§ 26-73. Code of Ethics.
(a)
Solicitation or Acceptance of Gifts.
(1)
County employees shall not solicit or accept any gift, regardless of value, in their official capacity as employees, nor shall they solicit or accept any gift in either an official or personal capacity that may be reasonably perceived to be given to encourage or discourage them from taking any action in connection with their County employment.
(2)
Notwithstanding the prohibition contained in paragraph (1), the County Administrator (or his or her designee) may, by administrative order, authorize the acceptance of meals, refreshments, and other gifts by designated County employees as specified below. The County Administrator shall publish a list of designated County employees who, incident to attending functions or traveling in their official capacities, may be offered meals, refreshments, or other gifts. Except where prohibited under state or federal law, these designated employees may accept such meals, refreshments, or other gifts in compliance with conditions the County Administrator may establish by administrative order, including the following:
a.
Employees may accept meals, refreshments or other gifts upon determining that their non-acceptance would be detrimental to the interests of the County;
b.
All gifts of a non-perishable nature that are received shall be deemed accepted by employees on behalf of the County, and the County Administrator (or his or her designee) shall determine how to use the gift for a public purpose or otherwise how to dispose of the gift; and
c.
Employees shall, within thirty (30) days after receipt, inform the County Administrator, or her or his designee, in writing, of the nature of the gift and the name of the donor.
(3)
Notwithstanding the prohibition contained in paragraph (1), employees may accept unsolicited perishable gifts delivered to them at their County office provided they:
a.
Promptly notify the donor in writing of the County's no-gift policy; and
b.
Keep the perishable items in a common area of the County office where the items may be consumed by any County employee or member of the public visiting the office.
(4)
Notwithstanding the prohibition contained in paragraph (1), County employees who attend a conference, or visit any non-County office or premises, may accept beverages and snack items customarily made available to other attendees or visitors.
(5)
Notwithstanding the prohibition contained in paragraph (1), to the extent not prohibited by Florida law and subject to the reporting requirements of Section 112.3148, Florida Statutes, nothing in this section shall prohibit employees from participating in any public service announcement.
(b)
Disclosure of contacts; Lobbying by County employees.
(1)
County employees should avoid even the appearance of impropriety in their interaction and dealings with lobbyists registered under the Broward County Lobbyist Registration Act, and in their interaction and dealings with County vendors and prospective vendors.
(2)
Effective July 1, 2017, lobbyists who lobby a covered individual must, contemporaneously with the lobbying or as soon thereafter as is practicable (but in any event within three (3) business days after the lobbying activity occurs), complete an electronic contact log in the online contact log system created and maintained by the County, by providing the following information:
a.
The lobbyist's name;
b.
The name of the entity by which the lobbyist is employed, if any;
c.
The name of each person or entity for whom or which the lobbyist is lobbying;
d.
The name of each covered individual lobbied by the lobbyist;
e.
The name of each person attending or participating in any portion of the meeting or communication during which the lobbying activity occurred;
f.
The date and time of the meeting or other communication during which the lobbying activity occurred;
g.
The location of the meeting and mode of communication, as applicable, e.g., in person, by telephone, or by email exchange; and
h.
The specific subject matter discussed in such meeting or communication.
(3)
The obligation to complete the electronic contact log referenced in paragraph 2 above applies regardless of the location of the lobbying activity and applies whether the activity occurs in person, by telephone, by electronic communication, by video conference, or in writing. The contact log shall be filed for public inspection in a database designated by the County Administrator, which database shall be searchable by internet.
(4)
The County Administrator has the authority to exempt from the requirements of paragraph (2) above, and from the contact log requirements of Section 1-267, Broward County Code of Ordinances, any contacts:
a.
That do not relate to a currently pending County procurement; and
b.
That the County Administrator determines, if disclosed, could put the County at a competitive disadvantage in connection with potential business opportunities.
(5)
A County employee is prohibited from lobbying, on behalf of an outside principal or employer for compensation, County Commissioners, members of any County Selection/Evaluation committee, or the governmental unit in which he or she is employed. For purposes of this paragraph, "lobbying" means those activities as defined in Subsection 1-261(b), Broward County Code. However, lobbying does not include providing information, advice, or recommendations to any County Commissioner or member of a Selection/Evaluation committee in furtherance of the employee's job responsibilities, or communicating on behalf of a collective bargaining unit. Except as stated in this paragraph, County employees may engage in lobbying activities provided such activities would not be inconsistent with their public duties or the provisions of Chapter 112, Florida Statutes.
(c)
Outside Employment. County employees may engage in other employment upon completing the County's Outside Employment Request Form and obtaining the written approval of their division, department, or office director (as applicable). For purposes of this subsection, "other employment" means any compensated employment performed by a County employee aside from his or her employment with the County, including any part-time employment, self-employment, or consultant-related employment. A County employee may perform uncompensated employment, or may serve as an uncompensated officer, director, registered agent, or member of any for-profit or not-for-profit organization, provided the employee, in writing, discloses his or her intent to do so to the employee's immediate supervisor prior to such performance or service and provided, further, that the supervisor determines that such performance or service would not be inconsistent with the employee's public duties or the provisions of Chapter 112, Florida Statutes. Notwithstanding the provisions of this paragraph, such disclosure and determination in connection with the performance of uncompensated employment or service as an uncompensated officer, director, registered agenda, or member shall not be required if:
(1)
The for-profit or not-for-profit organization, for whom the County employee will perform uncompensated employment or serve as an uncompensated officer, director, agent, or member, is not a county vendor under contract with Broward County, or a prospective vendor seeking to do business with the County; or
(2)
The for-profit or not-for-profit organization, for whom the County employee will perform uncompensated employment or serve as an uncompensated officer, director, agent, or member is not a recipient, directly or indirectly, of any grants, loans, or other county funds that are made available through an agency of Broward County, or an applicant for any such grants, loans, or other county funds.
(d)
Conflicts of Interest Regarding Immediate Family Members. To avoid an actual or apparent conflict of interest, County employees shall not, in any way, participate in or seek to influence any procurement or other County-related matter in which:
(1)
An immediate family member of the County employee is seeking or is engaged in business with the County;
(2)
An entity owned in whole or in part (except ownership of a non-controlling interest in a publicly-traded entity) by an immediate family member of the County employee is seeking or is engaged in business with the County; or
(3)
An entity represented by (as an attorney, lobbyist, officer, or director) an immediate family member of the County employee is seeking or is engaged in business with the County.
(e)
In addition to any authority granted in this section, the County Administrator may, by administrative order, prescribe additional standards and policies for the purpose of implementing the provisions of this Act.
(Ord. No. 2010-64, § 5, 12-14-10; Ord. No. 2011-15, § 1, 8-30-11; Ord. No. 2017-18 , § 2, 5-23-17; Ord. No. 2018-14 , § 2, 3-20-18)