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1969-634s; ORDINANCE NO. 2 -69 -634 AN`ORDINANCE PROMULGATING.K`d&D OF ETHICS__ FOR THE'OFFICIAIS AND EMPLOYEES OF THE CITY OF SOUTH MIAMI, FLORIDA; ADOPTING A SECTION 112.319 FLORIDA STATUTES PART III OF CHAPTER 112; PROVIDING PENALTIES FOR?THE VIOLATION THEREOF; AND EXPRESSING INTENT IN CONNECTION HEREWITH. BE IT ORDAINED BY THE MAYOR -AND CITY COUNCIL OF CITY OF SOUTH MIAMI, FLORIDA: Section -l. That the Code of Ordinances of the City of South Miami,- Florida, be`and the same hereby is amended by adding thereto Chapter 1A, and adopting a section 112.319 Florida Statutes Part III of Chapter 112, to -wit: CHAPTER IA CODE OF ETHICS Sec. 1A -1. Declaration of Policy. The public judges its government by the way public officials and employees conduct themselves `in the posts to which they are elected or appointed. The pe o p le have a ri §ft to ex' p ect that every public official and employee will conduct himself in a manner that will `tend'to' preserve public confidence in and respect for the government he represents. Such confidence and respect can best be promoted if every public official and employee, whether paid of unpaid, and.whether elected or appointed, will uniformly (a) Treat all citizens with courtesy, impartiality, fairness and equality under the law; and (b) Avoid both actual and potential conflicts between them private self- interest and the public interest. To help public officials and employees achieve these goals is one of the objectives of this Code. Sec. 1A -2. Definitions. The terms used in this Code are hereby defined as follows: i Official or Emuloyee. Any person elected or appoi.nted`- to, --or employed'or- retained by, any public office or public body of the municipality, whether paid or unpaid and whether part--time or full time. Municipality. The local governmental unit under which the official or employee is functioning. Pub'ftc'Body. Any agency, board, body, commission, committee, department -or office of the municipality. Fitiancial'Interest. Any interest which shall yield, directl o'r indirectly, monetary or ,other material benefit (" -t ` y y other than the dulonaith'ori zed salary' "or compensationfor his services to the municipality) to the official or employee or to any person em- ploying or retaining the services of the - official or employee. Personal ` =li'terest. Any interest arising 'froin -blood or marriage relationships "`or "from close business or political association whether or not any financial interest is involved. Sec. 1A -3. Fair and Equal Treatment. I (a) Impartiality. No official or employee shall request, use or pe'r'mit the use of, any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to the public at large. (b) Use of Public Prop'e'rty. No official or employee shall request, use or permit th'e'-use of, any publicly- owned or publicly - supported property, vehicle, equip- ment, material, labor or service for the personal con- venience or the private advantage of himself or of any other person. This rule shall not be deemed to prohibit an offci al or employee from requesting, us'i'ng or 'per - mitting'the 'u'se of such publicly -owned or publicly, supplied property, vehicle, equipment, material, labor or service wliich'it is the general practice to make available to the public at large or which are provided as a matter of stated public policy for the use of officials and employees in the conduct of official business. Sec. lA 74. Conflict of Interest. (a) Financial or Personal Interest. No official or employee, either on his own behalf or on behalf of -2- ORDINANCE NO. 2 -69 -634 any other `k`" `" interest in anynbusinesshoretransactionlwithranyrpublic body in the municipality unless he shall first make full public disclosure of the nature and extent of such interest. (b) Dis'6l0`-sure and Disqualification. Whenever the performance of his--of'-f-16 lal duties shall require any official or employee t'o`d`eliberate and vote on any matter involvi g his''fi nancial or "personal interest, he shall -publicly `disclose the nature and dkt: t "of such interest and disqual "fy himself from pa'rticipat- irig `in the deliberations as well as in the voting. .., members of the P Elected' officials aii'd fanning. Boa rd shall file with "the "Clerk a list of real `property in which they have a legal and /or'equitable interest, and within 30 days any changes thereto. (c) I' olnpat ble - Emulovir&nt. No official or em- ployee shall d a e h ' private employment with, or render service for, any private person who has business transactions with any public body of the municipality unless he shall first make full "public disclosure of the nature and extent of such employment or services. (d) Represen'tation`tof ` 3hVate "Pe°r'sons. No official i or.empl'oyee shall use 'or attempt to use his official position to 'secure special privileges or exem t "ions -for himself or others except as may be otherwise provided by law. ' (e) Gifts and Favors. No official or employee shall accept any Sift, whether in the form of money, t'. thing, favor, loan or -promise, thae'would'not be offered or given to him, if he were not an official'or employee. nom; � �.,, (f) Confide ntiah Information. No official or employee shall, without `prior formal authorization of the public body having jurisdiction, disclose any con- fidential information concerning any other offic'ial`or employee, or any other' person, or any property or gov- ernmental affairs of the municipality. Whether or not it shall involve disclosure, no official or employee shall use or permit the use of any such confidential information to advance the financial or personal interest,of himself or any other person. Sec. 1A -5. Adoption of State Statute That, pursuant to the authority of Sec. 112,319, Florida Statutes, Part III of Ch "apter 112, Florida -3- ORDINANCE NO. 2 -69 -634 4 Statutes, is hereby adopted and made applicable to employees of -the City of South - Miami. To the extent p Part III­ cif Ct apter`_1I2- that the- rovisions�ofti Florida Statutes, conflicts with other provisions hereof the statute shall control. Section 2. That any person, persons, fii1hG partnership or corporation violating any of the provisions of this ordinance shall, upon conviction, be punished by a fine not to exceed $500.00, or by imprisonment not to exceed six months, or by both such fine and imprisonment in the discretion of the Municipal Judge. The penalty or�--penalties imposed herein are not ex- cl 'usive` remedies under Sec. lA -S, and 'any and' -all statutory penalties or forfeitures shall -be applicabie. Section 3. It is the intent that this ordinance be perman- ent in nature and shall be included in the Code of 'Ordinances of the City of South Miami, Florida, and the sections hereof may be renumbered for such purpose. PASSED and ADOPTED this 21 day of January 1968. /6 Mayor ATTEST: r'" City C1 rk -4- ORDINANCE NO. 2 -69 -634