§ 2-453. Code of ethical standards for County officers and employees.

(a)

Local Financial Disclosure.

(1)

In addition to the annual statement of financial interests and all other disclosure documents required to be filed pursuant to Florida law, any person required to file an annual statement of financial interest, as described in Part III, Chapter 112, Florida Statutes, shall file four (4) separate Local Financial Disclosure forms with the Orange County Office of Agenda Development on a schedule as follows:

•

For the period of January 1 to March 31, within thirty (30) days following March 31;

•

For the period of April 1 to June 30, within thirty (30) days following June 30;

•

For the period of July 1 to September 30, within thirty (30) days following September 30; and

•

For the period of October 1 to December 31, within thirty (30) days following December 31.

The filing party shall continue to file the annual statement of financial interest as required under Florida law, and such annual filing is not under the jurisdiction of this Code.

Each Local Financial Disclosure shall be submitted on the appropriate form which shall include disclosure of the following information during the reporting period:

a.

For persons required under state law to file an annual form of financial interest (Form 6), the Local Financial Disclosure form, as required by Article II, Section 8, Florida Constitution, sections 112.3144. 112.312, and 112.3145, Florida Statutes, and this Code, shall include the following information:

1.

The filing party's net worth;

2.

Assets worth more than one thousand dollars ($1,000.00);

3.

Liabilities;

4.

All sources of income including primary sources of income and secondary sources of income;

5.

Interests in specified businesses; and

6.

All real property except homestead property which is owned directly or indirectly by the filing party.

Disclosure relating to items 1. through 6. above shall be interpreted and disclosed in accordance with the requirements and instructions for Commission on Ethics Form 6 and in accordance with the terms as defined in Part III, Chapter 112, Florida Statutes; provided, however, if you are required to file a Form 6 and if you have a beneficial, equitable, or Significant Interest in a Business Entity during the disclosure period you must identify said Business Entity in accordance with this section. Attaching a tax return will not satisfy the quarterly disclosure requirements under this Code.

b.

For persons required under state law to file an annual form of financial interest (Form 1), the Local Financial Disclosure form, as required by Article II, Section 8, Florida Constitution, section 112.3145, Florida Statutes, and this Code, shall include the following information:

1.

All sources of income including primary sources of income and secondary sources of income;

2.

All real property except homestead property;

3.

All intangible personal property;

4.

Liabilities; and

5.

Interests in specified businesses.

c.

Additionally, in all cases the filing party shall identify:

1.

All Business Associates; and

2.

All Business Entities in which the filing party has a Significant Interest either directly or indirectly during the reporting period. In the case of disclosure of a Business Entity in which the filing party has a Significant Interest either directly or Indirectly this disclosure shall include any limited liability company and all Subsidiary Entities of such Business Entity.

(2)

A process for distribution of the Local Financial Disclosure forms and the format of the Local Financial Disclosure forms shall be established separately by administrative regulation.

(3)

In completing the Local Financial Disclosure forms, if there is no change from the previously filed report, the words, "No Change" may be indicated on the form by the reporting individual; however, in all cases a form shall be signed and filed by the reporting individual.

(b)

Supplemental Local Financial Disclosure. As a supplement to the Local Financial Disclosure required pursuant to subsection (a), above, the Mayor and each commissioner shall disclose in writing all new Business Associates acquired by the mayor or commissioner and all Business Entities in which the officer acquires a Significant Interest, either directly or indirectly, and all known Parent Entities and Subsidiary Entities of such Business Entity. The written disclosure shall be filed within seven (7) days of the formation of the Business Entity or the date the mayor or commissioner enters into the Business Relationship with the new Business Associate. The mayor and each commissioner shall disclose this information on a form, adopted separately by administrative regulation, which shall be filed with the Orange County Office of Agenda Development.

(c)

Gifts. No lobbyist or principal who retains a lobbyist shall make, directly or Indirectly, any gift to the mayor or any commissioner, and the mayor or any commissioner shall not accept any gift from a lobbyist or principal who retains a lobbyist, except the following items which are exempt from this requirement:

(1)

Food or beverage of a value not to exceed thirty-five dollars ($35.00) which are provided at meetings of professional, civic, nonprofit, or charitable organizations;

(2)

Gifts of De Minimus value;

(3)

Food or beverage of any value which is provided at any function where the mayor or a commissioner is the featured speaker or a featured guest invited in his/her official capacity, and the meeting is either open to the public or other community leaders or elected officials have been invited and are expected to attend in their respective official capacities regardless of whether an admission fee is charged to attend said function;

(4)

Food or beverage of any value which is served at a stand-alone social event; and

(5)

Any gift from a relative.

"Gifts" shall be valued as described in section 112.3148, Florida Statutes.

(d)

Two-year post-employment restriction for specified employees.

(1)

Consistent with the provisions of subsection 112.313(13), Florida Statutes, for a period of two (2) years following the date an individual leaves employment with the County, those County employees required to file financial disclosure pursuant to section 112.3145, Florida Statutes, shall not personally represent any person or entity for compensation before the Board.

(2)

This paragraph is not applicable to any person who is an employee of the County prior to January 1, 2009.

(e)

One-year post-employment restriction for specified employees.

(1)

For a period of one (1) year following the date an individual leaves employment with the County, a County employee who substantially contributed to the creation of a request for bid or request for proposal, including the bid or proposal package, the associated contract, and the evaluation of any such bid or proposal, may not engage in employment activities for the selected contractor when the employment activity is directly related to the resulting contract or contractual services.

(2)

An employee may seek legal counsel of the County Ethics Officer in interpreting this section of law prior to his/her termination of County employment.

(3)

The County Administrator may grant a waiver of this restriction as to any affected County employee for good cause shown provided that the employee's termination of employment is not involuntary (except that a waiver shall be granted in cases of involuntary unemployment through no fault of the employee) and in those cases where granting the waiver is in the public interest.

(4)

The language provided in paragraph (1), above, shall be included in all bid or proposal packages issued by the County, the contractor's violation of which shall be grounds for County termination of the contract.

(f)

Disclosure; abstaining from vote due to apparent conflict of interest.

(1)

In addition to the requirements that a local officer abstain from voting due to conflict as provided in section 112.3143, Florida Statutes, when the mayor or a commissioner knowingly is a Business Associate, as defined herein, with any person bringing a matter before the Board or when a matter before the Board will benefit any person with whom the mayor or a commissioner knowingly was a Business Associate in the previous two-year period, the mayor or commissioner shall disclose the existence of the Business Associate.

(2)

a.

The mayor or any commissioner may abstain from voting on any matter coming before the Board if:

1.

The matter is brought by or benefits a person with whom the mayor or that commissioner knowingly is a Business Associate at the time of the vote; or

2.

The matter is brought by or benefits a person with whom the mayor or that commissioner knowingly was a Business Associate within the two-year period prior to the matter coming before the Board.

b.

If applicable, the basis for abstaining from the vote shall be an Appearance or Perception of Conflict, as defined in this article, and the mayor or commissioner shall:

1.

Prior to the vote being taken, publicly state to the assembly the nature of the officer's interest in the matter from which he or she is abstaining from voting; and

2.

Within fifteen (15) days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum of voting conflict (commission on ethics Form 8B) filed with the person responsible for recording the minutes of the meeting. The memorandum shall be incorporated into the minutes of the meeting at which the officer abstained.

(3)

Unless otherwise a conflict under state law, for purposes of abstaining from voting due to appearance of conflict, this section may not be applied to a business relationship established prior to:

a.

The effective date of this article, or

b.

The date the mayor or member of the board began his/her term of office;

However, in all cases where the mayor or a member of the BCC is a business associate, as defined herein, with any person bringing a matter before the BCC or when a matter before the BCC will benefit any person with whom the mayor or a member was a business associate in the previous two-year period, the mayor or member shall disclose the nature of the prior relationship prior to voting.

(g)

Additional disclosure.

(1)

If a mayor or a commissioner e votes favorably on a matter before the Board and, within one (1) year from the date of that vote, that mayor or commissioner enters into a Business Relationship, as defined herein, with the person who brought the matter before the Board, the Business Relationship shall be disclosed orally at the next Board meeting following the mayor or commissioner's knowledge that the Business Relationship exists. A written memorandum, a form of which is adopted separately by administrative regulation, disclosing the nature of the Business Relationship shall be filed with the person responsible for recording the minutes of the meeting within fifteen (15) days of the oral disclosure and shall be incorporated into the minutes of the meeting at which the oral disclosure was made.

(2)

Disclosure obligations under this paragraph shall cease after the date the mayor or commissioner vacates his/her office.

(h)

Solicitation and Receipt of Contributions. Charitable Contribution Fundraising. The solicitation of funds by the Mayor or a County Commissioner for a nonprofit, charitable organization, as defined under the Internal Revenue Code, is permissible so long as there is no quid pro quo or other special consideration, including any direct or Indirect benefit between the parties to the solicitation.

(Ord. No. 2008-15 , § 2, 7-8-08; Ord. No. 2010-08 , § 3, 6-29-10; Ord. No. 2011-09 , § 3, 6-28-11)