PPMR 12-02 Section 13 Discipline and Conflict of Interest.pdf . ;. Number: 12-02
Subject: Discipline and
Village of North Palm Beach conflict of Interest
v.0 Date: December 6, 2012
Revised: Section 13 NPB
Policy Manual
POLICY AND PROCEDURES MANUAL REVISION
This revision adds the a Code of Ethics, Conflict of Interest, and Investigation Procedures
13.0 DISCIPLINE
13.1 Obiective: One of the primary objectives of supervision is to ensure prompt, efficient and
courteous service to the public. To meet this goal supervisors are responsible for training,
assisting, motivating, directing and correcting behavior of staff. In any organization it is
essential that certain standards of personal conduct and work performance be maintained.
Most people prefer to work in an orderly environment and will readily conform to reasonable
rules of conduct and standards of performance as long as they understand what is expected of
them. Supervisors are responsible for informing their subordinates of management's
expectations. Where problems with employee behavior or performance arise, a supervisor
should seek to correct the problem with the least amount of disruption to the work
environment. Discipline is a means to correct employee behavior and performance. This
information addresses both progressive discipline and termination. All employees working
for the Village of North Palm Beach are members of a select group working together for the
main purpose of serving the community. Any employee who fails to follow the necessary
rules and regulations governing their conduct is not only penalizing themselves, but is also
doing a disservice to all of the other Village employees. The Work Rules are not intended to
restrict or impose on the individual, but are designed to ensure the rights and safety of all
Village employees and to provide working guidelines to efficiently serve the community
effectively.
13.2 Progressive Discipline: Progressive discipline is utilized for regular, non-probationary
employees and may include oral counseling, written counseling, suspension, and ultimately
termination. Exempt employees are not typically subject to progressive discipline. The goals
of progressive discipline are to: inform the employee of inadequacies in performance or
instances of improper behavior; clarify what constitutes satisfactory performance or
behavior; instruct the employee on what action must be taken to correct the performance or
behavior problem; and inform the employee of what action will be taken in the future if the
expectations are not met. There are several levels of disciplinary action, each progressively
more serious, which may be used to correct employee performance and behavior. Assistance
is available from Human Resources.
13.3 Procedures:
A. Verbal Counseling: An employee may be given a verbal counseling for a performance or
behavior problem. A verbal counseling is typically issued during a private conference
between the supervisor and the employee where the supervisor explains the problem and
what the employee must do to return to satisfactory status. Supervisory notes to the file
are permissible and in most cases appropriate. The employee should be informed that the
conference is being conducted for the purpose of issuing a verbal counseling. This
ensures that the employee is aware that disciplinary action is taking place. Verbal
counseling can also be used as a training tool.
B. Counseling Memos and Disciplinary Action Memos: These memos will be prepared to
provide employees with basic information about disciplinary recommendations or
counseling.
1. Counseling Memo:
a. Counseling memos will be used for documenting counseling only. It is a non-dis-
ciplinary process used to denote:
(1) Performance deficiencies
(2) Corrective processes
(3) Additional training or educational needs
b. The employee's signature on the Counseling memos will be evidence the
employee read each page and the report was discussed with the employee.
c. If the employee refuses to sign the Counseling memo, the employee's supervisor
will write "Refused" and date/time of the refusal in the applicable employee's
signature area. If a witness is present, the witness will sign and date the report
below the employee's signature area.
d. Counseling memos will not be copied for the purpose of including the report in
any file other than to the designate distribution, without express approval of the
Assistant Director.
e. Counseling memos will be maintained in unit personnel files for one year and
then forwarded to Staff Inspections. Staff inspections will review and make any
policy or procedure recommendations to the Director and forward a copy to
Training to be made aware of training issues. Then counseling memos will be
archived.
2. Disciplinary Action Recommended Memo:
a. Disciplinary action memos will be used if discipline rather than counseling is
recommended.
Note: Counseling is not considered discipline.
b. The employee's signature on a disciplinary memo will be evidence the employee
read each page and the report was discussed with the employee.
c. If the employee refuses to sign the disciplinary memo, the employee's supervisor
will write "Refused" and date/time of the refusal in the applicable employee's
signature area. If a witness is present, the witness will sign and date the report
below the employee's signature area.
d. Disciplinary memos will not be copied for the purpose of including the memo in
any file other than to the designated distribution, without express approval of the
Human Resources Director. The Human Resources Director will be responsible
for any other distribution of these reports.
5. Information relating to employee disciplinary reports will be recorded on an
Employee Counseling/Disciplinary Action Log. The Human Resources Director
or designee will be responsible for maintaining the log.
C. Suspensions:
1. In General: Nonexempt employees may be suspended without pay for incidents
which are serious enough to warrant extraordinary suspension, or after less severe
disciplinary actions have been taken. The duration of the suspension should be
commensurate with the offense.
a. Typically the employee is informed of the suspension in private conference with
his/her supervisor.
b. The employee is given an employee notice form detailing the basis for the action
which specifies: the length of the suspension (beginning and ending dates)
c. A description of the specific problem or offense
d. The most recent incident and when it occurred; previous actions taken to correct
the problem, if applicable
e. Expectations and acceptable standards of performance
f. A warning that further unsatisfactory behavior or performance may result in
further disciplinary action, up to and including termination.
g. The suspension letter may also specify a review period, if appropriate, in which
the employee's behavior or performance will be reviewed.
h. Exempt status employees may be suspended in increments of one workday for
inappropriate or illegal conduct.
i. An employee may be suspended indefinitely or for any specified period of time
without pay for offenses as defined by the Work Rules and/or for violation of
departmental rules and regulations, as recommended by the department head and
as approved by the Village Manager. In the case of a Public Safety employee, the
immediate supervisor or other superior may suspend an employee and later obtain
the necessary approval of the department head, following the guidelines of the
PBA Contract. In all cases of suspension, an employee notice form must be
completed and submitted to the employee along with a copy to the Village
Manager.
2. Normal Suspension Procedures:
a. Except in cases of suspensions in contemplation of termination, and except where
the employee's presence poses a continuing danger to persons or to the orderly
operation of Village government, the employee shall be notified in writing of the
accusations/charges against the employee and the factual basis therefore prior to
the effectiveness of the suspension.
b. Concurrently with or after said notice, but prior to a suspension, the supervisor;
superior or department head must give the accused employee a reasonable
opportunity to explain the employee's version of the facts surrounding the
accusations.
c. Immediately thereafter, the supervisor, superior, or department head may
recommend suspension, followed by approval of the Village Manager.
3. Extraordinary Suspensions: In cases where the employee's presence poses a
continuing danger to persons or to the orderly operation of Village government, the
employee may be immediately suspended but shall be notified in writing of the
charges against the employee within five (5) business days of the first day of the
suspension and the employee shall be given an opportunity to rebut same within ten
(10) days after the first day of the suspension.
D. Demotion and Decrease in Pay:
1. A department head may recommend and the Village Manager may demote an
employee with a decrease in salary and job responsibilities, as appropriate, for such
time as is necessary to correct deficiencies in job performance or job qualifications.
The duration of such demotion and reduction in pay and responsibilities, as
appropriate, may be temporary or regular as appropriate, under the circumstances.
2. A demoted regular employee is entitled to advance under the pay plan as any other
employee based upon job performance. Prior to the proposed demotion, the employee
shall be given written notice of the reasons for the proposed demotion and further,
shall be given the opportunity to rebut said reasons before the appropriate department
head. If the department head determines demotion is proper, then an appropriate
progress interview form shall be completed and shall include the specific reasons for
the demotion. A copy of the progress interview shall be forwarded to the Village
Manager for his final approval.
E. Terminations:
1. In General: Employees may be terminated for incidents which are serious enough to
warrant immediate termination, or after less severe disciplinary actions have been
taken. It is advisable to terminate an employee in private conference with his/her
supervisor and other appropriate levels of supervision. During this conference the
employee is usually given a letter or a memorandum clearly stating the effective date
of the termination. When allegations are serious enough to merit immediate
termination, it is usually advisable to suspend an employee, pending an investigation.
This suspension is for the purpose of investigating the problem and conferring with
appropriate officials regarding the decision to terminate, and should be so
communicated to the employee.
a. These procedures for dismissal are promulgated to minimize the risk of
improper terminations associated with any such processes.
b. A probationary employee may be dismissed with or without cause at the sole
discretion of the department head. A Regular Employee may be dismissed
only for cause.
2. Immediate Termination: Immediate termination is the disciplinary action that occurs
without prior warnings or attempts at progressive discipline due to the seriousness of
the incident. This would include, but not be limited to, theft, intoxication on the job,
violence or threat of violence, conviction of a felony, and negligent, careless or
intentional performance that results in damage to property or individuals or the risk
thereof. This action may become necessary when incidents which in and of
themselves are so serious as to justify immediate termination, or performance
problems which are determined to be due to skill deficiency rather than rule
violations or neglect of duty.
3. Termination Procedure: Prior to the proposed termination, the employee shall be
suspended without pay pending the outcome or the informal conference and shall
concurrently or immediately thereafter receive written notice of the reasons for
the proposed termination either by hand delivery or by Registered U.S. Mail.
a. Such notice shall also specify a time, no sooner than two (2) working days nor
later than five (5) working days following the employee's receipt of such
notice, for an informal conference to be held before the Village Manager to
afford the employee an opportunity to rebut the charges.
b. The employee may also be allowed to respond in writing to the Village
Manager. After such informal conference, and after considering all evidence,
the Village Manager shall take appropriate action upon the dismissal.
c. Failure of an employee to attend said informal conference after being given
notice of same, shall waive any rights of the employee hereunder.
d. The Village Manager's decision shall be forthwith furnished the employee and
shall be final and binding.
4. Appeals: An employee who is subject to any disciplinary action specified herein
may either pursue the appeal procedure contained in applicable collective
bargaining agreements, these regulations, or request an informal conference on
the action by serving a notice within twenty-four (24) hours after the effective
date of the action to the Village Manager. Any employee who has been
involuntarily terminated shall be immediately advised of the employee's right to
appeal the action through the use of the disciplinary appeal process or the
informal conference.
13.4 Code of Ethics, Conflicts of Interest, and Work Rules
13.4.1 Purpose: To provide Village employees a definition of conflict of interest, establish a code
of ethics, and provide a set of work rules that establishes direction for the performance of
duty and proper and efficient operation of Village operations.
13.4.2 Definitions:
A. A "conflict of interest" means a situation where regard for an employee's private interest
tends to lead to disregard of a public duty or interest. A "conflict of interest" occurs
when employees solicit or accept gifts, do business with the Village and/or engage in
prohibited employment or business relationships, accept unauthorized compensation,
misuse their position, disclose or use certain information, solicit or accept honoraria, or
engage in lobbying the Village within two years of separation of employment, accept
prohibited travel expenses, receive contingency fees, or submit false statements in
connection with employment or services provided to the Village in violation of this
policy, all of which are more fully described below.
B. A "covered person" for purposes of the Personnel rules and Regulations is a Village
employee. However, the statutes and local ordinances regulating ethics and conflicts of
interests also govern members of the Village Council and Village Advisory Board
Members.
C. A "domestic partner" is an adult, unrelated by blood, with whom an unmarried or
separated official or employee has an exclusive committed relationship and maintains a
mutual residence.
D. A "gift" is something which is paid or given by a person or entity to a Village employee,
or to another for or on behalf of the employee, directly, indirectly, or in trust for the
employee's benefit or by any other means, where the employee does not, in exchange,
give something of equal or greater value to that person or entity within 90 days,
including:
• real property or the use of real property
• tangible or intangible personal property or the use of tangible or intangible personal
property
• 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 similarly
situated government employees or a rate which is available to similarly situated
members of the public by virtue of occupation, affiliation, age, religion, sex, or
national origin
• forgiveness of an indebtedness
• transportation, other than that provided to a public employee by an agency in relation
to officially approved governmental business, lodging, or parking
• food or beverage
• membership dues
• entrance fees, admission fees, or tickets to events, performances, or facilities
• plants, flowers, or floral arrangements
• services provided by persons pursuant to a professional license or certificate
• other personal services for which a fee is normally charged by the person providing
the service
• any other similar service or thing having an attributable value not already provided
for above
E. A"gift" does not include the following items:
• Salary, benefits, services, fees, commissions, gifts, or expenses associated with the
employee's employment, business, or service as an officer or director of a corporation
or organization.
• Campaign contributions or expenditures reported pursuant to statute, campaign-
related personal services provided without compensation by individuals volunteering
their time, or any other contribution or expenditure by a political party.
• An honorarium or an expense related to an honorarium event paid to a person or the
person's spouse.
• An award, plaque, certificate, or similar personalized item given in recognition of the
employee's public, civic, charitable, or professional service.
• An honorary membership in a service or fraternal organization presented merely as a
courtesy by such organization.
• The use of a public facility or public property made available by a governmental
agency, for a public purpose.
• Transportation provided to an employee by an agency in relation to officially
approved governmental business.
• Gifts provided directly or indirectly by a state, regional, or national organization
which promotes the exchange of ideas between, or the professional development of,
government officials or employees, and whose membership is primarily composed of
elected or appointed public officials or staff, to members of that organization or
officials or staff of a governmental agency that is a member of that organization.
F. A "household member" includes anyone whose primary residence is in the official's or
employee's home, including nonrelatives who are not rent payers or employees of the
head of household.
G. "Immediate family" means any parent, spouse, child, or sibling.
H. A "relative" means an individual who is related to a Covered Person as father, mother,
son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-
sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent,
step great grandparent, step grandchild, step great grandchild, person who is engaged to
be married to the Covered Person or who otherwise holds himself or herself out as or is
generally known as the person whom the Covered Person intends to marry or with whom
the Covered Person intends to form a household, or any other natural person having the
same legal residence as the Covered Person.
I. Work Rules: Those rules as set out under this policy and those commonly accepted
standards of conduct that would normally apply to personnel of a police, fire and
emergency medical service organization.
J. Violations: Any action of non-adherence, transgressions from, or failure to abide by work
rules or commonly accepted standards of conduct.
13.4.3 Background: Public organizations must, by reason of their existence, present an image to be
respected by those they serve. The personnel who make up the organization must, at all
times, project a concerned and professional image and are prohibited from engaging in
conduct that creates a conflict of interest. These qualifications, not found in all professions,
are a demanding requirement of this vocation, which, of necessity, must be evident in the
daily operation of the organization and in all contacts with the public.
13.4.4 Policy:
A. Employees shall conduct themselves in a manner consistent with that which is considered
a normal standard of conduct.
B. Employees shall not commit any deliberate act or omission, which constitutes a violation
of work rules, regulations or directives as set out in this policy or accepted as standard
operating procedure.
C. Consequences of Violations:
1. Any employee, who engages in a prohibited conflict of interest, as specified in this
directive, shall be subject to discipline, up to and including immediate termination of
employment.
2. Additionally, any employee may be subject to investigation by the Florida
Commission on Ethics, the Palm Beach County State Attorney's Office, Palm Beach
County Commission on Ethics, or other enforcement agencies, which may result in
civil and/or criminal penalties, if the violation of this policy also constitutes a
violation of Florida or applicable local law.
D. Reporting Violations:
1. Employees must contact their immediate supervisor or Department Head if they have
any questions concerning the Conflict of Interest and Code of Ethics Policy.
Suspected violations of the Conflict of Interest and Code of Ethics Policy must be
reported immediately to their Department Head or the Village Manager. Employees
may report their concerns verbally or in writing. Department Heads receiving reports
of alleged violations must immediately forward the report to the Village Manager for
action.
2. Employees may also report suspected violations of this policy to the Palm Beach
County Inspector General or the Palm Beach County Commission on Ethics.
3. The Village will not retaliate against any employee who reports suspected violations
of this Conflict of Interest and Code of Ethics Policy unless it is determined the report
was made in bad faith or maliciously.
13.4.5 Ethics Training: At the beginning of employment and throughout the course of
employment, employees are advised of their obligations to comply with the Palm Beach
County and State of Florida Code of Ethics. Training provided by the Village is mandatory
for all Covered Persons, whether initial training or follow-up training. The Village provides
follow-up training on the ethics obligations of Covered Persons approximately every 12-18
months.
13.4.6 Obedience to Rules and Regulations: Employees will not commit or omit any act violating
any rule, regulation, directive, order, or policy. Violations shall result in disciplinary action.
13.4.7 Employees/Members Standards of Conduct: These standards of conduct are intended to
govern employee conduct while facilitating the Village of North Palm Beach's goals and
objectives.
A
Absent Without Leave: Employees will be considered absent without leave if they are not
present for work and no leave was granted.
Abuse of Position: Personnel shall not authorize the use of their: names, photographs, or
official titles which identify them as Village personnel, in connection with testimonials or
advertisements of any commodity or commercial enterprise; nor shall they lend to another
person their identification cards or badges or permit them to be photographed or reproduced;
and personnel shall not use their official position, official identification cards or badges:
A. For personal financial gain
B. For obtaining privileges not otherwise available to them except in the performance of
duty; or
C. For avoiding consequences of illegal acts.
Alcohol Use Off Duty: Personnel, while off duty, shall refrain from consuming alcoholic
beverages to the extent that such consumption results in impairment, or obnoxious or
offensive behavior which discredits them or the Village, or renders them unfit to report for
their next scheduled work day.
Alcoholic Beverages/Controlled Substances in Village Facilities: Personnel shall not store
or bring into any Village facility or vehicle any alcoholic beverages and/or controlled
substances except those being held as evidence or being utilized in an official investigation.
Applications—Honesty in the Applications for Positions: No person seeking to become an
officer or employee, or seeking to enter into a contract to provide goods or services to the
Village, may make any false statement, submit any false document, or knowingly withhold
information about wrongdoing in connection with employment by or services to the Village.
Assistance, Requests for: When any person requests assistance or advice, or makes
complaints or reports, either by telephone or in person, all pertinent information will be
obtained in an official and courteous manner and will be properly and judiciously acted upon
consistent with established Village policy.
B
Business with the Village and Prohibited Employment and Business Relationships:
A. Covered Persons are prohibited from having an employment or contractual relationship
with any business entity or agency which is subject to the regulation of the Village or that
is doing business with the Village.Covered
B. Persons are prohibited from having an employment or contractual relationship that will
create a continuing or frequently recurring conflict between his or her private interests
and the performance of his or her public duties or that would impede the full and faithful
discharge of his or her public duties.
C. Covered Persons acting in their official capacity as a purchasing agent, with authority to
commit the expenditure of public funds through a contract for, or the purchase of, any
goods, services, or interest in real property for the Village (as opposed to the authority to
request or requisition a contract or purchase by another person) are prohibited from either
directly or indirectly purchasing, renting, or leasing any realty, goods, or services for the
Village from any business entity of which the employee, or the employee's spouse or
child is an officer, partner, director, or proprietor or in which such employee or his or her
spouse or child, or any combination of them, has a material interest. A material interest
means direct or indirect ownership of more than 5 percent of the total assets or capital
stock of any business entity; however, indirect ownership does not include ownership by
a spouse or minor child.
D. Covered Persons are prohibited from acting in a private capacity to rent, lease, or sell any
realty, goods, or services to the Village unless the contract for the transaction was entered
into prior to the employee's first date of employment at the Village.
C
Citizen Complaints: Personnel shall courteously and promptly respond to any complaint
made by a citizen against any Village personnel or the Village. Personnel may attempt to
resolve the complaint, but shall never attempt to dissuade any citizen from lodging a formal
complaint against Village personnel. All formal complaints received shall be in writing,
signed by the complainant and notarized. Complaints shall be forwarded to the Human
Resources Director for further action.
Compensation — Unauthorized: Employees, their spouses and minor children are
prohibited from accepting any compensation, payment, or item of value when the employee
knows, or should know with the exercise of reasonable care, that is given to influence an
action in which the employee was expected to participate in his or her official capacity.
Conflicting - Illegal Orders: Personnel who are given an otherwise proper order which is in
conflict with a previous order, rule, regulation or directive shall respectfully inform the
supervisor issuing the order of the conflict.
A. If the supervisor issuing the order does not alter or retract the conflicting order, the order
shall stand. Under these circumstances, the responsibility for the conflict shall be upon
the supervisor. Personnel shall obey the conflicting order and shall not be held
responsible for disobedience of the order, rule, regulation or directive previously issued.
B. Personnel shall not obey any order which they know or should know would require them
to commit an illegal act. If in doubt as to the legality of order, personnel shall request the
person issuing the order to clarify it or may confer with higher authority.
Conformance to Laws: Personnel shall obey all Federal, State, County, and Local laws.
Conviction of the violation or attempted violation of any law shall be prima facie evidence of
a violation of this section.
Contingency Fees:
A. No person shall, in whole or in part, pay, give or agree to pay or give a contingency fee to
another person.
B. No person shall, in whole or in part, receive or agree to receive a contingency fee.
C. "Contingency fee" means a fee, bonus, commission, or nonmonetary benefit as
compensation which is dependent on or in any way contingent on the passage, defeat, or
modification of. an ordinance, resolution, action or decision of the Village Council, any
employee authorized to act on behalf of the Village Council, the Village Manager, or any
action or decision of an advisory board or committee.
D. This prohibition does not apply to real estate brokers when acting in the course of their
profession as regulated by Florida Statutes, §§ 475.001-475.5018, as may be amended.
Nothing in this section may be construed to prohibit any salesperson from engaging in
legitimate government business on behalf of a company from receiving compensation or
commission as part of a bona fide contractual arrangement with that company provided
such compensation or commission is ordinary and customary in the industry. Nothing in
this section may be construed to prohibit an attorney from representing a client in a
judicial proceeding or formal administrative hearing pursuant to a contingent fee
arrangement.
Courtesy: Personnel shall be courteous to the public. Personnel shall be tactful in the
performance of their duties, shall control their tempers, and exercise the utmost patience and
discretion. In the performance of their duties, personnel shall not use coarse, violent, profane
or insolent language or gestures and shall not express any prejudice concerning race,
religion, politics, national origin, lifestyle or similar personal characteristics.
D
Dissident Groups: Employees will not, except in the line of duty, knowingly associate with
any person or organizations which advocates or foster hatred, oppression, or persecution of
any person or group.
Distraction From Duty: Employees will not engage in activities or personal business, which
would cause them to neglect or be inattentive to duty.
E
Endorsements and Referrals: Personnel shall not recommend or suggest in any manner,
except in the transaction of personal business, the employment or procurement of a particular
product, professional service (such as an attorney, ambulance service, towing service,
bondsman, mortician, etc.). In the case of ambulance or towing service, when such service is
necessary and the person needing the service is unable or unwilling to procure it or requests
assistance, personnel shall proceed in accordance with established Village procedures.
G
Gambling: On-duty employees will not engage or participate in gambling while on or in a
Village facility. Employees will not engage in illegal gambling at any time.
Gifts— Solicitation and Acceptance:
A. Village employees are prohibited from soliciting or accepting anything of value,
including gifts, loans, rewards, promises of future employment, favors or services that are
based on any understanding that their vote, official action or judgment would be
influenced by such a gift.
B Employees are prohibited from soliciting any gift from a political committee, a certified
committee of continuous existence, or from a person who, for compensation, seeks or
sought to influence the governmental decision making of the employee, or who
encouraged the passage, defeat, or modification of any proposal or recommendation by
the employee or the Village Council, within the past 12 months, where the gift is for the
personal benefit of the employee, or any member of their immediate family or household.
C Employees, or any person on his or her behalf, are prohibited from knowingly accepting,
directly or indirectly, a gift from a political committee, certified committee of continuous
existence, or from a person who, for compensation, seeks or sought to influence the
governmental decision making of the employee, or who encouraged the passage, defeat,
or modification of any proposal or recommendation by the employee, or the Village
Council, within the past 12 months, if he/she knows or reasonably believes that the gift
has a value in excess of$100.00. However, such a gift may be accepted by the employee
on behalf of Village or a charitable organization so long as the employee does not
maintain custody of the gift for any period of time beyond that reasonably necessary to
arrange for the transfer of custody and ownership of the gift. The value of the gift is
generally determined using the actual cost to the donor, less taxes and gratuities, or the
reasonable and customary charge for personal services provided by the donor directly.
Compensation provided by the employee to the donor within 90 days after receipt of the
gift is deducted from the value.
D. No Covered Person shall accept or agree to accept a gift from a person or entity, because
of:
• An official public action taken or to be taken, or which could be taken;
• A legal duty performed or to be performed or which could be performed; or
• A legal duty violated or to be violated, or which could be violated by any official or
employee.
E. No Covered Person, or any other person or entity on his or her behalf, shall knowingly
solicit or accept a gift with a value in excess of$100.00 in the aggregate for the calendar
year from any person or business entity that the recipient knows is a vendor, lobbyist or
any principal or employer of a lobbyist where the gift is for the personal benefit of the
official or employee, another official or employee, or any relative or household member
of the official or employee.
Gift Reports: Any employee who receives a gift in excess of one hundred dollars ($100.00)
shall report that gift in accordance with this section.
A. Gift reports for employees identified by state law as reporting individuals. Those
persons required to report gifts pursuant to state law shall report those gifts in the
manner provided by Florida Statutes, §112.3 148, as may be amended. A copy of each
report shall be filed with the Palm Beach County Commission on Ethics.
B. All other employees who are not reporting individuals under state law.
1. Personal gifts. All employees who are not reporting individuals under state law
are not required to report gifts in excess of one hundred dollars ($100.00) so long
as those gifts are given to the employee by a personal friend or co-worker and the
circumstances demonstrate that the motivation for the gift was the personal or
social relationship rather than an attempt to obtain the goodwill or otherwise
influence the official or employee in the performance of his or her official duties.
Factors to be considered in determining whether a gift was motivated by a
personal or social relationship may include but shall not be limited to: whether the
relationship began before or after the official or employee obtained his or her
office or position; the prior history of gift giving between the individuals; whether
the gift was given in connection with a holiday or other special occasion; whether
the donor personally paid for the gift or sought a tax deduction or business
reimbursement; and whether the donor gave similar gifts to other officials or
employees at or near the same time. If the personal friend or co-worker is a
vendor, lobbyist or principal or employer of a lobbyist that lobbies the Village,
then the employee shall not accept a gift in excess of one hundred dollars
($100.00) in accordance with this policy.
2. All other gifts. All employees who are not reporting individuals under state law
and who receive any gift in excess of one hundred dollars ($100.00), which is not
otherwise excluded or prohibited pursuant to this subsection, shall complete and
submit an annual gift disclosure report with the county commission on ethics no
later than November 1 of each year beginning November 1, 2011, for the period
ending September 30 of each year. All officials or employees who are not
reporting individuals under state law and who do not receive a gift in excess of
one hundred dollars ($100.00) during a given reporting period shall not file an
annual gift disclosure report. The annual gift disclosure report shall be created by
the county commission on ethics and shall be in a form substantially similar in
content as that required by state law.
Gratuities, Bribes or Rewards: Personnel shall not solicit or accept any gratuity. Bribe, or
reward from any person, business or organization if personnel have reason to believe that the
donor is seeking to influence personnel's performance or non-performance of an official
duty, has an interest which maybe substantially affected by the performance of an official
duty, has a substantial interest in an enterprise which is licensed or regulated by the Village.
H
Honoraria— Solicitation of Acceptance:
A. The Village Manager, Village Clerk, Village Building Code Inspector, employees with
the power to grant or deny a land development permit, and any purchasing agent with
authority to make any single purchase in excess of $20,000 on behalf of the Village are
prohibited from soliciting an honorarium which is related to their public office or duties.
B. An honorarium means any payment of money or anything of value, directly or indirectly,
to the employee, or to any other person on his or her behalf, as payment for a speech,
address, oration or other oral presentation by the employee, regardless of whether
presented in person, recorded or broadcast over the media, or for a writing by the
employee that is intended to be published (other than a book).
C. Because an honorarium does not include 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 the employee and
spouse, the employee may accept payment of such expenses related to an honorarium
event, provided the employee receives 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 provided for the event within 60 days of the event and
receives a waiver from the Village Council authorizing acceptance of such expenses, as
more specifically outlined under the Travel Expenses section of this policy.
D. If the Village Council authorizes acceptance of the expenses, the employee must disclose
such expenses with the attached statement and approval annually in the financial
disclosure when such expenses are paid by a political committee or committee of
continuous existence or from a person who, for compensation, seeks or sought to
influence the governmental decision making of the Village Manager or purchasing agent,
or who encouraged the passage, defeat, or modification of any proposal or
recommendation by the Village Manager, purchasing agent, or the Village Council,
within the past 12 months.
I
Identification: Personnel shall carry their identification cards on their person at all times,
except when impractical or dangerous to their safety. They shall furnish their name and
identification number to any person requesting that information, when they are on duty or
while holding themselves out as having official capacity.
Immoral Conduct: Members and employees shall maintain a level of moral conduct in_their
personal and business affairs, which is in keeping with the highest standards of the
profession. Members and employees shall not participate in any action involving moral
turpitude, which impairs their ability to perform as Village personnel or causes the Village to
be brought under unfavorable scrutiny.
Information — Disclosure or Use of Certain Information: Current and former employees
of the Village are prohibited from disclosing or using information not available to members
of the general public and gained by reason of his or her position, except for information
relating exclusively to governmental practices, for his or her personal gain or benefit or for
the personal gain or benefit of any other person or business entity.
Insubordination: Insubordination shall include but not necessarily be limited to any failure
or deliberate refusal to obey a lawful order given by a supervisor, or any disrespectful,
mutinous, insolent, or abusive language or action toward a supervisor.
K
Keys:
A. On-duty employees will not possess a business premise key for the purpose of obtaining
shelter, rest, or telephone service. Supervisors may make temporary exceptions if needed
in the performance of official duties.
B. Employees are not permitted to duplicate any Village key without their Department
Director or designee's permission.
L
Labor Activity: Personnel shall have the right to join labor organizations. Nothing shall
compel the Village to recognize or to engage in collective bargaining with any such labor
organization except as provided by law.
M
Meal/Break Procedure:
A. Employees are entitled to one 30-minute meal break per eight-hour shift and one 15-
minute break for each four hours worked.
B. Employees are authorized two 15-minute breaks not to be taken consecutively or in
conjunction with a 30-minute meal/break unless authorized by their immediate
supervisor.
C. Meal breaks will not represent compensable time except as specified herein and as
specified in any applicable bargaining unit agreement. Nonetheless, employees will
continue to receive pay for 40 hours of work per regularly scheduled workweek.
D. Employees will be given time for meals and breaks at the discretion of their immediate
supervisor and consistent with applicable bargaining unit agreement.
E. Employees can be recalled from authorized meals or breaks at the discretion of a
supervisor. Employees may be recalled for up to two meal breaks per workweek without
incurring any additional compensable time beyond that otherwise accrued. Additional
recall during meal breaks in a workweek beyond two meal breaks will result in an added
30 minutes of compensable time for that workweek.
Misuse of Position:
A. Covered Persons are prohibited from, whether corruptly or not, using or attempting to o use
his or her position or any property or resource which may be within his or her trust, or
perform his or her official duties, to secure a special privilege, benefit or exemption for
himself, herself, or others. "Corruptly" means done with a wrongful intent and for the
purpose of obtaining, or compensating or receiving compensation for, any benefit
resulting from some act or omission of an official or employee which is inconsistent with
the proper performance of his or her public duties.
B. Specifically, an employee shall not use his or her official position, or take or fail to take
any action, or influence others to take or fail to take any action, in a manner which he or
she knows or should know with the exercise of reasonable care will result in a special
financial benefit, not shared with similarly situated members of the general public, for
any of the following persons or entities:
• Himself or herself,
• His or her spouse or domestic partner, household member or persons claimed as
dependents on the official or employee's latest individual federal income tax return,
or the employer or business of any of these people;
• A sibling or step-sibling, child or step-child, parent or step-parent, niece or nephew,
uncle or aunt, or grandparent or grandchild of either himself or herself, or of his or
her spouse or domestic partner, or the employer or business of any of these people;
• An outside employer or business of his or hers, or of his or her spouse or domestic
partner, or someone who is known to such official or employee to work for such
outside employer or business;
• A customer or client of the official or employee's outside employer or business;
• A substantial debtor or creditor of his or hers, or of his or her spouse or domestic
partner—"substantial" for these purposes shall mean at least ten thousand dollars
($10,000.00) and shall not include forms of indebtedness, such as a mortgage and
note, or a loan between the employee and a financial institution;
• A civic group, union, social, charitable, or religious organization, or other not for
profit organization of which he or she (or his or her spouse or domestic partner) is an
officer or director.
N
Neglect of Duty: Personnel shall not fail to give suitable attention to the performance of
duty. Examples of neglect of duty include but are not limited to: Failure to take appropriate
action on the occasion of a crime scene, disorder, or other act or condition deserving
attention; Absence without Leave; Unnecessary absence from one's assignment during a tour
of duty; Failure to report for duty at the time and place designated; Failure to perform duties;
or engaging in any activity or personal business which would cause one to be inattentive to
duty.
Notices - Postin2/Circulation/Destruction/Defacin2: Personnel shall not destroy or deface
any official written Notice/Memorandum posted relating to Village business. The posting of
any non-official Notice/Memorandum of derogatory character relating to Village activity is
prohibited.
0
Obedience to Orders: Personnel shall obey and fully execute any lawful order, written or
oral, given by a supervisor, which shall include but not necessarily be limited to these work
rules, policies and procedures of the Village. The term "lawful order" shall be construed as
any order in keeping with the performance of any duty prescribed by law or by these rules, or
for the preservation of good order, efficiency and proper discipline, which is not in conflict
with these rules or Village procedures.
Official Document-Destroying: Employees will not destroy or permanently remove from its
proper location any official record without proper authorization.
P
Payment of Debts: Personnel shall not willfully or negligently fail to pay all just debts and
legal liabilities when due. Personnel should not undertake any financial obligations, which
they know or should know they will be unable to meet. Personnel shall not co-sign a note for
any supervisor.
Payment for Personal Injury: Employees will not accept or agree to accept anything as
payment for personal injury or property damage incurred in the line of duty without first
notifying their Department Director, unless per a lawfully instituted legal action.
Personal Appearance: Personnel on duty shall wear uniforms or other clothing in
accordance with established Village policy. Personnel on duty shall maintain a neat, well-
groomed appearance and shall style their hair according to established Village policy.
Political Activity: Personnel are permitted to engage in political activities that fall within the
first amendment protections and shall not be restricted in this right except where in conflict
or violation of Federal, State or local law.
Political, Religious, or Discriminatory Discussions: Employees will not use remarks that
degrade national origin, sex, age, color, creed, beliefs, or physical handicaps.
Possession/Use of Controlled Substances: Personnel shall not possess or use any controlled
substance, except with the approval and guidance of a licensed physician and with the
knowledge of a supervisor. At no time may any personnel of the Village be under the
influence of a controlled substance where such use or influence impairs or compromises the
Village.
Possession/Use of Alcohol: Personnel shall not possess or consume alcoholic beverages
while on duty. Personnel shall not report for duty, or be on duty, while under the influence of
alcoholic beverages to any degree whatsoever, or with an odor of alcoholic beverages on
their breath.
Promptness: Employees will report for work at the time and place specified, properly attired
and equipped.
Property, Dama2e/Loss of Village:
A. Damaged Village property will be reported to supervisors as soon as possible after the
incident occurs via memo.
B. Lost or stolen Village property including Village equipment, radios, badges, ID Cards,
keys, uniforms, etc., will be reported as follows:
1. Employees will immediately make verbal notification of the incident to their
supervisor.
2. As soon as possible after making verbal notification, employees will prepare a written
report and submit it to their supervisor.
Note: The written report will include the property's description and circumstances
surrounding the loss or theft.
3. Supervisors will send a copy of the report to their Department Director for filing and
future reference.
Professional Demeanor: Employees will not demonstrate a lazy disposition such as
lounging about or placing their feet on desks or other furniture in public view.
Prohibited Ass ociation/Freauentin2: Personnel shall not frequent or associate with
person(s), organizations or places that they know, or should know, are under criminal
investigation or indictment, or that have a reputation in the community or Village for present
involvement in felonious or criminal activity, or where unavoidable because of other
personal relationships with personnel.
Public Statements and Appearances:
A. Personnel shall not publicly criticize or ridicule the Village, its policies or other
personnel by speech, writing or other expression, where such speech, writing or other
expression is defamatory, obscene, unlawful, which undermines the effectiveness of the
Village, interferes with the maintenance of discipline, or is made with reckless disregard
for truth or falsity.
B. Personnel shall not address public gatherings, appear on radio or television, prepare any
article for publication, act as correspondents to a newspaper or periodical, release or
divulge any other matters of the Village while holding themselves out as representing the
Village in such matters without proper authority.
Public — Relationship with the: Employees will avoid giving the impression they are
evading the performance of their duty or disinterested in problems of persons who may be
referred elsewhere for service. Employees will not belittle a seemingly trivial request,
complaint, or piece of information, but will thank the person regardless of the information
received.
Public - Courtesy to the: Employees will be courteous when dealing with the public,
avoiding conduct, which conveys disinterest or disrespect.
R
Recall to Duty: Off-duty employees will report for duty immediately upon receipt of orders
to do so.
Relief: Except in emergencies, employees will not leave their assignment without being
properly relieved. If not properly relieved, employees will notify their on-duty supervisor as
soon as possible.
Rendering Assistance: Employees will take applicable action without delay, to aid another
law enforcement officer or employee exposed to impending danger.
Reporting for Duty: Personnel shall report for duty at the time and place required by
established schedules, special assignments, or orders. Personnel shall be physically and
mentally fit to perform their duties and they shall be properly equipped and cognizant of
information required for the proper performance of duty so that they may immediately
assume their duties.
Reporting Illness:
A. Employees unable to report for duty due to illness must notify their supervisor or other
competent authority at least one hour before their scheduled reporting time.
B. Ill or injured employees on sick leave will remain at home during their regularly
scheduled duty hours except for viable medical reasons, voting, attending religious
establishments, or at their supervisor's discretion.
C. If sick leave abuse is suspected or excessive sick leave use occurs, supervisors may
require an employee provide a physician's note explaining the employees illness. Any
medical consultation for an employee's illness is at the employee's expense.
D. Employees will not pretend illness or injury, falsely report themselves ill or injured, or
otherwise deceive or attempt to deceive a supervisor as to their health.
S
Sleeping While On Duty: Employees will remain awake and alert while on duty. If unable
to do so, they will advise their supervisor who will determine the proper course of action.
Solicit/Engage in Sexual Activity or Conduct:
A. On-duty employees will not solicit or engage in sexual activity.
B. Employees will not solicit or engage in sexual activity with inmates or in-custody
persons or knowingly initiate sexual activity with subjects or witnesses of a criminal
investigation.
Soliciting Influence: Employees will not solicit the aid of persons or groups outside the
Village for assistance in the procurement of transfers, duty assignments, or promotions.
T
Telephone: Personnel shall have telephones in their residences, and immediately report any
changes of telephone numbers or addresses to their supervisors and to such other persons as
is required. They shall not at any time disconnect or cause to be disconnected for any period
of time the phone line to the residence or use an answering service or recorded message
service when in residence for the purpose of delaying response to communication with this
Village.
Training Schools, Conduct While Attending:
A. Employees will attend in-service training if scheduled.
B. Official uniforms or civilian clothing conforming to Village standards will be worn.
C. Employees will comply with all rules and instructions regulating their conduct while
attending school and with the firearms instructor's directions regarding their conduct on
the range.
D. Employees attending approved training will not leave the training unless excused by the
instructor. Employees will immediately notify their supervisor of any absences during
scheduled training hours.
Travel Expenses: No employee shall accept, directly or indirectly, any travel expenses
including, but not limited to, transportation, lodging, meals, registration fees and incidentals
from any municipal contractor, vendor, service provider, bidder or proposer as applicable.
The Village Council may waive the requirements of this subsection by a majority vote of the
Village Council. The provisions of this subsection shall not apply to travel expenses paid by
other governmental entities or by organizations of which the municipality is a member if the
travel is related to that membership.
U
Unbecoming Conduct: Members and employees shall conduct themselves at all times, both
on and off duty, in such a manner as to reflect most favorably on the Village.
A. Conduct unbecoming a member or employee shall include any conduct which brings
the Village into disrepute or reflects discredit upon the member, the employee, or the
Village.
B. It also includes any conduct, which impairs the operation or efficiency of the Village,
or any member or employee.
Undesirable Establishments - Frequenting: Employees will not knowingly visit, enter, or
frequent a house of prostitution, gambling house, or establishment where Village ordinances
or Florida Statutes are violated.
Unfit for Duty: Employees found unfit for duty or improperly attired or equipped may be
relieved from duty by their supervisor. Any loss of time will be deducted from the
employee's salary and disciplinary action initiated if applicable.
Unlawful Order: Employees given unlawful orders will respectfully refuse to obey them
and explain their reason. At an appropriate time, employees will submit a report to a higher
authority via chain of command.
VWXYZ
Village Equipment - Use of: Personnel shall utilize Village equipment only for its intended
purpose, in accordance with established procedures, and shall not abuse, damage or lose
Village equipment. All Village equipment issued to employees shall be maintained in proper
order. Any damage to or loss of Village equipment shall be handled in accordance with
Village directives.
Village Property - Reporting Damage: Personnel shall immediately report all damage to
vehicles and equipment and file a report which contains all known facts surrounding the
cause and nature of the damage, in accordance with Village policy. In the event that Village
property is found bearing evidence of damage which has not been reported, it shall be
deemed to suspect the last person using the vehicle or property of causing the damage.
Village Property Restrictions - Use of: Physical objects issued by the Village to employees
or members will remain Village property and be subject to all policies and procedures on
property as follows:
A. Employees will be responsible for the safekeeping and care of Village property used by
them.
B. Property will be used only for official purposes and in the capacity it was intended.
C. Property will not be transferred from one employee to another without the permission of
the employee's supervisor.
D. Village equipment (in storage or assigned to an individual) will be maintained in a state
of operational readiness.
E. Employees will not take, borrow, or use any private or confiscated property for their
personal use without proper authorization.
Village Reports and Records: Personnel shall submit all necessary reports on time and in
accordance with Village directives, and all reports submitted shall be truthful and complete.
Village Standards - Meeting:
A. Employees will perform their duties properly and assume the responsibilities of their
positions.
B. Employees will perform their duties in a manner, which tends to establish and maintain
the highest standards of efficiency, competency, and professionalism in carrying out the
functions and meeting Village objectives.
C. Failure to meet Village standards includes, but is not limited to:
1. Lack of knowledge of laws and procedures relevant to the performance of duty
2. Unwillingness or inability to perform assigned duties or satisfy standards of
performance established for the position
Village Vehicles-Operation: Personnel shall operate official vehicles in a careful and
prudent manner, and shall obey all laws and general orders pertaining to such operation. Loss
or suspension of any driving license shall be reported to the Village immediately.
Wi
Village Correspondence: All Village personnel shall obtain approval from their department
director or designee rp for to distributing "official" written correspondence outside the
agency.
A. Only approved Village letterhead will be utilized.
B. All "inter-office" correspondence should be placed on the established Village
memorandum form.
C. Inter-office correspondence is described as that written correspondence conducted
between Village personnel.
D. No third party communication is to be disseminated outside the agency without the
expressed consent of the authoring agency/jurisdiction.
Village Literature-Keeping Informed of:
A. Employees will read and understand all applicable Village literature including, but not
limited to:
1. Policies and procedures
2. General Orders
3. Administrative Orders
4. Training and legal bulletins
5. Village ordinances
6. State and federal laws
B. Employees with questions regarding Village literature will request assistance from their
supervisor.
Violations of Regulations-Reporting: Employees with knowledge of an employee or
member in violation of Village regulations, rules, laws, or ordinances will report the
violation to their immediate supervisor or watch commander as soon as practical.
Visiting a Lounge/Bar While On-Duty: On-duty employees will not enter or visit any
cocktail lounge, beer parlor, or place where the sale of alcoholic beverages for consumption
on the premises is the primary business.
13.4.8 Investigation Procedures:
A. Initiation of Investigation: Investigations are initiated based upon a variety of factors
including as a result of an employee report or complaint, audit results, or other sources.
Depending on the source and nature of the issue, an Internal Investigation may be
conducted by the Village Manager or his/her designee.
B. Internal Investigations: Employees will be contacted to provide information for the
Internal Investigations conducted by the Village. The person assigned to the
investigation will notify an employee's immediate supervisor if an employee must be
absent from the work area to provide information or assist in the investigation. However,
the supervisor may not be made aware of the details of the investigation by the Village if
he or she does not have a relevant or legitimate need to know. Any interviews will be
scheduled so as not to unduly disrupt the workload of the department to the extent
possible.
C. External Investigations:
1. Employees may be made aware of External Investigations conducted by State,
Federal or Local agencies. Where the Village is made aware of the External
Investigation, the Village Manager will coordinate with the Village Attorney to
facilitate employee interviews or requests for information.
2. Where authorized by the agency conducting the External Investigation, the Village
Attorney will be present at any interviews or review of documents in his/her sole
discretion, with input from the Village Manager, to protect the Village's interests.
Additionally, all employees may, and should, request that the Village Attorney be
present at all interviews. If a request is denied by the External Investigator, the
employee generally has the right to terminate the interview until he or she has an
opportunity to consult with the Village Attorney or his/her own personal attorney.
3. The Village cooperates fully with External Investigations and other requests for
information in accordance with applicable law. If an employee is contacted directly
by a Federal, State, or Local agency regarding his or her work or affiliation and/or
knowledge of the Village, the employee should not feel pressured to speak with the
investigator without first contacting the Village Manager, who may also consult the
Village Attorney. Employees have the right to:
• Speak with the investigator
• Request that the interview take place at a time and place that is convenient
• Have the Village Attorney present or personally retained legal counsel
• Terminate the interview at any time
• Refuse to answer any questions
• Refuse to allow audio recordings of the interview
4. If an employee speaks with an investigator, the Village expects the employee to be
truthful and to avoid speculation in responding to inquiries. Employees must respond
with accurate and truthful information. In accordance with Florida law, employees
are prohibited from concealing, destroying or altering documents.
5. Interviews with external investigators may have a substantial legal effect and may
impact the employee's legal rights and those of the Village. Employees should
always be polite and obtain the following information before speaking with an
External Investigator:
• Business card of all investigators/persons present
• Reason for the visit
• Obtain copy of subpoena, warrant or court order requiring production of the
information requested, if any
• Request to see the investigator's badge (e.g. for law enforcement, Department of
Labor, etc.)
• Confirm whether you are the subject of the investigation
6. Employees presented with a subpoena, warrant, or court order must immediately
notify the Village Manager who will contact the Village Attorney.
APPROVED
Ed Green
Village Manager
ACKNOWLEDGMENT OF RECEIPT
-. VILLAGE OF NORTH PALM BEACH
DISCIPLINE, CONFLICTS OF INTEREST
AND CODE OF ETHICS POLICY
I, the undersigned Village of North Palm Beach Employee, state that I have received the Village's
Discipline, Conflicts of Interest and Code of Ethics Policy and shall abide by all of the Villages
approved procedures contained therein. I understand that it is my responsibility to read and understand
the procedures contained within this policy. I also understand that this policy is not intended to serve as
a contract, either express or implied, and that the Village has the right to revise, discontinue, suspend, or
modify any of the procedures contained herein at any time at its sole discretion, and that all such
changes will be binding upon all employees. This document is not intended as legal advice or a solution
to an individual problem.
Print Name:
Signed:
Date: