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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1976-005r' r ORDINANCE was introduced by Temp. No. 343 Councilman Oscar L. Tucker. Revised 12/12/75 11R176 CITY OF TAMARAC, FLORIDA ORDINANCE NO. % - AN ORDINANCE RELATING TO CONFLICTS OF INTEREST AND NEPOTISM CONCERNING ELECTED AND APPOINTED OFFICERS, AND EMPLOYEES OF THE CITY; DEFINING THE NATURE OF CONFLICTS OF INTEREST AND PROHIBITING CERTAIN PRACTICES INVOLVING CONFLICTS OF INTEREST AND PROVIDING FOR THE ENFORCEMENT THEREOF; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council after due consideration has determined that in the best interest of the safety, health, and general welfare of the people of the City, certain practices involving conflicts of interest and nepotism should be defined and prohibited, and WHEREAS, the City Council has determined that proper enforcement against such prohibited practices is a fair and reasonable exercise of its police powers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE City of Tamarac, Florida: SECTION 1: Short Title. The short form by which this ordinance shall be known shall be "The Tamarac Conflict of Interest Ordinance." SECTION 2: Definitions. (a) The term "Officer or Employee" as used in this ordinance, unless the context indicates otherwise, shall mean: "any elected or appointed official, any employee of the City, the City Attorney, other employed attorneys, the City Engineer, the City Planner, members of any board, commission or committee or the employees of any such." (b) The term "nepotism" shall mean the prac- tice of any officer or employee who has the power and duty to appoint, promote, or increase compensation, exercising favoritism in respect to the appointment, promotion or increase in compensation of a rela- tive by blood or marriage. 2. SECTION 3: Nepotism. Any officer and/or employee who shall appoint or promote any relative related by blood or marriage to any office or employment in the City service or increase the compensation of such relative, shall be in violation of this ordinance. Such appointment, promotion or increase in compensation shall be null and void and any such willful violation shall constitute cause for dis- missal or removal of the officer or employee ordering such appointment, promotion or increase in compensation. SECTION 4: Holdin more than one office or employment. No person shall be employed in more than one office, Board or position within the City service. The term "employed" as used herein shall mean compensated or uncompensated service either as an elected or ap- pointed officer or employee or as a member of an advisory Board or Commission. However, any officer or employee shall be authorized to serve concurrently ex officio on any permanent Board or Committee or on any temporary commission or committee created for the purpose of specific study and report such as a Charter Review Commission, Feasibility Committee or any similar temporary commission or committee. SECTION 5: Prohibited interests in contract, purchase, franchise. No officer or employee shall: accept any employment relating to the business or affairs of any person, firm or corporation, subject to regulation by any agency of the City, which employment is incompatible or in conflict with his official duties as such officer or employee; be or become, directly or indirectly interested in any contract, work, or business, or in the purchase or sale of any article, the expense, price or consideration of which is paid or received by the City; be or become directly or indirectly interested in the purchase or lease of any real estate or other property belonging to, or taken, by the City; or acquire an interest in any contract with, or work done for the City, or in any franchise, right or privilege granted by the City. - SECTION 6: Incompatible Financial Interest. No officer or employ- ee shall be or become financially interested, directly or indirectly, in any activity, employment or business or professional work or enter- prise or have economic interests which are inconsistent, incompatible, or in conflict with his duties, functions and responsibilities as such officer or employee. 9 SECTION 7: Confidential Information. No officer or employee shall wilfully, ancVor prematurely disclose any confidential information concerning property, government or affairs of the City pursuant to a plan or conspiracy to obtain profit for himself or others. SECTION 8: Representation of Private Interest. No officer or employee shall within a period of two (2) years after termination of such service or employment appear before any city board or agency as a representative of any private interest. SECTION 9: Unauthorized Compensation. No officer or employee shall receive any compensation or gift or subsequent employment for any services rendered on behalf of or knowingly beneficial to any person, firm, corporation or association with regard to any matter, proceeding or application in which said officer or employee was concerned, or which was under his or her active consideration, or with respect to which knowledge or information was made available to said officer to employee during the period of service or employ- ment with the City. SECTION 10: Judgment Affecting Relative. No officer or employee may pass judgment upon a matter which either, directly or indirectly, affects a private party who is related, by blood or by marriage, to such officer or employee. SECTION 11: Remote Interest. An officer or employee shall be deemed not to have a conflicting interest in respect to any contract, work, business or sale, entered into, awarded or authorized by the Council, a board or a commission of which he is a member if he has a remote interest therein and the fact of such interest is disclosed to such Council, board or commission and noted in its official records and the Council, board or commission authorizes, approves or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote of the Council, board or 15 commission member having such remote interest. As used in this section, "remote interest" shall include: (1) Ownership of less than three (30) percent either of the shares of a corporation for profit or as financial interest in an unincorporated business; or (2) Being a non -salaried officer or director of a civic organization or non-profit corporation. SECTION 12: Transactions Affecting Relatives. No officer or employee shall use any power, privilege or responsibility in any way appertaining to his office or employment for his advantage, financially or otherwise, or that of any member of his family or a relative by blood or marriage. SECTION 13: Prohibition of Gifts. No officer or employee shall receive, directly or indirectly, any compensation, reward or gift of even nominal value from any source except compensation from the City for any service, advice, assistance or other matter related to the governmental processes of the City. SECTION 14: Duty to Report. It shall be the duty of every officer or employee of the City who shall have knowledge of any violations of the provisions of this ordinance immediately to report such violation to the Council and to the Charter Board. SECTION 15: Violations. Any person wilfully violating any of the provisions of this ordinance shall be guilty of a misdemeanor and may be fined in an amount not exceeding Five Hundred ($500.00) Dollars; said violation shall also constitute official misconduct which shall be cause for dismissal from employment or removal from office. SECTION 16: Enforcement by Suit. The Council or the Charter Board or any resident or group of residents of the City may bring any appropriate suit to compel compliance with the provisions of this ordinance. •y 5. SECTION 17: Severability. Should any section or provision of this amendment or any portion thereof or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof other than the part declared to be invalid. SECTION 18 Effective Date - No Retroactivity. This Ordinance shall become effective immediately upon its final passage, however, it shall have no retroactive application. PASSED FIRST READING this PASSED SECOND READING this PASSED THIRD READING this ATTEST : _ -_-- + r day o f 19 - 5 r RECORD OF COUNCIL VOTE -ETY CLERK Date Mayor Johnson V/M Glicksman 14 I HEREBY CERTIFY that I have Councilman Tucker approved the form and correct- Councilwoman Massaro f, 4 ness of this Ordinance. Councilman FalckW --r�-e- d-cy, 111Y ATTORN I