7447-05
ORDINANCE NO. 7447-05
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CODE OF ETHICS TO
CONFORM TO THE STATE ETHICS CODE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Code of Ethics of the City of Clearwater is currently
inconsistent with the Florida Code of Ethics for Public Officers and Employees; and
WHEREAS, it is in the best interests of the City to promote consistency for
ease of interpretation of Ethics Code requirements; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Chapter 2, Division 3., Code of Ethics, is hereby amended as
follows:
Sec. 2.301. Code of Ethics.
The Florida Code of Ethics for Public Officers and Employees, provided by
general law, shall have full effect upon all employees and officeholders under the
City of Clearwater's municipal qovernment.
Sec. 2.301. St::1tement of purpose and policy.
The purpose of this division is to promote the welf::1re of the citizens of the city
through the adoption of a code of ethics to govern
all city officers and city employees, employed on either ::1 part time or full time
basis by the city. \^!ithin this frame'Nork, the gener::11 objectives of this division are
te-:
(1) Facilitate the proper operation of municip::11 government by providing officers
and employees 'Nho are independent, imp::1rti::11 ::1nd responsible to the people,
and able to make governmental decisions ::1nd formulate policy 'Nithin the
established channels of governmental structure;
(2) Ensure that public office or public employment not be used for unv.'::1rr::1nted
personal gain;
(3) Ensure that the fin::1nci31 interests of employees and public office holders
present neither ::1 conflict nor tho ::1ppearance of a conflict 'Nith the public trust;
Ordinance No. 7447-05
(4) Foster continued recognition of the concept that public employees ~md public
office holden~ are agents of the public and hold office or employment f{)r the
benefit of the public;
(5) Enhance public confidence in the integrity of its municipal government;
(6) Promote a recommitment to the concept that public employees and public
office holders are required to uphold the constitution of the United States, the
constitution of the state and the charter of the city, ~md are required to impartially
carry out and enf{)rce the laws of the nation, tho state and the city;
(7) Continue high moral standards in government;
(8) Reaffirm the policy of the city to adhere not only to the letter but to the intent
of the sunshine 13\\', F.S. S 286.011, and the public records laws, F.S. ch. 119.
To this end, there is hereby established a code of ethics for the city.
(Code 1980, S 23.01)
Sec. 2.302. Definitions.
The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Business entity means any proprietorship, partnership, corporation, association
or ~my organization 'Nhich is engaged in business.
City employee means any person employed by the city or any of its departments,
agencies, commissions, authorities or boards, whether on a full- or part-time
basis.
City officer means any person elected or appointed to any public office or public
body of the city, whether paid or unpaid and whether part- time or full-time.
Governmental body shall mean the city or ::my of its departments, agencies,
commissions, authorities or boards.
Immediate f-3mily of a person means one's spouse, and any child, parent,
grandparent, brother or sister, and the spouses of such persons.
(Code 1980, S 23.02)
Cross reference(s) Definitions and rules of construction generally, S 1.02.
Ordinance No. 7447-05
Sec. 2.303. Establishment.
The requirements set forth in this division shall constitute a code of ethics
establishing reasonable standards and guidelines for the ethical conduct of public
officers and employees of the city.
(Code 1980, S 23.03)
Sec. 2.304. Standards of conduct generally.
(1) No city officer or city employee shall:
(a) Accept or solicit anything of value, including a gift, loan, reINard, present,
business relationship, or promise of future employment from any person or
business entity 'A'hich is interested directly or indirectly in any transaction with the
city. The standard of conduct imposed by this subsection shall not apply to city
advisory board members. Eleoted city officers shall not be subject to that portion
of the standard of conduct set forth in this subsection relating to business
relationships. The standard of conduct imposed by this subsection shall not apply
to invitations or courtesies extended to city officers or employees on a group
basis.
(b) Use, in an effort to obtain financial gain for himself or others other than
compensation as provided by law, any inf{)rmation understood to be confidential
and received through the holding of public office or employment.
(c) Use or attempt to use one's official position or city property to secure any
advantage, privilege or exemption for one's self or any other person, or any
group or business entity.
(d) Represent any person, group or business entity bef{)re any governmental
body of the city. This standard of conduct shall not be construed to prevent an
officer or employee from appearing, without compensation, before any
governmental body of the city to express his personal views as a private citizen.
This section shall not be construed to apply to city officers or members of their
staffs 'Nhen performing those functions provided for by the charter or by
ordinance.
(e) Represent any group, person or corporation in any administrative
proceedings or litigation 'A'here a party thereto is the city, a governmental body of
the city, or a city officer or city employee exercising official duties. This standard
of conduct shall not be construed to apply to collective bargaining and
negotiation proceedings and activities permitted by F.S. ch. 447, and article 1,
section 6 of the state constitution. This section shall not be construed to apply to
city officers or members of their staffs 'Nhen performing these functions provided
for by the charter or by ordinance.
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(f) Request, use or permit the use of any city O'.vned or city supported property,
vehicle, equipment, I3bor or service f{)r the personal convenience or private
advantage of himself, a business entity or any other person. This section shall
not be deemed to prohibit a city officer or city employee from requesting, using or
permitting the use of such city owned or city supported property, vehicle,
equipment, material, labor or service which it is the general practice to make
available to the public at large or 'Nhich is provided as a matter of stated public
policy for the use of city officers and city employees in the conduct of official
business.
(2) Nothing in subsection (1) of this section shall be construed to prohibit
employees from accepting or soliciting donations on behalf of the city for a public
purpose. No promise of present or future benefit shall be made or implied in
exchange for such donation. All such activities must be authorized in advance by
the city manager.
(Code 1980, S 23.04; Ord. No. 6344 98, S 1, 11 5 98)
State la'...' ref-erence(s) Standards of conduct, F.S. S 112.313.
Sec. 2.305. Disclosure or use of certain information.
No city officer or city employee shall disclose or use information not available to
members of the general public and gained by reason of his official position for his
personal gain or benefit or for the personal gain or benefit of any other person or
business entity.
(Code 1980, S 23.05)
Sec.2.30e~. Disclosure of interest.
In any manner pending before a city employee or city officer or the governmental
body with which the officer or employee is associated, where such officer or
employee or a member of his immediate family or a business partner of such
officer or employee has a financial interest, direct or indirect, personal or
business, but distinct from the interest of the general public, the city officer or city
employee shall, prior to any deliberation on the matter, publicly disclose the
nature and extent of such interest in the official records of the governmental body
before which the matter is pending.
(Code 1980, ~ 23.06)
Sec. 2.307. Incompatible employment.
No city officer or city employee shall engage in private employment 'Nith or
render services for any person or business entity currently having business
Ordinance No. 7447-05
transactions '.A.'ith any city governmental body unless he first shall have made full
public disclosure of the nature and extent of such proposed employment or
services, and has secured the approval therefor of the city commission, in the
case of city officers, or of the appointing authority, in the case of city employees.
That portion of the standard of conduct imposed by this section relating to prior
approval shall not apply to elected city officers and city board members.
Sec.2.30~. Former city officer or city employee conducting business with public
body.
No former city officer or city employee shall represent a person or business entity
for compensation on any matter before the public qovernment body with which
he has been associated for two ooe-year~ after he leaves that body.
Sec. 2.309. Disclosure statement.
(1) In addition to the disclosure requirements under F.S. S 112.3145, the mayor
commissioner, the city commissioners, the city manager, all assistant city
managers, all administrative assistants to the city manager, the city attorney, all
assistant city attorneys, all department and division heads, the right of way
agent, and employees engaged in doing municipal purchasing shall prepare and
file 'Nith the city clerk, in affidavit f{)rm, a disclosure statement containing a listing
of, without reference to amount, each individual source of income, including
trusts, of the parties named in this section, each person's spouse and minor
children if any; any interect held by any of the individuals named in this section in
any business whether it be a partnership, corporation, proprietorship or holding
company; all real property whether o'tmed in whole or in part in the state by the
individuals named in this section or their spouses; and all liabilities, individually or
jointly, of the indi'.'iduals named in this section and their spouses in excess of
$1,000.00, excluding therefrom a home mortgage, motor vehicle or boat
mortgage and any retail charge accounts.
(2) E'.'ery city officer or city employee, required by this section to file a disclosure
statement, shall file such statement relative to the previous calendar year no later
than 12:00 noon of July 15 of each year, including the July 15 following the last
year he is in office. The first statement required by this section shall be filed
'Nithin 15 days of the date this division becomes effective. Succeeding
statements shall be filed on the date set out in this section. Every city officer or
city employee, mentioned in subsection (1) of this section who is appointed shall
file the required disclosure statement 'Nithin 30 days after the date of
appointment.
(3) In addition to any other penalty provided in this division, if any individual
designated by this section fails to comply '.".lith this section, such failure shall be
deemed nonfeasance in office.
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(4) The disclosure statements required by this section shall be public records
'Nithin the meaning of F.S. S 119.011.
Sec. 2.310. Civil remedy available.
(1) Violation of any of the provisions of this division, including but not limited to
any failure to file disclosures, in addition to any criminal penalty shall subject the
violator to a civil penalty not to exceed $5,000.00 or restitution of any pecuniary
benefits received because of the violation committed.
(2) The civil penalty provided for in this section shall be recoverable by and shall
accrue to the city in a civil action brought by the city.
Sec. 2.305. Offers of Gifts or Gratuities.
Employees will accept only authorized compensation for the performance of their
duties and will respectfully decline any offers of qifts or qratuities from any entity
doinq business with the City of Clearwater. The standard of conduct imposed by
this subsection shall not apply to invitations or courtesies extended to employees
on a qroup basis.
Sec. 2.306. Penalty for Violation.
The penalty for violation of the Code of Ethics shall be as provided by qeneral
law. The City Council may. by resolution. provide for procedures by which a
covered public official or employee may be removed from office for violation of
the above-mentioned Code of Ethics.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
July 21, 2005
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 4, 2005
4~;:~
~k V.. Hibbard
Mayor
Approved as to form:
JJ1J Akin
City Attorney
Attest:
Ordinance No. 7447-05