§ 10-12. Prohibited campaign contributions by vendors.

(a)

No person who is a vendor to the village shall give a campaign contribution directly, or through a member of the person's immediate family, or through a political action committee, or through any other person, to a candidate, or to the campaign committee of a candidate, for the offices of mayor, vice mayor, or council person. No candidate, or campaign committee of a candidate for the offices of mayor, vice mayor, or council person, shall solicit or receive any campaign contribution from a person who is a vendor to the village, or through a member of the person's immediate family, or through a political action committee, or through any other person on behalf of the person. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities.

(b)

A person who directly, or through a member of the person's immediate family, or through a political action committee, or through any other person makes a contribution to a candidate for the office of village mayor, vice mayor or council person shall be disqualified for a period of one year following the election from transacting business with the village. This prohibition on transacting business with the village may be waived only in the manner provide in section 2-123(b).

(c)

A vendor to the village who has violated this section 10-12 shall forfeit any rights under any agreement with such vendor(s) and service(s) with said former shall immediate terminate upon completion of pending tasks as directed by the village manager. Failure of a vendor to disclose, in writing to the village clerk, any contribution to a village candidate shall all be subject to a fine in the total amount of any such contribution, plus $500.00.

(d)

As used in this paragraph:

(1)

A "vendor" is a person who transacts business with the village, or has been approved by the village council to transact business with the village, or is listed on the village manager's approved vendor list.

(2)

A "contribution" is:

a.

A gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of value, including contributions in kind having an attributable monetary value.

b.

A transfer of funds between political committees, between committees of continuous existence, or between a political committee and a committee of continuous existence.

c.

The payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to a candidate or political committee without charge to the candidate or committee for such services.

d.

The transfer of funds by a campaign treasurer or deputy campaign treasurer between a primary depository and a separate interest-bearing account or certificate of deposit, and the term includes any interest earned on such account or certificate.

(3)

" Transacting business" shall mean having a contractual relationship with the Village of Palmetto Bay as a service provider, vendor, successful bidder, successful respondent to a request for proposal or qualification, piggy-back contract, and/or any other contract in which the village is a purchaser of goods and/or services.

(e)

This section 10-12 should be cross-referenced with the village's ethics and procurement codes in order to ensure compliance with its provisions. All solicitations by the village shall include a disclosure of the prohibition provided under this section. The village shall provide each election candidate a copy of the current list of vendors and a copy of this section.

(Ord. No. 2011-05, § 1, 6-6-2011)