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Conflicts of Interest and Code of Ethics Policy Village of North Palm Beach PAI. POLICY AND PROCEDURES MANUAL REVISION CONFLICTS OF INTEREST AND CODE OF ETHICS POLICY It is the policy of the Village to require employees to avoid prohibited conflicts of interest. When employees are in doubt as to whether any particular action or inaction presents a prohibited conflict of interest, employees must immediately seek guidance from the immediate supervisor or Department Head. SECTION 1: DEFINITIONS FOR CONFLICT OF INTEREST AND CODE OF ETHICS POLICY 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. 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. 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. 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 • "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. • "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. "Immediate family" means any parent, spouse, child, or sibling. 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. SECTION 2: PROHIBITED CONFLICTS OF INTEREST All employees are prohibited from engaging in conduct that creates a conflict of interest. SECTION 3: SOLICITATION OR ACCEPTANCE OF GIFTS 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. 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. 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. 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. 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. SECTION 4: 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. 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, §112.3148, as may be amended. A copy of each report shall be filed with the Palm Beach County Commission on Ethics. All other employees who are not reporting individuals under state law. 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. All other gifts. All employees who are not reporting individuals under state law and who receive any gift in L ess of one hundred dollars ($100.00), which is not otherwise excluded or prohibited pursuant to this section, shall complete and submit an annual gift disclosure report with the county commission on cs no later than November 1 of each year beginning November 1, 2011, for the period ending ptember 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. SECTION 5: DOING BUSINESS WITH VILLAGE AND PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS 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 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. 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. 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. SECTION 6: UNAUTHORIZED COMPENSATION 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. SECTION 7: MISUSE OF POSITION Covered Persons are prohibited from, whether corruptly or not, using or attempting to 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. 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. SECTION 8: 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. SECTION 9: SOLICITATION OR ACCEPTANCE OF HONORARIA 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. 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). 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. 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. SECTION 10: 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. SECTION 11: CONTINGENCY FEES No person shall, in whole or in part, pay, give or agree to pay or give a contingency fee to another person. No person shall, in whole or in part, receive or agree to receive a contingency fee. "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. 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. SECTION 12: HONESTY IN 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. SECTION 13: 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. SECTION 14: CONSEQUENCES OF VIOLATIONS Any employee who engages in a prohibited conflict of interest, as specified above, shall be subject to discipline, up to and including immediate termination of employment. 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. SECTION 15: REPORTING VIOLATIONS 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. Employees may also report suspected violations of this policy to the Palm Beach County Inspector General or the Palm Beach County Commission on Ethics. 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. SECTION 16: INVESTIGATION PROCEDURE 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 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. 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. 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 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. 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 Employees presented with a subpoena, warrant, or court order must immediately notify the Village Manager who will contact the Village Attorney. ACKNOWLEDGMENT OF RECEIPT VILLAGE OF NORTH PALM BEACH 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 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-