Jax Ethics Code

It is declared to be the policy of the City of Jacksonville that all officials, officers and employees of the City of Jacksonville and its independent agencies are public servants of the people and hold their positions for the benefit of the public, and that imposing ethical standards upon officials, officers, and employees of all of these agencies serves an important public purpose and serves the public welfare. These public servants shall perform efficiently and faithfully their duties under the laws of the federal, state, and local governments. Such officers and employees shall strive to meet the highest standards of ethics consistent with this Code, regardless of personal considerations, recognizing that maintaining the respect of the people must be their foremost concern. This Code shall serve not only as a basis for discipline of public servants who violate these provisions, but also as an aspirational guide for conduct.

The City of Jacksonville consolidated in 1968 in an attempt to create a more responsible government. Since that time, various provisions from state and local law have been created or adapted to guide the ethical behavior of local public servants. This Code coordinates existing laws, adds new provisions outlining guidelines for appropriate behavior, and includes new substantive provisions which impose higher standards and expectations on public servants. Although the people of Jacksonville have learned from and responded to past mistakes, there should be an aspiration to much higher standards.

Ethics is defined as the study of the general nature of morals and moral choices to be made by the individual in his or her relationships with others. Ethics is more than the avoidance of criminal behavior. It is a commitment for public servants to take individual responsibility in creating a government that has the trust and respect of its citizens. There needs to be a proactive approach in strengthening the emphasis on ethics and in guiding City officers and employees in upholding them. To preserve and maintain the integrity of responsible government and its decision-making process, the City of Jacksonville believes it is necessary that the identity, activities and expenditures of certain persons who engage in efforts to influence officers and employees of the City on matters within their official cognizance, either by direct communication or by solicitation of others to engage in such efforts, be publicly and regularly disclosed. The provisions and requirements of this Code shall apply to every person who attempts to influence government action, unless such person is clearly exempt herefrom by an express provision hereof.

With the above in mind, the City of Jacksonville hereby adopts the following goals for the City ethics program:

(a) Promulgate and implement a comprehensive approach to ethics and integrity in Jacksonville government.

(b) Promote public confidence in public officers and employees and the ethical operation of government.

(d) Centralize laws and regulations on the ethical conduct of City officers and employees.

(e) Heighten knowledge and understanding of the laws and ethical principles which are the inherent obligations of City officers and employees.

(f) Establish a system to train City officers and employees to encourage compliance with these standards and to also provide for periodic review, education and certification on ethics.

(g) Enact an Ethics Officer system that will continue to evolve and update our City's ethics program and to provide guidance and education to all City departments.

(h) Educate City officers and employees to avoid the appearance of impropriety.

Through this comprehensive code and the above-stated goals, the City will strive to elevate the level of ethics in local government, to provide honest and responsible service to the citizens of Jacksonville, and to maintain the confidence and trust of the public that this government serves.

(Ord. 97-890-E, � 1; Ord. 2008-839-E, � 1)

PART 2. DEFINITIONS

Sec. 602.201. Definitions.

For purposes of this Chapter, the words and phrases defined in this Section shall have the following meanings:

Agency means any office, department, board, commission or other division of the City of Jacksonville.

Appointed employee means a person holding one of the following public positions:

(1) Executive branch employees, appointed by the Mayor or by Constitutional Officers and confirmed by the Council;

(2) Any other person appointed by the Mayor or by Constitutional Officers, except persons employed solely in maintenance, clerical, secretarial or similar positions; the Mayor, working in coordination with the Constitutional Officers shall, on July 1 of each year, provide a list of appointees who qualify as "Appointed Employees" to the Office of Ethics, Compliance and Oversight.

(3) Any person appointed by the City Council, except persons employed solely in maintenance, clerical, secretarial, or similar positions; the Council Secretary shall, on July 1st of each year, provide a list of appointees who qualify as "Appointed Employees" to the Office of Ethics, Compliance and Oversight.

(4) The executive director or chief executive officer of any agency.

Appointed official means any person appointed to any board, commission, or authority.

Business entity means a corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual or trust, whether fictitiously named or not, doing business in the City.

City means the Consolidated City of Jacksonville.

Civil service employee means any individual, other than an individual exempted by Section 17.06, Charter of the City of Jacksonville, receiving compensation for services performed for the City, except individuals performing services as independent contractors.

Code means the Jacksonville Ethics Code, Chapter 602, Ordinance Code.

Compensation, as used in Sections 602.801-803, Jacksonville Ordinance Code, means any payment received or to be received by a lobbyist for the performance of lobbying activities, whether the compensation is in the form of a fee, salary, retainer, forbearance, forgiveness, or other form of valuable recompense, or any combination thereof.

Elected official means any individual elected to any office created by the Charter of the City of Jacksonville.

Employee means any individual, other than an elected official, receiving compensation for services performed for the City except individuals who perform services as independent contractors.

Entire consolidated government shall mean and include the executive and legislative branches, as well as the Sheriff, Property Appraiser, Supervisor of Elections, Tax Collector, Clerk of the Circuit Court and County, and all independent agencies of the City including, but not limited to, the Duval County School Board, JEA, Jacksonville Port Authority, Jacksonville Aviation Authority, Jacksonville Police and Fire Pension Board of Trustees, Jacksonville Transportation Authority, Jacksonville Housing and Community Development Commission, Jacksonville Housing Finance Authority and the Kids Hope Alliance.

Ethics commission means the Jacksonville Ethics Commission.

Executive department means a department of the City as defined in Section 21.101(a), Ordinance Code.

Gift:

(1) Gift means that which is accepted by a donee or by another on the donee's behalf, or that which is paid or given to another for or on behalf of a donee, directly, indirectly, or in trust for his or her benefit or by any other means, for which equal or greater consideration is not given. Among other things, a gift may be:

(i) Real property;

(ii) The use of property;

(iii) Tangible or intangible personal property;

(iv) The use of tangible or intangible personal property;

(v) A preferential rate or terms on a debt, loan, goods, or services, which rate is below the customary rate and is not either a government rate available to all other similar situated government employees or officials or a rate which is available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin;

(vi) Forgiveness of indebtedness;

(vii) Transportation, other than that provided to a public officer or employee by an agency in relation to officially approved governmental business, lodging or parking;

(viii) Food or beverage;

(ix) Membership dues;

(x) Entrance fees, admission fees, or tickets to events, performance or facilities;

(xi) Plants, flowers, or floral arrangements;

(xii) Services provided by persons pursuant to a professional license or certificate;

(xiii) Other personal services for which a fee is normally charged by the person providing the services;

(xiv) Any other similar service or thing having an attributable value not already provided for in this Section.

(2) Gift does not include:

(i) Salary, benefits, services, fees, commissions, or expenses associated primarily with the donee's employment or business, or provided to the donee as part of the donee's bona fide fact finding efforts on behalf of his or her agency, or provided to the donee by the City, and does not include gifts provided by the City or any governmental agency, to the extent that such gift is not inconsistent with the applicable provisions of F.S. � 112.3148;

(ii) Contributions or expenditures reported pursuant to F.S. Ch. 106, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party;

(iii) An award, plaque, certificate, or similar personalized item given in recognition of the donee's public, civic, charitable, or professional service;

(iv) An honorary membership in a service or fraternal organization presented merely as a courtesy by such organization;

(v) The use of a public facility or public property, made available by a governmental agency, for a public purpose;

(vi) Transportation provided to an officer or employee by an agency in relation to officially approved governmental business.

(vii) Gifts provided directly or indirectly by a state, regional or national organization which promotes the exchange of ideas between, or the professional development of, governmental officials, officers, or employees, and whose membership is primarily composed of elected or appointed officials, officers, or staff, to members of that organization or officials, officers, or staff of a governmental agency that is a member of that organization.

(viii) Gifts solicited or accepted from a relative, as that term is defined in F.S. � 112.312(21).

(3) For purposes of Section (1) above, intangible personal property means property as defined in F.S. � 192.001(11)(b).

Independent agency means the Duval County School Board, the Jacksonville Transportation Authority, the Jacksonville Port Authority, the Jacksonville Aviation Authority, the Police and Fire Pension Fund, JEA, the Jacksonville Housing Authority, Jacksonville Housing Finance Authority, Jacksonville Health Facilities, and the DIA.

Lobbying principal means any person providing compensation to a lobbyist in consideration of his or her performance of lobbying activities, regardless of the technical or legal form of the relationship between the principal and the lobbyist. Principal specifically includes a person whose employee or agent lobbies on behalf of the employer or for the benefit, or in the name of the employer.

Lobbyist means any natural person who, for compensation seeks, or sought during the preceding 12 months, to influence the governmental decision making of an officer or employee of the City or seeks, or sought during the preceding 12 months, to encourage the passage, defeat, or modification of any proposal or recommendation by an officer or employee of the City.

Officer means any person elected to any City office and any appointed official.

Person includes individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

Public official means:

(1) Member of the City Council and Council-appointed aides;

(2) The Mayor and the Mayor's appointed assistants and aides;

(3) Chief Administrative Officer;

(4) Head of an Executive department, appointed by the Mayor and confirmed by the Council, which also includes the Executive Director of the Human Rights Commission;

(5) Deputy director of an executive department, appointed by the Mayor and confirmed by the Council;

(6) Chief of a division of an executive department, appointed by the Mayor and confirmed by the Council;

(7) Administrative Aide to the Mayor, appointed by the Mayor under � 6.06 of the Charter; and

(8) Personal secretary to the Mayor, appointed by the Mayor under � 6.06 of the Charter; and

(9) Any individual whose title under civil service is exempt or unclassified;

Vendor means a business entity doing business directly with an agency, such as renting, leasing, or selling any realty, goods, or services.

(Ord. 97-890-E, � 1; Ord. 1999-796-E, �� 1, 2; Ord. 2007-329-E, � 3; Ord. 2008-839-E, � 2; Ord. 2016-332-E , �� 1, 2; Ord. 2017-563-E , � 11; Ord. 2018-710-E , � 1)

PART 3. INSPECTOR GENERAL

Sec. 602.301. Establishment; Office of Inspector General.

There is created an Independent Office of Inspector General. The organization and administration of the Office shall be independent to assure that no interference or influence external to the Office adversely affects the independence and objectivity of the Inspector General.

(Ord. 2014-519-E, � 5)

Sec. 602.302. Purpose.

The purpose of this Part is to establish a full-time Office of Inspector General in order to provide increased accountability, integrity, and oversight of the entire consolidated government, to assist in promoting economy and efficiency, improving agency operations, and deterring and identifying waste, fraud and abuse. This Part shall not apply to the Office of the State Attorney, and the Office of the Public Defender.

(Ord. 2014-519-E, � 5; Ord. 2016-332-E , � 3)

Sec. 602.303. Duties and Functions.

The duties and functions of the Office of Inspector General shall include the authority, power and responsibility to:

(a) Review and evaluate internal controls to protect the resources of the entire consolidated government against waste, fraud, inefficiency, mismanagement, misconduct, and other abuses;

(b) Audit, evaluate, investigate and review past and present the activities, accounts, records, contracts, procurements, change orders, grants, agreements, and other programmatic and financial arrangements undertaken by any office, agency, department, or part of the entire consolidated government, and any other function, activity, process or operation conducted by any office, agency, department, or part of the entire consolidated government; its officials and employees, contractors, their subcontractors and lower tier subcontractors, and other parties doing business with any office, agency, department, or part of the entire consolidated government, or receiving funds from any office, agency, department, or part of the entire consolidated government;

(c) Conduct investigations, audits, contract oversight and reviews, issue reports, and make recommendations in accordance with applicable laws, rules, regulations, policies and past practices. Audits, investigations, inspections and reviews conducted by the Office of Inspector General will conform to professional standards for Offices of Inspector General such as those promulgated by the Association of Inspectors General; in accordance with current International Standards for the Professional Practice of Internal Auditing as published by the Institute of Internal Auditors, Inc., or where appropriate, in accordance with generally accepted governmental auditing standards. The Office of Inspector General shall develop and adhere to written policies in accordance with Florida accreditation standards for Inspector Generals;

(d) Receive full and unrestricted access to the records of any and all officials and employees, contractors, including their subcontractors and lower tier subcontractors, of any office, agency, department, or part of the entire consolidated government and other parties doing business with any office, agency, department, or part of the entire consolidated government or receiving funds from any office, agency, department, or part of the entire consolidated government;

(e) Receive, review, and investigate any complaints regarding projects, programs, contracts or transactions of any office, agency, department, or part of the entire consolidated government;

(f) Establish a "hotline" to receive complaints, from either anonymous or identified persons;

(g) Review referrals from the Director of the Office of Ethics Compliance and Oversight;

(h) Require all officials, employees, and contractors, their subcontractors and lower tier subcontractors, and other parties doing business with any office, agency, department, or part of the entire consolidated government or receiving funds from any office, agency, department, or part of the entire consolidated government to provide statements; administer oaths; and, require the production of documents, records and other information. In the case of refusal by an official, employee or other person to obey a request by the Office for documents or for an interview, the Inspector General shall have the power to subpoena witnesses, administer oaths, and require the production of documents;

(i) In the case of refusal to obey a subpoena served to any person, the Inspector General may make application to any court of competent jurisdiction to order the witness to appear before the Inspector General and to produce evidence, or to give testimony relevant to the matter in question;

(j) Where the Inspector General suspects a possible violation of any state, federal or local law, he or she shall notify the appropriate law enforcement agencies;

(k) The Mayor and any and all Officials of any office, agency, department, or part of the entire consolidated government shall promptly notify the Inspector General of possible mismanagement of a contract (misuse or loss exceeding $5,000 in public funds), fraud, theft, bribery, or other violation of law which appears to fall within the jurisdiction of the Inspector General, and may notify the Inspector General of any other conduct which may fall within the jurisdiction of the Inspector General;

(l) Engage in prevention and outreach activities, including but not limited to: develop public awareness to inform government officials and employees, as well as the general public, of the authority and responsibility of the Office;

(m) Recommend remedial actions to be taken by any office, agency, department, or part of the entire consolidated government to overcome or correct operating or maintenance deficiencies and inefficiencies that were identified by the Office;

(n) Issue an annual report to the Ethics Commission, the Inspector General Selection and Retention Committee, Mayor, the Council and deliver to the full City Council and the Inspector General Selection and Retention Committee a verbal briefing on activities of the Office every six months;

(o) Monitor implementation of the recommendations made by the Office;

(p) Monitor, inspect and review, without limitation, the operations, activities, performance, and procurement processes including, but not limited to, bid specifications, bid submittals, activities of the contractor, their subcontractors and lower tier contractors, its officers, agents and employees, lobbyists, officials and staff of any office, agency, department, or part of the entire consolidated government, in order to ensure compliance with contract specifications and detect waste, fraud and abuse;

(q) Be notified in writing prior to any duly noticed public meeting of a procurement selection committee where any matter relating to the procurement of goods or services by any office, agency, department, or part of the entire consolidated government is to be discussed;

(r) Establish policies and procedures to guide functions and processes conducted by the Office;

(s) Reserved;

(t) Exercise any of the powers contained in this Chapter upon his or her own initiative;

(u) The Office records related to active audits, investigations and reviews shall be confidential and exempt from disclosure, as provided by F.S. � 112.3188(2) and Ch. 119;

(v) The Inspector General is considered the "appropriate local official" of the City for purposes of whistleblower protection provided by Section 112.3188(1), Florida Statutes;

(w) The Inspector General has the power to appoint, employ, and remove such other personnel as is deemed necessary for the efficient and effective administration of the activities of the office. All such appointees shall serve at the pleasure of the Inspector General and shall be exempt from civil service; and

(x) To enforce this Chapter by all means provided by law, including seeking injunctive relief in the Fourth Judicial Circuit Court in and for Duval County.

(Ord. 2014-519-E, � 5; Ord. 2016-332-E , � 4; Ord. 2016-360-E , � 1; Ord. 2018-262-E , � 1)

Sec. 602.304. Inspector General Established; Qualifications.

The Inspector General shall head the Office of Inspector General and shall have a bachelor's degree or higher from an accredited college or university, and at least ten years of experience in government auditing, investigation, or prosecutorial or criminal justice administration, public administration or business administration. A master's degree or higher is preferred. Professional certifications such as certified inspector general, certified inspector general auditor or investigator, certified public accountant, certified internal auditor, or certified fraud examiner are recommended. The Inspector General shall not have been found guilty of or entered a plea of nolo contendere to any felony, or any misdemeanor involving the breach of public trust. If not already certified as an inspector general, the Inspector General shall be required to obtain certification within 24 months of becoming the Inspector General.

(Ord. 2014-519-E, � 5; Ord. 2018-262-E , � 1)

Sec. 602.305. Selection, Term, Contract, Removal and Vacancy.

(a) Selection. The responsibility for selecting the Inspector General shall be vested with the Inspector General Selection and Retention Committee, hereinafter, the "Committee." The Committee shall be composed of seven members selected as follows:

(1) The President of the Jacksonville City Council or his or her designee;

(2) The State Attorney of the Fourth Judicial Circuit or his or her designee;

(3) The Chair of the Jacksonville Ethics Commission or his or her designee;

(4) The Chair of the Jacksonville TRUE Commission or his or her designee;

(5) The Public Defender of the Fourth Judicial Circuit or his or her designee;

(6) The Chief Judge of the Fourth Judicial Circuit or his or her designee; and

(7) The Mayor of the City of Jacksonville or his or her designee.

The chairperson of the Committee will rotate among the members of the Committee starting with the President of the Jacksonville City Council or his or her designee. The chairperson will serve for a term of two years and will be followed in numerical order as outlined above. The position of chairperson is connected with the position and not the individual. The term of the chairperson will commence on July 1. If a member does not wish to serve as chairperson the position will rotate to the next member in numerical order. The Committee shall select the Inspector General with no less than four members approving the appointment from a list of qualified candidates submitted by the City of Jacksonville Employee Services Department. The Committee's selection is subject to confirmation by City Council.

(b) Term. The Inspector General shall be appointed for a term of four years. The Committee shall convene at least six months prior to the end of the four-year contract term to determine whether to renew the contract of the Inspector General or to solicit new candidates.

(c) Contract. The Chair of the Committee, in coordination with the Office of General Counsel, shall negotiate a contract of employment with the Inspector General. The Inspector General shall be an appointed employee exempt from civil service and shall be entitled to all rights and benefits normally accorded to appointed employees.

(d) Removal. The Inspector General may be removed based on specified charges initiated by the Committee for the following: neglect of duty, abuse of power or authority, discrimination, or ethical misconduct. The Inspector General shall be provided sufficient advance notice of the reasons for the possible removal, and shall be given an opportunity to be heard on the charges. A decision of the Committee to remove the Inspector General must be approved by a minimum of four members of the Committee and be confirmed by the City Council.

(e) Vacancy. In the event of a vacancy in the position of Inspector General, the Committee shall appoint an interim Inspector General until such time as a successor Inspector General is selected and assumes office. The Interim Inspector General shall meet all qualifications provided herein for the Inspector General.

(f) In addition to the responsibility for the selection and retention of the Inspector General, the Committee will meet no less than once every six months to receive an update on the Office of Inspector General's activities and to provide support and assistance to the Inspector General. Additionally, the Committee will review the proposed annual budget for the Office of Inspector General every spring and provide any feedback or comments prior to the Inspector General presenting the proposed budget to the Mayor's Office. The Committee shall on a yearly basis evaluate the performance of the Inspector General based on criteria established by the Committee.

(Ord. 2014-519-E, � 5; Ord. 2018-262-E , � 1)

Sec. 602.306. Records Disclosure.

The Inspector General's final reports shall be public records to the extent that they do not include information that has been made confidential and exempt from release to the public by Florida or federal law.

(Ord. 2014-519-E, � 5)

Sec. 602.307. Annual Budget.

The Mayor shall establish in the annual budget a separate activity for the Office of Inspector General similar to the budget presentation of a department of the City of Jacksonville. A minimum funding base is hereby established at $400,000 annually.

(Ord. 2014-519-E, � 5; Ord. 2018-262-E , � 1)

Sec. 602.308. Coordination with City Council Auditor's Office.

The Inspector General and the City Council Auditor shall mutually cooperate, subject to their respective standards on confidentiality, and where practicable, to avoid duplication of efforts in audit functions. The Inspector General and the Council Auditor shall obtain respective approval prior to an offer of employment to their respective employees.

(Ord. 2014-519-E, � 5; Ord. 2018-262-E , � 1)

Sec. 602.309. Penalty Provisions.

It shall be unlawful and a Class D offense for:

(1) Any person to retaliate, punish, threaten, harass, or penalize any person for assisting, communicating or cooperating with the Office of Inspector General; or

(2) Any person to:

(a) Knowingly interfere, obstruct, or impede any investigation conducted by the Office of Inspector General; or

(b) Knowingly attempt to interfere, obstruct, or impede any investigation conducted by the Office of Inspector General; or

(c) Knowingly falsify facts in any oral or written statement made as part of any investigation conducted by the Office of Inspector General.

(Ord. 2014-519-E, � 5; Ord. 2018-262-E , � 1)

PART 4. CONFLICTS OF INTEREST

SUBPART A. CONFLICTING RELATIONSHIPS

Sec. 602.401. Misuse of position, information, resources etc.

(a) Misuse of position, title, or authority. It is a violation of this Chapter for an officer, employee or independent contractor of the City or an independent agency to intentionally use his or her official position, title or any authority associated with his or her public office to coerce, induce or attempt to coerce or induce another person, or otherwise act in a manner inconsistent with official duties, to obtain a special privilege or exemption, financial or otherwise, for himself, herself or others, or to secure confidential information for any purpose other than official responsibilities.

(b) Misuse of confidential information. It is a violation of this Chapter for an officer, employee or independent contractor of the City or an independent agency to intentionally or knowingly disclose or use any confidential information gained by reason of said person's position for any purpose other than official responsibilities.

(c) Unethical lending or borrowing. It is a violation of this Chapter for an officer, employee or independent contractor of the City or an independent agency, to directly or indirectly lend or borrow over $100, to or from a higher ranking or subordinate officer, employee of the City or an independent agency who is in such person's City chain of command. It is also unlawful for an officer, employee or independent contractor of the City or an independent agency, to directly or indirectly lend or borrow over $500 to or from anyone else in the person's City department. This subsection shall not be applicable to lending between family members.

(d) City Officers, employees and independent contractors should recognize their responsibility to protect and conserve City property and resources, and to make an honest effort to use official time and City property only for official business. To that end:

(1) Misuse of property. It is a violation of this Chapter for an officer, employee or independent contractor of the City or an independent agency to knowingly use property owned by the City or any independent agency for his or her personal benefit, convenience or profit, or for the benefit, convenience or profit of others, except in accordance with official written City policies or ordinances.

(2) Misuse of time. It is a violation of this Chapter for an officer, employee or independent contractor of the City or an independent agency to use the official time of a City employee for anything other than official City business.

(3) Misuse of resources for campaigning. It is a violation of this Chapter for an officer, employee or independent contractor of the City or an independent agency to use any City resources, including property, employee time, computers and the Internet, for any political campaigning or campaign fundraising activities.

(Ord. 97-890-E, � 1; Ord. 2007-329-E, � 3; Ord. 2011-232-E, � 3; Ord. 2014-457-E, � 1; Ord. 2018-822-E , � 1; Ord. No. 2019-805-E , � 1)

Note(s)�Former � 602.310.

Sec. 602.402. Prohibited representations and appearances, petitions for exemption.

(a) Representations against the City. It shall be a violation of this Chapter for an elected official or employee of the City or an independent agency, otherwise than in the proper discharge of his or her official duties, to represent any other person or entity against the City or an independent agency, or to receive any proceeds from any such representation.

(b) Appearances before City Bodies. It shall be a violation of this Chapter for an elected official or employee of the City or an independent agency, otherwise than in the proper discharge of his or her official duties, to appear before any City department, agency, board or commission, except on behalf of the City or on behalf of himself, herself, or his or her parents, spouse or child.

(c) Board and Commission Members. Subsections (a) and (b) do not apply to any appointed official who is not an elected official or employee, except subsections (a) and (b) do apply as to matters against and appearances before that appointed official's own board, commission or agency, and to departments or agencies over which that appointed official's board, commission or agency has jurisdiction.

(d) Petitions for Exemption. An officer, employee or appointed official subject to the prohibition of this section who believes his or her representation will not interfere with the full and faithful discharge of such person's official duties may submit a written petition for relief from this section to the Jacksonville Ethics Commission. The Chair of the Jacksonville Ethics Commission shall appoint a committee of not less than three Ethics Commissioners to rule upon the petition for relief. The decision of whether to grant relief from this section shall be made in accordance with the policy set forth in F.S. � 112.316 and the opinions interpreting � 112.316 issued by the Florida Commission on Ethics. Said petition for relief shall be set on the agenda of a public meeting within 20 business days of receipt of the petition, and ruled on at the conclusion of the meeting. Nothing in this provision shall be construed to require the disclosure of any information protected by the attorney-client privilege or the waiver of such privilege.

(e) Nothing in this section shall be construed to affect, or in any way interfere with, any state or federal law.

(Ord. 2018-822-E , � 3)

Editor's note(s)�Ord. 2018-822-E , �� 2 and 3, amended the Code by repealing former � 602.402, and adding a new � 602.402. Former � 602.402 pertained to activities of officers and employees in matters affecting the City, and derived from Ord. 97-890-E; Ord. 2011-232-E; and Ord. 2014-457-E.

Sec. 602.403. Moonlighting provisions.

(a) No employee of the City shall have any other employment if that employment could reasonably be expected to impair independence in judgment or performance of City duties;

(b) No employee of the City shall have any interest, financial or otherwise, direct or indirect, or engage in any business or activity or incur any obligation of any nature which is in substantial conflict with the proper discharge of his or her duties in the public interest.

(c) All full-time compensated officers or employees of the City shall disclose any private, non-City employment upon obtaining said employment or upon becoming an officer or employee, whichever occurs first.

(d) All full-time compensated City officers or employees shall file the disclosure required in subsection (c) above with the City Ethics Office, copy to the City's Human Resources Chief and the officer or employee's department head, on a form approved by the Ethics Office.

(e) All full-time compensated officers or employees of the City shall file an updated disclosure form whenever any of the information required by the form changes.

(f) All appointed employees, except for those employees appointed by City Council, while full-time employees of the City, must obtain prior approval from the Mayor, or an individual designated by the Mayor, before accepting non-City employment or engaging in any work for an employer other than the City. All employees appointed by City Council, while full-time employees of the Council, must obtain prior approval from the Council President, or an individual designated by the Council President, before accepting non-City employment or engaging in any work for an employer other than the City. All employees appointed by a Constitutional Officer, while full-time employees of the Constitutional Officer, must obtain prior approval from the Constitutional Officer, or an individual designated by the Constitutional Officer, before accepting non-City employment or engaging in any work for an employer other than the City. A registry of appointed persons working non-City employment shall be maintained by the Constitutional Officers, the Mayor, and the Council Secretary or their designees; and shall be published on the City website, showing the employee, the outside employment, and the number of hours spent per year on such employment.

(g) It shall be a violation of this Chapter for any officer or employee of the City to violate any of the provisions of this Section.

(Ord. 97-890-E, � 1; Ord. 2007-329-E, � 3; Ord. 2014-457-E, � 1)

Sec. 602.404. Soliciting future employment or compensation.

(a) No employee of the City shall accept or solicit any other employment, if the employment could reasonably be expected to impair independence in judgment or performance of City duties;

(b) No employee of the City shall solicit or accept compensation for any other employment, which compensation is to be paid while still an employee of the City, if the compensation could reasonably be expected to impair independence in judgment or performance of City duties.

(Ord. 97-890-E, � 1; Ord. 2007-329-E, � 3; Ord. 2011-232-E, � 3)

Sec. 602.405 Responsibility of contracts with former employer prohibited.

For a period of two years from ceasing employment with a former employer, no employee of the City shall negotiate, supervise or manage a contract with the employee's former employer.

(Ord. 2007-329-E, � 3)

Editor's note(s)�Ord. 2007-329-E, � 3, amended the Code by repealing former � 602.405, and adding a new � 602.405. Former � 602.405 pertained to disclosure of noncity employment, and derived from Ord. 97-890-E, � 1.

Sec. 602.406. Public official bid and contract disclosure.

(a) A public official of the City or an independent agency, who knows that he or she has a financial interest in a bid to be submitted to their own agency or contract with their own agency, shall make disclosure in writing to the Procurement Division or using agency, whichever is receiving or has received the bid contract, (i) at the time that the bid or contract is submitted or subsequently no later than the close of the second, full, regular work day after the bid or contract is submitted (not including the day that the bid is submitted or any Saturday, Sunday or City holiday), or (ii) prior to or at the time that the public official acquires a financial interest in the bid or contract and such disclosure shall include but not be limited to the following: the bid number, the name of the public official and his or her public office or position, the name and address of the business entity in which the public official has a financial interest, and the position or relationship of the public official with that business entity.

(b) It shall be a violation of this Chapter for a public official of the City or an independent agency, to fail or refuse to make the disclosure required in subsection (a) of this Section.

(c) For purposes of this Section, bid means any telephone or written bid, written proposal, written quote or written offering of any kind or description whatsoever submitted for the purpose of being awarded or entering into a contract, purchase agreement, sales transaction, or other contractual agreement with the City under the provisions of the Procurement Code, Section 126.110, Ordinance Code, or with an independent agency of the City under its procurement code.

(d) For purposes of this Section, contract means any contract, agreement, purchase order or other document used to evidence the existence of a purchase or sales transaction under the provisions of the Procurement Code, Chapter 126, Ordinance Code, or with an independent agency under its procurement code, or any subsequent change order or amendment to any such contract document.

(e) For purposes of this Section public official means any one or more individuals who have been elected to any state or local office and which office has a geographical jurisdiction or description covering all of, more than but including all or a portion of, or less than but including a portion of, Duval County, Florida, any one or more individuals who have been appointed to the governing body of any independent agency of the City, or an appointed employee of the City.

(f) For purposes of this Section, financial interest means any ownership interest of a public official in any proposer, bidder, contractor, or first tier subcontractor (that is, a person or business entity under contract to provide or providing capital improvement services, professional design services, professional services, labor, materials, supplies or equipment directly to the proposer, bidder, or contractor) whereby the public official knows that he or she has received or will receive any financial gain resulting from or in connection with the soliciting, procuring, awarding, or making of a bid or contract; provided, however, financial interest shall not include any interest in any increase in value of, or dividends paid on, any stock which is publicly traded on any public stock exchange.

(g) The City, independent agency, or using agency, as the case may be, acting by and through its awarding authority may: (i) nullify and terminate the purchase and sales transaction and any contract arising from or in connection with any bid or contract involving failure or refusal to disclose a financial interest of a public official as described in this Section; (ii) declare the same null and void.

(h) In addition to all other penalties described herein, any person or company that violates this Part shall be subject to withholding of payments under the contract, termination of the contract for breach, contract penalties, decertification and/or being debarred from or deemed nonresponsive to future City solicitations and contracts for up to three years (for less egregious violations, as determined by the Chief, a period of probation may be proposed, any violations during which period will result in debarment of no less than three years).For purposes of this Chapter, the words and phrases defined in this Section shall have the following meanings:

(Ord. 97-890-E, � 1; Ord. 2007-329-E, � 3; Ord. 2008-839-E, � 3; Ord. 2011-232-E, � 3; Ord. 2014-457-E, � 1)

Note(s)�Former � 602.453.

Sec. 602.407. Obstruction of proceedings by City officers or employees.

It is a violation of this Chapter for an officer or employee of the City to:

(a) Corruptly, or by threat of force, or by any intimidating letter or communication, to endeavor to influence, intimidate or impede any witness in any proceeding pending before any City agency or in connection with any inquiry or investigation being had by a City agency. However, this subsection is not intended to prevent the normal information gathering and witness interviewing process associated with the preparation for any filing, hearing, or trial.

(b) With intent to avoid, evade, prevent or obstruct compliance in whole or in part with any investigative demand duly and properly made under any law or rule made pursuant to law, wilfully to remove from any place, conceal, destroy, mutilate, alter or by other means falsify any documentary material which is the subject of the demand.

(c) Corruptly, or by threat of force, or by any intimidating letter or communication, to influence, obstruct or impede or to endeavor to influence, obstruct or impede the due and proper administration of the law in any proceeding before any City agency or in connection with any inquiry or investigation being had by any City agency.

(d) Intentionally to disrupt, obstruct or impede or to endeavor to disrupt, obstruct or impede the conduct of any public meeting of any City agency.

(e) Intentionally to do any act or attempt to do any act which any reasonable person would know would disrupt, obstruct or impede the conduct of any public meeting before any City agency.

(f) To refuse to comply with the directives, requests or orders of any presiding officer of any public meeting of any City agency.

(g) Intentionally do or act or attempt to do any act which any reasonable person would know would prevent any person from appearing or speaking before any City agency at any public meeting.

(h) Intentionally refusing, after warning, to obey the rules of decorum before any City agency at any public meeting.

(Ord. 97-890-E, � 1; Ord. 2007-329-E, � 3; Ord. 2011-232-E, � 3; Ord. 2014-457-E, � 1)

Note(s)�Former � 602.507.

Sec. 602.408. Lobbying, Employment or Consulting by former appointed officials required to file Form 1 Financial Disclosures; Prohibition.

A person who has been appointed to any county, municipal, or state, Board, Commission, Committee, Council or authority may not personally benefit or represent another person or entity for compensation before the Board, Commission, Committee, Council or Authority of which the person was an appointed official required to file Form 1 Financial Disclosures for a period of 2 years after vacating that office. For purposes of this section, "personally benefit" is intended to mean directly benefit financially and includes such scenarios as employment with the Board, Commission, Committee, Council or Authority, or retention/engagement by the Board, Commission, Committee, Council or Authority for consulting or lobbying on its behalf, or contracted or employed or retained by a third party for consulting or lobbying services for interaction with the Board, Commission, Committee, Council or Authority. For purposes of this section an "Appointed Official" is defined in Section 602.201, Ordinance Code. This section shall apply to all Appointed Officials subject to Form 1 Financial Disclosures filing requirements appointed or reappointed on or after April 14, 2020.

(Ord. 2020-160-E , � 1)

Editor's note(s)�Ord. 2007-329-E, � 3, amended the Code by repealing former � 602.408 in its entirety. Former � 602.408 pertained to approval required for noncity employment performed by appointed employees, and derived from Ord. 97-890-E, � 1. Subsequently, Ord. 2020-160-E , � 1, added a new � 602.408.

Secs. 602.409, 602.410. Reserved.

Editor's note(s)�Former �� 602.409 and 602.410 have been renumbered as �� 602.1210 and 602.1211, respectively, by Ord. 2011-232-E, � 3.

Sec. 602.411. Disqualification of former officers and employees in matters connected with former duties or official responsibilities; disqualification of partners.

(a) It shall be a violation of this Chapter for any person, who was an officer or employee of the City or an independent agency, after his or her employment has ceased, knowingly to act as agent or attorney for anyone other than the City or an independent agency in connection with any administrative or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular matter involving a specific party or parties in which the City or an independent agency is a party or has a direct and substantial interest and in which he or she participated personally and substantially as an officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise while employed by the City or an independent agency.

(b) It shall be a violation of this Chapter for any person, who was an officer or employee of the City or an independent agency, after his or her employment has ceased, to appear personally before any unit of government as agent or attorney for anyone other than the City or an independent agency in connection with any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular matter involving a specific party or parties in which the City or an independent agency is a party or has a direct and substantial interest and which was under his or her official responsibility as an officer or employee of the City or an independent agency at any time within a period of one year prior to the termination of his or her responsibility.

(c) Nothing in subsection (a) or (b) shall prevent a former officer or employee of the City or an independent agency with professional, scientific or technological qualifications, from acting as agent or attorney or from appearing personally in connection with a particular matter in a professional, scientific or technological field if the head of the unit of government concerned with the matter, the Executive Director of the Office of Ethics, Compliance and Oversight or their designee, and the City Council President or their designee, shall certify in writing that the public interest would be served by the action or appearance by the former officer or employee.

(Ord. 97-890-E, � 1; Ord. 2011-232-E, � 2; Ord. 2014-457-E, � 1; Ord. No. 2019-805-E , � 2)

Note(s)�Former � 602.402.

Sec. 602.412. Prohibited future employment.

It shall be a violation of this Chapter for any person, who was an officer or employee of the City or an independent agency, after his or her employment has ceased, to be employed by or enter into any contract for personal services, with a person or company who contracted with, or had a contractual relationship with the City or the independent agency, while the contract is active or being completed, or within two years of the cessation, completion, or termination of the person's or company's contractual relationship with the City or the independent agency, where (1) the contract with the City or the independent agency had a value that exceeded $250,000, and (2) the officer or employee had a substantial and decision-making role in securing or negotiating the contract or contractual relationship, or in the approval of financial submissions or draws in accordance with the terms of the contract; except that this prohibition shall not apply to an employee whose role is merely as a review signatory, or to contracts entered into prior to January 1, 2008, or to contracts that have been competitively procured. With respect to this subsection a contract is competitively procured if it has been obtained through a sealed low bid award. A "substantial and decision-making role" shall include duties and/or responsibilities that are collectively associated with: (i) approving solicitation or payment documents; (ii) evaluating formal bids and proposals; and (iii) approving and/or issuing award recommendations for final mayoral, City Council, or independent agency approval. The contract of any person or business entity who hires or contracts for services with any officer or employee prohibited from entering into said relationship shall be voidable at the pleasure of the City or independent agency. This prohibition shall not apply to any former officer or employee after two years from cessation from City or independent agency employment. An officer or employee subject to the prohibition of this Section who believes his or her role in the applicable contract does not create an ethical dilemma, may appeal to a committee of the City Council Rules Chair, the Chairperson of the Ethics Commission, and the Chief of Procurement for relief from this Section. Said appeal shall be considered and ruled upon within ten business days of a written request.

(Ord. 97-890-E, � 1; Ord. 2007-329-E, � 3; Ord. 2014-457-E, � 1)

Note(s)�Former � 602.404(c).

Sec. 602.413. Additional disclosure requirements for council members, and their spouse or children, employed by nonprofit organizations receiving funding from City.

Pursuant to Section 118.107, Ordinance Code, all nonprofit organizations receiving funds appropriated by the City pursuant to Chapter 118 (City Grants) or Chapter 126 (Procurement Code) shall be subject to a competitive evaluated award process. A "competitive evaluated award process" means that funding shall be competitively procured under the procedures set forth in Parts 6 or 8, Chapter 118, or Part 3, Chapter 126, Ordinance Code, via an evaluated bid process as outlined therein. In addition to the requirements of Sections 126.110 (Public official bid and contract disclosure and prohibition) and 602.406 (Public official bid and contract disclosure), Ordinance Code, in the event that a council member, and their spouse or children, is employed by a nonprofit organization, the council member shall complete and provide on or before the award application or solicitation deadline submission date the following supplemental information to the Office of Ethics, Compliance and Oversight:

(1) A copy of the nonprofit organization's most recent annual audit;

(2) A copy of the nonprofit organization's most current IRS 990 or 990EZ form;

(3) Provide evidence that the council member, or their spouse or child, is employed by the nonprofit organization, defined herein as a registered tax-exempt organization under 501(c) of the Internal Revenue Code, and a narrative explanation of the duties and services that the council member provides for the nonprofit organization; and

(4) An affidavit executed and completed by the council member, or their spouse or child, that attests to the following: that

a. The council member, or their spouse or child, is an employee of the nonprofit applying for funding and their employment position;

b. The nonprofit applying for funding is a 501(c) entity under the Internal Revenue Code;

c. The council member, or their spouse or child, is/is not an officer, director, or board member of the nonprofit applying for funding;

d. The council member, or their spouse or child, will not receive any direct or additional financial gain from the City's funding of the nonprofit (in addition to their ordinary salary or compensation as an employee of the nonprofit);

e. The council member has not in any way participated directly or indirectly or been personally involved in the City's decision to fund the nonprofit, and will continue to not participate or be personally involved in the funding for the nonprofit. Participating or being personally involved includes, but is not limited to, participating in discussions at any City meetings or communicating with officers or employees of the funding agency;

f. To the council member's knowledge, no funding received by the nonprofit organization from the City will go to a nonprofit to which the council member has a majority or controlling interest; and

g. The council member did not disclose or use any confidential City information in the nonprofits' application for City funding of the nonprofit organization.

This section shall also apply to applications and grants subject to Chapter 117 (Grants), Ordinance Code, so that if a council member, or their spouse or children, is employed by a nonprofit organization that is seeking a grant award or making a joint application with the City pursuant to Chapter 117, the council member shall complete the affidavit above and provide to the Office of Ethics, Compliance and Oversight on or before the application deadline submission date as designated by the appropriate City department, board or commission.

The affidavit form shall be prepared by the Office of Ethics, Compliance and Oversight in conjunction with the Office of General Counsel. The affidavit form shall be provided and maintained by the Office of Ethics, Compliance and Oversight. The supplemental disclosure information provided pursuant to this section will be maintained as a public record and available to the public for viewing consistent with F.S. Ch. 119. The disclosure requirements created herein do not negate the obligation of a council member to determine whether a conflict of interest exists in any individual circumstance under F.S. Ch. 112, and Chapter 602, Ordinance Code, and to vet that potential conflict with the Office of Ethics, Compliance and Oversight or the Office of General Counsel.

(Ord. 2021-761-E , � 1; Ord. 2022-450-E , � 2)

SUBPART B. RESERVED [2]

Secs. 602.450�602.455. Reserved.

PART 5. WHISTLEBLOWER PROTECTION

Sec. 602.501. Legislative Findings and Purpose.

The City Council finds that it is in the best interests of the consolidated government of the City of Jacksonville, its constitutional officers and independent agencies to ensure that employees who have knowledge of unlawful activity, misfeasance or malfeasance by the City or its independent contractors report such knowledge to the appropriate authorities for investigation and corrective action. In order to encourage employees to report such information without fear of reprisal, it shall be the policy of the consolidated government of the City of Jacksonville to prohibit adverse action against an employee who has been properly designated as a whistleblower for disclosing such information to an appropriate official or agency.

Recognizing that the State of Florida has adopted its own Whistleblower's Act, F.S. �� 112.3187, et seq. (1993) and that the State Act provides for the adoption of local procedures for administrative enforcement, the City Council intends that this Part be interpreted consistently with the State Act, as it may from time to time be amended.

(Ord. 2013-287-E, � 1)

Sec. 602.502. Definitions.

As used in this Part:

(1) City shall include all departments and agencies of the consolidated government of the City of Jacksonville, its constitutional officers and independent agencies and districts.

(2) Complainant shall mean a person who submits a written complaint to a Whistleblower Official containing allegations consistent with the requirements of Section 602.504. A complainant is not a whistleblower until designated an official whistleblower pursuant to Section 602.505(1), Ordinance Code.

(3) Employee shall mean a person who performs services for, and under the control and direction of, or who contracts with, the City for wages or other remuneration.

(4) Independent Agencies shall include, Jacksonville Aviation Authority, JEA, Jacksonville Housing Authority, Jacksonville Port Authority and Jacksonville Transportation Authority.

(5) Local Government Authority, as referenced in F.S. � 112.3187(8)(b), as amended from time to time, shall be designated for this Part to be the Executive Officer of the City or the Independent Authority as applicable to the employee.

(6) Whistleblower Official shall mean the Inspector General's Office. For the purposes of this part, and pursuant to F.S. � 112.3187(6), the Inspector General's Office shall be the designated appropriate local official.

(7) All other words or terms used in this Part shall have the same meaning as such words and terms have under the State Whistleblower's Act, F.S. � 112.3187, as may be amended from time to time.

(Ord. 2013-287-E, � 1; Ord. 2015-234-E , � 1)

Sec. 602.503. Actions Prohibited.

(1) The City shall not dismiss, discipline, or take any other adverse personnel action against an employee for disclosing information pursuant to the provisions of this Part.

(2) The City shall not take any adverse action that affects the rights or interests of an employee designated as a whistleblower in retaliation for the employee's disclosure of information under this Part.

(3) The provisions of this Part shall not be applicable when an employee discloses information known by the employee to be false.

(Ord. 2013-287-E, � 1)

Sec. 602.504. Nature of Information Disclosed.

The information disclosed under this Part must be in writing and allege one of the following:

(1) Any violation or suspected violation of any federal, state or local law, rule or regulation committed by an employee or agent of the City or an independent contractor which creates and presents a substantial and specific danger to the public's health, safety or welfare; or

(2) Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty committed by an employee or agent of the City or an independent contractor, pursuant to F.S. � 112.3188.

(Ord. 2013-287-E, � 1)

Sec. 602.505. To Whom Information Disclosed and Process to Designate Status of Whistleblower.

(1) The information disclosed in writing under this Part must be disclosed to a Whistleblower Official. An employee who discloses such information and is officially designated as a whistleblower, pursuant to F.S. � 112.3187, Florida Statutes, shall be entitled to the full protection of this Part and to the remedies and awards it provides.

(2) Upon receipt of the written complaint, the Whistleblower Official shall determine whether the employee is a whistleblower pursuant to F.S. � 112.3189, as may be amended from time to time.

(3) Pursuant to F.S. � 112.3188, as may be amended from time to time, the name and identity of the designated whistleblower shall remain confidential, unless the whistleblower waives this confidentiality; the Inspector General's Office shall establish procedures to safeguard the identities of these designated whistleblowers.

(4) The Whistleblower Official shall also establish an investigative plan considering the factors found in F.S. � 112.3189, as may be amended from time to time. The information may be forwarded to the State Attorney's Office, the appropriate human resources personnel, the Ethics Commission (if any ethics code violation may have occurred), or any other appropriate agency. Prior to forwarding the information, the name and identity of the whistleblower shall be redacted.

(5) When the investigation is complete, the report shall be forwarded to the complainant who has been officially designated as a whistleblower for any comments. The report is then a public record, but the identity of the whistleblower shall always remain confidential, per F.S. � 112.3188.

(6) If the Whistleblower Official does not designate a complainant as a whistleblower, all documents shall be returned to the complainant with a statement as to why the complainant was not so designated and with an explanation that the complainant is not designated as a whistleblower and cannot rely on the provision of law in this Part.

(Ord. 2013-287-E, � 1; Ord. 2015-234-E , � 1)

Sec. 602.506. Employees and Persons Protected.

(1) This Part protects employees and persons designated official whistleblower pursuant to Section 602.505(1), Ordinance Code, who disclose information on their own initiative in a written and signed complaint; who are requested to participate in an investigation, hearing, or other inquiry conducted by the City, or by any state agency or federal government entity having the authority to investigate, police, manage, or otherwise remedy the violation or act; who refuse to participate in any adverse action prohibited by this Part; or who are otherwise protected by the State Whistleblower's Act. The provisions of this Part may not be used by employees while they are under the care, custody, or control of the state or county correctional system, or after their release from the care, custody or control of the state or county correctional system, with respect to circumstances that occurred during any period of incarceration.

(2) No remedy or other protection under this Part applies to any person who has committed or intentionally participated in committing a violation or suspected violation for which protection under this Part is being sought.

(3) It shall be an affirmative defense to any complaint brought pursuant to this Part that the adverse personnel action was predicated upon grounds other than, and would have been taken absent, the employee's exercise of rights protected by this Part.

(Ord. 2013-287-E, � 1)

Sec. 602.507. Remedies.

(1) If a disclosure under this section results in alleged retaliation by an employer, as defined by � 602.503, Ordinance Code, the whistleblower may file a written complaint within 60 days after the retaliatory action prohibited by this section is alleged to have occurred. The complaint shall be filed with the Whistleblower Official who shall then acknowledge its receipt within five days.

(2) The Whistleblower Official shall forward the complaint to the Civil Service Board to determine whether any retaliatory action has taken place. The Civil Service Board shall make finding of facts, conclusion of law and recommendations.

(3) The Civil Service Board shall forward its finding of facts, conclusion of law and recommendations to the appropriate Local Government Authority as defined in Section 602.502(5), Ordinance Code, for a final decision by the Local Government Authority.

(4) Within 180 days after the entry of a final decision by the Local Government Authority, the employee may bring a civil action in any court of competent jurisdiction.

(Ord. 2013-287-E, � 1)

Sec. 602.508. Relief.

In any case brought under this Part the relief must consider all remedies pursuant to F.S. � 112.3187(9).

(Ord. 2013-287-E, � 1)

Sec. 602.509. Reporting Employee's Award Program.

For the purposes of this section, and in addition to the definition contained in Section 602.502(3), "employee" shall also mean a person who performs work for, and under the control and direction of, any business, corporation or other entity under contract with the City for the provision of any good or service.

Provided that an application is filed within six months from the date of the final report of the Whistleblower Official, an employee who has been designated an official whistleblower and who reported information pursuant to this Part which results in the City's recovery of public funds in excess of net $50,000 shall be eligible to receive an award up to ten percent of the net amount recovered not to exceed $100,000.00. The precise amount of any such award shall be set by the City Council in accordance with the following procedure: The President of the City Council shall form a committee of three persons, including at least two Council Members, who shall conduct a hearing for the purpose of recommending to the Council whether an award should be granted and the amount of any such award. The committee's recommendation shall include consideration of:

(1) The significance of the information revealed to the City;

(2) The likelihood that the City would have learned of the information if the employee had not reported it; and

(3) If the information was reported by more than one employee, whether and how the award should be apportioned.

The committee's written recommendation shall be submitted to the full City Council whose decision as to whether an award should be granted and the amount thereof shall be final.

(Ord. 2013-287-E, � 1)

Sec. 602.510. Existing Rights.

This Part shall not be construed to diminish the rights, privileges or remedies of any employee under any other law or rule or under any collective bargaining agreement or employment contract; however, the election of remedies provided by F.S. � 447.401 shall also apply to complaints under this Part.

(Ord. 2013-287-E, � 1)

Sec. 602.511. Rules and Procedures.

The Inspector General's Office is authorized to promulgate such rules and procedures and written forms necessary to effectuate the intent of this part.

(Ord. 2013-287-E, � 1; Ord. 2015-234-E , � 1)

PART 6. OFFICE OF ETHICS, COMPLIANCE AND OVERSIGHT

SUBPART A. CREATION AND ORGANIZATION

Sec. 602.611. Office of Ethics, Compliance and Oversight; Creation.

(a) There is hereby created, pursuant to Section 1.203 of the Charter of the City of Jacksonville, the Office of Ethics, Compliance and Oversight, the purpose of which is to coordinate and handle Citywide ethics training, compliance, and oversight issues. In furtherance of the above, the Office shall ensure the investigation of all situations involving fraud, waste, corruption and conflicts of interest by City Officials and employees, and to staff the Jacksonville Ethics Commission. The organization and administration of the office shall be independent to assure that no external interference or influence adversely affects the independence and objectivity of the office.

(b) The Office of Ethics, Compliance and Oversight is an independent office which is:

(1) Independently budgeted and accounted for; and

(2) Whose executive director is appointed by the Jacksonville Ethics Commission subject to Council confirmation; and

(3) Whose budget is recommended to the Mayor by the Director of the Office of Ethics, Compliance and Oversight and approved by Council.

(Ord. 2011-197-E, � 1; Ord. 2012-85-E, � 5)

Sec. 602.612. Organization.

(a) Staffing.

(1) General staffing. The Office of Ethics, Compliance and Oversight shall be staffed, at the discretion of the Ethics Commission, and subject to available funding, with a director and such other executive positions approved by Council, each of whom must be knowledgeable and experienced in management, leadership, auditing, oversight, investigation, training, contract administration, and clerical functions deemed necessary to the proper functioning of the office.

(2) Director.

(i) Appointment. The director of the Office of Ethics, Compliance and Oversight shall be a registered Duval County voter at the time of hire, or shall relocate to Duval County within six (6) months of hire, and shall be appointed for a term of three (3) years by the Jacksonville Ethics Commission, and the appointment shall be confirmed by Council. The Director shall be exempt from civil service.

(ii) Separation. The director may be separated from employment by the Jacksonville Ethics Commission before the completion of his or her term for cause, which shall include misfeasance, malfeasance, or conduct unbecoming or detrimental to the performance of his or her position or the integrity of the Office of Ethics, Compliance and Oversight. Separation shall only be effected at a public meeting, and only after the employee has been provided a minimum of 60 business days written notice of the basis for cause and has been provided an opportunity to be informally heard at the public meeting. The 60-day written notice shall be reduced to 15 days written notice in the event of the director's arrest for a felony.

(iii) Vacancy. In the event of a director vacancy, the position shall be filled temporarily by a non-confirmed appointment by the Ethics Commission for a period not to exceed 180 days, and then as provided for in subsection (i) above.

(3) Volunteers. The Director may utilize the services of such volunteer personnel who have agreed to perform services without compensation, in accordance with the volunteer policies of the Division of Human Resources. Such volunteer personnel shall act with such authority as granted by the Ethics Commission.

(b) Administrative support.

(1) Additional staffing. The Director of the Office of Ethics, Compliance and Oversight shall have the power to appoint, employ, and remove such other personnel as is deemed necessary for the efficient and effective administration of the activities of the office, subject to the budget approval of City Council. All such appointees shall serve at the pleasure of the Director and shall be exempt from civil service.

(2) Supplemental support. To the extent that additional support is necessary beyond that which is funded by Council, administrative support shall be provided by the Office of General Counsel, and investigative support shall be provided both by the Council Auditor's Office and the Office of General Counsel, all at the request of the Ethics Commission.

(3) Legal Support. Pursuant to the Charter, the Office of General Counsel shall provide legal services to the Office of Ethics, Compliance and Oversight. Recognizing that legal conflicts may present themselves from time to time, special counsel may be retained in accordance with Section 108.505 Ordinance Code.

(c) Qualifications. The Executive Director shall have a bachelor's degree or higher from an accredited college or university, with a preference for an advanced degree in applied ethics, law, or public administration; at least ten years experience in related activities such as administration of an ethics office or activity, ethics related legal work, criminal justice administration; and administrative experience.

(Ord. 2011-197-E, � 1)

SUBPART B. DUTIES

Sec. 602.621. Duties.

The Office of Ethics, Compliance and Oversight, through its executive officials, shall have authority to:

(a) Encourage compliance with the spirit and letter of ethics laws, and provide advice and training to departments and agencies;

(b) Develop policies, programs and strategies to deal with all ethics-related matters;

(d) Organize a Citywide Ethics Coordination Council with one representative each from the executive branch, the legislative branch, each constitutional officer and each independent agency, with the purpose of avoiding duplication of ethics resources, sharing best practices and training, evaluating risk areas and devising plans to eliminate any City fraud, waste or corruption;

(e) Review periodically this Code and other applicable laws and regulations and recommend appropriate changes to this Code;

(f) Administer a confidential "Hotline" for the discovery of government waste, fraud, and ethics violations;

(g) Respond to requests for assistance from all public officers and employees subject to this Ethics Code;

(h) Act as the executive officer of the Jacksonville Ethics Commission, responsible for its administration and operation;

(i) Work with the human resources and procurement offices and other appropriate divisions to integrate ethics into procurement, hiring, retention and promotion policies of the executive branch of the City and to share these practices with the Ethics Coordination Council;

(j) Lead, direct, and be responsible for the development of the Citywide ethics plan and report to be created by the Ethics Coordination Council;

(k) Investigate, review and report on City issues, and past, present and proposed programs, activities, accounts, records, contracts and transactions all as related to the prevention and remediation of conflicts of interest, fraud, waste, and corruption;

(l) Receive full and unrestricted access to the records of any and all officials and employees, contractors, including their subcontractors and lower tier subcontractors, of any office, agency, department, or part of the entire consolidated government and other parties doing business with any office, agency, department, or part of the entire consolidated government or receiving funds from any office, agency department, or part of the entire consolidated government relevant to investigations authorized by law. All elected and appointed City and county officials and employees, and contractors and other parties doing business with the City and/or receiving City funds shall fully cooperate with the Office of Ethics, Compliance and Oversight.

(m) Where possible violations of any state, federal or local law are suspected, to notify the appropriate civil, criminal or administrative agencies, and assist those agencies as appropriate. In the case of a possible violation of a human resource rule, regulation or policy governing a City employee, the official shall also notify the City administrator and the head of the department for which the employee works, unless to do so would otherwise jeopardize an ongoing investigation.

(n) Personnel within the office shall not interfere with any ongoing criminal investigation or prosecution of the state attorney or the U.S. Attorney for the Middle District of Florida. When the state attorney or the U.S. Attorney for the Middle District of Florida has explicitly notified the office in writing that the investigation is interfering with an ongoing criminal investigation or prosecution, then all investigative activities shall be suspended.

(o) Respond to requests for assistance from all public officers subject to this Ethics Code.

(Ord. 2011-197-E, � 1; Ord. 2020-103-E , � 1)

Sec. 602.622 Department/Independent Agency Ethics Officers.

(a) The Mayor, the Council President, each constitutional officer, and each executive director of the independent agencies of the City shall designate one of their employees as an "Ethics Officer." Each Ethics Officer's duties are in addition to his or her principal operational role unless there is an approved budget for a separate position dealing exclusively with ethics and oversight functions. Specific responsibilities assigned to these Ethics Officers include, but are not limited to the following:

(1) Conduct periodic meetings with senior management, boards and employee groups to assess risk areas and to provide advice on ethics issues and to work to instill an ethical culture in their agency;

(2) Assist their department head or senior management in the development of an overall internal ethics plan;

(3) Participate in a Citywide Ethics Coordination Council, which shall identify risks, recommend programs to implement national best practices to combat fraud, waste and corruption, and provide department and agency reports to be included in the Citywide ethics.

(4) Assist in the receipt of ethics, fraud, waste, and corruption complaints from employees and the general public, and to assure that such complaints and information are directed to an appropriate authority, in a manner that best protects the complaining parties. When an Ethics Officer is in doubt about the relief available within a chain of command, or the consequences of reporting within the chain of command, the Ethics Officer shall have a duty to report complaints to the Director of the Office of Ethics, Compliance and Oversight.

(b) In addition to those Ethics Officers set forth in subsection (a) above, there may be appointed within the executive branch additional department ethics officers (DEOs) to assist the Ethics Officer in the duties required by this section at the department or division level. These duties shall be in addition to the principal operational role of the department ethics officer.

(Ord. 2011-197-E, � 1)

Sec. 602.623. Confidentiality/Whistleblowing.

(a) It is the policy of the City that employees, ethics officers, administrators, complainants, whistleblowers and innocent parties shall be protected to the maximum extent of the law.

(b) All records of complaints and investigations shall remain confidential to the extent authorized by F.S. 112.3188 (2) and any other state law so applicable.

(c) In furtherance of the City policy set forth herein, the director and such authorized personnel in the Office of Ethics, Compliance and Oversight are deemed "safe havens" and whistleblower report-to authorities for the receipt of information and complaints related to ethics, waste, fraud, and corruption. A complainant or ethics officer shall not be penalized or retaliated against in any way for disclosing information to the Office of Ethics, Compliance and Oversight. The director shall take all such action as is appropriate under the circumstances to address the allegations disclosed to them.

(Ord. 2011-197-E, � 1)

Sec. 602.624. Reporting of violations by Council Auditor.

The Council Auditor, in addition to the reporting requirements of Section 102.103, Ordinance Code, shall, when he or she has reasonable grounds to believe that a violation of the City's Ethics Code has occurred, report the facts relating to the probable violation in writing to the General Counsel and the City's Director of Ethics, Compliance, and Oversight.

(Ord. 2012-85-E, � 5)

SUBPART C. INDEPENDENT AUTHORITIES

Sec. 602.631. Investigations related to officers and employees of independent agencies.

In accordance with section 1.202 of the Charter, officers and employees of independent agencies are subject to the jurisdiction of the Ethics Code. The Office of Ethics, Compliance and Oversight shall defer handling any investigations when the applicable independent agency has an established ethics program with investigatory functions and is appropriately undertaking the investigation. Nothing contained herein shall limit an independent agency from seeking cooperation and assistance from the Office of Ethics, Compliance and Oversight and such assistance being provided.

(Ord. 2011-197-E, � 1)

PART 7. GIFTS [3]

Sec. 602.701. Prohibited receipt of gifts and payments.

(a) Prohibited Gifts. No officer or employee of the City or of any independent agency, or any other person on his or her behalf, shall knowingly accept, directly or indirectly, any one gift with a value greater than $100 or an accumulation of gifts in any one calendar year that exceeds $250 from any person or business entity that the officer or employee knows is:

(1) A lobbyist who lobbies the officer's or employee's agency;

(2) Any principal or employer of a lobbyist who lobbies the officer's or employee's agency;

(3) A vendor doing business with the officer's or employee's agency.

For purposes of the $250 annual accumulation of gifts, gifts of food and beverage not exceeding $25 on any given day shall not be included.

(b) Department Policies. The Mayor shall require that the Directors of all Executive Departments establish policies and procedures for the acceptance and/or prohibition of gifts to individuals in their departments. The City Council President, the Constitutional Officers and the Chief Executive Officers of the independent agencies shall also establish policies and procedures for the acceptance and/or prohibition of gifts to individuals employed by their agency. The policies shall provide guidelines for all gifts, including, but not limited to, dinners, official events, tickets, trips, lodging, retirement gifts, food gifts and conferences. The policies should be based upon an analysis of risks and strive for maximum transparency and minimum acceptance of gifts by employees and officials of the City. The Office of Ethics, Compliance and Oversight and the Office of General Counsel shall assist in the development of the policies.

(c) Fees for Speeches, Speaking and Writing Articles. No full time officer or employee of the City or any independent agency may accept a fee or anything of value for a written article, a speech, an address, or other oral presentation at an event, from a party listed in subsection (a). Speech, address, or other oral presentation includes a formal address, lecture, panel discussion, or other presentation that a full time officer or employee of the City or any independent agency has been invited to make to a gathering of persons. A full time officer or employee of the City or an independent agency may receive payment or reimbursement for necessary expenses related to any such activity only upon approval in writing by the officer's or employee's department or agency director. A copy of the approval shall be filed with the Office of Ethics, Compliance and Oversight. Any official or employee required by state law to file a Statement of Financial Interests or a Full and Public Disclosure of Financial Interests statement is exempt from this Section 602.701(c), Ordinance Code.

(Ord. 2018-710-E , � 2)

Sec. 602.702. Gifts to the city.

The Mayor and the Council Secretary shall identify a mayoral and a council representative who will be officers or employees responsible for the receipt of and distribution of business-related gifts to the City through its executive and legislative departments. The chief executive officer of an independent agency shall identify a designee or designees who will be officers or employees responsible for the receipt of and distribution of business-related gifts to the independent agency. Registries shall be established wherein gifts will be identified by date, donor, type, purpose, and City or independent agency officer or employee carrying out the purpose; and shall be posted on a City or independent agency internet site within 45 days of receipt of the gift. (Examples of gifts covered by this subsection include, but are not limited to, tickets or travel to events where City or independent agency official or employee presence is requested, or travel and per diem to inspect products and equipment, or gifts of personal property to the City or independent agency).

(Ord. 2018-710-E , � 2)

Sec. 602.703. Prohibited offering of gifts.

It is a violation of this Chapter for a lobbyist, or principal or employer of a lobbyist, or any person or entity listed in Section 602.701(a), to knowingly offer a gift to an officer or employee of the City or an independent agency which would cause a violation of Section 602.701 if accepted.

(Ord. 2018-710-E , � 2)

Sec. 602.704. Penalties.

(a) It shall be a violation of this Chapter for any person to violate a provision of this Part.

(b) The first allegation that a person has violated any policy adopted by the person's department or agency pursuant to section 602.701(b) shall be handled according to existing policies and procedures by the Employee Services Department of the Executive Department or the human resources or ethics office of the respective agency, with notification to and in consultation with the Office of Ethics, Compliance and Oversight. The Employee Services Department of the Executive Department or the human resources or ethics office of the respective agency shall have the option to defer such handling and refer the matter directly to the Jacksonville Ethics Commission. Any subsequent allegations of violations by a person who has previously been determined to have violated any policy adopted by a department or agency pursuant to section 602.701(b) shall be filed as a complaint with the Jacksonville Ethics Commission.

(c) In addition to any penalties prescribed by law, the City, Constitutional Officer or an independent agency shall be entitled to recover from the officer or employee the amount of the fee, commission, gift, gratuity, loan or other consideration. This recovery may be imposed as a fine by the Circuit Court or by the Jacksonville Ethics Commission. The City, Constitutional Officer or independent agency may also file a civil action to pursue the funds.

(Ord. 2018-710-E , � 2)

PART 8. LOBBYING

Sec. 602.801. Registration of lobbyists; registration statements.

(a) For purposes of the registration provisions of this Part, lobbying is defined as the attempt to influence the governmental decision making of an officer or employee of the City, or of an independent agency, or the attempt to encourage the passage, defeat, or modification of any legislation, proposal or recommendation of the City or of an independent agency, or of an officer or employee of the City or of an independent agency. Lobbying shall not include the following:

(1) Legal or settlement discussions directed toward an attorney for the City or of an independent agency; or

(2) Participation in a quasi-judicial proceeding involving the City or an independent agency (except that all ex-parte communication to a decision maker or non-lawyer City or independent agency employee constitutes lobbying).

(b) Each person who lobbies, for compensation as a lobbyist, any officer or employee of the City, or of an independent agency, shall, prior to commencement of lobbying activities on any issue, register his or her name, the person or entity for which the lobbying is taking place (principal), and the purpose and issue for which the lobbying is taking place, with the City's Council Secretary. Registration may be for an annual period or for a lesser, stated period, but no person may lobby unless he or she is first registered. A person may register as a lobbyist on his or her own volition or he or she may be required by any officer or employee to register before he or she addresses such officer or employee if he or she is not already registered with the Council Secretary. The Council Secretary shall maintain a book in which the registration statements and oaths submitted by lobbyists shall be entered, together with corrections and amendments as herein authorized and required. If a person shall cease to be a lobbyist, his or her registration statement and oath shall be removed from the book of active lobbyists and shall be placed in a book of inactive or former lobbyists; but no person may have a registration statement and oath on file in both books.

(c) (1) When a person registers as a lobbyist, he or she shall file a registration statement and oath in the form developed from time to time by the Office of General Counsel, in consultation with the City Ethics Officer, the Council Secretary and the Ethics Commission. The Council Secretary, in consultation with the Office of General Counsel, is authorized to reject or strike non-conforming registrations. No person may commence or continue lobbying activity related to a rejected or stricken registration statement until such time as a corrected registration statement is submitted and accepted by the Council Secretary.

(2) A registration statement may be corrected or amended at any time by the registrant by the submission of a subsequent registration statement and oath setting forth the correcting or additional information that the registrant wishes to place on file. A statement that the subsequent registration statement corrects or amends the previous registration statement shall be inserted in the body of the statement, above the lobbyist's signature, noting the substance of the correction or amendment. A registration statement shall be corrected or amended if any material fact concerning the purpose for which or persons on whose behalf the registrant filed the registration statement changes.

(3) A registration statement and oath that is not renewed by the end of the period for which it is filed shall expire and may not thereafter be relied upon by the lobbyist in support of lobbying activities.

(d) The following persons shall not be required to register as lobbyists:

(1) A public official, City or independent agency employee or salaried employee of a public agency acting in his or her official capacity or in connection with his or her job responsibilities or as authorized or permitted to lobby pursuant to a collective bargaining agreement;

(2) A person who only addresses the Council or independent agency board during the "public comment" portion of its meeting agenda;

(3) A person who appears at the specific request or under compulsion of the Council or a Council committee; or of the board or committee of the board of an independent agency;

(4) Expert witnesses and other persons who give factual testimony about a particular matter or measure, but do not advocate passage or defeat of the matter or measure or any amendment thereto;

(5) A person, not exempt under paragraphs (1) through (4) and otherwise meeting the definition of a lobbyist who received no compensation as a lobbyist;

(6) A Principal or an officer or employee of a principal who performs lobbying activities as part of his or her assigned duties.

(e) This section is limited to registration issues only, and nothing contained in this section shall be interpreted to limit the gift and honoraria solicitation and acceptance prohibitions set forth in Part 7 of this Chapter.

(Ord. 97-890-E, � 1; Ord. 2007-329-E, � 3; Ord. 2008-470-E, � 2; Ord. 2008-839-E, � 5)

Sec. 602.802. Restricted activities.

No information obtained from registration statements required by Section 602.801, Jacksonville Ordinance Code, or from lists compiled from such statements, shall be sold or utilized by any person for the purpose of soliciting campaign contributions or selling tickets to a testimonial or similar fund-raising affair or for commercial purposes.

(Ord. 97-890-E, � 1)

Sec. 602.803. Fee disclosure.

A lobbyist who attempts to persuade or influence a Council Member, a Council committee, or the Council as a whole; or an independent agency board member, committee, or the independent agency as a whole; on any project, contract, development, ordinance, resolution, or agenda item, shall, prior to commencing lobbying efforts, file with the City's Council Secretary a disclosure revealing whether the lobbyist has a financial interest in the contract, development or project that extends beyond its approval, and the percent of that interest.

(Ord. 2007-329-E, � 3; Ord. 2008-839-E, � 5)

Editor's note(s)�Ord. No. 2007-329-E, � 3, amended the Code by adding a new � 602.803, and renumbering former � 602.803 as a new � 602.804.

Sec. 602.804. Penalties.

A person who, knowingly and willfully:

(a) Being at the time required to register as a lobbyist and not exempt from registration, fails or refuses to do so; or

(b) Having registered as a lobbyist, fails or refuses to properly file with the Council Secretary a corrected or amended registration statement when required by Section 602.801(c) to do so; or fails to disclose on the registration statement any information required by this Part;

(c) Continues to act as a lobbyist after the expiration of the period for which the registration statement was filed with the Council Secretary; or

(d) Commits, or procures or acquiesces in the commission of, any violation of this Part;

shall be guilty of a class D offense against the City.

(Ord. 97-890-E, � 1; Ord. 2007-329-E, � 3; Ord. 2008-470-E, � 2)

Note(s)�See editor's note, � 602.803.

PART 9. JACKSONVILLE ETHICS COMMISSION [4]

SUBPART A. CREATION AND ORGANIZATION

Sec. 602.911. Jacksonville Ethics Commission; Creation.

There is hereby created, pursuant to Section 1.202 of the Charter of the City of Jacksonville, the Jacksonville Ethics Commission, the purpose of which is to provide a local forum for consideration and investigation of ethical problems and issues.

(Ord. 2011-167-E, � 2)

Sec. 602.912. Membership, terms, appointment.

(a) Number; terms. The Commission shall be composed of nine members each of whom shall be registered voters of Duval County for six months prior to the introduction of their nomination for confirmation, and who shall be appointed to serve for fixed January 1 to December 31 three-year terms. The terms of the members shall be so staggered that the terms of no more than three members shall expire in any one year. No person shall serve more than two consecutive full terms. If, because of a delay in appointment, a member serves less than two years during the term, then in that event, the term shall not have been considered a full term for purposes of reappointment. A member made ineligible by reason of service of two consecutive full terms may be appointed for another term following a waiting period of three years.

(b) Qualifications. Except as provided for in subsection (d) below, each member shall have one or more of the following qualifications: an attorney; a certified public accountant with forensic audit experience; a former elected official; a former judge; a higher education faculty member or former faculty member with experience in ethics; a former law enforcement official with experience in investigating public corruption; a corporate official with a background in human resources or ethics; a former board member of a City of Jacksonville independent authority; a former government executive with ethics experience.

(1) No member shall be an elected or appointed official, or an employee of the City of Jacksonville or any of its independent agencies, or of any governmental agency subject to the authority of the Commission. No member shall be an active judge, an assistant state attorney or assistant public defender, or an officer of a political party.

(2) Ethics Commission members shall not use their position in any manner that decreases public trust or gives the appearance of impropriety. The Ethics Commission shall establish internal operating rules or bylaws to effectuate this provision.

(3) Any Commission member who files to be a candidate for public office shall immediately resign from the Commission and their position shall be deemed vacant upon filing.

(4) No individual while a member of the Commission shall allow his or her name and title as a commission member to be used by a campaign in support of or against any candidate for public office. Nothing herein shall preclude a member from signing a petition in support of or against any referendum, ballot question or candidate. This rule does not prohibit any campaign contributions by a member, or a member supporting any candidate in his or her own name.

(d) Selection. Each of the following persons or entities shall make an appointment of one of six Commission members whose qualifications are set forth above, to wit: the Mayor, the President of the Council, the Sheriff, the Chief Judge for the Fourth Judicial Circuit, the State Attorney for the Fourth Judicial Circuit, and the Public Defender for the Fourth Judicial Circuit. Three Commission members whose only qualifications are that they have been registered voters in Duval County for six months prior to the introduction of their nomination for confirmation, shall be appointed by the Ethics Commission. All appointments should be made within 30 days of a vacancy occurring. All appointees shall be confirmed by Council but shall serve until Council confirmation or denial.

(Ord. 2011-167-E, � 2)

SUBPART B. POWERS AND DUTIES

Sec. 602.921. Duties and powers.

The Jacksonville Ethics Commission (Commission) shall be authorized to exercise such powers and shall be required to perform such duties as are hereinafter provided. The Commission shall be empowered to review, interpret, render advisory opinions and enforce Chapter 602, Ordinance Code; and, in accordance with Section 1.202 of the Charter, to exercise the following powers and duties:

(a) The Commission is authorized to receive, and to investigate and issue findings with regard to any sworn written complaint alleging a violation of this Chapter or by a complaint initiated by a minimum vote of six members of the Commission alleging a violation of this Chapter. All complaints and records shall be confidential as allowed by Section 112.324, Florida Statutes, or any other applicable state law. In support of this power, the Commission is authorized to establish an ethics "hotline" to receive tips and information, each of which shall be treated with confidentiality as authorized by Florida law. The General Counsel, with the assistance of all appropriate and available offices of the City, shall assist the Ethics Commission in the investigation of complaints. The Ethics Commission may refer matters brought to its attention to the State Attorneys' Office or the Florida Commission on Ethics if it determines jurisdiction is vested in, and action is more appropriate if taken by said agencies.

(b) Provide assistance and input into the management and coordination of the training and education of local officers and employees in state and local ethics, including the City's Ethics Education Program as set forth in Section 602.1001, as well as all public records and sunshine law training throughout the government.

(c) The Commission may, upon employee or citizen complaint, or upon its own initiative, seek information and gather facts for the purpose of reviewing any circumstance or situation of which the Commission may become aware that appears to violate or may potentially violate an acceptable standard of ethics conduct for City officers and employees as delineated in Section 1.202(d) of the Charter. Based upon such review the Commission may make such recommendations to the Mayor and the Council as it deems appropriate;

(d) Have jurisdiction to levy those civil fines or penalties authorized in this Chapter 602 for violations of the City's ethics code;

(e) Act as the hiring committee, subject to Council confirmation, for the executive director of the Ethics Oversight and Compliance office.

(Ord. 2011-167-E, � 2)

SUBPART C. PROCEDURES AND DUE PROCESS

Sec. 602.931. Process for the imposition of sanctions and penalties.

In accordance with Section 602.921(d), and the Charter, the Commission shall perform the following duties in association with the enforcement of Chapter 602 and the imposition of sanctions and penalties including the imposition of public censures and civil penalties.

(a) The Commission shall establish and post rules and procedures to provide for the investigation of citizen, hotline, employee and self-initiated complaints of violations of Chapter 602.

(b) The Commission shall establish and post rules and procedures to provide for due process in the charging and prosecution of violations of Chapter 602.

(c) Meetings of the Commission exempted from the provisions of section 286.011 Florida Statutes, shall be recorded and such recording shall become public upon the conclusion of the investigatory matter, by either a finding of no probable cause to proceed or a final determination by the Commission.

(Ord. 2011-167-E, � 2)

Sec. 602.932. Documents and testimony.

The Commission is authorized to exercise and utilize all procedures and processes available to City agencies, which are authorized by ordinance, the Charter, or Chapter 119, Florida Statutes, to secure the production of documents and testimonial evidence relevant to the investigation and prosecution of complaints and charges authorized by this Chapter; except that, the issuance of a subpoena to compel the production of documents or testimony shall be authorized by a circuit or county judge of the Fourth Judicial Circuit upon a facial demonstration of the relevancy of the documentation or testimony to the enforcement of a provision of Chapter 602, Ordinance Code, the City of Jacksonville's Ethics Code.

(Ord. 2011-167-E, � 2)

Sec. 602.933. Cooperation of other City agencies.

The services of other departments, boards and agencies of the City shall be made available to the Commission at its request, subject to their ability and capacity to provide them. Other City agencies shall cooperate with the Commission in the exercise of the Commission's responsibilities.

(Ord. 2011-167-E, � 2)

Sec. 602.934. Dismissal of complaints.

Notwithstanding any other provisions of this Part, the Commission may, at its discretion: (a) dismiss any complaint at any stage of disposition should it determine that the public interest would not be served by proceeding further, or (b) dismiss any complaint at any stage of disposition and issue a letter of instruction to the respondent when it appears that the alleged violation was inadvertent, unintentional or insubstantial. In the event the Commission dismisses a complaint as provided in this subsection, the Commission shall issue a public report stating with particularity its reasons for the dismissal. The Commission, at the request of the state attorney or any other law enforcement agency, shall stay an ongoing proceeding. The Commission shall not interfere with any ongoing criminal investigation of the state attorney or the U.S. Attorney for the Middle District of Florida.

(Ord. 2011-167-E, � 2)

Sec. 602.935. Frivolous or groundless complaints.

In any case in which the Commission determines that the complaining party filed a frivolous or groundless complaint as defined in Florida Statutes, � 57.105, or a complaint filed with malicious intent or with knowledge that the complaint contains one or more false allegations, or filed with reckless disregard for whether the complaint contains material false allegations, the Commission may, upon proper notice and hearing, order the complaining party to pay any costs and attorneys' fees incurred by the Commission and/or the alleged violator. Such order may be enforced by the Circuit Court, as are other board orders of the City.

(Ord. 2011-167-E, � 2)

Sec. 602.936. Effect on other laws.

The provisions of Chapter 602 shall be deemed supplemental to any other applicable county ordinance or state or federal law and are not intended to replace or repeal any provision of state or federal law, or of this Code.

(Ord. 2011-167-E, � 2)

Sec. 602.937. Prospective jurisdiction.

The Commission shall be empowered to consider alleged violations within its jurisdiction committed on or after the effective date of this Subpart.

(Ord. 2011-167-E, � 2)

Sec. 602.938. Personnel or other regulatory proceedings.

Where an officer or employee subject to the jurisdiction of this Chapter is alleged to have violated an ordinance within the jurisdiction of the Commission, and, based upon the same set of facts, is subject to an ongoing disciplinary, regulatory administrative, or criminal action initiated by the officer or employee's agency or employer, or by any other governmental entity with jurisdiction over the officer or employee, the Commission shall stay consideration of a complaint under this Part applicable to said officer or employee until the conclusion of the administrative, civil, or criminal proceeding. Nothing herein shall abridge employees' constitutional right to collective bargaining.

(Ord. 2011-167-E, � 2)

Sec. 602.939. Statute of limitations.

No action may be taken on a complaint filed more than two (2) years after the violation is alleged to have occurred unless a person, by fraud or other device, prevents discovery of the violation. Where the allegations are the subject of a personnel, criminal or administrative proceeding or where the complainant is required to exhaust his or her administrative remedies prior to filing a complaint, the statute of limitations shall be tolled until the termination of said proceeding or the exhaustion of administrative remedies.

(Ord. 2011-167-E, � 2)

Sec. 602.940. Advisory opinions.

Any person within the jurisdiction of the Commission, when in doubt about the applicability or interpretation of any provision within the Commission's jurisdiction to himself or herself in a particular context, may submit in writing the facts of the situation to the Commission with a request for an advisory opinion to establish the standard of public duty, if any. A person requesting an advisory opinion may withdraw the request at any time up to ten days before the Commission convenes a public meeting to consider the request. An advisory opinion shall be rendered by the Commission on a timely basis, and each such opinion shall be numbered, dated and published.

(Ord. 2011-167-E, � 2)

Sec. 602.941. Review.

Any final order of the Commission imposing civil penalties, censure, or costs or attorneys' fees may be reviewed by the Circuit Court, in such manner as is authorized for review of quasi judicial board decisions.

(Ord. 2011-167-E, � 2)

PART 10. ETHICS EDUCATION

Sec. 602.1001. Ethics education program.

Officers and employees of the City, as public servants, are considered stewards of the public's trust and should aspire to the highest level of integrity and character. Officers and employees shall be informed of their ethical responsibilities at the start of their work with the City and shall receive updates and training materials on ethics issues throughout the span of their public service, as designated by the City Ethics Office and Ethics Officer(s).

(a) Every officer and employee of the City must be responsible for understanding and complying with the provisions of this Chapter.

(b) Every elected official shall attend an Ethics in Government Program within a time period set by the Ethics Director, with the concurrence of the General Counsel, but said time period shall not be less than 45 days following certification of election. Upon fulfillment of this requirement, each elected official will be issued a digital certificate of completion by the Jacksonville Ethics Office. Constitutional Officers complying with the State requirements and who submit proof of same and affirm that they have also read and understood the requirements of Chapter 602 Jacksonville Ethics Code, Ordinance Code, shall be issued a digital certificate of completion by the Jacksonville Ethics Office.

(c) Every employee (regular and appointed) of the City shall complete an Employee Ethics Training Program within the first six months of his/her employment with the City. Current employees shall complete training as designated in a schedule developed by the City Ethics Office. Upon fulfillment of this requirement, each employee will be issued a certificate of completion by the City Ethics Office.

(d) The City Ethics Office shall provide ethics education materials to appointed officials, and encourage appointed officials to attend an Ethics in Government Program.

(e) The Ethics in Government Program and Employee Ethics Training Program shall be created and delivered by the City Ethics Office with assistance from the City's Ethics Officer(s) and the General Counsel's Office.

(f) The programs shall include topics as determined necessary to explain the provisions of this chapter, the Florida Statutes concerning ethics and general ethics issues. Topics shall be determined based upon state law requirements and other issues as identified by the Ethics Director, Office of General Counsel and the Ethics Commission. This training shall not duplicate the training requirements of F.S. � 112.3142.

(Ord. 97-890-E, � 1; Ord. 2007-770-E, � 1; Ord. 2007-329-E, � 3; Ord. 2016-6-E , � 1)

Sec. 602.1002. Reserved.

Editor's note(s)�Ord. 2014-456-E, � 1, amended the Code by repealing former 602.1002 in its entirety. Former � 60.1002 pertained to annual ethics training for City Council Members, and derived from Ord. 2014-3-E, � 1.

PART 11. CIVIL PENALTIES

Sec. 602.1101. Public Reprimand or Civil Penalty.

A finding by the Ethics Commission of a violation of any part of this Chapter shall subject the person or entity to a public reprimand, a civil penalty of up to $500, or both. All civil penalties collected shall be deposited into the City of Jacksonville General Fund.

(Ord. 2014-457-E, � 1)

Sec. 602.1102. Rescission or Voidance of Benefit.

Upon a finding by the Ethics Commission that a violation of this Chapter resulted in a contract, grant, subsidy, license, permit, franchise, use, certificate, development order or other benefit conferred by the Jacksonville City Council as applicable, then such contract, grant, subsidy, license, permit, franchise, use, certificate, development order or other benefit may be rescinded or declared void by the Jacksonville City Council at the request of the Ethics Commission.

(Ord. 2014-457-E, � 1)

PART 12. GENERAL PROVISIONS

Sec. 602.1201. Voiding transactions in violation of Chapter; recovery by City.

The Mayor may declare void and rescind any contract, loan, grant, subsidy, license, right, permit, franchise, use, authority, privilege, certificate, ruling, decision, opinion or other benefit that has been awarded, granted, paid, furnished or published, in relation to which there has been any violation of this Chapter. The City shall be entitled to recover, in addition to any penalty prescribed by law or in a contract, the amount expended or the thing transferred or delivered on its behalf, or the reasonable value thereof.

(Ord. 97-890-E, � 1; Ord. 2007-329-E, � 3)

Sec. 602.1202. Liability for breach of public trust.

(a) Article II, Section 8(c) of the Constitution of the State of Florida applies to all officers and employees of the City and independent agencies. Section 8(c) states the following:

Any public officer or employee who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the state for all financial benefits obtained by such actions. The manner of recovery and additional damages may be provided by law.

(b) Any officer or employee of the City or an independent agency who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the City or an independent agency for all financial benefits obtained by such actions.

(Ord. 97-890-E, � 1; Ord. 2011-232-E, � 3; Ord. 2019-220-E , �� 1, 6)

Editor's note(s)�Ord. 2019-220-E , �� 1 and 6, amended the Code by repealing former � 602.1202, which pertained to the Constitution of the State of Florida and derived from Ord. 97-890-E, � 1, and renumbering former � 602.1204 as a new � 602.1202.

Sec. 602.1203. Personnel rules and regulations.

All employees of the City shall comply with the applicable provisions of Sections 11.01�11.04, Civil Service and Personnel Rules and Regulations, to the extent that they do not conflict with the provisions of this code of ethics.

(Ord. 97-890-E, � 1; Ord. 2019-220-E , �� 2, 6)

Editor's note(s)�Ord. 2019-220-E , �� 2 and 6, amended the Code by repealing former � 602.1203, which pertained to State statutes and derived from Ord. 97-890-E, � 1, and renumbering former � 602.1206 as a new � 602.1203.

Sec. 602.1204. Severability.

It is not the intent of this Code to conflict with any applicable state law. If any Section, sentence, clause, phrase or word of this Chapter is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portion of this Chapter; and it shall be construed to have been the legislative intent to pass this Chapter without such unconstitutional, invalid or inoperative part therein; and the remainder of this Chapter, after exclusion of such part of parts, shall be deemed and held to be valid as if such part or parts had not been included therein.

(Ord. 97-890-E, � 1; Ord. 2019-220-E , � 6)

Editor's note(s)�Ord. 2019-220-E , � 6, amended the Code by renumbering former � 602.1209 as a new � 602.1204. Former � 602.1204 has been renumbered as 602.1202. See note, � 602.1202.

Sec. 602.1205. Cooperation in official investigations.

(a) All officers, employees, and independent contractors of the City or an independent agency, as a condition of employment, retention, and receipt of City funds, shall agree to cooperate truthfully, honestly, and completely with official government investigations including but not limited to, investigations by the Ethics Commission, Ethics Officer, State Attorney's Office, or United States Attorneys' Office, concerning his or her official duties or matters related to City government or business. Employment discipline of employees for violating this subsection � but not for recourse pursuant to sections 602.1101 and 602.1208 � must comply with collective bargaining requirements, if applicable. For independent contractors, this subsection applies to contracts executed or amended after the effective date of Ordinance 2020-104.

(b) It shall be a violation of this Chapter for any officer, employee, or independent contractor of the City or any independent agency to violate any provision of this Section.

(Ord. 97-890-E, � 1; Ord. 2011-232-E, � 3; Ord. 2019-220-E , �� 3, 6; Ord. 2020-104-E , � 1)

Editor's note(s)�Ord. 2019-220-E , �� 3 and 6, amended the Code by repealing former � 602.1205, and renumbering former � 602.1210 as a new � 602.1205. Former � 602.1205 pertained to additional ordinances and derived from Ord. 97-890-E, � 1, Ord. 2007-329-E, � 3.

Sec. 602.1206. Testimony and questioning of public officials and employees relating to public affairs.

(a) No officer or employee of the City or an independent agency, who is called as a witness by or before any City, State or Federal administrative or judicial tribunal, shall refuse to answer before the tribunal any proper question concerning the performance of his or her official duties or to produce books, records and other papers and documents of his or her office or concerning his or her official duties properly required to be produced by or before the tribunal; provided, that the officer or employee shall retain his or her privileges and immunities against self-incrimination provided under the Constitution and laws of the state and the United States.

(b) No employee of the City or an independent agency shall refuse to answer any question when directed to by a supervisor related to the employee's performance or fitness to serve; provided, that the employee shall retain those privileges and immunities provided under the Constitution and laws of the state and the United States, relating to the use of said information in a criminal prosecution.

(Ord. 97-890-E, � 1; Ord. 2007-329-E, � 3; Ord. 2011-232-E, � 3; Ord. 2019-220-E , � 6)

Editor's note(s)�Ord. 2019-220-E , � 6, amended the Code by renumbering former � 602.1206 as a new � 602.1203, and renumbering former � 602.1211 as a new � 602.1206.

Sec. 602.1207. Disclosure of criminal records required.

A person, when applying for or when appointed to a City position, with or without compensation, shall be required to disclose to the appointing or hiring authority any criminal conviction and record thereof, with the exception of crimes that are classified or, if not committed in Florida, would be classified if committed in Florida, as misdemeanors of the second degree. Disclosures shall be made in writing and failure to disclose shall result in automatic removal or dismissal from the position, subject to the rules and regulations of the civil service system where applicable. If, at any time after the person is appointed to a City position, there is an allegation that the disclosure required by this Section is false or incomplete, the matter shall be submitted to the appointing or hiring authority for determination. If, after proper notice and hearing the cognizant authority determines that the disclosure is correct, no action shall be taken; but if, after proper notice and hearing, the cognizant authority determines that the disclosure is incorrect, the person submitting the same shall be deemed to have failed to make any disclosure.

(Ord. 97-890-E, � 1; Ord. 2011-232-E, � 3; Ord. 2019-220-E , �� 4, 6)

Editor's note(s)�Ord. 2019-220-E , �� 4 and 6, amended the Code by repealing former � 602.1207, and renumbering former � 602.1212 as a new � 602.1207. Former � 602.1207 pertained to public records and derived from Ord. 97-890-E, � 1; and Ord. 2007-329-E, � 3

Sec. 602.1208. Penalty provisions.

Unless otherwise set forth in this Chapter, any violation of this Chapter, which is declared to be unlawful, shall be a class C offense.

(Ord. 2011-232-E, � 4; Ord. 2019-220-E , �� 5, 6)

Editor's note(s)�Ord. 2019-220-E , �� 5 and 6, amended the Code by repealing former � 602.1208, and renumbering former � 602.1213 as a new � 602.1208. Former � 602.1207 pertained to government in sunshine and derived from Ord. 97-890-E, � 1; and Ord. 2007-329-E, � 3; Ord. 2010-172-E, � 2; and Ord. 2014-457-E, � 1.

[1]Editor's note(s)�Ord. 97-890-E, � 1, effective June 4, 1999, amended the Code by repealing former Ch. 602, �� 602.101�602.114, and added a new Ch. 602. Former Ch. 602 pertained to offenses relating to official duties, and derived from Ord. 83-591-400, � 1, and Ord. 92-1458-1427, � 1.

State law reference(s)�Public officers, Fla. Const. Art. II, � 5; ethics in government, Fla. Const. Art. II, � 8; code of ethics, F.S. � 112.311 et seq.; bribery, F.S. � 838.015; unlawful compensation or reward for official behavior, F.S. � 838.016; offenl.3ses by public officers and employees, F.S. Ch. 839; allowing escape, F.S. � 843.09 et seq.

[2]Editor's note(s)�Ord. 2011-232-E, � 5, repealed former Subpart B, �� 602.450, 602.452 and 602.455. Former Subpart B pertained to reporting requirements, and derived from Ord. 97-890-E, � 1; and Ord. 2007-329-E, � 3.

[3]Editor's note(s)�Ord. 2018-710-E , � 2, amended the Code by, in effect, repealing former Pt. 7, �� 602.701�602.704, and adding a new Pt. 7. Former Pt. 7 pertained to gifts and honoraria, and derived from Ord. 97-890-E; rd. 2002-117-E; Ord. 2007-329-E; Ord. 2008-839-E; Ord. 2011-232-E; Ord. 2014-233-E; and Ord. 2014-457-E.

[4]Editor's note(s)�Ord. 2011-167-E, �� 1, 2, amended the Code by repealing former Pt. 9, �� 602.901�602.904, and adding a new Pt. 9. Former Pt. 9 pertained to similar subject matter, and derived from Ord. 97-890-E, � 1; Ord. 2001-1092-E, � 1; Ord. 2005-1462-E, � 1; and Ord. 2007-329-E, � 3.

Story Topics:

City Related

Main menu

You are here

Jax Ethics Code

Chapter 602 Table of Contents

Chapter 602 JACKSONVILLE ETHICS CODE [1]

PART 1. IN GENERAL

PART 2. DEFINITIONS

PART 3. INSPECTOR GENERAL

PART 4. CONFLICTS OF INTEREST

SUBPART A. CONFLICTING RELATIONSHIPS

SUBPART B. RESERVED [2]

PART 5. WHISTLEBLOWER PROTECTION

PART 6. OFFICE OF ETHICS, COMPLIANCE AND OVERSIGHT

SUBPART A. CREATION AND ORGANIZATION

SUBPART B. DUTIES

SUBPART C. INDEPENDENT AUTHORITIES

PART 7. GIFTS [3]

PART 8. LOBBYING

PART 9. JACKSONVILLE ETHICS COMMISSION [4]

SUBPART A. CREATION AND ORGANIZATION

SUBPART B. POWERS AND DUTIES

SUBPART C. PROCEDURES AND DUE PROCESS

PART 10. ETHICS EDUCATION

PART 11. CIVIL PENALTIES

PART 12. GENERAL PROVISIONS

Search form

Navigation

Popular content

Last viewed:

Recent blog posts