1637
ORDINANCE NO. 1637
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
OF THE CODE OF ORDINANCES OF THE CITY OF CLEAR-
WATER, FLORIDA, 1962, TO ESTABLISH A CODE OF ETHICS
FOR CITY OF CLEARWATER OFFICERS AND EMPLOYEES
EMPLOYED ON EITHER A PART TIME OR FULL TIME BASIS;
TO PROVIDE DEFINITIONS; TO SET FORTH STANDARDS
AND GUIDELINES FOR THE ETHICAL CONDUCT OF PUBLIC
OFFICERS AND EMPLOYEES OF THE CITY OF CLEARWATER;
TO SET FORTH REQUIREMENTS FOR FILING AN ADDITIONAL
DISCLOSURE STATEMENT IN ADDITION TO ANY REQUIRED
BY STATE STATUTES, THE DATE FOR SO FILING AND THE
PENALTY FOR FAILURE'TO DO SO; TO PROVIDE BOTH CIVIL
PENALTY AND CRIMINAL PENALTY FOR FAILURE TO
COMPLY HEREWITH; PROVIDING FOR REPEAL OF ORDI-
NANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH
TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR THE
SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING
FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND
PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Chapter 2, Administration, of the Code of Ordinances of
the City of Clearwater, Florida, 1962, is hereby amended to add thereto
new Sections 2-40 through 2-51, to read as follows:
Section 2-40. Code of Ethic a. Statement of Purpose and Policy.
The purpose of this Code is to promote the welfare of the
citizens of the City of Clearwater through the adoption of a'
Code of Ethics to govern all City officers and City employees,
employed on either a part time or full time basis by the City
of Clearwater. Within this framework, the general objectives
of this Code are as follows:
(a) To facilitate the proper operation of municipal government by
providing officers and employees who are independent, im-
partial and responsible to the people, and able to make
governmental decisions and formulate policy within the
established channels of governmental structure.
(b) To insure that public office or public employment not be used
for unwarranted personal gain.
(c) To insure that the financial interests of employees and public
office holders present neither a conflict nor the appearance of
a conflict with the public trust.
(d) To foster continued recognition of the concept that public
employees and public office holders are agents of the public
and hold office or employment for the benefit of the public.
Ord. #1637
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(e) To enhance public confidence in the integrity of its
municipal government.
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(f) To promote a recommitment to the concept that public , ,.-.,.? rk J.?, s• 1
employees and public office holders are required to uphold
the Constitution of the United States
the Constitution of the '.•,' ?y -: ,''.J :xfi,',?'? `?` fly 1 :' :.
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State of Florida and the Charter of the City of Clearwater
and are required to impartially carry out and enforce the "#? '
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laws of the Nation, the State of Florida and the City of ,
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Clearwater, Florida.
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(g) To continue high moral standards in government.
h To reaffirm the policy of the City of.Clear ate to adhere
not only to the letter but to the intent of the Sunshine ;;rY,
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Law (Chapter 286, Florida Statutes) and the Public Records ?
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Law (Chapter 119, Florida Statutes). -
To this end, there is hereby established a Code of Ethics for the
City of Clearwater. `j
Section 2-41. Code of Ethics'--Definitions.
When used in this ordinance:
(a) Business entity means any proprietorship, partnership,
corporation, association, or any organization which is
engaged in business.
(b) City employee means any person employed by the City of
Clearwater or any of its departments, agencies, commissions,
authorities or boards, whether on a full or part time basis.
(c) City Officer means any person elected or appointed to any
public office or public body of the City of Clearwater, whether
paid or unpaid and whether part time or full time.
(d) Governmental Body shall mean the City of Clearwater or any
of its departments, agencies, commission, authorities or
boards.
(e) Immediate family of a person means one's spouse, and any
child, parent, grandparent, brother or sister, and the spouses
of such persons.
Section 2-42. Code of Ethics--Establishment.
The requirements set forth in the following sections shall constitute
a Code of Ethics establishing reasonable standards and guidelines
for the ethical conduct of public officers and employees of the City
of Clearwater.
Section 2-43. Code of Ethics--Standards of Conduct.
No City officer or City employee shall:
(a) Accept or solicit anything of value, including a gift, loan,
reward, present, business relationship, or promise of
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future employment from any person or business entity
which is interested directly or indirectly in any transaction
with the City of Clearwater. The standard of conduct imposed
by this paragraoh shall not apply to City of Clearwater advisory
board members, Elected City officers shall not be subject to
that portion of the standard of conduct set forth in this paragraph
relating to business relationships. The standard of conduct
imposed by this paragraph 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 information
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 before any
governmental body of the City of Clearwater. 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 of Clearwater 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 when performing those functions provided for by the
City Charter or by ordinance;
(e) Represent any group, person or corporation in any administrative
proceedings or litigation where a party thereto is the City of
Clearwater, 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 Chapter
447, Florida Statutes.' and Article 1, Section 6 of the Florida
Constitution. This section shall not be construed to apply to
City officers or members of their staffs when performing these
functions provided for by the City Charter or by ordinance;
(f) Request, use or permit the use of any City-owned or City-
supported property, vehicle, equipment, labor or service for
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 which is provided as a matter of stated public policy for
the use of City officers and City employees in the conduct of
official business.
Section 2-44. Code of Ethics--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.
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Section 2-45. Coda of Ethics--Disclosure of Interest. ,
In any matter pending before a City employee or City officer ?.. ?;•ri
or the governmental body with which the officer or employee
is associated where such officer or employee or a member of
his or her 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 an 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.
Section 2;.46. Code of Ethics--Incompatible Employment.
No City officer or City employee shall engage in private employment
with, or render services for any person or business entity currently
having business transactions with 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 paragraph relating to prior
approval shall not apply to elected City officem and City of Clearwater
board members.
Section 2-47. Code of Ethics-..Former City officer or City
employee contact.
No former City officer or City employee shall represent a person
or business entity for compensation on any matter before the public
body with which he has been associated-for one year after he leaves
that body.
Section 2-4$. Code of Ethics-.-Disclosure Statement.
(a) In addition to the disclosure requirements under Florida Statute
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 with the City Clerk of the City of Clearwater,
in affidavit form, a disclosure statement containing a listing of,
without reference to amount, each individual source of income,
including trusts, of the parties named herein, each persons' spouse
and minor children, if any; any interest held by any of the individuals
named herein in any business whether it be a partnership, corporation,
proprietorship or holding company; all real property whether owned
in whole or in part in the State of Florida by the individuals named
herein or their spouses; and all liabilities, individually or jointly,
of the individuals named herein and their spouses in excess of
$1, 000. 00, excluding therefrom a home mortgage, motor vehicle
or boat mortgage and any retail charge accounts.
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(b) Every City officer or City employee, required by this ordinance
to file a disclosure statement, shall file such statement treating
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the previous calendar year no later than 12;00 noon of July 15 of
each year, including the July 15th following the last year he is in
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office. The first statement required by this ordinance shall ,
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be filed within fifteen (15) days of the date this ordinance becomes ...;,;• ,
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effective. Succeeding statements shall be filed on the date ?
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set out herein. Every City officer or City employee, mentioned
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In Sub-section (a) of this Section, who is appointer' :zhall file the ;; • ' !_
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required disclosure statement within thirty (30) days after the -;;T j: ``'' :;;-• ,; .
date of appointment.
(c) In addition to any other penalty provided herein, in the event E . ,
any individual designated by this section fails to comply with
this said Section 2-46, such failure shall be deemed nonfeasance 1
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in office.
Section 2- 49. Code of Ethics--Public Records.
The disclosure statements required by Section 2-48 shall be public
records within the meaning of Florida Statute 119. 011.
Section 2-50. Code of Ethics--Civil Remedy Available.
Violation of any of the provisions of this ordinance, 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 Five Thousand Dollars ($5, 000. 00) or restitution of any
pecuniary benefits received because of the violation committed.
The Civil penalty provided for in this Section 2..50 shall be
recoverable by, and shall accrue to, the City of Clearwater in a
civil action brought by the City.
Section 2-51. Code of Ethics--Criminal Penalty.
Any person who shall violate any provision of this ordinance shall
be subject, upon conviction in a court of competent jurisdiction,
to a. fine not exceeding the sum of Five Hundred Dollars ($500.00),
or imprisonment in jail for a period not to exceed sixty (60) days,
or by both such fine and imprisonment.
Section 2. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 3. Should any part or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
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Section 4. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with. Chapter 166. 041, Florida Statutes.
Section'5. This ordinance shall become effective immediately upon
its passage.
PASSED ON FIRST READING October 21, 1976
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AMENDED November 4 1976
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CLEAJtWATER SUN
'^4}. Published Dally
Clearwater. Pladlas County. Florida
STATE OF FLORIDA
_S`s?• cotTm,, or PINXLLAS:
Before the undersigned authority personally appeared W. Paul Harris. who es
?oath on" that be Is the Business Manager of the Clearwater Sun, a daily newspaper
r St_ published at Clearwater In Pinellas County, rtorldat that the attached copy of
Notice off,,PrRP4.s?4?i r ?rl,asw#am?t?t..of.
*•???I ; advertisement, being a ............ ,
ordinance In the matter of
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Ordinance No. 1637
................ .......... r..........................
............. X was published In
Qfr'f'rP.??Q7; ......... • .. • • .. • .
said newspaper in the issuer of ...... 197..0 ..
R • r • , . , says that the sold Clearwater Sun Is a newspaper published at
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ALliant further Clearwater, In sold Pinellas County, Florida. and that the said newspaper has
! _F' heretofore been continuously published in said Pinellas County, Florida, each day and
r' has been entered as second class mail matter at the post office in Clearwater, in said
y, Florida, for a period of one year next preceding the first publication o
Pinellas Count
the attached copy of advertisement= and alliant furthers he bas ne her paid
nor promised any person, firm or corporation aay discou t commis to er refund
tar the purpose at securing this advertisement for p ca In the newspaper.
sworn to and subscribed before me
this lath..... day of 03::tQbelx. , , , ,. A.D. is. 76 HOiARY PUVLIC. SIAIE of FLORIDA It LARGE
MY =41flJSSiOR EXPIRES WY 13, 1911
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j (BEALj Notary Public
CS-309
CLEISWATER SUN
Published Daily
Clearwater. Pinellas county. Florida
STATE or FLORIDA
COUNTY of PINiLLAii
Before the undersigned authority personally appeared W. Paul Hwdj, who on
oath sail that k• Is the Business Manager of the Clearwater Sun, a daily newspaper
published at Qsarwatq in Pinellas County, rlorldai that the attached Copy el
advertlsemeal, being a .....
.,....., .. ............... In the matter of
.;,,,,Ordinance No. 1637
...............................
i .................. X7*Xt%3i, was published In
Said newspaper In the issues Of .,H9Y ?x .fir? `?6 ................ I........
................ ............................................
Alfiant further says that the said Clearwater Sun Is a newspaper published at
Clearwater. In said Pinellas County, Flarlda, and that the said newspaper bas
heretofore been continuously published In said Pinellas County. Florida, each day and
has been entered as second class mail matter at the post office in Clearwater, in said
publication of
Pinellas County, Florida, for a period of one year next pre®ru
the attached copy at advertisement; and afflant further s neither paid
nor promised any person, firm or corporation any discountslan a tund
for the purpose of securing this advertisement for publlcid • r.
..
Sworn to and lubscribod befor
e me
this ..... QV e>r :: A.D. it...76 NOTARY PUT 51-10, STATE o' F14! IDA tit L1
i.:RY 13. 1077
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eclaa.•n Tnla? M..Y11: ^• t "'L:P,Ip not:HC? f
(lfEJIL?' Notary Public
CS-309'
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