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HomeMy WebLinkAboutCity of Tamarac Resolution R-1975-036This Resolution was introduced by Temp. # -3/1-/- CQk&C>xWAA) but"Ae t% 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amendment is declared to have failed: "SECTION 135 of ARTICLE XX of the Charter of the City of Tamarac is hereby repealed and a new Section 135 of Article XX of the Charter of the City of Tamarac shall read as follows: SECTION 135.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.