate in December. Members should receive a letter in advance of the term expiration and can reapply. Ms. Young noted members move chairs out of the rooms. Vice Chair liams explained they are playing "Hand and Foot" with eight or ten people. They put two tables together and bring chairs from other rooms, but they do not return them. Mr. Rolle agreed to speak to the members involved. VII. New Business A. Welcoming new employee to Center Chair Harris announced Catherine Poole is a new part-time employee at the Center. B. Changes for the use of the library and/or location or remove 61 Meeting i s Senior Advisory Boynton I riApril 3, 2017 Chair Harris wanted to discuss changes regarding the Center Library. Two members have been taking care of the Center Library that is split in two places. She asked if the Library had too many books and thought the volume of books cannot be accommodated. Mr. Rolle advised the books are donated and the Center does not have to accept everything they are given. The Center allows members to take books home and they are there for all to enjoy. Vice Chair liams suggested if there are any books that are not wanted, they be boxed and taken to the City Library, or donating them to Goodwill or some other charity. Ms. Blackman suggested removing the outdated books and asked if the two library areas were heavily utilized and learned they were not. A suggestion was made to put up a sign. If patrons are aware they could have the books, a lot of them would be taken, reducing the amount of books to a manageable size. It was thought they could then have one Library location freeing up shelves that could be used for other things or storage. Vice Chair liams asked about donating DVDs. Mr. Rolle advised there is no room for them and they have been giving DVDs away to Bingo. Ms. Blackman advised the City's camps and aftercare programs do not watch TV and have no use for them. She also pointed out the Center holds a very well attended rummage sale at the Civic Center twice a year where DVDs could be sold. It is so successful, they are thinking about adding a third sale. A table is $20 and the cost could be shared between members. C. Supply cheap umbrellas (front desk) Chair Harris explained there has been a slight issue with umbrellas at the front door on rainy days. She noted umbrellas could be purchased at the Dollar Store and asked if there could be some by the front desk. Ms. Blackman commented the Center cannot purchase umbrellas and give them away unless there is a City logo on them and then they would have to supply umbrellas to all. She thought residents should be prepared for inclement weather. Vice Chair liams suggested keeping three large umbrellas to walk slower patrons or those with walkers out to their cars when it rains. Chair Harris advised often, very elderly patrons just hold a piece of paper over their heads. A complaint had not been made, but staff agreed to look into this issue, noting there may not always be someone available to assist. D. Membership cost (increase) Chair Harris asked how long the cost of membership was $40. No one knew and a suggestion was made to contact Sherri Claude, Assistant to the Director, Recreation and Parks. Chair Harris noted the cost of living was increasing and thought there should be a discussion about a commensurate membership fee increase. Vice Chair liams pointed out the increase would pertain to members that do not live in the City. Mr. Rolle asked what the increase would be used for and learned that some at the Center are always saying they do not have the funds for supplies. Mr. Rolle explained the 3 Meeting Minutes Senior Advisory a . d Boynton Beach, Florida April 3, 2017 membership fees go into the General Fund as revenue and activities held at the Center come from a program line item. There was discussion about patrons donating money and being recognized for their donation with a star with their name on it. Ms. Blackman thought a similar program may have been used for sponsors in the past and commented there is a separate donation account. The Center could institute a donation program, but would be surprised patrons would be willing to donate. She explained a donation account is normally used for equipment or something everyone could use. She asked if there was an occasion the Center could not provide something that was requested. Mr. Rolle advised some of the issues the Board was discussing, such as cake and ice cream, are items staff would not purchase. Ms. Young noted the Center used to have a variety of foods and Vice Chair liams thought donated monies could be used to buy them. Ms. Blackman explained they could upscale food at parties, but the party fee would increase. Ms. Young asked where the $3 party fee came from and Ms. Blackman opined it probably came from sponsors. Sponsorships still go to the Senior Center. Vice Chair liams explained, in the past, sponsors brought in food such as sandwiches and fruit cups, pizzas for the dance group and the last time they held an event at the Center, they gave away 20 gifts. Ms. Blackman thought this may have been done in lieu of a monetary donation. Mr. Rolle explained 100 people paying $3 each for a party would barely cover entertainment. Food service would be at least another $400. Mr. Rolle explained they use sponsorship dollars to offset activities at the Center. When he considers the cost to run a program for the year, and that party volunteers are free, the number of paying participants decreases and there is a deficit. They have to pass on the cost. Vice Chair liams favored asking sponsors to do so. Chair Harris commented the patrons had been discussing food. Ms. Blackman advised each time she comes to the Center she sees loads of sweets. Vice Chair liams explained cookies and tea were offered in the afternoon at least once a week. The snacks are offered when they were available. Cookies and different items from Publix are donated depending on what they have left over. Staff does not purchase cookies, pies or other high -calorie, unhealthy items. The Center signed a pledge supporting healthy eating and a healthy lifestyle. Staff also has to pick up the left over items. Ms. Blackman and Mr. Rolle will discuss it and supply a copy of the Healthy Pledge to the Board, which talks about vendors. It is an initiative. for a healthy lifestyle for all recreation programs. Ms. Bionta inquired about vending machines. Ms. Blackman responded she would not know where to put one and did not think patrons would buy the items. It was noted Trader Joes donates a lot of fruit; however, Mr. Brevda noted a court case as there is a liability with giving away damaged food. The larger picture is what they provide for the overall sponsorship. Ms. Blackman suggested adding a sponsorship category for a lunch or party. Mr. Brevda thought it was a good solution. 4 Meeting Minutes SeniorAdvisory Board it Boynton Beach, Florida April 3, 2017 Ms. Bionta advised there are changes and patrons should understand what the City approved. Mr. Rolle explained it is important to follow the rules. Ms. Blackman explained Board members should encourage patrons to speak with Mr. Rolle when they make comments. Vice Chair liams agreed to explain the $3 party fee is for entertainment. On a different matter, Chair Harris noted Sterling Village has a theatrical troupe and comedians that used to come to the Center and perform. III. Amy Blackman - Q & A A. Plans for additional renovations Chair Harris asked about plans for additional Center renovations and recalled they were going to move items around in the front courtyard and in the back to discourage the homeless population. Ms. Blackman was not aware of any changes other than the parking lot. She commented the parking lot has to be totally replaced and they will have to address traffic flow, but did not know exactly when the work would occur. Chair Harris asked if the tree could be removed or at least trimmed. Ms. Blackman explained the City is responsible for the shrubs. Vice Chair liams ask about the air conditioning as it has been freezing in the front of the Center and the cooling is unevenly distributed throughout the building. She learned the air conditioning techs have been to the Center. She suggested a damper be used to help evenly distribute the air. Ms. Blackman explained Facilities informed her part of the problem is someone in the building is adjusting the temperature. Ms. Blackman agreed to speak with Facilities. She noted the building had been renovated and an addition had been added Chair Harris announced the next meeting is July there is a problem attending. She noted there more regular member is needed. The seat does volunteer at the Center. X. Adjournment 10, 2017. Members should call her if is an opening on the Board and one not have to be filled by a member or There being no further business to discuss, Chair Harris adjourned the meeting at 3:24 p.m. aa-t�v-'V)LL 04"1 Catherine Cherry Minutes Specialist 5 5115 Alzheimer's Workshop for Staff The Senior Center Staff participated in an Alzheimer's Presentation sponsored by the Alzheimer's Association and presented by Ms, Jennifer Brito. The staff learned about 10 signs of early onset of Alzheimer's and Dementia. 5/23 Paint for Fun 25 attendees Paint for fun is an activity sponsored by the Alzheimer's Care Resource Center. The participants are charged $10 per person to cover expenses. This is an ongoing program that is scheduled every other month. We usually have to turn people away. This is a very popular activity. 6/7 Garden club attendees 25 This next presentation was sponsored by the Florida Federation of Garden Clubs. This was truly a great presentation it was a hands-on presentation given by a member of the Boca Raton Garden Club Nancy Richards. She was very informative on how plants can keep the air clean inside of your home. She also touched on the subject that many homes and apartments are closed in places, especially during a hot South Florida summer. The air quality of many homes is not the best due to smoke, toxins from cleaning supplies, pesticides, mold, etc. Plants are nature's air filters.. She discussed where these toxins come from and which house plants are best for cleaning the air. Catherine had gone to Home Depot and got a generous donation of 50 small clay pots as well as a large bag of potting soil. The Tri -Council of the Florida Federation of Garden Club donated plants that we had all planted together. The seniors got to take the plant home and start a new day with a healthier and cleaner air inside their home. In total there were about 25 seniors that participated in this presentation. They asked Catherine to get her back and do another presentation which she set up for July 27. This one is called" The Misunderstood." This presentation deals with the critters that are commonly encountered in our yards here in Florida. They are all looking forward to this. 6/9 Duck Tour attendees 20 The Duck tour was a smashing hit! I am confident that we would have had more but we could only use 2 vans for transport. Immediately after Catherine put the flyer out for sign-ups it was full! They had an absolutely beautiful day. They left the Senior Center at 9:30 and arrived in West Palm Beach at 9:50 and boarded the boat for our Duck tour! It was a 75 minute fully narrated musical tour. There were many points of interest that included the Flagler Museum, Society of Four Arts Club and Clematis Street. Afterwards, they enjoyed a lovely lunch at the Cheesecake Factory. All the seniors were raving about this and asked Catherine to please plan more outings similar to this one! They just quacked her up! 6/15 Outlook a Healthier Lifestyle attendees 20 Our presentation on June 15 was given by Dimitri Karageorge. His presentation dealt with strategies that can assist anyone to lead a more rewarding lifestyle. The highlights of this presentation included living a life of gratitude with diet and exercise. He also mentioned that if you pursue and create new passions in life you're also creating memories and having fun! This leads to more rewarding life one day at a time. A lot of the seniors had a notepad and we're taking tons of notes and really enjoyed his presentation. Yoga with Joann — Tuesday, 6/27 12:45 15 attendees This Chair Yoga class is to help our seniors relax and refresh with the power of breathing and stretching. This class is presented by Joann Levy. The class was a big hit and Joann has agreed to have this class every other Thursday beginning July 13th @ 12:00 pm and ending August 24th. This will be a summer class only.. Donations & Purchases - New Portable Sound System - Home Depot donated 50 Clay Pots for Gardening Class - Yogurt & Fruit toppings for Mother's Day Party Upgrades/Additions/Deletions - New Sponsor (May 15) Podiatry Screening and Consultations (Tuesdays) - Welcomed 2 New full page sponsors for our Newsletter (MMR Healthcare & Boynton Podiatry Associates) - Removed all of the white chairs from the lobby as they were found to be a hazard - In April we completed our quarterly Facility Fire Inspection & Fire Drill - In June we made arrangements to have COBB light duty employees work at the Senior Center According to the Centers for Disease Control and Prevention (CDC), a healthy community is one that continuously creates and improves both its physical and social environments, helping people to support one another in aspects of daily life and to develop to their fullest potential. Park and Recreation Departments are at the center of healthy places designed and built to improve the quality of life for all people who live, work, learn, and play within their borders— where every person is free to make choices amid a variety of healthy, available, accessible, and affordable options. To show our commitment to community well-being and public health, The Florida Recreation and Park Association (FRPA) created the State of Health and Wellness Pledge. In working to meet the following standards, Park and Recreation agencies can take the lead in moving their community toward a better tomorrow. Programming/Policy Standard: Park and Recreation agency creates an environment of fitness, physical activity and fun while maintaining a safe and positive atmosphere. Out of School Time Program • A minimum of 30 minutes per day will be dedicated to outdoor, physical activity at before and after school care programs. ® A minimum of 60 minutes per day will be dedicated to outdoor, physical activity at full day or summer programs. • Daily physical activity time will include active, aerobic, age-appropriate bone and muscle strengthening and cardlo-respiratory fitness activities. • Structured and unstructured activities will be adaptable, accessible and inclusive of all youth, including those with physical, sensory and Intellectual disabilities. • A variety of physical activity options will be offered that are fun, recreational, life-long learning opportunities. • No more than 10% of program time will be used for "screen time (e.g. access to tv, movies or non -educational related computer devices.) • Staff will serve as role models for health by leading and participating in active play. • Staff will not use physical activity as a form of punishment. • Youth will participate in activity selection, organization and leadership and Incorporate child -directed free play. • Parent/family/community events will incorporate physical activity. • Annual budget will allow for high quality physical activity experiences. • Liability and risk management policies will enable staff to participate in physical activity with participants. • Equipment for games, sports and activities will be age and developmentally appropriate and will support cardio- respiratory and musculoskeletal fitness. • Safe and adequate indoor and outdoor facilities for physical activity will be provided. • The self-evaluation process will be ongoing and will include program improvement strategies for physical activity programming. • Health and wellness classes will be offered at affordable prices and at differing times of day. EducationlTraining Standard: Park and Recreation agency receives up to date training on safe, physical activity and trends in play. • Staff will receive a minimum of 8 contact hours annually of professional development on effective practices and strategies for planning all-inclusive physical activity. • Agency will create a staff policy to promote and encourage a physically active lifestyle. Partnerships Standard: Park and Recreation agency partners with local organizations to meet the physical activity needs in its community. • Agency will seek grant funding for programs. • Agency will partner with the Florida Department of Health local office. • Agency will be involved in the Community Health Improvement Plan in partnership with the Florida Department of Health local office. • Agency will be involved in Mobilizing Action through Planning Partnerships (MAPP). • Agency will encourage and assist local government(s) to apply for the Florida Department of Health's Healthy Weight Community Champion recognition program. • Agency will partner with local medical professionals, school boards, etc. to offer services and programs to the community. • Agency will partner with universities and/or colleges for research projects. • Agency will submit GIS Data including parks, centers and amenities to FRPA. • Other Community Standard: Park and Recreation agency works as a connector between the community and locally grown food needs. • A community garden program will be in place. • Agency will participate in the planning of access to public transportation stops, trails, greenways or sidewalks that connect residents to opportunities to purchase healthy food (including retailers, farmers markets and community gardens) easily and affordably. Programming/Policy Standard: Park and Recreation agency strives promote and provide healthy food options during leisure, recreation and out of school time. Out of School Time program • Each student will be provided with enough calories to avoid both hunger and over eating. • Choices will be offered and accommodations made for dietary restrictions related to allergy, food intolerance, religion and culture. • Food program in place aligns with the National Recreation and Park Association's (NRPA) Commit to Health or National Institute for Out of School Time's (NIOST) Healthy Eating and Physical Activity (HEPA) Standards. • Field trip leaders will be discouraged from using fast food as a meal choice. • Staff members will discuss the health benefits of snack or meal components with youth and will have a process in place for discussing inappropriate food choices with youth. • Healthy food will be served at parent events. • Families will receive guidelines about food and beverages that may be brought into the program by the family members or youth. • The Program's healthy eating practices and physical activity standards will be shared and discussed during parent/family /community meetings. Vendina/Concessions Healthy food and beverage options will be provided at city/county-sponsored events. 50% of concession foods will be low calorie: no more than 200 calories per label serving. • 50% of concession foods will be low sugar and not more than 35% total weight from sugars and caloric sweeteners. • All concession beverages will have fewer than 250 calories total and vegetable juice must contain less than 230 mg of sodium per serving. Agency will develop a plan to align outsourced concessions (ballflelds, aquatic centers, etc.) with the above objectives. Facili • Staff will not bring in/consume personal food or beverages in front of patrons/participants that would not align with nutritional standards. • Program managers and executives will support healthy eating through coaching, mentoring, and monitoring menu quality. • Food service at facility based events will align with NRPA's Commit to Health food guidelines. • Healthy food and beverage options will be provided at city/county owned facilities. Educotion/rraining Standard: Park and Recreation Agency is known for encouraging and teaching healthy eating habits. • Staff receive training on the role of healthy eating, physical activity, and social supports for healthy behaviors minimally once per year. • Evidence based nutrition education is available to parents and youth. • Provide nutrition classes and programs at little or no cost to community. Partnerships Standard: Park and Recreation agency partners with local organizations to become a voice of nutrition standards for the community. • Agency will partner with: o IFAS Extension Services community-based educational programs o Youth Sports Leagues and community-based organizations o Local grocers in underserved areas o Other Agency will seek grant funding for programs. Agency will partner with the Florida Department of Health local office. Agency will be involved in the Community Health Improvement Plan in partnership with the local health department. • Agency will be Involved in Mobilizing Action through Planning Partnerships (MAPP). Agency will encourage and assist local government(s) to apply for the Florida Department of Health's Healthy Weight Community Champion recognition program. • Agency will partner with accredited universities and/or colleges for research projects. On 1 � ZUi m the City/County ofthe undersigned pledges to positive) impact Community Health through the implementation of the above standards. De ment Director Cherry-uberman, Catherine From: Cherry-Guberman, Catherine Sent: Monday, May 01, 2017 11:44 AM To: Blackman, Amy; 'Brevda, Michael'; Casello, Joseph; Grant, Steven; 'Harris, Janet'; 'Iiams, Terry'; Katz, Justin; 'LaRiccia, Tony'; Majors, Wally; Rolle, Brenton; Romelus, Christina; 'Young, Jean' Subject: Minutes of the April 2017 SAB Minutes Attachments: 04-03-17SAB.pdf Greetings! The attached minutes are for your records. Best, The City of Boynton Beach Recreation & Parks Department Boynton Beach Senior Center Handbook Mission Statement: Recreation and parks enhances the quality of life and nurtures the health and well-being of our community, economy and environment. The professional staff of the Boynton Beach Recreation and Parks Department strives to meet the needs of the greater Boynton Beach area by offering high quality, diverse recreational opportunities that promote physical health, social well-being and a strong sense of community. The Boynton Beach Senior Center is committed to serving the residents of the City of Boynton Beach. We hope that you will find the Senior Center a friendly place where you come to recreate, socialize with others, access helpful services and find intellectual stimulation. Our Staff and volunteers are available to assist you at any time. The Boynton Beach Senior Center Code of Conduct was established to ensure a warm and supportive environment for all who participate and work at the center. We hope these guidelines will allow participants to feel at ease, create an enjoyable atmosphere for all, and protect the facility for the entire community. The Boynton Beach Senior Center is a recreational facility, offering programs for participants with the ability to maneuver independently through the facility and participate in activities. Participants must also be able to care for themselves while partaking in center programs. However, qualified participants with disabilities who require modifications or aids in order to move within the facility or participate in activities should speak with staff about accommodations. If a patron has a caregiver it is the expectation of the City of Boynton Beach that the caregiver remain on property with the patron and is responsible for their medicinal needs. Membership Fee: Residents that live within the specified boundaries of the City of Boynton Beach membership is FREE but must be renewed on an annual basis. Non-residents a pay yearly fee of $40. Membership Cards: All Senior Center participants must use their badges to gain entry into the Sr. Center, select the activities that they wish to participate and must wear their badges at all times while present inside the Senior Center. Card readers are located in the both the front and rear of the Senior Center. Patrons do not need swipe their card before leaving. The first card is free and any replacement card is subject to a charge of $5. Daily Fee for non-members: The daily fee for non-member is $2. Patrons will receive a temporary badge if they submit a either their driver's license or set of keys. Upon return of the badge their property will be returned to them. Patron Conduct Zero Tolerance Policy: The City of Boynton Beach does not permit the use of tobacco products, alcohol, drugs, fireworks, weapons (or threat of use). In addition, theft, destruction of property, or any violent or inappropriate activity of any kind will not be tolerated. Any violation may result in suspension of privileges and/or immediate dismissal from the program with no refund. This Code of Conduct will be in effect before, during and immediately after all City of Boynton Beach activities when on City controlled property or City of Boynton Beach sponsored trips. Definitions - For the purpose of the Code of Conduct, unless otherwise apparent from the context or defined elsewhere in the Code of Conduct, certain words and phrases used are defined as the following: "Activity" is defined as a specified form of action in the area of recreation. An Activity may include, but is not limited to, a class, program, social gathering, meal program, special event, training, or meeting. "Flagrant" is defined as extreme or deliberate violation of rules and regulations and/or discourteous unacceptable behavior. "Instructor" is defined as one who imparts knowledge or skill to another. "Staff" is defined as an authorized authority who supervises the facility, program or event. "Care Giver" is defined as legal guardian son/daughter, brother, sister or anyone representing that participant at the facility or sanctioned event. "Participant" is defined as one who takes part in an activity or program. "Volunteer" is defined as an individual, teacher, or other official who is giving their time and expertise, and acting in a non -paid capacity for the City of Boynton Beach. As members of the leisure community, patrons are expected to conduct themselves in an appropriate manner at all times while participating in programs and services provided or sponsored by the City of Boynton Beach Recreation & Parks Department. Acts of violence, misuse or abuse of the facility or equipment, or use of foul language or gestures will not be tolerated. The City of Boynton Beach Recreation & Parks Department reserves the right to remove patrons from facilities, programs and services via suspension periods determined by designated department staff representatives. It is the policy of the Recreation and Parks Department to practice appropriate measures when handling patron misconduct. In keeping with that policy, all groups and individuals are expected to adhere to the Boynton Beach Senior Center's Code of Conduct when participating in programs, taking advantage of services or otherwise using the facilities. The Department reserves the right to remove individuals from facilities or programs by assigning clearly stipulated periods of suspension. Violations Violations may include, but are not limited to: ➢ Activities that infringe on the rights of Senior Center participants or staff. ➢ Destruction of Senior Center materials, equipment, furniture and grounds. ➢ Inappropriate behavior or language that disturbs other participants. ➢ Inconsiderate or discourteous behavior toward Center participants or staff. ➢ Infractions against the Center's policies regarding loitering, sales or solicitation. ➢ Possession, use, or sale of alcohol or controlled substances. ➢ Racial, religious or sexual harassment of Center participants or staff. ➢ Vandalism or littering in the Center or on its grounds. ➢ Sharing or supplying of medication to anyone ➢ Violation of any federal, state, county or city laws and ordinances. ➢ Violation of smoking ordinances both inside and outside of the building. ➢ Failure to maintain personal cleanliness and good hygiene. 1. FIRST OFFENSE — GIVE VERBAL WARNING TO PARTICIPANTS A. Meet with participants to discuss conduct policy. B. Discuss inappropriate behavior and the violation(s) that occurred. C. Document the incident. D. Advise the violator that continued inappropriate behavior may result in suspension from programs. E. Failure to meet with the Supervisor concerning the behavior may result in suspension from program senior center for the period of 1 week. 2. SECOND OFFENSE — ADDRESS INCIDENT A. Meet with the participant to discuss the violation. B. Document the incident. C. Notify Recreation Superintendent of incident D. Possibly suspend the participant from the program for one or more weeks after determining the severity of the infraction. 3. THIRD OFFENSE — DOCUMENT TO PARTICIPANT A. Prepare an outline of circumstances, including Center terms or restrictions. B. Notify Recreation Superintendent of incident and intent to suspend or expel participant C. Notify participant of suspension period or decision to expel participant from program. 4. INCIDENTS OF IMMINENT DANGER A. Handle imminent danger to persons or property as a police matter. B. When appropriate call 9-911 to protect the safety of participants and staff at the Center. The City of Boynton Beach reserves the right to upgrade any violation upon discovery of additional information within a reasonable time frame that may include permanent suspension from the program. CITY OF BOYNTON BEACH SENIOR ADVISORY BOARD MEETING July 10, 2017 i° 2:00 P.M. SENIOR CENTER 1021 S. FEDERAL, Hwy BOYNTON BEACH, FL 33425 AGENDA. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ATTENDANCE IV. APPROVAL OF AGENDA 1. Additions, Deletions, Corrections 2. Adoption V. APPROVAL OF MINUTES (for April 3, 2017 meeting) VI. UNFINISHED BUSINESS A. Review Code of Conduct Handbook (members will receive it at sign up) B. Request for budget information of the Center C. Our Library combined to one location (some given to the Civic Center) D. Copies of full scale health agreement for this center from Brent E. Staff and Volunteers usage of cell phones for personal use (non -emergency) VII. NEW BUSINESS A. Have a picture shoot w/a photographer B. Also have a contest -members bring in old photos and an essay if they like C. Show and tell bring in old item to display and discuss at preset tables on a certain day D. From the Supervisor's Desk VIII. Amy Blackman —Q & A A. Any scheduled renovations IX. NEXT MEETING: Monday, October 2, 2017 X. ADJOURNMENT THE BOARD (COMMITTEE) MAY ONLY CONDUCT PUBLIC BUSINESS AFTER A QUORUM HAS BEEN ESTABLISHED. IF NO QUORUM IS ESTABLISHED WITHIN TWENTY MINUTES OF THE NOTICED START TIME OF THE MEETING THE CITY CLERK OR DESIGNEE WILL SO NOTE THE FAILURE TO ESTABLISH A QUORUM AND THE MEETING SHALL BE CONCULDED. BOARD MEMBERS MAY NOT PARTICIPATE FURTHER EVEN WHEN PURPORTEDLY ACTING IN AN INFORMAL CAPACITY. F A PERSON DECIDES TO APPEAL 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 PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) NOTICE IF A PERSON DECIDES TO APPEAL 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 PROCEEDING 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. €i Boynton Beach ircrf-.�6 Pay: fN.rv�mun! ACHIEVEMENT... A sense of COMMUNITY... CONSERVATION of our natural treasures... ECONOMIC DEVELOPMENT... Florida's FUTURE... Good HEALTH... Ties to our HERITAGE... Respect for NATURE... IT STARTS IN PARKS! PUBLIC ART FOR EAST WATER TREATMENT PLANT Pagel of 3 Chapter 2 ADMINISTRATION* ARTICLE IX. SENIOR ADVISORY BOARD See. 2-141. Creation. The city commission, in accordance with the powers vested in it, hereby creates and establishes a senior advisoryboard. All references to the elderly advisory board shall hereafter be construed to mean the senior advisory board. (Ord. No. 92-13, § 2, 6-2-92; Ord. No. 94-12, § 1, 6-7-94) Sec. 2-142. Duties. The senior advisory board shall act as a fact-finding and advisory board on the following issues and on such other issues as are, from time to time, designated by the city commission by resolution. [The advisory board shall] assist the elderly in: (1) Setting up a retired senior volunteer program known as RSVP to provide services for the homebound; (2) Seeking federal and state grants to provide for services; (3) Monitor and lobby for legislation regarding the elderly; (4) Make arrangements for the medical mobile unit already in operation in Palm Beach County to bring it to the City of Boynton Beach; (5) Provide a pamphlet of available programs for seniors; (6) Provide a speakers bureau, workshops and educational meetings on topics of interest for seniors; (7) Recommend free legal programs and banking services for the homebound; (8) Provide recreation and social programs. (Ord. No. 92-13, § 3, 6-2-92; Ord. No. 94-12, § 1, 6-7-94) Sec. 2-143. Recommendations of board. The board shall periodically advise the city commission of its findings with respect to the foregoing issues and shall make recommendations to the city commission on any matter referred to it within thirty (30) days or within such time as prescribed by the city commission by specific resolution. http://www.amlegal.cominxtlgateway.dll/FloridalBovnton%20Be.gr.hlm.gi Onniolnba"i-Avnn '711 innrn Page 2 of 3 (Ord. No. 92-13, § 4, 6-2-92) Sec. 2-144. Organization. (a) The senior advisory board shall be comprised of seven (7) permanent members and two (2) alternate members, all to be appointed by the city commission. Of the members so appointed, four (4) shall be for a term of three (3) years, three (3) shall be for a term of two (2) years. Their successors shall be appointed for a term of two (2) years. Alternate members shall be appointed for a period of one (1) year. (b) Any member failing to attend three (3) meetings shall be notified that one additional absence shall automatically forfeit his or her appointment to that board. (c) Any member of the board may be removed for cause in accordance with state law. The city commission shall promptly fill any vacancy. (d) At the organizational meeting of the board a chairperson and vice -chairperson shall be selected by majority vote of the board. The chairperson and vice -chairperson shall be selected annually at the May meeting of the board. (Ord. No. 92-13, § 5, 6-2-92; Ord. No. 94-12, § 1, 6-7-94) See. 2-145. Meetings. The board shall meet quarterly on an "as needed" basis for the transaction of business. Its meetings shall be open to the public. The board may establish its own meeting rules and procedures for the conduct of its business. Four (4) members shall constitute a quorum. (Ord. No. 92-13, §6, 6-2-92; Ord. No. 01-12, § 2, 3-6-01) Sec. 2-146. Qualification. The members of the senior advisory board shall be residents of the City of Boynton Beach, Florida. (Ord. No. 92-13, § 7, 6-2-92; Ord. No. 94-12, § 1, 6-7-94) Sec. 2-147. Powers. Nothing in this article shall be construed as restricting or curtailing any of the powers of the city commission, or as a delegation to the board of any of the authority or discretionary powers vested and imposed by law in the city commission. The city commission declares that public interest, convenience and welfare required the appointment of the board to act in a purely advisory capacity to the city commission for the purposes set forth in this article. Any powers delegated here to the board to adopt rules and regulations shall not be construed as a delegation of legislative authority, but purely a delegation of administrative authority. (Ord. No. 92-13, § 8, 6-2-92) Sec. 2-148-2-150. Reserved. Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the http://www.amlegal.cominxtlgateway.dlllFloridalBoynton%20Beachlmain000191chapter00... 7/1/2003 Page 3 of 3 definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. ® 2002 American Legal Publishing Corporation techsuonortiMamleaal com 1.800.445.5588. http://www.amlegal.com/nxt/gateway.dll/Florida/Bovnton%20Beach/mainOOOI Q/i-.ha„tPrnn 7/1 /11nnl) Boynton Beach Senior Center Highlights (April — June) /11 & 6/13 Delray Medical Bloodwork Estimate number of participants was 50 for each day. 4/19 Green Cay Field Trip attendees 24 We have a lovely senior volunteer named Pat who works at the Green Cay nature center. She and Gigi worked on setting this outing up. We did sell this trip out. This was also a hand on presentation. Pat our volunteer donated bird houses that the seniors were able to paint and decorate and take home with them. Catherine was able to negotiate an inexpensive lunch that they brought with them for the seniors to eat while they were doing their painting and decorating. They had a guide give us a visual presentation on what the Green Cay Nature Center is all about. This was a fantastic day trip! They learned a lot. 4/28 Volunteer Breakfast Senior Center Staff hosted The Annual Volunteer appreciation breakfast complete with catering by Culinary Solutions. All eligible and available volunteers were provided with a health and hearty breakfast and a small gift as a token of our gratitude. The volunteer of the year was awarded to Pat Torso 5/2 The Art of Music Therapy 10 attendees This was a presentation by Bree Beynon, MT -BC and Board Certified Music Therapist. This was incorporated with our Sing -A -Long Class. Ms. Beynon brought musical instruments for the seniors to use to unleash their natural born rhythm and suggests our brain "responds to music in profound ways". The seniors enjoyed this class and suggested doing it again. 5/4 Senior Center Fashion Show 12 models 20 attendees (Sponsored by Silhouettes Consignment Shop) The Fashion Show Fashion Show used Senior Center members and included a field trip with the models to Silhouettes Consignment Shop - to shop, try on the clothes and giggle. We had 10 female models 2 male models and Joann Levy volunteered to help Gigi and Catherine configure the show. We had lunch after the show for the participants. All the models would like to do this annually. Budget Information for the Boynton Beach Senior Center • All Recreation Centers have 2 main operating budgets: General Fund and Revenue Fund • General Fund Budget: This budget covers everything from Business Meetings, Electric, Water & Sewer, Equipment Maintenance Operating Equipment to Other Contractual Services necessary for the operation and maintenance of the facility • General Funds are governed by the Administration & Finance Departments of the COBB • Revenue Fund Budget: This budget covers the direct cost for programs and program needs of the facility such as printing needs, Instructor Fees, Other Contractual Services and Program Supplies for all events. • Each facility submits a yearly budget projection of their expected revenue and their expected expenses • Each facility is expected to be self-sustaining and reach their projected revenue • The sources of revenue for the senior center include all classes, sponsorships, membership fees and cafe sales and revenue from parties. • Each supervisor is directly responsible for the revenue fund and being good steward of the usage of all funds • The budget is for the fiscal year October 1 to September 30 and reviewed as needed by supervisors for accuracy and appropriate spending • All program supplies, instructor agreements and other contractual services are at the discretion of the facility supervisor and taken into account when planning for the new budget year. That budget is then submitted to the Recreation Leadership Team for review. • In February of each year the new budget is submitted, reviewed, voted on and ultimately ratified for the coming year 7 REGULARS & 2 ALTERNATES Established per Ordinance No. 92-13 Staggered Two-year Terms for Regular Members Name changed per Ordinance No. 94-12 One-year Terms for Alternate Members 2017 MEMBER EXPIRES PHONE PROFESSION BIONTA, Marsha 12/18 484-602-3277 Retail Theft 8276 Bermuda Sound Way Appt'd 04/29/16 33436 HARRIS, Janet - Chair 12/18 779-9959 Retired 7 Eaton Place (33426) Appt'd 11/5/13 JanetRHarris0l(�byahoo.com IIAMS, Terry - Vice Chair 12/17 436-9165 Administrator 656 NW 1St Avenue (33426) Appt'd 2/16/16 vitaeser0bellsouth.net NEWTON, Margaret 701 NW 4th St.(33435) 12/18 Appt'd 5/2/217 595-315-9595 kipsaigi(cbaol.com Teacher & Suprvr. RICHARDSON, Andrew 301 SE 12th Ave. Apt. 2 (33435) 12/18 Appt'd 4/19/16 561-414-4210 Printer YOUNG, Jean 116 SE 13th Ave (33435) 12/18 Appt'd 7/21/09 246-9232 J_eanYoung001C&bellsouth.com Retired BREVDA, Michael 3635 Jamestown Lane (33435) 12/17 Appt'd 9/8/16 954-261-4955 mjb(&DCWLaw.com Attorney ALTERNATES: OPEN 12/17 OPEN 12/17 CITY EMPLOYEE REPRESENTATIVE: Brent Rolle— Recreation Supervisor Updated: 05/8/2017 S:\CC\WP\BOARDS\LISTS\2017 Board Lists\SENIOR ADV BD.doc City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 Office (561) 742-6090 Fax E-mail: cityclerk(ftWus www.boynton-beach.org TO: Advisory Board Members FROM: Judith A. Pyle, CMC f City Clerk V DATE: July 3, 2017 SUBJECT: Ethics Training The City Commission adopted Ordinance No. 10-021, which describes the "Code of Ethics" for the City of Boynton Beach. This Ordinance incorporates by reference the Palm Beach County Code of Ethics into the City's Code of Ordinances. In conjunction with the adoption of the Ordinance, all City of Boynton Beach elected officials, employees and advisory board members are required to participate in this training. Training can be completed online by using the link below: http: / /www.palmbeachcountyethics.com/training.htm Or go to: Code of Ethics Training Video on YouTube Training acknowledgement form must be signed and returned to the City Clerk's Office. Email: cityclerk@.bbfl.us Fax: 561-742-6090 Mail: City Clerk's Office 100 E Boynton Beach Blvd Boynton Beach FI 33435 US Honesty - Integrity - Character Legal Name: PALM BEACH COUNTY CODE OF ETHICS TRAINING ACKNOWLEDGEMENT Employee Identification Number: Agency/Municipality: Dept/Board: (Please print clearly) By signing this acknowledgement, I am attesting that I have done the following: [ ] Read the Palm Beach o nty Bode of Ethics 0rd1ngnqgL ttl Clic to foilo fl _ Wr Have completed additional training by viewing one of the following: [ ] The Code of Ethics Training Program on the )ti petiinter . (Ctrl+Click to follow link) [ ] The Code of Ethics Training Program on ou . (Ctrl+Cllck to follow link) [ ] The Code of Ethics Training Program on DVD. [ ] A live presentation given on , 20_ I understand that I am responsible for understanding and abiding by the Palm Beach County Code of Ethics as I conduct my assigned duties during my term of employment. I also understand that the information in this policy is subject to change. Policy changes will be communicated to me by my supervisor or through official notices. (Legal Signature) (Date) Advisory Board Members:Submit signed forms to Appropriate Advisory Board Representative PLEASE SUBMIT THIS FORM TO APROPRIATE PARTY AS HIGHLIGHTED ABOVE PLEASE DO NOT SUBMITT I FORM TO THE I II ETHICS 300 North Dixie Highway, Suite 450, West Palm Beach, FL 33401 PHONE: 561.355-1915 FAX: 561.355-1904 Hotline: 877.766.5920 E-mail: ethics@palmbeachcountyethics.com Website: w anai ibea bcou t.:hi o ;Rev. 01/ZO17 Code of Ethics (Effective Date June 1, 2011) Sec. 2-441. Title; statement of purpose. This article shall be known as the Palm Beach County Code of Ethics. This code of ethics is enacted pursuant to Florida Constitution, Article VIII, section 1(g), Florida Statutes, ch. 125, and the Charter of Palm Beach County. The Municipalities located within Palm Beach County are subject to the provisions of this code of ethics pursuant to referendum. The purpose of this code is to provide additional and more stringent ethics standards as authorized by Florida Statutes, § 112,326. This code shall not be construed to authorize or permit any conduct or activity that is in violation of Florida Statutes, ch. 112, pt. III. This code of ethics shall be deemed additional and supplemental to any and all state and federal laws governing ethical conduct of officials and employees, as well as all local laws, rules, regulations and policies. Officials and employees in the public service shall be conscious that public service is a public trust, shall be impartial and devoted to the best interests of the people of Palm Beach County, and shall act and conduct themselves so as not to give occasion for distrust of their impartiality. Nothing herein shall abridge employees' constitutional right to collective bargaining. (Ord. No. 2011-011, § 1(Exh. 1), 5-17-11) Sec. 2-442. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory board shall mean any advisory or quasi-judicial board created by the board of county commissioners, by the local municipal governing bodies, or by the mayors who serve as chief executive officers or by mayors who are not members of local municipal governing bodies. Customer or client means any person or entity to which an official or employee's outside employer or business has supplied goods or services during the previous twenty-four (24) months, having, in the aggregate, a value greater than ten thousand dollars ($10,000). Domestic partner is an adult, unrelated by blood, with whom an unmarried or separated official or employee has an exclusive committed relationship and maintains a mutual residence. Financial benefit includes any money, service, license, permit, contract, authorization, loan, travel, entertainment, hospitality, gratuity, or any promise of any of these, or anything else of value. This term does not include campaign contributions authorized by law. Household member includes anyone whose primary residence is in the official or employee's home, including non -relatives who are not rent payers or employees of the head of the household. Inspector general shall mean the office established in article XII of this chapter. Lobbying shall mean seeking to influence a decision through oral or written communication or an attempt to obtain the goodwill ofany county commissioner, any member of a local municipal governing body, any mayor or chief executive officer that is not a member of a local municipal governing body, any advisory board member, or Page 1 of 12 any employee with respect to the passage, defeat or modification of any item which may foreseeably be presented for consideration to the advisory board, the board of county commissioners, or the local municipal governing body lobbied as applicable. Lobbyist shall mean any person who is employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying on behalf of a principal, and shall include an employee whose principal responsibility to the employer is overseeing the employer's various relationships with government or representing the employer in its contacts with government. "Lobbyist" shall not include: (1) Any employee, contract employee, or independent contractor of a governmental agency or entity lobbying on behalf of that agency or entity, any elected local official when the official is lobbying on behalf of the governmental agency or entity which the official serves, or any member of the official's staff when such staff member is lobbying on an occasional basis on behalf of the governmental agency or entity by which the staff member is employed. (2) Any person who is retained or employed for the purpose of representing an employer, principal or client only during a publicly noticed quasi-judicial hearing or comprehensive plan hearing, provided the person identifies the employer, principal or client at the hearing. (3) Any expert witness who is retained or employed by an employer, principal or client to provide only scientific, technical or other specialized information provided in agenda materials or testimony only in public hearings, so long as the expert identifies the employer, principal or client at the hearing. (4) Any person who lobbies only in his or her individual capacity for the purpose of self -representation and without compensation. (5) Any employee, contract employee, or independent contractor of the Palm Beach County League of Cities, Inc., lobbying on behalf of that entity. Official or employee means any official or employee of the county or the municipalities located within the county, whether paid or unpaid. The term "employee" includes but is not limited to all managers, department heads and personnel of the county or the municipalities located within the county. The term also includes contract personnel and contract administrators performing a government function, and chief executive officer who is not part of the local governing body. The term "official" shall mean members of the board of county commissioners, a mayor, members of local municipal governing bodies, and members appointed by the board of county commissioners, members of local municipal governing bodies or mayors or chief executive officers that are not members of local municipal governing body, as applicable, to serve on any advisory, quasi judicial, or any other board of the county, state, or any other regional, local, municipal, or corporate entity. Outside employer or business includes: (1) Any entity, other than the county, the state, or any other federal, regional, local, or municipal government entity, of which the official or employee is a member, official, director, proprietor, partner, or employee, and from which he or she receives compensation for services rendered or goods sold or produced. For purposes of this definition, "compensation" does not include reimbursement for necessary expenses, including travel expenses; or (2) Any entity located in the county or 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 purposes of this definition, Page 2 of 12 an "ownership interest" shall mean at least five (5) percent of the total assets or common stock owned by the official or employee or any combination of the official or 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. (3) the term outside employer or business shall not apply to an employee who is employed by a certified bargaining agent solely to represent employees. Palm Beach County Commission on Ethics means the commission established in section 2-254 et seq. to administer and enforce the ethics regulations set forth herein, and may also be referred to as the "commission on ethics" in this article. Persons and entities shall be defined to include all natural persons, firms, associations, joint ventures, partnerships, estates, trusts, business entities, syndicates, fiduciaries, corporations, and all other organizations. Relative unless otherwise specified in this article, means an individual who is related to an official or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter,stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, person who is engaged to be married to the official or employee or who otherwise holds himself or herself out as or is generally known as the person whom the official or employee intends to marry or with whom the official or employee intends to form a household, or any other natural person having the same legal residence as the official or employee. Transaction shall refer to the purchase or sale by the county or municipality of goods or services for a consideration. Vendor means any person or entity who has a pending bid proposal, an offer or request to sell goods or services, sell or lease real or personal property, or who currently sells goods or services, or sells or leases real or personal property, to the county or municipality involved in the subject contract or transaction as applicable. For the purposes of this definition a vendor entity includes an owner, director, manager or employee. (Ord. No. 2011-011, § 1(Exh. 1), 5-17-11) Sec. 2-443. Prohibited conduct. (a) Misuse of public office or employment. An official or employee shall not use his or her official position or office, or take or fail to take any action, or influence others to take or fail to take any action, in a manner which he or she knows or should know with the exercise of reasonable care will result in a special financial benefit, not shared with similarly situated members of the general public, for any of the following persons or entities: (1) Himself or herself; (2) His or her spouse or domestic partner, household member or persons claimed as dependents on the official or employee's latest individual federal income tax return, or the employer or business of any of these people; Page 3 of 12 (3) A sibling or step -sibling, child or step -child, parent or step-parent, niece or nephew, uncle or aunt, or grandparent or grandchild of either himself or herself, or of his or her spouse or domestic partner, or the employer or business of any of these people; (4) An outside employer or business of his or hers, or of his or her spouse or domestic partner, or someone who is known to such official or employee to work for such outside employer or business; (5) A customer or client of the official or employee's outside employer or business; (6) A substantial debtor or creditor of his or hers, or of his or her spouse or domestic partner— "substantial" for these purposes shall mean at least ten thousand dollars ($10,000) and shall not include forms of indebtedness, such as a mortgage and note, or a loan between the official or employee and a financial institution; (7) A civic group, union, social, charitable, or religious organization, or other not for profit organization of which he or she (or his or her spouse or domestic partner) is an officer or director. (b) Corrupt misuse of official position. An official or employee shall not use his or her official position or office, or any property or resource which may be within his or her trust, to corruptly secure or attempt to secure a special privilege, benefit, or exemption for himself, herself, or others. For the purposes of this subsection, "corruptly" means done with a wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for, any benefit resulting from some act or omission of an official or employee which is inconsistent with the proper performance of his or her public duties. (c) Disclosure of voting conflicts. County and municipal officials as applicable shall abstain from voting and not participate in any matter that will result in a special financial benefit as set forth in subsections (a)(1) through (7) above. The official shall publicly disclose the nature of the conflict and when abstaining from the vote, shall complete and file a State of Florida Commission on Ethics Conflict Form 8B pursuant to the requirements of Florida Statutes, § 112.3143. Simultaneously with filing Form 8B, the official shall submit a copy of the completed form to the county commission on ethics. Officials who abstain and disclose a voting conflict as set forth herein, shall not be in violation of subsection (a), provided the official does not otherwise use his or her office to take or fail to take any action, or influence others to take or fail to take any action, in any other manner which he or she knows or should know with the exercise of reasonable care will result in a special financial benefit, not shared with similarly situated members of the general public, as set forth in subsections (a)(1) through (7). (d) Contractual relationships. No official or employee shall enter into any contract or other transaction for goods or services with their respective county or municipality. This prohibition extends to all contracts or transactions between the county or municipality as applicable or any person, agency or entity acting for the county or municipality as applicable, and the official or employee, directly or indirectly, or the official or employee's outside employer or business. Any such contract, agreement, or business arrangement entered into in violation of this subsection may be rescinded or declared void by the board of county commissioners pursuant to section 2-448(c) or by the local municipal governing body pursuant to local ordinance as applicable. This prohibition shall not apply to employees who enter into contracts with Palm Beach County or a municipality as part of their official duties with the county or that municipality. This prohibition also shall not apply to officials or employees who purchase goods from the county or municipality on the same terms available to all members of the public. This prohibition shall also not apply to advisory board members provided the subject contract or transaction is disclosed at a duly noticed Page 4 of 12 public meeting of the governing body and the advisory board member's board provides no regulation, oversight, management, or policy -setting recommendations regarding the subject contract or transaction. (e) Exceptions and waiver. The requirements of subsection (d) above may be waived as it pertains to advisory board members where the advisory board member's board is purely advisory and provides regulation, oversight, management, or policy -setting recommendations regarding the subject contract or transaction. No waiver shall be allowed where the advisory board member's board is not purely advisory and provides regulation, oversight, management, or policy -setting recommendations regarding the subject contract or transaction. Waiver may be effected by the board of county commissioners or by the local municipal governing body as applicable upon full disclosure of the contract or transaction prior to the waiver and an affirmative vote of a majority plus one (1) of the total membership of the board of county commissioners or the local municipal governing body as applicable. In instances in which appointment to the advisory board is made by an individual, waiver may be effected, after full disclosure of the contract or transaction at a public hearing, by the appointing person. In addition, no official or employee shall be held in violation of subsection (d) if: (1) The business is awarded under a system of sealed, competitive bidding to the lowest bidder and: a. The official or employee or member of his or her household has in no way participated in the determination of the bid specifications or the determination of the lowest bidder; b. The official or employee or member of his or her household has in no way used or attempted to use the official or employee's influence to persuade the agency, governmental entity or any personnel thereof to enter such a contract other than by the mere submission of the bid; and c. The official or employee, prior to or at the time of the submission of the bid, has filed a statement with the supervisor of elections and the commission on ethics, disclosing the nature of the interest in the outside employer or business submitting the bid. (2) An emergency purchase or contract which would otherwise violate a provision of subsection (d) must be made in order to protect the health, safety, or welfare of the citizens of the county or municipality as applicable. (3) The outside employer or business involved is the only source of supply within the county or municipality as applicable and there is full disclosure by the official or employee of his or her interest in the outside employer or business to the county or municipality as applicable and the ethics commission prior to the purchase, rental, sale, leasing, or other business being transacted. (4) The total amount of the contracts or transactions in the aggregate between the outside employer or business and the county or municipality as applicable does not exceed five hundred dollars ($500) per calendar year. (5) Notwithstanding any provision to the contrary, subsection (d) shall not be construed to prevent an employee from seeking part-time employment with an outside employer who has entered into a contract for goods or services with the county or municipality as applicable provided that: a. The employee or relative of the employee does not work in the county or municipal department as applicable which will enforce, oversee or administer the subject contract; and b. The outside employment would not interfere with or otherwise impair his or her independence of judgment or otherwise interfere with the full and faithful performance of his or her public duties to the county or municipality as applicable; and Page 5 of 12 c. The employee or relative of the employee has not participated in determining the subject contract requirements or awarding the contract; and d. The employee's job responsibilities and job description will not require him or her to be involved in the outside employer's contract in any way including, but not limited to, its enforcement, oversight, administration, amendment, extension, termination or forbearance; and e. The employee demonstrates compliance with applicable merit rules regarding outside employment and obtains written permission from his or her supervisor; and f. The employee has obtained a conflict of interest waiver from the chief administrative officer and the employee's department head of the county or municipality based on a finding that no conflict exists. The employee shall submit the request for waiver in writing and under oath. The request for the waiver shall be signed by the employee under oath or affirmation on an approved form provided by the commission on ethics. The document shall contain written acknowledgment of compliance with the provisions of subsection (5)a. through (5)e. of this subsection, together with such pertinent facts and relevant documents that support such waiver. A waiver under this subsection must be approved by both the employee's supervisor and chief administrative officer of the county or municipality. The county or municipality shall record such waiver in the employee's personnel file and shall submit a copy of the waiver and all related documents to the commission on ethics. The commission on ethics in its discretion may elect to review, comment on, or investigate any waiver. The commission on ethics review or investigation shall not delay an employee's ability to take the part time employment. g. Official law enforcement overtime or extra duty details. The provisions of subsection (d) shall be waived for outside employment when that employment consists of a certified police agency uniformed external security or extra duty detail, contracted or administered by the police agency as applicable. For the purpose of this subsection, all records of external, extra duty or overtime security details, including supervisor approval, identity of contracting parties, and including time, date and manner of detail shall be maintained by the individual contracting or administrating police agency, records of which shall be accessible to the public subject to state public records disclosure exemptions. (f) Accepting travel expenses. No official or employee shall accept, directly or indirectly, any travel expenses including, but not limited to, transportation, lodging, meals, registration fees and incidentals from any county or municipal contractor, vendor, service provider, bidder or proposer as applicable. The board of county commissioners or local municipal governing body as applicable may waive the requirements of this subsection by a majority vote of the board or local municipal governing body. The provisions of this subsection shall not apply to travel expenses paid by other governmental entities or by organizations of which the county or municipality as applicable is a member if the travel is related to that membership. (g) Contingent fee prohibition. No person shall, in whole or in part, pay, give or agree to pay or give a contingency fee to another person. No person shall, in whole or in part, receive or agree to receive a contingency fee. As used herein, "contingency fee" means a fee, bonus, commission, or nonmonetary benefit as compensation which is dependent on or in any way contingent on the passage, defeat, or modification of: an ordinance, resolution, action or decision of the board of county commissioners or local municipal governing body as applicable, any employee authorized to act on behalf of the board of county Page 6 of 12 commissioners or local municipal governing body as applicable, the county administrator or municipal administrator as applicable, or any action or decision of an advisory board or committee. This prohibition does not apply to real estate brokers when acting in the course of their profession as regulated by Florida Statutes, §§ 475.001-475.5018, as may be amended. Nothing in this section may be construed to prohibit any salesperson from engaging in legitimate government business on behalf of a company from receiving compensation or commission as part of a bona fide contractual arrangement with that company provided such compensation or commission is ordinary and customary in the industry. Nothing in this section may be construed to prohibit an attorney from representing a client in a judicial proceeding or formal administrative hearing pursuant to a contingent fee arrangement. (h) Honesty in applications for positions. No person seeking to become an official or employee, or seeking to enter into a contract to provide goods or services to the county or municipality as applicable, may make any false statement, submit any false document, or knowingly withhold information about wrongdoing in connection with employment by or services to the county or municipality as applicable. (i) Disclosure or use of certain information. A current or former official or employee shall not disclose or use information not available to members of the general public and gained by reason of his or her official position, except for information relating exclusively to governmental practices, for his or her personal gain or benefit or for the personal gain or benefit of any other person. (Ord. No. 2011-011, § 1(Exh. 1), 5--17-11) Sec. 2-444. Gift law. (a) (1) No county commissioner, member of a local governing body, mayor or chief executive when not a member of the governing body, or employee, or any other person or business entity on his or her behalf, shall knowingly solicit or accept directly or indirectly, any gift with a value of greater than one hundred dollars ($100) in the aggregate for the calendar year from any person or business entity that the recipient knows, or should know with the exercise of reasonable care, is a vendor, lobbyist or any principal or employer of a lobbyist who lobbies, sells or leases to the county or municipality as applicable. (2) No vendor, lobbyist, or principal or employer of a lobbyist that lobbies the county or a municipality shall knowingly give, directly or indirectly, any gift with a value greater than one hundred dollars ($100) in the aggregate for the calendar year to a person who the vendor, lobbyist, or principal knows is an official or employee of that county or municipality, For the purposes of this subsection (a)(2), the term vendor also includes any person or entity that, because of the nature of their business, may respond to an invitation to bid, request for proposal or other procurement opportunity that has been published by the county or a municipality. (b) (1) No advisory board member, or any other person on his or her behalf, shall knowingly solicit or accept directly or indirectly, any gift with a value of greater than one hundred dollars ($100) in the aggregate for the calendar year from any vendor, lobbyist, or any principal or employer of a lobbyist, who lobbies the recipient's advisory board, or any county or municipal department as applicable that is subject in any way to the advisory board's authority, influence or advice. (2) No vendor, lobbyist, or principal or employer of a lobbyist who lobbies an advisory board or any county or municipal department that is subject in any way to the advisory board's authority, influence Page 7 of 12 or advice, shall knowingly give, directly or indirectly, any gift with a value greater than one hundred dollars ($100) in the aggregate for the calendar year to a person who the vendor, lobbyist, or principal knows is a member of that advisory board. For the purposes of this subsection (b)(2), the term vendor also includes any person or entity that, because of the nature of their business, may respond to an invitation to bid, request for proposal or other procurement opportunity that has been published by the county or a municipality. (c) No county commissioner, member of a local governing body, mayor or chief executive officer when not a member of the governing body, or employee, or any other person or business entity on his or her behalf, shall knowingly solicit a gift of any value from any person or business entity that the recipient knows is a vendor, lobbyist or any principal or employer of a lobbyist where the gift is for the personal benefit of the official or employee, another official or employee, or any relative or household member of the official or employee. No advisory board member or any other person or business entity on his or her behalf, shall knowingly solicit a gift of any value from any person or business entity that the recipient knows is a vendor, lobbyist or any principal or employer of a lobbyist who lobbies the recipient's advisory board, or any county or municipal department as applicable that is subject in any way to the advisory board's authority, influence or advice, where the gift is for the personal benefit of the advisory board member, another advisory board member, or an official, or any relative or household member of the official or employee. (d) For purposes of this section, a principal or employer of a lobbyist shall include any officer, partner or director of the principal or employer entity, or any employee of a principal or employer who is not an officer, partner or director, provided that the employee knows or should know with the exercise of reasonable care that the principal or employer employs a lobbyist. (e) No person or entity shall offer, give, or agree to give an official or employee a gift, and no official or employee shall accept or agree to accept a gift from a person or entity, because of: (1) An official public action taken or to be taken, or which could be taken; (2) A legal duty performed or to be performed or which could be performed; or (3) A legal duty violated or to be violated, or which could be violated by any official or employee. (f) Gift reports. Any official or employee who receives a gift in excess of one hundred dollars ($100) shall report that gift in accordance with this section. (1) Gift reports for officials and employees identified by state law as reporting individuals. Those persons required to report gifts pursuant to state law shall report those gifts in the manner provided by Florida Statutes, § 112.3148, as may be amended. A copy of each report shall be filed with the county commission on ethics. (2) All other officials and employees who are not reporting individuals under state law. a. Personal gifts. All officials and employees who are not reporting individuals under state law are not required to report gifts in excess of one hundred dollars ($100) so long as those gifts are given to the official or employee by a personal friend or co-worker and the circumstances demonstrate that the motivation for the gift was the personal or social relationship rather than an attempt to obtain the goodwill or otherwise influence the official or employee in the performance of his or her official duties. Factors to be considered in determining whether a gift was motivated by a personal or social relationship may include but shall not be limited to: Page 8 of 12 whether the relationship began before or after the official or employee obtained his or her office or position; the prior history of gift giving between the individuals; whether the gift was given in connection with a holiday or other special occasion; whether the donor personally paid for the gift or sought a tax deduction or business reimbursement; and whether the donor gave similar gifts to other officials or employees at or near the same time. If the personal friend or co-worker is a vendor, lobbyist or principal or employer of a lobbyist that lobbies the county or municipality as applicable, then the official or employee shall not accept a gift in excess of one hundred dollars ($100) in accordance with subsections (a)(1) and (b)(1). b. All other gifts. All officials or employees who are not reporting individuals under state law and who receive any gift in excess of one hundred dollars ($100), which is not otherwise excluded or prohibited pursuant to this subsection, shall complete and submit an annual gift disclosure report with the county commission on ethics no later than November 1 of each year beginning November 1, 2011, for the period ending September 30 of each year. All officials or employees who are not reporting individuals under state law and who do not receive a gift in excess of one hundred dollars ($100) during a given reporting period shall not file an annual gift disclosure report. The annual gift disclosure report shall be created by the county commission on ethics and shall be in a form substantially similar in content as that required by state law. (g) For the purposes of this section, "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. Food and beverages consumed at a single setting or a meal shall be considered a single gift, and the value of the food and beverage provided at that sitting or meal shall be considered the value of the gift. In determining the value of the gift, the recipient of the gift may consult, among other sources, Florida Statutes, § 112.3148, and the Florida Administrative Code as may be amended. (1) Exceptions. The provisions of subsection (g) shall not apply to: a. Political contributions specifically authorized by state or federal law; b. Gifts from relatives, domestic partners, and dependents named on the official's or employee's latest federal income tax return, or one's household member; c. Awards for professional or civic achievement; d. Materials such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature; e. Gifts solicited or accepted by county or municipal officials or employees as applicable on behalf of the county or municipality in performance of their official duties for use solely by the county or municipality for a public purpose; f. Publicly advertised offers for goods or services from a vendor under the same terms and conditions as are offered or made available to the general public; g. Inheritance or other devise; h. Registration fees and other related costs associated with educational or governmental conferences, meetings or seminars and travel expenses either properly waived or inapplicable pursuant to section 2-443(f), provided that attendance is for governmental purposes, and Page 9 of 12 attendance is related to their duties and responsibilities as an official or employee of the county or municipality; A ticket, pass or admission in connection with public events, appearances or ceremonies related to official county or municipal business, if furnished by a nonprofit sponsor organization of such public event, or if furnished pursuant to a contract between the event's non-profit sponsor and the county or municipality as applicable, provided the sponsor organization does not employ a lobbyist, and further provided the ticket, pass or admission is given by a representative of the sponsor organization who is not otherwise a vendor, lobbyist, principal or employer of a lobbyist. Notwithstanding the exception as provided in this subsection, the ticket, pass or admission must be disclosed in accordance with the gift law reporting requirements of subsections (f)(1) and (f)(2); Expenditures made in connection with an event sponsored by a nonprofit organization funded in whole or in part with public funds whose primary function is to encourage and attract tourism or other business opportunities for the benefit of Palm Beach County or the municipalities as applicable, provided the sponsor organization does not employ a lobbyist, and further provided that the invitation to the event is made by a representative of the sponsor organization and the representative is not otherwise a vendor, lobbyist, principal or employer of a lobbyist. Notwithstanding the exception as provided in this subsection, the expenditure must be disclosed in accordance with the gift law reporting requirements of subsections (f)(1) and (f)(2). (h) Solicitation of contributions on behalf of a non-profit charitable organization. (1) Notwithstanding the prohibition on gifts as outlined in subsections (a) and (b), the solicitation of funds by a county or municipal official or employee for a non-profit charitable organization, as defined under the Internal Revenue Code, is permissible so long as there is no quid pro quo or other special consideration, including any direct or indirect special financial benefit to the official or employee or to the person or entity being solicited. The solicitation by an official or employee as contemplated herein, is expressly prohibited if made to any person or entity with a pending application for approval or award of any nature before the county or municipality as applicable. (2) To promote the full and complete transparency of any such solicitation, officials and employees shall disclose, on a form provided by the commission on ethics, the name of the charitable organization, the event for which the funds were solicited, the name of any person or entity that was contacted regarding a solicitation or pledge by the official or employee, and the amount of the funds solicited or pledged if known. The form shall be completed legibly and shall be filed with the commission on ethics. The form shall be filed within thirty (30) days from the occurrence of the event for which the solicitation was made, or if no event, within thirty (30) days from the occurrence of the solicitation. (3) Officials and employees may not use county or municipal staff or other county or municipal resources in the solicitation of charitable contributions described in this subsection. (Ord. No. 2011-011, § 1(Exh. 1), 5-17-11) Page 10 of 12 Sec. 2-445. Anti -nepotism law. An official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement in or to a position in the county or municipality as applicable in which the official is serving or over which the official exercises jurisdiction or control, any individual who is a relative or domestic partner of the official. An individual may not be appointed, employed, promoted, or advanced in or to a position in the county or a municipality if such appointment, employment, promotion, or advancement has been advocated by an official, serving in or exercising jurisdiction or control over the county or municipality as appropriate, who is a relative or domestic partner of the individual or if such appointment, employment, promotion, or advancement is made by a collegial body of which a relative or domestic partner of the individual is a member. However, this section shall not apply to appointments to boards other than those with land -planning or zoning responsibilities in those municipalities with less than thirty-five thousand (35,000) population. This section does not apply to persons serving in a volunteer capacity who provide emergency medical, firefighting, or police services. Such persons may receive, without losing their volunteer status, reimbursements for the costs of any training they get relating to the provision of volunteer emergency medical, firefighting, or police services and payment for any incidental expenses relating to those services that they provide. Mere approval of budgets shall not be sufficient to constitute "jurisdiction or control" for the purposes of this section. (1) For the purposes of this section, 'official" means any official or employee in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in the county or municipality as applicable. (2) For the purposes of this section, "relative means spouse, parent, child, sibling, uncle, aunt, first cousin, nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister. (Ord. No. 2011-011, § 1(Exh. 1), 5-17-11) Sec. 2-446. Ethics training. (a) Officials and employees, as public servants, are considered stewards of the public trust and should aspire to the highest level of integrity and character. Officials and employees shall be informed of their ethical responsibilities at the start of their public service, and shall receive updates and training materials on ethics issues throughout the span of their public service. The county administrator or municipal administrator as applicable shall establish by policy a mandatory training schedule for all officials and employees which shall include mandatory periodic follow-up sessions. This policy may also address ethics training for entities that receive county or municipal funds as applicable. (b) The commission on ethics shall develop and deliver, or contract with other entities to develop and deliver, training programs. The commission on ethics shall coordinate and cooperate with all affected county or municipal entities, departments, agencies, boards, councils and commissions to ensure that effective and meaningful training experiences are delivered in a timely and efficient manner. (Ord. No. 2011 011, § 1(Exh. 1), 5.17- 11) Page 11 of 12 Sec. 2-447. Noninterference. It shall be a violation of this article for any person: (a) to retaliate against, punish, threaten, harass, or penalize any person for communicating, cooperating with, or assisting the commission on ethics or the inspector general; or (b) to interfere, obstruct or attempt to interfere or obstruct without valid legal basis any investigation conducted by the commission on ethics or the inspector general. (Ord. No. 2011--011, § 1(Exh. 1), 5-17-11) Sec. 2-448. Administration, enforcement and penalties. (a) The commission on ethics shall be empowered to review, interpret, render advisory opinions, and enforce this code of ethics pursuant to the procedures established in the county commission on ethics ordinance. Jurisdiction of the commission on ethics with respect to advisory opinions rendered shall extend to all county and municipal officials and employees, and all other persons and entities required to comply with the provisions of this code and the county lobbyist registration ordinance, including but not limited to lobbyists, their employers and principals, and contractors and vendors. (b) A finding by the commission on ethics of a violation of any part of this article shall subject the person or entity to public reprimand, a fine of up to five hundred dollars ($500), or both. The commission on ethics may also order the person or entity to pay restitution when the person or entity or a third party has received a pecuniary benefit as a result of the person's violation. (c) Upon a finding of the commission on ethics that a violation of this article or the lobbyist registration ordinance resulted in a contract, grant, subsidy, license, permit, franchise, use, certificate, development order or other benefit conferred by the county or municipality as applicable, then such contract, grant, subsidy, license, permit, franchise, use, certificate, development order or other benefit may be rescinded or declared void by the board of county commissioners or the local municipal governing body as applicable. (d) The commission on ethics may in its discretion refer willful violations of sections 2-443. 2-444(a), 2-444(b), 2-444(c), 2-444(e), or 2-447 to the state attorney. Pursuant to Florida Statutes, §125.69, a person who violates the sections of the article set forth in this section 2-448(d) shall be subject to prosecution in the name of the state in the same manner as first degree misdemeanors are prosecuted, and upon conviction, such person shall be punished by a fine not to exceed one thousand dollars ($1,000), imprisonment not to exceed one (1) year, or both. (Ord. No. 2011 011, § 1(Exh. 1), 5-17-11) Page 12 of 12 ETHICS i i I � � , � � � I alm-OMM � � � � � � I Matthew F. Carlucci, Chair Jacksonville Michelle Anchors, Vice Chair Ft. Walton Beach Daniel Brady, PH.D. Miami Shores Matthew J. Carson Tallahassee Michael Cox Trinity Tom Freeman DeBary Guy W. Norris Lake City Kimberly Bonder Rezanka Viera Stanley Weston Jacksonville Virlindia Doss Executive Director P.O. Drawer 15709 Tallahassee, FL 32317-5709 www.ethics.state.fl.us (850) 488-7864* *Please direct all requests for information to this number.. TABLE OF CONTENTS I. HISTORY OF FLORIDA'S ETHICS LAWS............................................................... 1 II. ROLE OF THE COMMISSION ON ETHICS............................................................. 1 III. THE ETHICS LAWS.................................................................................................. 2 A. PROHIBITED ACTIONS OR CONDUCT.............................................................. 2 1. Solicitation or Acceptance of Gifts.................................................................... 2 2. Unauthorized Compensation............................................................................ 3 3. Misuse of Public Position.................................................................................. 3 4. Disclosure or Use of Certain Information.......................................................... 3 5. Solicitation or Acceptance of Honoraria............................................................ 3 B. PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS ..................... 4 1. Doing Business With One's Agency.................................................................. 4 2. Conflicting Employment or Contractual Relationship ... .„................................... 4 3. Exemptions....................................................,................................................... 4 4. Additional Exemption........................................................................................ 5 5. Lobbying State Agencies by Legislators........................................................... 5 6. Employees Holding Office................................................................................. 5 7. Professional & Occupational Licensing Board Members .................................. 6 8. Contractual Services: Prohibited Employment .................................................. 6 9. Local Government Attorneys............................................................................ 6 10. Dual Public Employment................................................................................. 6 C. RESTRICTIONS ON APPOINTING, EMPLOYING, AND CONTRACTING WITHRELATIVES................................................................................................ 6 1. Anti -Nepotism Law............................................................................................ 6 2. Additional Restrictions...................................................................................... 7 D. POST OFFICEHOLDING & EMPLOYMENT (REVOLVING DOOR) RESTRICTIONS .... 7 1. Lobbying By Former Legislators, Statewide Elected Officers, and Appointed State Officers............................................................................. 7 2. Lobbying By Former State Employees.............................................................. 7 3. Additional Restrictions on Former State Employees ......................................... 8 4. Lobbying By Former Local Government Officers and Employees .................... 8 E. VOTING CONFLICTS OF INTEREST.................................................................. 8 F. DISCLOSURES....................................................................................................9 1. Form 1 - Limited Financial Disclosure............................................................. 10 2. Form 1 F - Final Form 1................................................................................... 13 3. Form 2 - Quarterly Client Disclosure............................................................... 12 4. Form 6 - Full and Public Disclosure................................................................ 13 5. Form 6F - Final Form 6................................................................................... 14 6. Form 9 - Quarterly Gift Disclosure.................................................................. 14 7. Form 10 - Annual Disclosure of Gifts from Governmental Entities and Direct Support Organizations and Honorarium Event -Related Expenses....... 14 8. Form 30 - Donor's Quarterly Gift Disclosure ................................................... 15 9. Forms 1X and 6X — Amendments................................................................... 15 IV. AVAILABILITY OF FORMS................................................................................ 15 V. PENALTIES........................................................................................................16 A. For Violations of the Code of Ethics................................................................... 16 B. For Violations by Candidates.............................................................................. 16 C. For Violations by Former Officers and Employees ............................................. 16 D. For Lobbyists and Others...................................................................................16 E. Felony Convictions: Forfeiture of Retirement Benefits ........................................ 17 F. Automatic Penalties for Failure to File Annual Disclosure ................................... 17 VI. ADVISORY OPINIONS....................................................................................... 17 A. Who Can Request an Opinion............................................................................ 17 B. How to Request an Opinion................................................................................ 17 C. How to Obtain Published Opinions..................................................................... 18 VII. COMPLAINTS.................................................................................................... 18 A. Citizen Involvement............................................................................................ 18 B. Referrals............................................................................................................. 18 C. Confidentiality..................................................................................................... 18 D. How the Complaint Process Works.................................................................... 19 E. Dismissal of Complaint at Any Stage of Disposition ........................................... 19 F. Statute of Limitations....................................................................................... 20 VIII. EXECUTIVE BRANCH LOBBYING.................................................................... 20 IX. WHISTLE -BLOWER'S ACT................................................................................ 20 X. ADDITIONAL INFORMATION...................................................... ,......... ,...,,...... 21 XI. ONLINE TRAINING............................................................................................ 21 I. HISTORY OF FLORIDA'S ETHICS LAWS Florida has been a leader among the states in establishing ethics standards for public officials and recognizing the right of citizens to protect the public trust against abuse. Our state Constitution was revised in 1968 to require a code of ethics, prescribed by law, for all state employees and non judicial officers prohibiting conflict between public duty and private interests. Florida's first successful constitutional initiative resulted in the adoption of the Sunshine Amendment in 1976, providing additional constitutional guarantees concerning ethics in government. In the area of enforcement, the Sunshine Amendment requires that there be an independent commission (the Commission on Ethics) to investigate complaints concerning breaches of public trust by public officers and employees other than judges. The Code of Ethics for Public Officers and Employees is found in Chapter 112 (Part III) of the Florida Statutes. Foremost among the goals of the Code is to promote the public interest and maintain the respect of the people for their government. The Code is also intended to ensure that public officials conduct themselves independently and impartially, not using their offices for private gain other than compensation provided by law. While seeking to protect the integrity of government, the Code also seeks to avoid the creation of unnecessary barriers to public service. Criminal penalties, which initially applied to violations of the Code, were eliminated in 1974 in favor of administrative enforcement. The Legislature created the Commission on Ethics that year "to serve as guardian of the standards of conduct" for public officials, state and local. Five of the Commission's nine members are appointed by the Governor, and two each are appointed by the President of the Senate and Speaker of the House of Representatives. No more than five Commission members may be members of the same political party, and none may be lobbyists, or hold any public employment during their two-year terms of office. A chair is selected from among the members to serve a one-year term and may not succeed himself or herself. II. ROLE OF THE COMMISSION ON ETHICS In addition to its constitutional duties regarding the investigation of complaints, the Commission: • Renders advisory opinions to public officials; • Prescribes forms for public disclosure; • Prepares mailing lists of public officials subject to financial disclosure for use by Supervisors of Elections and the Commission in distributing forms and notifying delinquent filers; • Makes recommendations to disciplinary officials when appropriate for violations of ethics and disclosure laws, since it does not impose penalties; • Administers the Executive Branch Lobbyist Registration and Reporting Law; • Maintains financial disclosure filings of constitutional officers and state officers and employees; and, • Administers automatic fines for public officers and employees who fail to timely file required annual financial disclosure. 1 Ill. THE ETHICS LAWS The ethics laws generally consist of two types of provisions, those prohibiting certain actions or conduct and those requiring that certain disclosures be made to the public. The following descriptions of these laws have been simplified in an effort to provide notice of their requirements. Therefore, we suggest that you also review the wording of the actual law. Citations to the appropriate laws are in brackets. The laws summarized below apply generally to all public officers and employees, state and local, including members of advisory bodies. The principal exception to this broad coverage is the exclusion of judges, as they fall within the jurisdiction of the Judicial Qualifications Commission. Public Service Commission (PSC) members and employees, as well as members of the PSC Nominating Council, are subject to additional ethics standards that are enforced by the Commission on Ethics under Chapter 350, Florida Statutes. Further, members of the governing boards of charter schools are subject to some of the provisions of the Code of Ethics [Sec. 1002.33(26), Fla. Stat], as are the officers, directors, chief executive officers and some employees of business entities that serve as the chief administrative or executive officer or employee of a political subdivision. [Sec. 112.3136, Fla. Stat.]. A. PROHIBITED ACTIONS OR CONDUCT 1. Solicitation and Acceptance of Gifts Public officers, employees, local government attorneys, and candidates are prohibited from soliciting or accepting anything of value, such as a gift, loan, reward, promise of future employment, favor, or service, that is based on an understanding that their vote, official action, or judgment would be influenced by such gift. [Sec. 112.313(2), Fla. Stat.] Persons required to file financial disclosure FORM 1 or FORM 6 (see Part III F of this brochure), and state procurement employees, are prohibited from soliciting any gift from a political committee, lobbyist who has lobbied the official or his or her agency within the past 12 months, or the partner, firm, employer, or principal of such a lobbyist or from a vendor doing business with the official's agency. [Sec. 112.3148, Fla. Stat.] Persons required to file FORM 1 or FORM 6, and state procurement employees are prohibited from directly or indirectly accepting a gift worth more than $100 from such a lobbyist, from a partner, firm, employer, or principal of the lobbyist, or from a political committee or vendor doing business with their agency. [Sec. 112.3148, Fla. Stat.] However, effective in 2006 and notwithstanding Sec. 112.3148, Fla. Stat., no Executive Branch lobbyist or principal shall make, directly or indirectly, and no Executive Branch agency official who files FORM 1 or FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. [Sec. 112.3215, Fla. Stat.] Typically, this would include gifts valued at less than $100 that formerly were permitted under Section 112.3148, Fla. Stat. Similar rules apply to members and 2 employees of the Legislature. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla. Stat.] Also, effective May 1, 2013, persons required to file Form 1 or Form 6, and state procurement employees and members of their immediate families, are prohibited from accepting any gift from a political committee. [Sec. 112.31485, Fla. Stat.] 2. Unauthorized Compensation Public officers or employees, local government attorneys, and their spouses and minor children are prohibited from accepting any compensation, payment, or thing of value when they know, or with the exercise of reasonable care should know, that it is given to influence a vote or other official action. [Sec. 112.313(4), Fla. Stat.] 3. Misuse of Public Position Public officers and employees, and local government attorneys are prohibited from corruptly using or attempting to use their official positions or the resources thereof to obtain a special privilege or benefit for themselves or others. [Sec. 112.313(6), Fla. Stat.] 4. Disclosure or Use of Certain Information Public officers and employees and local government attorneys are prohibited from disclosing or using information not available to the public and obtained by reason of their public position for the personal benefit of themselves or others. [Sec. 112.313(8), Fla. Stat.] 5. Solicitation or Acceptance of Honoraria Persons required to file financial disclosure FORM 1 or FORM 6 (see Part III F of this brochure), and state procurement employees, are prohibited from soliciting honoraria related to their public offices or duties. [Sec. 112.3149, Fla. Stat.] Persons required to file FORM 1 or FORM 6, and state procurement employees, are prohibited from knowingly accepting an honorarium from a political committee, lobbyist who has lobbied the person's agency within the past 12 months, or the partner, firm, employer, or principal of such a lobbyist, or from a vendor doing business with the official's agency. However, they may accept the payment of expenses related to an honorarium event from such individuals or entities, provided that the expenses are disclosed. See Part III F of this brochure. [Sec. 112.3149, Fla. Stat.] Lobbyists and their partners, firms, employers, and principals, as well as political committees and vendors, are prohibited from giving an honorarium to persons required to file FORM 1 or FORM 6 and to state procurement employees. Violations of this law may result in fines of up to $5,000 and prohibitions against lobbying for up to two years. [Sec. 112.3149, Fla. Stat.] However, notwithstanding Sec. 112.3149, Fla. Stat., no Executive Branch or legislative lobbyist or principal shall make, directly or indirectly, and no Executive Branch agency official who files FORM 1 or 3 FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. [Sec. 112.3215, Fla. Stat.] This may include honorarium event related expenses that formerly were permitted under Sec. 112.3149, Fla. Stat. Similar rules apply to members and employees of the Legislature. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla. Stat.] B. PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS 1. Doing Business With One's Agency (a) A public employee acting as a purchasing agent, or public officer acting in an official capacity, is prohibited from purchasing, renting, or leasing any realty, goods, or services for his or her agency from a business entity in which the officer or employee or his or her spouse or child owns more than a 5% interest. [Sec. 112.313(3), Fla. Stat.] (b) A public officer or employee, acting in a private capacity, also is prohibited from renting, leasing, or selling any realty, goods, or services to his or her own agency if the officer or employee is a state officer or employee, or, if he or she is an officer or employee of a political subdivision, to that subdivision or any of its agencies. [Sec. 112.313(3), Fla. Stat.] 2. Conflicting Employment or Contractual Relationship (a) A public officer or employee is prohibited from holding any employment or contract with any business entity or agency regulated by or doing business with his or her public agency. [Sec. 112.313(7), Fla. Stat.] (b) A public officer or employee also is prohibited from holding any employment or having a contractual relationship which will pose a frequently recurring conflict between the official's private interests and public duties or which will impede the full and faithful discharge of the official's public duties. [Sec. 112.313(7), Fla. Stat.] (c) Limited exceptions to this prohibition have been created in the law for legislative bodies, certain special tax districts, drainage districts, and persons whose professions or occupations qualify them to hold their public positions. [Sec. 112.313(7)(a) and (b), Fla. Stat.] 3. Exemptions—Pursuant to Sec. 912.313(12), Fla. Stat., the prohibitions against doing business with one's agency and having conflicting employment may not apply: (a) When the business is rotated among all qualified suppliers in a city or county. (b) When the business is awarded by sealed, competitive bidding and neither the official nor his or her spouse or child have attempted to persuade agency personnel to enter the contract. NOTE: Disclosure of the interest of the official, spouse, or child and the nature of the business must be filed prior to or at the time of submission of the bid on Commission FORM 3A with the Commission on Ethics or Supervisor of Elections, depending on whether the official serves at the state or local level. 4 (c) When the purchase or sale is for legal advertising, utilities service, or for passage on a common carrier. (d) When an emergency purchase must be made to protect the public health, safety, or welfare. (e) When the business entity is the only source of supply within the political subdivision and there is full disclosure of the official's interest to the governing body on Commission FORM 4A. (f) When the aggregate of any such transactions does not exceed $500 in a calendar year. (g) When the business transacted is the deposit of agency funds in a bank of which a county, city, or district official is an officer, director, or stockholder, so long as agency records show that the governing body has determined that the member did not favor his or her bank over other qualified banks. (h) When the prohibitions are waived in the case of ADVISORY BOARD MEMBERS by the appointing person or by a two-thirds vote of the appointing body (after disclosure on Commission FORM 4A). (i) When the public officer or employee purchases in a private capacity goods or services, at a price and upon terms available to similarly situated members of the general public, from a business entity which is doing business with his or her agency. (j) When the public officer or employee in a private capacity purchases goods or services from a business entity which is subject to the regulation of his or her agency where the price and terms of the transaction are available to similarly situated members of the general public and the officer or employee makes full disclosure of the relationship to the agency head or governing body prior to the transaction. 4. Additional Exemptions No elected public officer is in violation of the conflicting employment prohibition when employed by a tax exempt organization contracting with his or her agency so long as the officer is not directly or indirectly compensated as a result of the contract, does not participate in any way in the decision to enter into the contract, abstains from voting on any matter involving the employer, and makes certain disclosures. [Sec. 112.313(15), Fla. Stat.] A qualified blind trust established pursuant to Sec. 112.31425, Fla. Stat., may afford an official protection from conflicts of interest arising from assets placed in the trust. 5. Lobbying State Agencies By Legislators A member of the Legislature is prohibited from representing another person or entity for compensation during his or her term of office before any state agency other than judicial tribunals. (Art. II, Sec. 8(e), Fla. Const., and Sec. 112.313(9), Fla. Stat.] 6. Employees Holding Office A public employee is prohibited from being a member of the governing body which serves as his or her employer. [Sec. 112.313(10), Fla. Stat.] 5 7. Professional and Occupational Licensing Board Members An officer, director, or administrator of a state, county, or regional professional or occupational organization or association, while holding such position, may not serve as a member of a state examining or licensing board for the profession or occupation. [Sec. 112.313(11), Fla. Stat.] 8. Contractual Services: Prohibited Employment A state employee of the executive orjudicial branch who participates in the decision-making process involving a purchase request, who influences the content of any specification or procurement standard, or who renders advice, investigation, or auditing, regarding his or her agency's contract for services, is prohibited from being employed with a person holding such a contract with his or her agency. [Sec. 112.3185(2), Fla. Stat.] 9. Local Government Attorneys Local government attorneys, such as the city attorney or county attorney, and their law firms are prohibited from representing private individuals and entities before the unit of local government which they serve. A local government attorney cannot recommend or otherwise refer to his or her firm legal work involving the local government unit unless the attorney's contract authorizes or mandates the use of that firm. [Sec. 112.313(16), Fla. Stat.] 10. Dual Public Employment Candidates and elected officers are prohibited from accepting public employment if they know or should know it is being offered for the purpose of influence. Further, public employment may not be accepted unless the position was already in existence or was created without the anticipation of the official's interest, was publicly advertised, and the officer had to meet the same qualifications and go through the same hiring process as other applicants. For elected public officers already holding public employment, no promotion given for the purpose of influence may be accepted, nor may promotions that are inconsistent with those given other similarly situated employees. [Sec. 112.3125, Fla. Stat.] C. RESTRICTIONS ON APPOINTING, EMPLOYING, AND CONTRACTING WITH RELATIVES 1. Anti -Nepotism Law A public official is prohibited from seeking for a relative any appointment, employment, promotion or advancement in the agency in which he or she is serving or over which the official exercises jurisdiction or control. No person may be appointed, employed, promoted, or advanced in or to a position in an agency if such action has been advocated by a related public official who is serving in or exercising jurisdiction or control over the agency; this includes relatives of members of collegial government bodies. NOTE: This prohibition does not apply to school districts (except as provided in Sec. 1012.23, Fla. Stat.), community colleges and state universities, or to appointments of boards, other than those with land -planning or zoning responsibilities, in municipalities of fewer than 35,000 residents. Also, the approval of budgets does not constitute "jurisdiction or control" for the purposes of this prohibition. This 0 provision does not apply to volunteer emergency medical, firefighting, or police service providers. [Sec. 112.3135, Fla. Stat.] 2. Additional Restrictions A state employee of the executive or judicial branch or the PSC is prohibited from directly or indirectly procuring contractual services for his or her agency from a business entity of which a relative is an officer, partner, director, or proprietor, or in which the employee, or his or her spouse, or children own more than a 5% interest. [Sec. 112.3185(6), Fla. Stat.] D. POST OFFICE HOLDING AND EMPLOYMENT (REVOLVING DOOR) RESTRICTIONS 1. Lobbying by Former Legislators, Statewide Elected Officers, and Appointed State Officers A member of the Legislature or a statewide elected or appointed state official is prohibited for two years following vacation of office from representing another person or entity for compensation before the government body or agency of which the individual was an officer or member. Former members of the Legislature are also prohibited for two years from lobbying the executive branch. [Art. 11, Sec. 8(e), Fla. Const. and Sec. 112.313(9), Fla. Stat.] 2. Lobbying by Former State Employees Certain employees of the executive and legislative branches of state government are prohibited from personally representing another person or entity for compensation before the agency with which they were employed for a period of two years after leaving their positions, unless employed by another agency of state government. [Sec. 112.313(9), Fla. Stat.] These employees include the following: (a) Executive and legislative branch employees serving in the Senior Management Service and Selected Exempt Service, as well as any person employed by the Department of the Lottery having authority over policy or procurement. (b) Persons serving in the following position classifications: the Auditor General; the director of the Office of Program Policy Analysis and Government Accountability (OPPAGA); the Sergeant at Arms and Secretary of the Senate; the Sergeant at Arms and Clerk of the House of Representatives; the executive director and deputy executive director of the Commission on Ethics; an executive director, staff director, or deputy staff director of each joint committee, standing committee, or select committee of the Legislature; an executive director, staff director, executive assistant, legislative analyst, or attorney serving in the Office of the President of the Senate, the Office of the Speaker of the House of Representatives, the Senate Majority Party Office, the Senate Minority Party Office, the House Majority Party Office, or the House Minority Party Office; the Chancellor and Vice -Chancellors of the State University System; the general counsel to the Board of Regents; the president, vice presidents, and deans of each state university; any person hired on a contractual basis and having the power normally conferred upon such persons, by whatever title; and any person having the power normally conferred upon the above positions. This prohibition does not apply to a person who was employed by the Legislature or other agency prior to July 1, 1989; who was a defined employee of the State University System or the Public Service Commission who held such employment on December 31, 1994; or who reached normal retirement age and retired by July 1, 1991. It does apply to OPS employees. PENALTIES: Persons found in violation of this section are subject to the penalties contained in the Code (see PENALTIES, Part V) as well as a civil penalty in an amount equal to the compensation which the person received for the prohibited conduct. [Sec. 112.313(9)(a)5, Fla. Stat.] 3. Additional Restrictions on Former State Employees A former executive or judicial branch employee or PSC employee is prohibited from having employment or a contractual relationship, at any time after retirement or termination of employment, with any business entity (other than a public agency) in connection with a contract in which the employee participated personally and substantially by recommendation or decision while a public employee. [Sec. 112.3185(3), Fla. Stat.] A former executive or judicial branch employee or PSC employee who has retired or terminated employment is prohibited from having any employment or contractual relationship for two years with any business entity (other than a public agency) in connection with a contract for services which was within his or her responsibility while serving as a state employee. [Sec.112.3185(4), Fla. Stat.] Unless waived by the agency head, a former executive or judicial branch employee or PSC employee may not be paid more for contractual services provided by him or her to the former agency during the first year after leaving the agency than his or her annual salary before leaving. [Sec. 112.3185(5), Fla. Stat.] These prohibitions do not apply to PSC employees who were so employed on or before Dec. 31, 1994. 4. Lobbying by Former Local Government Officers and Employees A person elected to county, municipal, school district, or special district office is prohibited from representing another person or entity for compensation before the government body or agency of which he or she was an officer for two years after leaving office. Appointed officers and employees of counties, municipalities, school districts, and special districts may be subject to a similar restriction by local ordinance or resolution. [Sec. 112.313(13) and (14), Fla. Stat.] E. VOTING CONFLICTS OF INTEREST State public officers are prohibited from voting in an official capacity on any measure which they know would inure to their own special private gain or loss. A state public officer who abstains, or who votes on a measure which the officer knows would inure to the special private gain or loss of any principal by whom he or she is retained, of the parent organization or subsidiary or sibling of a corporate principal by which he or she is retained, of a relative, or of a business associate, must make every reasonable effort to file a memorandum of voting conflict with the recording secretary in advance of the vote. If that is not possible, E3 it must be filed within 15 days after the vote occurs. The memorandum must disclose the nature of the officer's interest in the matter. No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss, or which the officer knows would inure to the special private gain or loss of any principal by whom he or she is retained, of the parent organization or subsidiary or sibling of a corporate principal by which he or she is retained, of a relative, or of a business associate. The officer must publicly announce the nature of his or her interest before the vote and must file a memorandum of voting conflict on Commission Form 8B with the meeting's recording officer within 15 days after the vote occurs disclosing the nature of his or her interest in the matter. However, members of community redevelopment agencies and district officers elected on a one -acre, one -vote basis are not required to abstain when voting in that capacity. No appointed state or local officer shall participate in any matter which would inure to the officer's special private gain or loss, the special private gain or loss of any principal by whom he or she is retained, of the parent organization or subsidiary or sibling of a corporate principal by which he or she is retained, of a relative, or of a business associate, without first disclosing the nature of his or her interest in the matter. The memorandum of voting conflict (Commission Form 8A or 813) must be filed with the meeting's recording officer, be provided to the other members of the agency, and be read publicly at the next meeting. If the conflict is unknown or not disclosed prior to the meeting, the appointed official must orally disclose the conflict at the meeting when the conflict becomes known. Also, a written memorandum of voting conflict must be filed with the meeting's recording officer within 15 days of the disclosure being made and must be provided to the other members of the agency, with the disclosure being read publicly at the next scheduled meeting. [Sec. 112.3143, Fla. Stat.] A qualified blind trust established pursuant to Sec. 112.31425, Fla. Stat., may afford an official protection from voting conflicts of interest arising from assets placed in the trust. F. DISCLOSURES Conflicts of interest may occur when public officials are in a position to make decisions that affect their personal financial interests. This is why public officers and employees, as well as candidates who run for public office, are required to publicly disclose their financial interests. The disclosure process serves to remind officials of their obligation to put the public interest above personal considerations. It also helps citizens to monitor the considerations of those who spend their tax dollars and participate in public policy decisions or administration. All public officials and candidates do not file the same degree of disclosure; nor do they all file at the same time or place. Thus, care must be taken to determine which disclosure forms a particular official or candidate is required to file. The following forms are described below to set forth the requirements of the various disclosures and the steps for correctly providing the information in a timely manner. V7 1, FORM 9 - Limited Financial Disclosure Who Must File: Persons required to file FORM 1 include all state officers, local officers, candidates for local elective office, and specified state employees as defined below (other than those officers who are required by law to file FORM 6). STATE OFFICERS include: 1) Elected public officials not serving in a political subdivision of the state and any person appointed to fill a vacancy in such office, unless required to file full disclosure on Form 6. 2) Appointed members of each board, commission, authority, or council having statewide jurisdiction, excluding members of solely advisory bodies; but including judicial nominating commission members; directors of Enterprise Florida, Scripps Florida Funding Corporation, and CareerSource Florida, and members of the Council on the Social Status of Black Men and Boys; the Executive Director, governors, and senior managers of Citizens Property Insurance Corporation; governors and senior managers of Florida Workers' Compensation Joint Underwriting Association, board members of the Northeast Florida Regional Transportation Commission, and members of the board of Triumph Gulf Coast, Inc.; members of the board of Florida is for Veterans, Inc.; and members of the Technology Advisory Council within the Agency for State Technology. 3) The Commissioner of Education, members of the State Board of Education, the Board of Governors, and the local boards of trustees and presidents of state universities. LOCAL OFFICERS include: 1) Persons elected to office in any political subdivision (such as municipalities, counties, and special districts) and any person appointed to fill a vacancy in such office, unless required to file full disclosure on Form 6. 2) Appointed members of the following boards, councils, commissions, authorities, or other bodies of any county, municipality, school district, independent special district, or other political subdivision: the governing body of the subdivision; a community college or junior college district board of trustees; a board having the power to enforce local code provisions; a planning or zoning board, board of adjustments or appeals, community redevelopment agency board, or other board having the power to recommend, create, or modify land planning or zoning within the political subdivision, except for citizen advisory committees, technical coordinating committees, and similar groups who only have the power to make recommendations to planning or zoning boards, except for representatives of a military installation acting on behalf of all military installations within that jurisdiction; a pension board or retirement board empowered to invest pension or retirement funds or to determine entitlement to or amount of a pension or other retirement benefit. 10 3) Any other appointed member of a local government board who is required to file a statement of financial interests by the appointing authority or the enabling legislation, ordinance, or resolution creating the board. 4) Persons holding any of these positions in local government: mayor; county or city manager; chief administrative employee or finance director of a county, municipality, or other political subdivision; county or municipal attorney; chief county or municipal building inspector; county or municipal water resources coordinator; county or municipal pollution control director; county or municipal environmental control director; county or municipal administrator with power to grant or deny a land development permit; chief of police; fire chief; municipal clerk; appointed district school superintendent; community college president; district medical examiner; purchasing agent (regardless of title) having the authority to make any purchase exceeding $20,000 for the local governmental unit. 5) Members of governing boards of charter schools operated by a city or other public entity. 6) The officers, directors, and chief executive officer of a corporation, partnership, or other business entity that is serving as the chief administrative or executive officer or employee of a political subdivision, and any business entity employee who is acting as the chief administrative or executive officer or employee of the political subdivision. [Sec. 112.3136, Fla. Stat.] SPECIFIED STATE EMPLOYEE includes: 1) Employees in the Office of the Governor or of a Cabinet member who are exempt from the Career Service System, excluding secretarial, clerical, and similar positions. 2) The following positions in each state department, commission, board, or council: secretary or state surgeon general, assistant or deputy secretary, executive director, assistant or deputy executive director, and anyone having the power normally conferred upon such persons, regardless of title. 3) The following positions in each state department or division: director, assistant or deputy director, bureau chief, assistant bureau chief, and any person having the power normally conferred upon such persons, regardless of title. 4) Assistant state attorneys, assistant public defenders, criminal conflict and civil regional counsel, assistant criminal conflict and civil regional counsel, public counsel, full-time state employees serving as counsel or assistant counsel to a state agency, judges of compensation claims, administrative law judges, and hearing officers. 5) The superintendent or director of a state mental health institute established for training and research in the mental health field, or any major state institution or facility established for corrections, training, treatment, or rehabilitation. 6) State agency business managers, finance and accounting directors, personnel officers, grant coordinators, and purchasing agents (regardless of title) with power to make a purchase exceeding $20,000. 11 7) The following positions in legislative branch agencies: each employee (other than those employed in maintenance, clerical, secretarial, or similar positions and legislative assistants exempted by the presiding officer of their house); and each employee of the Commission on Ethics. What Must Be Disclosed: FORM 1 requirements are set forth fully on the form. In general, this includes the reporting person's sources and types of financial interests, such as the names of employers and addresses of real property holdings. NO DOLLAR VALUES ARE REQUIRED TO BE LISTED. In addition, the form requires the disclosure of certain relationships with, and ownership interests in, specified types of businesses such as banks, savings and loans, insurance companies, and utility companies. When to File: CANDIDATES for elected local office must file FORM 1 together with and at the same time they file their qualifying papers. STATE and LOCAL OFFICERS and SPECIFIED STATE EMPLOYEES are required to file disclosure by July 1 of each year. They also must file within thirty days from the date of appointment or the beginning of employment. Those appointees requiring Senate confirmation must file prior to confirmation. Where to File: Each LOCAL OFFICER files FORM 1 with the Supervisor of Elections in the county in which he or she permanently resides. A STATE OFFICER or SPECIFIED STATE EMPLOYEE files with the Commission on Ethics. [Sec. 112.3145, Fla. Stat.] r •- �. . �r a -. i -i FORM 1 F is the disclosure form required to be filed within 60 days after a public officer or employee required to file FORM 1 leaves his or her public position. The form covers the disclosure period between January 1 and the last day of office or employment within that year, 3. FORM 2 - Quarterly Client Disclosure The state officers, local officers, and specified state employees listed above, as well as elected constitutional officers, must file a FORM 2 if they or a partner or associate of their professional firm represent a client for compensation before an agency at their level of government. A FORM 2 disclosure includes the names of clients represented by the reporting person or by any partner or associate of his or her professional firm for a fee or commission before agencies at the reporting person's level of government. Such representations do not include appearances in ministerial matters, appearances before judges of compensation claims, or representations on behalf of one's 12 agency in one's official capacity. Nor does the term include the preparation and filing of forms and applications merely for the purpose of obtaining or transferring a license, so long as the issuance of the license does not require a variance, special consideration, or a certificate of public convenience and necessity. When to File: This disclosure should be filed quarterly, by the end of the calendar quarter following the calendar quarter during which a reportable representation was made. FORM 2 need not be filed merely to indicate that no reportable representations occurred during the preceding quarter; it should be filed ONLY when reportable representations were made during the quarter. Where To File: LOCAL OFFICERS file with the Supervisor of Elections of the county in which they permanently reside. STATE OFFICERS and SPECIFIED STATE EMPLOYEES file with the Commission on Ethics. [Sec. 112.3145(4), Fla. Stat.] Who Must File: Persons required by law to file FORM 6 include all elected constitutional officers and candidates for such office; the mayor and members of the city council and candidates for these offices in Jacksonville; the Duval County Superintendent of Schools; judges of compensation claims. (pursuant to Sec. 440.442, Fla. Stat.); and members of the Florida Housing Finance Corporation Board and the Florida Prepaid College Board; and members of expressway authorities, transportation authorities (except the Jacksonville Transportation Authority), bridge authority, or toll authorities created pursuant to Ch. 348 or 343, or 349, or other general law. What Must be Disclosed: FORM 6 is a detailed disclosure of assets, liabilities, and sources of income over $1,000 and their values, as well as net worth. Officials may opt to file their most recent income tax return in lieu of listing sources of income but still must disclose their assets, liabilities, and net worth. In addition, the form requires the disclosure of certain relationships with, and ownership interests in, specified types of businesses such as banks, savings and loans, insurance companies, and utility companies. When and Where To File: Incumbent officials must file FORM 6 annually by July 1 with the Commission on Ethics. CANDIDATES must file with the officer before whom they qualify at the time of qualifying. [Art. II, Sec. 8(a) and (i), Fla. Const., and Sec. 112.3144, Fla. Stat.] 13 5. FORM 6F - Final Form 6 Full and Public Disclosure This is the disclosure form required to be filed within 60 days after a public officer or employee required to file FORM 6 leaves his or her public position. The form covers the disclosure period between January 1 and the last day of office or employment within that year. 6. FORM 9 - Quarterly Gift Disclosure Each person required to file FORM 1 or FORM 6, and each state procurement employee, must file a FORM 9, Quarterly Gift Disclosure, with the Commission on Ethics on the last day of any calendar quarter following the calendar quarter in which he or she received a gift worth more than $100, other than gifts from relatives, gifts prohibited from being accepted, gifts primarily associated with his or her business or employment, and gifts otherwise required to be disclosed. FORM 9 NEED NOT BE FILED if no such gift was received during the calendar quarter. Information to be disclosed includes a description of the gift and its value, the name and address of the donor, the date of the gift, and a copy of any receipt for the gift provided by the donor. [Sec. 112.3148, Fla. Stat.] 7. FORM 90 -Annual Disclo of Gifts from Government Aaencies and Direct -Support Oroanizations and Honorarium Event Related Expenses State government entities, airport authorities, counties, municipalities, school boards, water management districts, and the South Florida Regional Transportation Authority, may give a gift worth more than $100 to a person required to file FORM 1 or FORM 6, and to state procurement employees, if a public purpose can be shown for the gift. Also, a direct -support organization for a governmental entity may give such a gift to a person who is an officer or employee of that entity. These gifts are to be reported on FORM 10, to be filed by July 1. The governmental entity or direct -support organization giving the gift must provide the officer or employee with a statement about the gift no later than March 1 of the following year. The officer or employee then must disclose this information by filing a statement by July 1 with his or her annual financial disclosure that describes the gift and lists the donor, the date of the gift, and the value of the total gifts provided during the calendar year. State procurement employees file their statements with the Commission on Ethics. [Sec. 112.3148, Fla. Stat.] In addition, a person required to file FORM 1 or FORM 6, or a state procurement employee, who receives expenses or payment of expenses related to an honorarium event from someone who is prohibited from giving him or her an honorarium, must disclose annually the name, address, and affiliation of the donor, the amount of the expenses, the date of the event, a description of the expenses paid or provided, and the total value of the expenses on FORM 10. The donor paying the expenses must provide the officer or employee with a statement about the expenses within 60 days of the honorarium event. 14 The disclosure must be filed by July 1, for expenses received during the previous calendar year, with the officer's or employee's FORM 1 or FORM 6. State procurement employees file their statements with the Commission on Ethics. [Sec. 112.3149, Fla. Stat.] However, notwithstanding Sec. 112.3149, Fla. Stat., no executive branch or legislative lobbyist or principal shall make, directly or indirectly, and no executive branch agency official or employee who files FORM 1 or FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. This may include gifts or honorarium event related expenses that formerly were permitted under Sections 112.3148 and 112.3149. [Sec. 112.3215, Fla. Stat.] Similar prohibitions apply to legislative officials and employees. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla. Stat.] In addition, gifts, which include anything not primarily related to political activities authorized under ch. 106, are prohibited from political committees. [Sec. 112.31485 Fla. Stat.] • - As mentioned above, the following persons and entities generally are prohibited from giving a gift worth more than $100 to a reporting individual (a person required to file FORM 1 or FORM 6) or to a state procurement employee; a political committee; a lobbyist who lobbies the reporting individual's or procurement employee's agency, and the partner, firm, employer, or principal of such a lobbyist; and vendors. If such person or entity makes a gift worth between $25 and $100 to a reporting individual or state procurement employee (that is not accepted in behalf of a governmental entity or charitable organization), the gift should be reported on FORM 30. The donor also must notify the recipient at the time the gift is made that it will be reported. The FORM 30 should be filed by the last day of the calendar quarter following the calendar quarter in which the gift was made. If the gift was made to an individual in the legislative branch, FORM 30 should be filed with the Lobbyist Registrar. [See page 35 for address.] If the gift was to any other reporting individual or state procurement employee, FORM 30 should be filed with the Commission on Ethics. However, notwithstanding Section 112.3148, Fla. Stat., no executive branch lobbyist or principal shall make, directly or indirectly, and no executive branch agency official or employee who files FORM 1 or FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. This may include gifts that formerly were permitted under Section 112.3148. [Sec. 112.3215, Fla. Stat.] Similar prohibitions apply to legislative officials and employees. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla. Stat.] In addition, gifts from political committees are prohibited. [Sec. 112.31485, Fla. Stat.] • C.3 0-1 17 • . 1 .l. • u These forms are provided for officers or employees to amend their previously filed Form 1 or Form IV. AVAILABILITY OF FORMS LOCAL OFFICERS and EMPLOYEES who must file FORM 1 annually will be sent the form by mail from the Supervisor of Elections in the county in which they permanently reside not later than JUNE 1 of each 15 year. Newly elected and appointed officials or employees should contact the heads of their agencies for copies of the form or download it from www.ethics.state.fl.us, as should those persons who are required to file their final disclosure statements within 60 days of leaving office or employment. ELECTED CONSTITUTIONAL OFFICERS, OTHER STATE OFFICERS, and SPECIFIED STATE EMPLOYEES who must file annually FORM 1 or 6 will be sent these forms by mail from the Commission on Ethics by JUNE 1 of each year. Newly elected and appointed officers and employees should contact the heads of their agencies or the Commission on Ethics for copies of the form or download it from www.ethics.state.fl.us, as should those persons who are required to file their final disclosure statements within 60 days of leaving office or employment. Any person needing one or more of the other forms described here may also obtain them from a Supervisor of Elections or from the Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317- 5709. They are also available on the Commission's website: www.ethics.state.fl.us. V. PENALTIES A. Non -criminal Penalties for Violation of the Sunshine Amendment and the Code of Ethics There are no criminal penalties for violation of the Sunshine Amendment and the Code of Ethics. Penalties for violation of these laws may include: impeachment, removal from office or employment, suspension, public censure, reprimand, demotion, reduction in salary level, forfeiture of no more than one-third salary per month for no more than twelve months, a civil penalty not to exceed $10,000, and restitution of any pecuniary benefits received, and triple the value of a gift from a political committee. B. Penalties for Candidates CANDIDATES for public office who are found in violation of the Sunshine Amendment or the Code of Ethics may be subject to one or more of the following penalties: disqualification from being on the ballot, public censure, reprimand, or a civil penalty not to exceed $10,000, and triple the value of a gift received from a political committee. C. Penalties for Former Officers and Employees FORMER PUBLIC OFFICERS or EMPLOYEES who are found in violation of a provision applicable to former officers or employees or whose violation occurred prior to such officer's or employee's leaving public office or employment may be subject to one or more of the following penalties: public censure and reprimand, a civil penalty not to exceed $10,000, and restitution of any pecuniary benefits received, and triple the value of a gift received from a political committee. D. Penalties for Lobbyists and Others An executive branch lobbyist who has failed to comply with the Executive Branch Lobbying Registration law (see Part VIII) may be fined up to $5,000, reprimanded, censured, or prohibited from lobbying executive branch agencies for up to two years. Lobbyists, their employers, principals, partners, and firms, and political committees and committees of continuous existence who give a prohibited gift 16 or honorarium or fail to comply with the gift reporting requirements for gifts worth between $25 and $100, may be penalized by a fine of not more than $5,000 and a prohibition on lobbying, or employing a lobbyist to lobby, before the agency of the public officer or employee to whom the gift was given for up to two years. Any agent or person acting on behalf of a political committee giving a prohibited gift is personally liable for a civil penalty of up to triple the value of the gift. Executive Branch lobbying firms that fail to timely file their quarterly compensation reports may be fined $50 per day per principal for each day the report is late, up to a maximum fine of $5,000 per report. E. Felony Convictions: Forfeiture of Retirement Benefits Public officers and employees are subject to forfeiture of all rights and benefits under the retirement system to which they belong if convicted of certain offenses. The offenses include embezzlement or theft of public funds; bribery; felonies specified in Chapter 838, Florida Statutes; impeachable offenses; and felonies committed with intent to defraud the public or their public agency. [Sec. 112.3173, Fla. Stat.] F. Automatic Penalties for Failure to File Annual Disclosure Public officers and employees required to file either Form 1 or Form 6 annual financial disclosure are subject to automatic fines of $25 for each day late the form is filed after September 1, up to a maximum penalty of $1,500. [Sec. 112.3144 and 112.3145, Fla. Stat.] VI. ADVISORY OPINIONS Conflicts of interest may be avoided by greater awareness of the ethics laws on the part of public officials and employees through advisory assistance from the Commission on Ethics. A. Who Can Request an Opinion Any public officer, candidate for public office, or public employee in Florida who is in doubt about the applicability of the standards of conduct or disclosure laws to himself or herself, or anyone who has the power to hire or terminate another public employee, may seek an advisory opinion from the Commission about himself or herself or that employee. B. How to Request an Opinion Opinions may be requested by letter presenting a question based on a real situation and including a detailed description of the situation. Opinions are issued by the Commission and are binding on the conduct of the person who is the subject of the opinion, unless material facts were omitted or misstated in the request for the opinion. Published opinions will not bear the name of the persons involved unless they consent to the use of their names; however, the request and all information pertaining to it is a public record, made available to the Commission and to members of the public in advance of the Commission's consideration of the question. 17 C. How to Obtain Published Opinions All of the Commission's opinions are available for viewing or download at its website: www.ethics.state.fl.us. VII. COMPLAINTS A. Citizen Involvement The Commission on Ethics cannot conduct investigations of alleged violations of the Sunshine Amendment or the Code of Ethics unless a person files a sworn complaint with the Commission alleging such violation has occurred, or a referral is received, as discussed below. If you have knowledge that a person in government has violated the standards of conduct or disclosure laws described above, you may report these violations to the Commission by filing a sworn complaint on the form prescribed by the Commission and available for download at www.ethics.state.fl.us. The Commission is unable to take action based on learning of such misdeeds through newspaper reports, telephone calls, or letters. You can obtain a complaint form (FORM 50), by contacting the Commission office at the address or phone number shown on the inside front cover of this booklet, or you can download it from the Commission's website: www.eth ics.state. fl. us. B. Referrals The Commission may accept referrals from Enforcement, a State Attorney, or a U.S. Attorney. required to proceed on such a referral. C. Confidentiality the Governor, the Florida Department of Law A vote of six of the Commission's nine members is The complaint or referral, as well as all proceedings and records relating thereto, is confidential until the accused requests that such records be made public or until the matter reaches a stage in the Commission's proceedings where it becomes public. This means that unless the Commission receives a written waiver of confidentiality from the accused, the Commission is not free to release any documents or to comment on a complaint or referral to members of the public or press, so long as the complaint or referral remains in a confidential stage. A COMPLAINT OR REFERRAL MAY NOT BE FILED WITH RESPECT TO A CANDIDATE ON THE DAY OF THE ELECTION, OR WITHIN THE 30 CALENDAR DAYS PRECEDING THE ELECTION DATE, UNLESS IT IS BASED ON PERSONAL INFORMATION OR INFORMATION OTHER THAN HEARSAY. 18 D. How the Complaint Process Works Complaints which allege a matter within the Commission's jurisdiction are assigned a tracking number and Commission staff forwards a copy of the original sworn complaint to the accused within five working days of its receipt. Any subsequent sworn amendments to the complaint also are transmitted within five working days of their receipt. Once a complaint is filed, it goes through three procedural stages under the Commission's rules. The first stage is a determination of whether the allegations of the complaint are legally sufficient: that is, whether they indicate a possible violation of any law over which the Commission has jurisdiction. If the complaint is found not to be legally sufficient, the Commission will order that the complaint be dismissed without investigation, and all records relating to the complaint will become public at that time. In cases of very minor financial disclosure violations, the official will be allowed an opportunity to correct or amend his or her disclosure form. Otherwise, if the complaint is found to be legally sufficient, a preliminary investigation will be undertaken by the investigative staff of the Commission. The second stage of the Commission's proceedings involves this preliminary investigation and a decision by the Commission as to whether there is probable cause to believe that there has been a violation of any of the ethics laws. If the Commission finds no probable cause to believe there has been a violation of the ethics laws, the complaint will be dismissed and will become a matter of public record. If the Commission finds probable cause to believe there has been a violation of the ethics laws, the complaint becomes public and usually enters the third stage of proceedings. This stage requires the Commission to decide whether the law was actually violated and, if so, whether a penalty should be recommended. At this stage, the accused has the right to request a public hearing (trial) at which evidence is presented or the Commission may order that such a hearing be held. Public hearings usually are held in or near the area where the alleged violation occurred. When the Commission concludes that a violation has been committed, it issues a public report of its findings and may recommend one or more penalties to the appropriate disciplinary body or official. When the Commission determines that a person has filed a complaint with knowledge that the complaint contains one or more false allegations or with reckless disregard for whether the complaint contains false allegations, the complainant will be liable for costs plus reasonable attorney's fees incurred by the person complained against. The Department of Legal Affairs may bring a civil action to recover such fees and costs, if they are not paid voluntarily within 30 days. E. Dismissal of Complaints At Any Stage of Disposition The Commission may, at its discretion, dismiss any complaint at any stage of disposition should it determine that the public interest would not be served by proceeding further, in which case the Commission will issue a public report stating with particularity its reasons for the dismissal. [Sec. 112.324(12), Fla. Stat.] 19 F. Statute of Limitations All sworn complaints alleging a violation of the Sunshine Amendment or the Code of Ethics must be filed with the Commission within five years of the alleged violation or other breach of the public trust. Time starts to run on the day AFTER the violation or breach of public trust is committed. The statute of limitations is tolled on the day a sworn complaint is filed with the Commission. If a complaint is filed and the statute of limitations has run, the complaint will be dismissed. [Sec. 112.3231, Fla. Stat.] VIII. EXECUTIVE BRANCH LOBBYING Any person who, for compensation and on behalf of another, lobbies an agency of the executive branch of state government with respect to a decision in the area of policy or procurement may be required to register as an executive branch lobbyist. Registration is required before lobbying an agency and is renewable annually. In addition, each lobbying firm must file a compensation report with the Commission for each calendar quarter during any portion of which one or more of the firm's lobbyists were registered to represent a principal. As noted above, no executive branch lobbyist or principal can make, directly or indirectly, and no executive branch agency official or employee who files FORM 1 or FORM 6 can knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. [Sec. 112.3215, Fla. Stat.] Paying an executive branch lobbyist a contingency fee based upon the outcome of any specific executive branch action, and receiving such a fee, is prohibited. A violation of this prohibition is a first degree misdemeanor, and the amount received is subject to forfeiture. This does not prohibit sales people from receiving a commission. [Sec. 112.3217, Fla. Stat.] Executive branch departments, state universities, community colleges, and water management districts are prohibited from using public funds to retain an executive branch (or legislative branch) lobbyist, although these agencies may use full-time employees as lobbyists. [Sec. 11.062, Fla. Stat.] Online registration and filing is available at www.floridalobbyist.gov. Additional information about the executive branch lobbyist registration system may be obtained by contacting the Lobbyist Registrar at the following address: Executive Branch Lobbyist Registration Room G-68, Claude Pepper Building 111 W. Madison Street Tallahassee, FL 32399-1425 Phone: 850/922-4987 IX. WHISTLE -BLOWER'S ACT In 1986, the Legislature enacted a "Whistle -blower's Act" to protect employees of agencies and government contractors from adverse personnel actions in retaliation for disclosing information in a sworn complaint alleging certain types of improper activities. Since then, the Legislature has revised this law to afford greater protection to these employees. 20 While this language is contained within the Code of Ethics, the Commission has no jurisdiction or authority to proceed against persons who violate this Act. Therefore, a person who has disclosed information alleging improper conduct governed by this law and who may suffer adverse consequences as a result should contact one or more of the following: the Office of the Chief Inspector General in the Executive Office of the Governor; the Department of Legal Affairs; the Florida Commission on Human Relations; or a private attorney. [Sec. 112.3187 - 112.31895, Fla. Stat.] X. ADDITIONAL INFORMATION As mentioned above, we suggest that you review the language used in each law for a more detailed understanding of Florida's ethics laws. The "Sunshine Amendment" is Article II, Section 8, of the Florida Constitution. The Code of Ethics for Public Officers and Employees is contained in Part III of Chapter 112, Florida Statutes. Additional information about the Commission's functions and interpretations of these laws may be found in Chapter 34 of the Florida Administrative Code, where the Commission's rules are published, and in The Florida Administrative Law Reports, which until 2005 published many of the Commission's final orders. The Commission's rules, orders, and opinions also are available at www.ethics.state.fl.us. If you are a public officer or employee concerned about your obligations under these laws, the staff of the Commission will be happy to respond to oral and written inquiries by providing information about the law, the Commission's interpretations of the law, and the Commission's procedures. XI. TRAINING Constitutional officers and elected municipal officers are required to receive a total of four hours training, per calendar year, in the area of ethics, public records, and open meetings. The Commission on Ethics does not track compliance or certify providers. Visit the training page on the Commission's website for up-to-date rules, opinions, audio/video training, and opportunities for live training conducted by Commission staff. A comprehensive online training course addressing Florida's Code of Ethics, as well as Sunshine Law, and Public Records Act is available via a link on the Commission's homepage. 21