HomeMy WebLinkAboutCity of Tamarac Resolution R-1975-036This Resolution was
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.
A RESOLUTION DECLARING THE RESULTS OF THE
GENERAL ELECTION REFERENDUM ON AMENDMENT
TO THE CHARTER OF THE CITY OF TAMARAC
WHEREAS, a general election was held on March 4, 1975,
for the purpose of a referendum on Amendments to the Charter
of the City of Tamarac, and
WHEREAS, the City Council has accepted the results of
the Votomatic voting and absentee ballots as certified by the
Election Board.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That pursuant to Florida Statutes, Section
166.031, the following amendment is declared to have failed:
"SECTION 135 of ARTICLE XX of the Charter of the City of
Tamarac is hereby repealed and a new Section 135 of
Article XX of the Charter of the City of Tamarac shall read
as follows:
SECTION 135. NEPOTISM AND CONFLICT OF INTEREST PROHIBITED
SUBSECTION 1: Nepotism: The City shall not employ two
relatives, by blood or by marriage, for any positions in
the city government. For the purposes of the section,
"employ" means compensated^or uncompensated either as an
elected official,, officer_,„ or employee of the city or
member of an advisory board or commission.
No verson shall be emvloved in more than one office or
employment and no person shall be appointed _to_more than one
board or position within the city's service. Within the
meaning of the section, board or position includes advisor_,
board or boards however designated.
SUBSECTION 2: No elected_ official,_ officer_ or head of
department who has power or duty to employ or to recommend
as to employment or to promote or recommend as to promotion
shall acce t any employment relatinggto the business or
affairs of anX 2erson.firm or cor oration who are suIL ect
to regulation by My agency of the city. No elected official
officer, employee of the city. City Attorney, other employed
attorneys, City Engineer, or City Planner, member of any
board advisory board or committee or the employees of an
such, shall -be or become, directly or indirectly, interested
in any contract work or business or in the ^sale of an'
article, the expense, price or consideration of which is
paid -by -the city; or in the purchase or lease of any real
estate or other property belonging to, or taken,' by the
h - ,,. a rng city;� nor s all any person �n this section designated dui _.�._ .._._
the time for which he was elected appointed,_ or retained
acquire an interest in any contract with, or work done for
the _cityor in- any franchise right or _privilege granted
by the city.- _
SUBSECTION 3: No elected official officer, em to ee
of the City, City Attorney, other employed attorneys, City
Engineer or City Planner_ member of any board, advisory
board or committee or the employees, of any ssuch, shall
engage in an activity,employmentp'mor business or professional
work or enterprise or have economic_ interests which is
inconsistent, incompatible, -or in conflict with _his „duties
as an elected official officer, employee of the City.
City Attorney, other employed attorneys, City Engineer or
City_ Planner, member_ of any board, advisory board or committee
or the employees of any such orwith �the duties functions
and responsibilities of his powers, or the department,
office or agency by which he is employed, or the Council
board or commission of which he is a member.
SUBSECTION 4: No elected official, officer, employee of the
Cit-y,-City Attorney, other employed attorneys, Cit
Engineer or City Planner, member of any board, advisory
board or committee or the em.lo, ees of any such shall
wilfully, knowingly or recklessly disclose My information
concerning property, government or affairs of the City for
n the benefit orprofits of him _ _ _ , . self, or, others, unless a duty
to do so is im osed u on said person by law, nor shall that
erson use Any information obtained by him by virtue of his
office or -employment to advance the financial or other 2rivate
interest of himself or others.
SUBSECTION 5: No person who has _served as an elected
official officer, em to ee of the City,City Attorney,
other em21pyed attorneys, Cit
Engineer or CityPlanner,
_member_ of anv board, advisory board or committee or the
em to ees of My such shall within a period of one 1
ear after termination of such service or em210-ymentappear
before anv city board or agencv in order to represent anv
rivate interest.
SUBSECTION 6: No person who has served _oris serving as
an elected official officer, em to ee of the Cit-X. City
Attorney, otherem to ed attorneys, City Engineer or Cit
Planner member of any board advisory board or committee
or the em to ees of arry such shall ever receive an com-
pensation for any services rendered on behalf of an erson
firm cor oration or association with regard to any matter,
roc eding or application in which said elected official
officer, employee of the City. -City Attorney,other employed
attorneys, City Engineer or City Planner member of an
board advisory board or committee or the employees of an
such was concerned or which was under his or her active
consideration or with respect to which knowledge or
information was made available to said elected official,
officer, em loy ee of the City, City Attorne other
employed attorneys City Engineer or City Planner,
member of anyboards adv_isorT_boar_d_ or committee or
the employees of any such, during the period of service of
employment with the_ ,City,.
SUBSECTION 7: No elected official, _officer,_employee of
the City, City Attorney, other employed attorneys, City
Engineer__or City Planner, member of any board, -
advisory
board or committee or the employees of any such, may pass
judgment upon a matter which either, directly or indirect1,
affects a 2rivate party who is related by blood or b
marriages to the elected official, officer, employee of the
City,_ _City Attorney, other_ employed attorneys, City Engi-
neer -or City Planner, member of any board, advisory board or
committee_ or the employees of any_ such, which does not,
directly_ or indirectly,_ _affect _a substantial_ portion of
the residents_ of Tamarac_, or where the prohibited conflict
of interest_ is not revealed on _the _public record in ample_
time to excuse the prohibited_ pares from any of his duties
in relation_ to the prohibited matter.
SUBSECTION 8: No elected official, officer, employee of
the City, City Attorn2y, other employed attorneys, City
Engineer or City Planner, member of any board, advisory
employees of an such, shall be
board or committee or the em 1eYs „ ...,
deemed to have a conflicting interest in any „such contract,
work, business or sale awarded, entered into or authorized
b the Council a board or a commission of which he is a
member if he has only a remote _interest therein_ and the
fact of such interest is disclosed to the Council, board or
commission of which he is a member and noted in its official
records and the Council, board or commission authorizes,
approves or ratifies the contractin good faith by a vote of
its membership sufficient for the purpose without counting
the vote or votes of the Councilman, -officer or member with
the remote interest. As used in this section "remote
interest" shall include the ownership of less than five
(5� percent of the shares of a corporation for profit.
It shall be deemed a conflict of interest for an
member of the three elective bodies to remain as officer of
a_civic organization or a non-profit corporation after he
has taken his oath and taken his seat on said board.
-employees_„ f the City
As to all other officers, ohe Cit ,_ ,..
Attorney, City Planner, member of board advisory board
planninx and zoning boards or boards of ad'ustment it shall
be deemed to be a remote interest to be a non -salaried
officer of a civic organization or non-profit corporation if
said remote interest is disclosed to the board of which he
is a member and noted in its official records and if said
member refrains from voting -on any matter affecting the
organization of which he is in office.
SUBSECTION 9: No elected official, officer, head of
department, member of any advisory board however designated,
or employee shall_ use any power,_ privilege or responsi-
bility in any way appertaining to his office or tMployment
for his advantage, financially or otherwise or that of
any member of his family.
SUBSECTION 10: No elected official, employee, member of
any Board, City Attorney, City Engineer, City Planner,
etc. shall receive, directly or indirectly, any comp_ensa-
tion,- reward or gift of even nominal value from _any
source exce t compensation from the City for any service
advice assistance or other matter related to the overn-
mental processes of the Cif.
SUBSECTION ll: Any person violating any of the 2rovisions
of this amendment shall be guilty of a misdemeanor; said
violations shall also constitute official misconduct.
or cause for dismissal from employment or removal from
office and shall subject the violator to the proceedings
and penalties hereinafterrovided.
SUBSECTION 12: The Council or the Charter Board or any
resident or group of residents of the City may bring a
suit to compel compliance with the__provisio_ns of this
amendment.
SUBSECTION 13: It shall be the duty of every elected
official. officer. emvlavee of the City, Citv Attorne
other employed attorneys, City Engineer or City PlannerL
member of any board, advisory board or committeeor the
employees of any such, who shall have knowledge_ of any_
violations of the provisions of this amendment immediately
to report such violation to the Council and to the Charter
Board.
SUBSECTION 14: This amendment shall have no retroactive
application."
I HEREBY CERTIFY as to
the form and correctness of
this Resolution.
RECORD OF COUNCIL VOTE
JI - D. JOHNMON
(,M - 0. TUCKER I Aw I
C/W E. I_ANGF
C/W H. MASSARO
C/M M. GLIr.KSMAN I _„
1975.