Palmetto Bay |
Code of Ordinances |
Chapter 2. ADMINISTRATION |
Article V. OFFICERS AND EMPLOYEES |
Division 2. CONFLICT OF INTEREST AND CODE OF ETHICS |
§ 2-123. Prohibition on transacting business with the village.
(a)
No person included in the terms defined in sections 2-122(1) through (6) and (9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the Village of Palmetto Bay or any person or agency acting for the village, and any the contract, agreement or business engagement entered in violation of this section shall render the transaction voidable. Willful violation of this section shall constitute malfeasance in office and shall affect forfeiture of office or position. This prohibition does not apply to the provision of professional services by the village attorney, the village planner or the village engineer. Nothing in this section shall prohibit or make illegal:
(1)
The payment of taxes, special assessments or fees for services provided by the village government; and
(2)
The purchase of bonds, anticipation notes or other securities that may be issued by the village through underwriters or directly from time to time.
(b)
Waiver of prohibition. The requirements of this section may be waived for a particular transaction only by four affirmative votes of the village council after public hearing upon written findings of fact that:
(1)
An open-to-all sealed competitive proposal has been submitted by a village person as defined in sections 2-122(b), (c) and (d); or
(2)
The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the State of Florida and pursuant to the provisions of the Consultants Competitive Negotiation Act, and when the proposal has been submitted by a village person defined in section (b), (c) and (d); or
(3)
The property or services to be involved in the proposed transaction are unique and the village cannot avail itself of the property or services without entering a transaction which would violate this section but for waiver of its requirements; and
(4)
That the proposed transaction will be in the best interest of the village.
(c)
This section shall be applicable only to prospective transactions and the village council may in no case ratify a transaction entered in violation of this section.
(d)
Provisions cumulative. This section shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter.
(Ord. No. 06-01, § 1(.3), 1-9-2006)