Palmetto Bay |
Code of Ordinances |
Chapter 2. ADMINISTRATION |
Article V. OFFICERS AND EMPLOYEES |
Division 2. CONFLICT OF INTEREST AND CODE OF ETHICS |
§ 2-125. Gifts.
(a)
Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration.
(b)
Exceptions. The definition of the term "gift" of subsection (a), above, shall not apply to:
(1)
Political contributions specifically authorized by state law;
(2)
Gifts from relatives or members of ones household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under subsection (c), below;
(3)
Awards for professional or civic achievement;
(4)
Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature;
(5)
Gifts solicited by village employees or departmental personnel on behalf of the village in the performance of their official duties for use solely by the village in conducting its official business;
(6)
Gifts solicited by commission members on behalf of the village in the performance of their official duties for use solely by the village in conducting its official business.
(c)
Prohibitions. A person described in section 2-122(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in section 2-122(1) through (6) or for any person included in the terms defined in section 2-122(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of:
(1)
An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action;
(2)
A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty;
(3)
A legal duty violated or to be violated, or which could be violated by any person included in the term defined in section 2-122(1); or
(4)
Attendance or absence from a public meeting at which official action is to be taken.
(d)
Disclosure. Any person included in the term defined in section 2-122(1) through (6) shall disclose any gift, or series of gifts, received from any one person or entity during the village's fiscal year, in compliance with the Miami-Dade County Ethics Code, Section 2-11.1, et seq. The disclosure shall be made by filing a copy of the disclosure form required by F.S. ch. 112, for "local officers" with the village clerk simultaneously with the filing of the form with the Clerk of Miami-Dade County and with the Florida Secretary of State.
(Ord. No. 06-01, § 1(.5), 1-9-2006)