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Jax Ethics Code

Sunday, May 14th, 2006

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CHAPTER 602 - JACKSONVILLE
ETHICS CODE

PART I

602.101 Legislative
intent and declaration of policy; aspirational goals.

It is declared to be the policy of the city of
Jacksonville that all officers and employees of the city or an independent
agency are public servants of the people and hold their positions for the
benefit of the public. 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.

(c) Promote and ensure compliance with local, state, and
federal ethics law.

(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.

PART II

602.201 Definitions.

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

(a) Advisory body means any board, commission, committee,
council or authority, however selected, whose total budget, appropriations, or
authorized expenditures constitute less than 1 percent of the budget of each
agency it serves or $100,000, whichever is less, and whose powers,
jurisdiction, and authority are solely advisory and do not include the final
determination or adjudication of any personal or property rights, duties, or
obligations, other than those relating to its internal operations. Any board,
commission or authority which has the authority to appropriate money or to
exercise quasi-judicial functions is specifically excluded.

(b) Advisory body official means any person appointed to
an advisory body.

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

(1) Executive branch employee, appointed by the Mayor and
confirmed by the Council;

(2) Any other person appointed by the Mayor, except persons
employed solely in maintenance, clerical, secretarial or similar positions;

(3) Any person appointed by the City Council, except persons
employed solely in maintenance, clerical, secretarial, or similar positions;

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

(d) Appointed official means any person appointed
to any board, commission, or authority, but excludes any advisory body official. (e) 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.

(f) City means the Consolidated City of
Jacksonville.

(g) Civil service employee means any individual,
other than an individual exempted by Section 19.06, Jacksonville Ordinance
Code, receiving compensation for services performed for the city, except
individuals performing services as independent contractors.

(h) 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.

(i) Code means the Jacksonville Ethics Code, Chapter
602, Ordinance Code.

(j) Controlling interest means that the person
owns or has an interest in a business entity sufficient to allow him or her to
control its operations. In the absence of evidence to the contrary,

(1) ownership of (I) ten percent of the voting stock in a corporation
or (ii) any interest in a partnership, limited partnership (if this interest is
other than as a limited partner with no legal right of control, management or
operation), firm, enterprise, franchise or association or

(2) the holding of an office in the corporate or business
structure which is associated with the management and operation of the business
entity, shall be deemed to be a controlling interest.

(k) Elected Official means any individual elected
to any office created by the Charter of the city of Jacksonville.

(l) 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.

(m) Ethics Commission means the Jacksonville Ethics
Commission.

(n) Executive Branch Department means a department
of the city created in Chapters 20-40, Ordinance Code.

(o) Fair market value means the price that would
be paid by a willing buyer to a willing seller in a good faith transaction in
which neither party is compelled to enter.

(p) 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,
gifts, or expenses associated primarily with the donee's employment or business
or provided to the donee by the city, to the extent that such gift is not
inconsistent with the applicable provisions of Section 112.3148, Florida
Statutes;

(ii) Contributions or expenditures reported pursuant to
Chapter 106, Florida Statutes, 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) An honorarium or an expense related to an honorarium
event paid to a person or a person's spouse;

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

(viii) 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.

(ix) Gifts solicited or accepted from a 'relative', as
that term is defined in Section 112.312(21), Florida Statutes.

(3) For the purpose of Section (1) above, 'intangible
personal property' means property as defined in Section 192.001 (11) (b), Florida Statutes.

(q) Governmental action means any administrative
or legislative action other than an action which is ministerial or
quasi-judicial in nature.

(r) Honorarium

(1) Honorarium means a payment of money or anything
of value, directly or indirectly, to a reporting individual or procurement
employee, or to any other person on his or her behalf, as consideration for:

(i) A speech, address, oration or other oral
presentation by the reporting individual or procurement employee, regardless of
whether presented in person, recorded, or broadcast over the media;

(ii) A writing by the reporting individual or procurement
employee, other than a book, which has been or is intended to be published.

(2) The term honorarium does not include:

(i) The payment for services related to employment held
outside the reporting individual's public position which resulted in the person
becoming a reporting individual;

(ii) Any ordinary payment or salary received in
consideration for services related to the reporting individual's or procurement
employee's public duties;

(iii) A campaign contribution reported pursuant to
Chapter 106, Florida Statutes;

(iv) The payment or provision of actual and reasonable
transportation, lodging, and food and beverage expenses related to the
honorarium event, including any event or meeting registration fee, for a
reporting individual or procurement employee and spouse.

(s) Immediate family means:

(1) A spouse and

(2) Any dependent minor child.

(t) Independent Agency means the Duval County
School Board, the Jacksonville Transportation Authority, the Jacksonville Port
Authority, the JEA and the Jacksonville Housing Authority.

(u) 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.

(v) 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.

(w) Material interest means the direct ownership of
more than five percent of the total assets or capital stock of a business
entity.

(x) Officer means any person elected to any city
office and any appointed official.

(y) Permitting employee means any employee of the
city who participates through decision, approval, disapproval, recommendation
or preparation of a permit or permit application.

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

(aa) Procurement employee means any employee of the
city who participates through decision, approval, disapproval, recommendation
or preparation of any part of a purchase request, influencing the content of
any specification or procurement standard, rendering of advice, investigation
or auditing or in any other advisory capacity in the procurement of contractual
services or commodities as defined in Section 287.012, Florida Statutes,
if the cost of such services or commodities exceeds $1,000 in any year.

(bb) 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
Community Relations 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;

(cc) Reporting individual means and includes:

(1) Elected officials;

(2) Appointed officials;

(3) Appointed employees;

(4) Procurement employees.

(5) Permitting employees;

(6) Zoning Employees.

(dd) Zoning employee means any employee of the city
who participates through decision, approval, disapproval, recommendation or
preparation of a zoning matter or application.

PART III MISUSE OF
CITY EMPLOYMENT OR CITY PROPERTY

602.301 Coercion of
specific business trading prohibited.

It is unlawful for any officer or employee of the city or
an independent agency to discharge or threaten to discharge any other officer
or employee for trading or not trading as a customer or patron with any
particular business. Any type of notice, direct or indirect, secretly or
openly given, to so trade or not trade, constitutes a threat under this
section.

602.302 Use of
public property.

It is unlawful for an officer or employee of the city or
an independent agency to knowingly use property owned by the city or an
independent agency for his or her personal benefit, convenience or profit,
except in accordance with policies promulgated by the Council or by the
governing body of the independent agency owning the property.

602.303 Receipt or
charge of commissions or gifts for official transactions.

(a) It shall be unlawful and a Class D offense for an
officer or employee of the city or an independent agency to charge, be the
beneficiary of or receive, directly or indirectly, any fee, commission, gift,
gratuity, loan or other consideration for or in connection with any transaction
or business done, performed or rendered in the course of his or her official
duties and responsibilities.

(b) In addition to any penalty prescribed by law, the
city 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 court
adjudicating the person guilty or in a civil action in the name of the city or
an independent agency.

(c) This section shall not apply to officers or employees
who are entitled by law to receive a fee or commission for their services.

602.304 Accounting
generally for public money.

It shall be unlawful for an officer, employee or agent of
the city or an independent agency, or any person designated as a custodian or
depository of public funds, having received public money which he or she is not
authorized to retain as salary, pay or reimbursement, to fail to render an
accounting for the money as provided by law. Upon conviction and adjudication
of guilt, he or she shall be fined in a sum equal to the amount of the public
money for which he or she did not account or imprisoned for not more than one
year, or both.

602.305 Officer,
employee or agent falsely certifying full payment.

It shall be unlawful for an officer, employee or agent of
the city or an independent agency to accept, receive or certify any receipt or
voucher from a creditor of the city or an independent agency without having
paid the full amount specified therein to the creditor in such funds as the
officer, employee or agent received for disbursement, or in such funds as he or
she may be authorized by law to take in exchange. Upon conviction and
adjudication of guilt, he or she shall be fined in a sum equal to double the
amount withheld or imprisoned for not more than one year, or both.

602.306 Officer or
employee converting property of another.

It shall be unlawful for any officer or employee of the
city or an independent agency to embezzle or wrongfully convert to his or her
own use the money or property, whether real or personal, of another which comes
into his or her possession or under his or her control or execution of the
duties and responsibilities of his or her office or employment, or under color
or claim of authority as an officer or employee of the city or an independent
agency. Upon conviction and adjudication of guilt, he or she shall be fined in
a sum equal to the value of the money or property embezzled or converted or
imprisoned for not more than one year, or both.

602.307 Officer or
employee trading in public property.

It is unlawful for any officer or employee of the city or
an independent agency concerned in the collection or disbursement of the
revenues of the city or an independent agency to carry on any trade or business
with the funds or debts or with any public property of the city or an
independent agency, for any purpose other than official responsibilities. Upon
conviction and adjudication of guilt, he or she shall be fined in an amount
equal to the value of the property traded in or imprisoned for not more than
one year, or both. A person convicted and adjudicated guilty under this
section shall be incapable of holding any office or employment with the city or
an independent agency involving the collection or disbursement of public funds.

602.308 City seal
wrongfully used and instruments wrongfully sealed.

It is unlawful and a Class D offense for any person
fraudulently or wrongfully to affix or impress the city seal to or upon any
certificate, instrument, commission, document or paper or, with knowledge of
its fraudulent character, with wrongful or fraudulent intent, to use, buy,
procure, sell or transfer to another any certificate, instrument, commission,
document or paper, to or upon which the city seal has been fraudulently affixed
or impressed.

602.309 Prohibited
activities relating to promotion or appointment.

It shall be unlawful and a Class D offense for any person
seeking employment to, or promotion in, the city or independent agency service
to either directly or indirectly give, promise, render, or pay any money,
service, or other valuable thing to any person for, or on account of, or in
connection with or for the purpose of influencing or affecting their test,
appointment, proposed appointment, promotion or proposed promotion.

602.310 Misuse of
position, information, etc.

(a) It is unlawful for an officer or employee of the city
or an independent agency to intentionally use his or her official position to
secure, by coercion or threat, a special privilege or exemption for himself,
herself or others, or to secure confidential information for any purpose other
than official responsibilities.

(b) It is unlawful for an officer or employee of the city
or an independent agency to intentionally or knowingly disclose any
confidential information gained by reason of said officer or employee''s
position concerning the property, operations, policies, or affairs of the city
or an independent agency, or use such confidential information for
pecuniary gain.

602.311 Private use
of city vehicles prohibited.

Except as enumerated in Sections 122.301, 122.306, and
122.307, Jacksonville Ordinance Code, all officers and employees of the city
are prohibited from operating or using vehicles, owned or leased by the city,
for private purposes.

602.312 Penalty provisions.

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

PART IV CONFLICTS OF
INTEREST

Subpart A. Conflicting
Relationships

602.401 Activities
of officers and employees in matters affecting city.

(a) It shall be unlawful and a Class C offense for an
officer or employee of the city or an independent agency, otherwise than in the
proper discharge of his or her official duties:

(1) To act as agent or attorney for prosecuting any claim
against the city or an independent agency, or to receive any gratuity or any
share of or interest in any claim against the city or an independent agency, in
consideration of assistance in the prosecution of the claim;

(2) To act as agent or attorney for anyone before any unit
of government in connection with any proceeding, application, request for a
ruling or other determination, contract, claim, controversy, charge,
accusation, arrest or other particular matter in which the city or an independent
agency is a party or has a direct and substantial interest;

(3) To act as agent or attorney for anyone before any unit
of government in connection with a proceeding, application, request for a
ruling or other determination, contract, claim, controversy, charge or other
particular matter with respect to which he or she, or a unit of government of
which he or she is a member, has acted upon in an official capacity either
before or concurrently with his or her acting as agent or attorney.

(4) To testify as an expert witness in any proceeding before
any body or court over the objection of the city or an independent agency.

(b) Nothing in this section shall prevent an officer or
employee of the city or an independent agency, if not inconsistent with the
faithful performance of his or her duties, from acting without compensation as
agent or attorney for a person who is the subject of disciplinary or other
personnel administrative proceedings in connection with those proceedings.

(c) Nothing in this section shall prevent an officer or
employee of the city or an independent agency from acting, with or without
compensation, as agent or attorney for his or her parents, spouse, child or any
person for whom, or for any estate for which, he or she is serving as personal
representative except in those matters in which he or she has participated
personally and substantially as an officer or employee of the city or an
independent agency, through decision, approval, disapproval, recommendation,
the rendering of advice, investigation or otherwise, or which are the subject
of his or her official responsibility; provided, that the official responsible
for appointment to his or her position approves.

(d) Other than the restrictions in paragraph (a)(4)
above, nothing in this section shall prevent an officer or employee of the city
or an independent agency from giving testimony under oath or from making
statements required to be made under penalty for perjury or contempt.

(e) It shall be unlawful and a class C offense for any
person, who is a partner of an officer or employee of the city or an
independent agency, 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 the officer or employee of the city or an independent agency participates
or has participated personally and substantially as an officer or employee,
through decision, approval, disapproval, recommendation, the rendering of
advice, investigation or otherwise, or which is the subject of his or her
official responsibility.

(f) The provisions in subsection (a) (1), (2), (3), and
(4) do not apply to advisory body officials.

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

(a) It shall be unlawful and a class C offense 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 unlawful and a class C offense 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 shall certify in writing that the
public interest would be served by the action or appearance by the former
officer or employee.

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.

602.404 Future
employment.

(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.

602.405 Disclosure
of non-city employment.

(a) All officers or employees of the city shall disclose
any private, non-city employment.

(b) For officers or employees currently employed by the
city, the disclosure shall be filed within 30 days from the effective date of
this Ordinance.

(c) For officers or employees who become officers or
employees after the effective date of this Ordinance, the disclosure shall be
filed within 30 days from the beginning date of his or her employment.

(d) All city officers or employees shall file the
disclosure with the Human Resources Director on a form prepared by the Human
Resources Director.

(e) All officers or employees of the city shall file an
updated disclosure form whenever any of the information required by the form
changes.

602.406 Reserved.

602.407 Reserved.

602.408 Approval
required for non-city employment performed by appointed employees.

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.

602.409 Cooperation
by appointed employees in official investigations.

All appointed employees, as a condition of employment,
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.

602.410 Testimony
of public officials relating to public affairs.

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 privilege against self-incrimination under the Constitution and laws of the
state and the United States.

602.411 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.

Subpart B. Reporting
Requirements

602.450 Disclosure
of financial interests.

(a) Elected and appointed officials are already
required by state law under Section 112.3145, Florida Statutes, to disclose
financial interests. This section expands this requirement to include
appointed employees.

(b)

(1) Each appointed employee shall file a statement of
financial interests identical to that prescribed by Section 112.3145, Florida
Statutes, within 30 days from the date of appointment or from the date on which
the employment begins. Each appointed employee, employed as an appointed
employee on the effective date of this code, shall file a statement of
financial interest within 30 days from the effective date of this code.
Thereafter, each appointed employee shall file a statement of financial interests
no later than July 1 of each year.

(2) Any person required to file a reporting form pursuant to
state law shall file the form in accordance with state law. All other
individuals required to report by this section shall file such forms with the
Ethics Commission.

602.451 Reserved.

602.452 Council and
affected agency to be informed.

As soon as practicable after the filing of the disclosure
form as required by s. 602.451(b):

(a) If it was filed with the Council Secretary, he or she
shall:

(1) Place the disclosure on the agenda of the next ensuing
regular meeting of the Council as a communication to the Council.

(2) Place the disclosure on the agenda of the next ensuing
meetings of all Council committees, if any, which have under consideration the
matter or contract which is the subject of the disclosure.

(3) Forward a copy of the disclosure to all appointed
employees or appointed officials and department heads of the city before whom
the matter or contract is pending.

(b) If it was filed with the chief administrative officer
of an independent agency, he or she shall:

(1) Place the disclosure on the agenda of the next ensuing
regular meeting of the governing body of such independent agency as a
communication to such governing body.

(2) If the concurrence of the Council, any appointed
employee or appointed official of the city or of any other independent agency
is required by law to any action by the independent agency with which the form
was filed, on the matter or contract which is the subject of the disclosure,
forward a copy of the disclosure to the Council Secretary, to the appointed
employee or appointed official or to the chief administrative officer of the
other independent agency, as appropriate.

602.453 Public
official bid and contract disclosure.

(a) A public official who knows that he or she has a
financial interest in a bid or contract shall make disclosure in writing to the
Purchasing 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 unlawful and a Class D offense for a
public official to fail or refuse to make the disclosure required in subsection
(a) above.

(c) For purposes of this section, bid means any
written bid, written proposal, written quote or written offering of any kind or
description whatsoever for either a formal purchase or a sales transaction
under the provisions of the Purchasing Code, Section 126.112, Jacksonville
Ordinance Code, and having a value in excess of $12,000 for capital
improvements, contractual services or supplies or $8,000 or more for
professional services.

(d) For purposes of this section contract means
any written contract, written agreement, written purchase order or other
written document used to evidence the existence of a formal purchase or sales
transaction under the provisions of the Purchasing Code, Section 126.112,
Jacksonville Ordinance Code, and having a value in excess of $12,000 for
capital improvements, contractual services or supplies or $8,000 or more for
professional services, 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, or any one or more individuals who have
been appointed to the governing body of any independent agency of the city.

(f) For purposes of this section, financial interest
means any ownership interest of a public official in any bidder, contractor or
first tier subcontractor (that is, a person or business entity under contract
to provide or providing professional services, labor, materials, supplies or
equipment directly to the 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 or using agency, as the case may be, acting
by and through its awarding authority, may 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, and may declare the same
null and void.

602.454 Reserved.

602.455 State
filings.

Any person who properly and timely files and report or
disclosure under State law that is substantially similar to the report or
disclosure required to be made pursuant to this Code is relieved from any additional
reporting or disclosure of such similar information under this Code. All
reports or disclosures required pursuant to this Code shall use the form
prescribed under State law that provides such similar information unless the
Ethics Commission adopts a specific form for such report or disclosure.

PART V MISCELLANEOUS
MALFEASANCE OR MISFEASANCE

602.501 Officer
permitting escape.

It is unlawful and a Class D offense for any law
enforcement or correctional officer of the city, having in his or her custody
any prisoner by virtue of a lawful arrest or process issued under the authority
of the state or the United States, intentionally or with culpable negligence to
permit, suffer or encourage the prisoner to escape. In addition, the officer
shall be subject to disciplinary action, including dismissal from employment.

602.502 Title
records.

It is unlawful and a Class C offense for any person, being
an officer or other person authorized by law to record a conveyance of real
property or any other instrument which by law may be recorded, knowingly to
certify falsely that the conveyance or instrument has or has not been recorded.

602.503 Officer or
employee failing to make returns or reports.

It is unlawful and a Class B offense for an officer or
employee of the city or an independent agency to neglect or refuse to make any
return or report which he or she is required to make at stated times by any law
or rule made pursuant to law within the time prescribed by the law or rule.

602.504 Interference
with civil service examinations.

It is unlawful and a Class C offense for any person, being
a member of the Civil Service Board or an employee of the city, willfully and
corruptly:

(a) To defeat, deceive or obstruct an individual in
respect of his or her right of examination according to the personnel rules and
regulations for the administration of the civil service.

(b) To mark, grade, estimate or report falsely on the
examination or proper standing of an individual examined.

(c) To make a false representation concerning the mark,
grade, estimate or report on the examination or proper standing of an
individual examined, or concerning the individual examined.

(d) To furnish to an individual any special or secret
information for the purpose of improving or injuring the prospects or chances
of an individual examined, or to be examined, being appointed, employed or
promoted.

602.505 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.

602.506 Forfeiture
of pension rights

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

Any public officer or employee who is convicted of a felony involving a breach
of public trust shall be subject to forfeiture of rights and privileges under a
public retirement system or pension plan in such manner as may be provided by
law.

(b) Section 112.3173, Florida Statutes, applies to all
officers and employees of the city and independent agencies. Section
112.3173(3) states the following:

FORFEITURE.--Any
public officer or employee who is convicted of a specified offense committed
prior to retirement, or whose office or employment is terminated by reason of
his or her admitted commission, aid, or abetment of a specified offense, shall
forfeit all rights and benefits under any public retirement system of which he
or she is a member, except for the return of his or her accumulated
contributions as of the date of termination.

(c) Section 112.3173(2)(e) defines specified offense as
follows:

1. The committing, aiding, or abetting of an embezzlement
of public funds;

2. The committing, aiding, or abetting of any theft by a
public officer or employee from his or her employer;

3. Bribery in connection with the employment of a public
officer or employee;

4. Any felony specified in chapter 838, except ss. 838.15
and 838.16;

5. The committing of an impeachable offense; or

6. The committing of any felony by a public officer or
employee who, willfully and with intent to defraud the public or the public
agency for which the public officer or employee acts or in which he or she is
employed of the right to receive the faithful performance of his or her duty as
a public officer or employee, realizes or obtains, or attempts to realize or
obtain, a profit, gain, or advance for himself or herself or for some other
person through the use or attempted use of the power, rights, privileges,
duties, or position of his or her public office or employment position.

(d) Said forfeiture shall be determined as specified in
section 112.3173(5).

(e) Police and Fire Pension Fund benefits shall be
forfeited for fraud pursuant to Section 121.110, Jacksonville Ordinance Code.

602.507 Obstruction
of proceedings by city officers or employees.

It is unlawful and a Class D offense 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.

(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.

PART VI CAMPAIGN
ETHICS

602.601 Political
activities of certain officers and employees.

It is unlawful and a class C offense for an officer or
employee of the city or an independent agency (except elected officials,
members of the advisory and regulatory boards of the city and members of the
board of an independent agency) to take any active part in political management
or in political campaigns during duty hours; provided, that this section shall
not be construed to prohibit an officer or employee from voting as he or she
may choose and from expressing his or her opinion on a political subject or
candidate. No leaves of absence, excluding previously accumulated vacation
leaves, shall be granted to officers or employees for the purpose of
participating in a political campaign.

602.602 Restrictions
on campaigning by city employees.

(a) No employee of the city or an independent agency
shall, while wearing a uniform required for his or her employment:

(1) Request, in person, that any individual contribute any
time, money or other thing of value to any candidate, political party or
committee of continuous existence;

(2) Solicit, in person, support or votes for any candidate,
political party or public measure; or

(3) Take an active part in political management of political
campaigns.

(b) Except for legal and authorized union activity, a
superior of a civil service employee shall not request a civil service employee
to:

(1) Contribute any time, money or other thing of value to
any candidate or to any political party or committee of continuous existence;

(2) Support or vote for any political candidate, political
party; or

(3) Vote for any public measure; or

(4) Take an active part in the management of a political
campaign.

(c) No question in any form of application or in any
examination shall be so framed as to elicit information concerning the
political opinions or affiliations of any applicant, nor shall any inquiry be
made concerning such opinions or affiliations, and no disclosure thereof shall
be considered in any employment decision.

(d) No officer or employee of the city or an independent
agency covered by civil service may engage in any political activity during the
hours of employment, nor shall any person solicit political contributions from
such employees of the city or independent agency during hours of employment or
in city facilities; but nothing in this section shall preclude voluntary
contributions by a city or independent agency employee to the party or
candidate of his or her choice during non-employment hours and off city or
independent agency property.

(e) Nothing contained herein shall be construed to permit
partisan political activity of any officer or employee of the city or
independent agency who is prevented or restricted from engaging in such
political activity by the provisions of the Federal Hatch Act, 5 U.S.C.
1501-1508.

602.603 Campaign
contributions on city property prohibited.

It is unlawful and a Class D offense for a person to make
or solicit or knowingly accept any campaign contribution in a building owned by
the city or an independent agency. For purposes of this section, 'accept'
means to receive a contribution by personal hand delivery from a contributor or
his agent and a solicitation shall be deemed to occur where the solicitor of
the solicitation is located at the time of the solicitation. This section
shall not apply when a building owned by the city or an independent agency, or
any portion thereof, is rented for the specific purpose of holding a campaign
fundraiser.

602.604 Political
signs; prohibited on public property.

(a) It shall be unlawful and a class A offense for any
person to erect, place or install a political sign or advertisement on public
property.

(b) All signs which do not conform with the provisions of
this section shall be removed by the appropriate department of the city, as
designated by the Mayor. In addition and notwithstanding any other provisions
of this section, any such political sign or advertisement placed on any roadway
in violation of this section is hereby declared to be abandoned property and is
thereby subject to being removed by any person, so long as such removal is
accomplished in a safe and peaceful manner. Nothing herein shall be construed
to permit any person who removes such abandoned property to do so in a manner
that endangers any person, property or the safety of any other person traveling
on such roadway.

PART VII GIFTS AND
HONORARIA

602.701 Prohibited
receipt of gifts.

No officer or employee of the city, or any other person on
his or her behalf, shall knowingly accept, directly or indirectly, any gift
with a value greater than one hundred ($100.00) dollars from any person or
business entity that the recipient knows is:

(a) A lobbyist who lobbies the recipient''s agency or
executive department;

(b) Any principal or employer of a lobbyist;

(c) A person or business entity which is doing business
with, or has made written application within the previous six months, to do
business with an agency of which he or she is an officer or employee;

(d) A person or business entity which is subject to the
permit approval of an agency of which he or she is an officer or employee.

602.702 Prohibited
offering of gifts.

It is unlawful and a Class A offense for a lobbyist, or
principal or employer of a lobbyist, or any person or entity listed in s.
602.701, to knowingly offer a gift to an officer or employee of the city which
would cause a violation of s. 602.701 if accepted.

602.703 Gift
reports.

(a) All officers, appointed employees, procurement
employees, permitting employees, and zoning employees (reporting individuals)
who receive a gift in excess of one hundred dollars ($100.00) shall report that
gift in the manner provided by state law, Section 112.3148; except that, any
person required to file a report under this Code, who is not required to file a
report under state law, shall file the report with the reporting individual''s
respective Human Resources director who shall place it in the reporting
person's personnel file.

(b) The annual statement of a reporting individual shall
be filed in compliance with state law. Where this ordinance requires a person
to file a report and that person is not required to file a report pursuant to
state law, the report shall be on a form which is substantially the same in
content as that required by state law, and the form shall be submitted
annually, by July 1, to the Human Resources Director.

602.704 Honoraria.

(a) A reporting individual is prohibited from soliciting
an honorarium which is related to the reporting individual's public office or
duties.

(b) A reporting individual is prohibited from knowingly
accepting an honorarium from a political committee or committee of continuous
existence, as defined in s. 106.011, Florida Statutes, from a lobbyist or from
the employer, principal, partner, or firm of such a lobbyist.

(c) A political committee of continuous existence, as
defined in s. 106.011, Florida Statutes, a lobbyist or the employer, principal,
partner or firm of a lobbyist is prohibited from giving an honorarium to a
reporting individual.

(d) A person who is prohibited by subsection (c) from
paying an honorarium to a reporting individual but who provides a reporting
individual or reporting individual and his or her spouse, with expenses related
to an honorarium event, shall provide to the reporting individual, no later
than 60 days after the honorarium event, a statement listing the name and
address of the person providing the expenses, a description of the expenses
provided each day, and the total value of the expenses providing for the
honorarium event.

(e) A reporting individual who receives payment or
provision of expenses related to any honorarium event from a person who is
prohibited by subsection (c) from paying an honorarium to a reporting
individual shall publicly disclose on an annual statement the name, address,
and affiliation of the person paying or providing the expenses; the amount of
the honorarium expenses; the date of the honorarium event; a description of the
date of the expenses paid or provided on each day of the honorarium event; and
the total value of the expenses provided to the reporting individual in
connection with the honorarium event. The annual statement of honorarium
expenses shall be filed by July 1 of each year for such expenses received
during the previous calendar year. The reporting individual shall attach to
the annual statement a copy of each statement received by him or her in
accordance with subsection (d) regarding honorarium expenses paid or provided
during the calendar year for which the annual statement is filed. Such
attached statement shall become a public record upon the filing of the annual
report. The annual statement of a reporting individual shall be filed in
compliance with state law. Where this ordinance requires a person to file a
report and that person is not required to file a report pursuant to state law,
the report shall be on a form which is substantially the same in content as
that required by state law, and the form shall be submitted annually, by July
1, to the Human Resources Director.

PART VIII LOBBYING

602.801 Registration
of lobbyists; registration statements.

(a) Each person who lobbies, for compensation as a
lobbyist, any officer or employee of the city shall register with the Council
Secretary or the city Ethics Officer. 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 or the city Ethics Officer. The Council
Secretary and city Ethics Officer 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.

(b)

(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 city Ethics Officer in consultation with the Ethics Commission.

(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.

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

(1) A public official, city employee or employee of an
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 addresses the Council at the conclusion of
a Council meeting during the time set aside under the Council rules for such
addresses;

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

(4) Expert witnesses and other persons who give 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.

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.

602.803 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
file with the Council Secretary a corrected or amended registration statement
when required by 602.801(b) to do so; or

(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) being a lobbyist not exempt from registration, fails
or refuses to disclose on a current registration statement, either originally
or as corrected or amended, any principal on whose behalf the lobbyist has
performed, is performing or will be required by the terms of a present agreement
to perform lobbying activities; or

(e) commits, or procures or acquiesces in the commission
of, a violation of s. 602.803; shall be guilty of a Class A offense against the
city.

PART IX JACKSONVILLE
ETHICS COMMISSION

602.901 Jacksonville
Ethics Commission.

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

602.902 Membership,
terms, appointment.

The Commission shall be composed of nine members each of
whom shall serve for two-year terms. The terms of the members shall be so
staggered that the terms of no more than five (5) members shall expire in any
one year. No person shall serve more than four consecutive full terms.

One member shall be appointed by each of the following:
the City Council, the Mayor, the School Board, the Civil Service Board, the
State Attorney and the Chief Judge of the Circuit Court. The remaining three
members shall be appointed by majority vote of the Commission.

No member shall be an elected or appointed official of the
city of Jacksonville or any of its independent agencies. No member shall be an
active state court judge or an assistant state attorney.

602.903 Duties and
powers.

(a)

(1) Every city officer, candidate for city office, or city
employee when in doubt about the applicability and interpretation of any city
ethics law 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. Any officer or employee who
has the power to hire or terminate employees may likewise seek an advisory
opinion from the Commission as to the application of the provisions of the
ethics laws to any such employee or applicant for employment. An advisory
opinion shall be rendered by the Commission, and each such opinion shall be
numbered, dated and published.

(2) Such opinion, until amended or revoked, shall be binding
on the conduct of the officer, employee, or candidate who sought the opinion or
with references to whom the opinion was sought, unless material facts were
omitted or misstated in the request for the advisory opinion.

(b) The Commission is authorized to call upon appropriate
agencies of city government for such professional assistance as may be needed
in the discharge of its duties. The General Counsel shall provide legal and
staffing assistance to the Commission.

(c) The Commission shall assist in the preparation of
materials and programs designed to assist persons in complying with the ethics
laws. The Commission shall work with the city Ethics Officer in establishing,
presenting, and expanding the city''s Ethics Education Program as set forth in
Section 602.1001.

(d) The Commission may, on its own initiative, seek
information and gather facts for the purpose of investigating any circumstance
or situation of which the Commission may become aware that appears to violate
or may potentially violate an acceptable standard of conduct for city officers
and employees. If, as a result of such investigation, the Commission
determines the need for remedial or preventative legislation, the Commission
may make such recommendations to the Council as it deems appropriate.

(e) It shall be the further duty of the commission to
submit to the Council periodically a report of its work and recommendations for
legislation deemed necessary to improve the ethics laws and their enforcement
which shall be dutifully considered by the Council.

(f) The Jacksonville Ethics Commission shall be
responsible for documenting compliance with the financial disclosure, gift
disclosure and ethics education and certification requirements of this Code for
all officers and appointed employees.

(1) The Jacksonville Ethics Commission shall report annually
the compliance or non-compliance with financial reporting, gift reporting, and
ethics education and certification requirements of this Code. The annual
report shall be filed with the Mayor, City Council President, City Ethics
Officer and the Human Resources Director.

(2) At the close of the reporting period, the Jacksonville
Ethics Commission shall notify any individual who has failed to timely comply
with financial disclosure, gift disclosure, or ethics education and certification
requirements of this Code and allow the individual an additional ninety (90)
days to comply with these requirements. After expiration of this additional
period, the Ethics Commission may issue a written or oral reprimand of
non-compliance.

602.904 Cooperation
of other city agencies.

The services of other departments, boards and agencies of
the city may 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.

PART X ETHICS
EDUCATION

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 Officer.

(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 ninety days of taking office. Upon fulfillment of
this requirement, each elected official will be issued a certificate of
completion by the Jacksonville Ethics Commission.

(c) Every appointed employee shall attend an Ethics in
Government Program within the first six months of his/her employment with the
city. Upon fulfillment of this requirement, each appointed employee will be
issued a certificate of completion by the city Ethics Officer.

(d) Every employee 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 Officer. Upon fulfillment of this
requirement, each employee will be issued a certificate of completion by the
city Ethics Officer.

(e) The city Ethics Officer shall provide ethics
education materials to appointed officials, and encourage appointed officials
to attend an Ethics in Government Program.

(f) The Ethics in Government Program and Employee Ethics
Training Program shall be created and delivered by the General Counsel''s Office
with the assistance of the city Ethics Officer and the Jacksonville Ethics
Commission.

(g) 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 may include but are not
limited to:

(1) Ethics in government and aspirational goals;

(2) Campaign finances;

(3) Gifts;

(4) City contracts;

(5) Potential conflicts with city employees/ businesses;

(6) Jacksonville Ethics Commission;

(7) Public Records Law;

(8) Reporting procedures;

(9) Punishment and discipline procedures;

(10) Awards and incentives.

PART XI ETHICS OFFICERS

602.1101 City Ethics
Officer position established.

The position of city Ethics Officer is hereby
established. The city Ethics Officer is to be appointed by the Mayor and
confirmed by the Council.

602.1102 Mission and
duties of the city Ethics Officer.

The mission of the city Ethics Officer is to encourage
each of the officers and employees of the city to act ethically in all
actions. This mission requires that the city Ethics Officer not only encourage
compliance with various laws, but more importantly, encourage each employee and
officer to adhere to the highest standards of ethical behavior as set forth in
aspirational goals of section 602.101 of this Code. In pursuing that broad
mission, the duties of the city Ethics Officer include, but are not limited to
the following:

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

(b) Develop training and education programs in
coordination with the General Counsel and the Jacksonville Ethics Commission;

(c) Assist in the selection of departmental ethics
officers;

(d) Assist departmental and agency ethics officers in
training and education;

(e) Conduct meetings with any or all of the departmental
and agency ethics officers as well as senior management to discuss or provide
advice on ethics issues;

(f) Obtain copies of all reports and disclosures made
pursuant to State law by persons subject to this Code if such reports and
disclosures are substantially similar to reports and disclosures required under
this Code and if a person may rely on such State report or disclosure pursuant
to Section 602.455 to eliminate filing similar information under this Code;

(g) Maintain a directory of where all reports and
disclosures filed pursuant to this Code may be obtained;

(h) Encourage compliance with the spirit and letter of
ethics laws;

(i) Review periodically this Code and other applicable
laws and regulations and recommend to the Ethics Commission appropriate changes
to this Code;

(j) The city Ethics Officer shall be the liaison between
the Ethics Commission and the officers and employees of the city;

(k) The city Ethics Officer may seek formal opinions from
the Jacksonville Ethics Commission on interpretation of his or her duties or of
this Code; and

(l) Accomplish other duties as requested by the Mayor.

602.1103 Designation
of department ethics officer.

The head of each executive department of the city shall
appoint an employee to the position of department ethics officer with the
concurrence of the city Ethics Officer. Appointment of additional personnel
will be at the discretion of the Mayor. Each department ethics officer's
duties are in addition to his or her principal operational role within the
department.

The head of the department shall communicate the selection
of the department's ethics officer to all employees in the department, while
emphasizing his/her personal support for the person and the program. Employees
should be encouraged to communicate directly with the Ethics Officer on issues
or questions that are ethics-related.

602.1104 Responsibilities
of the department ethics officer.

Specific responsibilities assigned to the department
ethics officer include, but are not limited to the following:

(a) Conduct periodic meetings with the department
director, senior management, and employee groups to discuss or provide advice
on ethics issues.

(b) Conduct a review of and disseminate within his/her
department the appropriate city and department policies and regulations that
relate to the Code of Ethics for employees.

(c) Assist the city Ethics Officer in the formulation of
ethics awareness training sessions, conferences, and seminars that are
developed for and presented to department employees.

(d) Assist the department head in the development of an
overall internal ethics plan.

(e) Report compliance with the ethics code to the city
Ethics Officer.

(f) Make recommendations for improvement in training to
the city Ethics Officer.

(g) Accomplish such other duties as are delegated by the
city Ethics Officer, including conducting investigations or complaints as
authorized by the city Ethics Officer.

602.1105 Reporting
of violations by Council Auditor.

The Council Auditor, in addition to the reporting
requirements of Section 102.103, Jacksonville 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 Ethics Officer.

PART XII GENERAL
PROVISIONS

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 a
final conviction for 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.

602.1202 The
Constitution of the State of Florida.

All officers and employees of the city and independent
agencies shall comply with all applicable provisions of the Constitution of the
State of Florida, including, but not limited to the following:

(a) Article I, Section 24 (Access to public records and
meetings);

(b) Article II, Section 8 (Ethics in government).

602.1203 State
statutes.

In addition to the provisions of this Code, all of
officers and employees of the city and independent agencies are expected to
comply with the applicable provisions of state laws, including, but not limited
to the following:

(a) Chapter 99 (Candidates, Campaign Expenses, and
Contesting Elections);

(b) Section 100.361 (Municipal Recall);

(c) Section 102.031 (Maintenance of good order at polls;
authorities; persons allowed in polling rooms; unlawful solicitation of voters;

(d) Section 104.071 (Remuneration by candidate for
services, support, etc.,; penalty);

(e) Section 104.271 (False or malicious charges against,
or false statements about, opposing candidates; penalty);

(f) Section 104.31 (Political activities of state,
county, and municipal officers and employees);

(g) Chapter 106 (Campaign financing);

(h) Section 111.075 (Elected officials; prohibition
concerning certain committees);

(i) Section 112.042 (Discrimination in county and
municipal employment; relief);

(j) Section 112.043 (Age discrimination);

(k) Section 112.044 (Public employers, employment
agencies, labor organizations, discrimination based on age prohibited;
exceptions; remedy);

(l) Chapter 112, Part III (Code of Ethics for Public
Officers and Employees);

(m) Chapter 119 (Public Records);

(n) Section 163.367 (Public officials, commissioners,
and employees subject to code of ethics);

(o) Section 286.011 (Public meetings and records; public
inspection; criminal and civil penalties);

(p) Section 286.0115 (Access to local officials);

(q) Section 286.012 (Voting requirements at meeting of
government bodies);

(r) Chapter 838 (Bribery; Misuse of Public Office);

(s) Chapter 839 (Offenses by Public Officers and
Employees).

602.1204 Florida
Administrative Code.

All officers and employees of the city and independent
agencies shall comply with all applicable provisions of Chapter 34, Florida
Administrative Code.

602.1205 Additional
Ordinances.

All officers and employee of the city and independent
agencies are expected to comply with the applicable provisions of additional
ordinances listed in other chapters of the Jacksonville Ordinance Code,
including, but not limited to the following:

(a) Section 86.107 (Cooperation with the Jacksonville
Equal Opportunity Commission);

(b) Chapter 102 (Auditing regulations);

(c) Section 106.331 (Indebtedness in excess of
appropriates prohibited);

(d) Section 106.332 (Transfer of expense funds or
expense credits prohibited);

(e) Section 106.334 (Personal liability for authorizing
expenditures in excess of the amount appropriated);

(f) Section 106.336 (Penalties for violation of sections
106.331 and 106.332);

(g) Section 106.431 (Maximum indebtedness required in
all city contracts);

(h) Section 106.433 (Personal liability for indebtedness
in violation);

(i) Section 106.434 (Penalties for violation);

(j) Section 106.713 (Fraudulent claims re travel
expense reimbursement);

(k) Section 122.811 (Sales of tangible personal
property; prohibition of sales to certain persons);

(l) Sections 124.201-207 (Records retention and
disposition);

(m) Section 126.104 (Integrity of public contracting and
purchasing process);

(n) Section 126.110 (Unauthorized purchases and
contracts);

(o) Section 134.108 (Refusal to obey order during
investigation);

(p) Section 320.302 (Building and Zoning Inspection
Division employees; conflicts);

(q) Chapter 400 (Equal Opportunity);

(r) Chapter 402 (Equal Employment Opportunity);

(s) Section 656.144 (Improper Influence).

602.1206 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.

602.1207 Public
records.

Any record or document required to be filed pursuant to
this chapter shall be a public record.

602.1208 Government
in sunshine.

(a) All meetings of the Council and of its committees and
subcommittees and meetings of the boards and commission of the city are
declared to be public meetings open to the public at all times. No ordinance,
resolution, rule, regulation or formal action shall be passed or considered
binding except when made at a public meeting.

(b) The public meetings required by this section shall be
held in premises owned or leased by the government.

(c) A person who is a member of a governmental body named
in this section who wilfully violates the provisions of this section by
attending a meeting not held in accordance with its provisions shall be guilty
of a class D offense.

602.1209 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.

Section 2.

Chapter 19 (Lobbying), Chapter 99 (Jacksonville Ethics
Commission)Sections 116.901, 116.904, 116.906, 116.907, 116.908 and 116.909,
and 122.105, Ordinance Code are hereby repealed.

Section 3.

In the event any provision of the new Chapter 602,
Ordinance Code, created herein is inconsistent with any current provisions of
the Ordinance Code, it is intent of the Council that the provisions of the new
Chapter 602, Ordinance Code, be controlling.