§ 2-32. Gift policies for employees.

(a)

The policies and standards set forth herein regulating gifts and certain matters are founded upon the following statutory principles:

(1)

The public interest requires that the law protect against any conflict of interest and establish standards for the conduct of government employees in situations where conflicts may exist. F.S. § 112.311(1).

(2)

It is declared to be the policy of the state that local employees are agents of the people and hold their positions for the benefit of the public, promoting the public interest; and maintaining the respect of the people in their government must be of foremost concern. F.S. § 112.311(6).

(3)

Florida Statutes § 112.326 allows the governing body of a local government to impose upon its employees and officers additional or more stringent standards of conduct and disclosure requirements than those specified in the code of ethics, provided that those standards of conduct and disclosure requirements do not otherwise conflict with the provisions of the code of ethics.

(b)

The city commission, in accordance with the statutory principles set forth above, and in recognition of the principle that the public's belief and trust in its government is of overriding concern, establishes a gift policy for its employees that is more restrictive than, and not in conflict with, the policies established in F.S. ch. 112, pt. III. The city's gift policy is as follows:

(1)

Employees shall not accept gifts, favors, rewards, promise of future employment, service, gratuities, loans, or anything else of value, offered because of employees' position with the city. This limitation is not intended to prohibit the acceptance by employees of articles of negligible value given in appreciation. However, if a gift could be perceived as being given with an understanding that a future action or judgment of the employee will be influenced thereby, the employee shall not accept the gift, favor, gratuity, or loan.

(2)

Any gift received by an employee other than that of negligible value and which is intended as an expression of appreciation to the city shall be deemed to be the property of the city and shall be treated as public property. All such gifts shall be deemed to have been accepted in the employee's capacity as a public employee on behalf of the city. The employee shall submit the gift to the city manager or designee. However, if a gift could be perceived as being given with an understanding that a future action or judgment of the city or employee would be influenced thereby, the employee shall not accept the gift, favor, gratuity, or loan.

(3)

This gift policy shall not prohibit employees from accepting invitations to functions which they attend as invited guests because of their employment with the city. Food and beverages served to the larger group attending such function shall be considered of negligible value regardless of their estimated cost. However, nothing in this subsection shall modify the reporting requirements of F.S. ch. 112. If an attendance at the function could be perceived as being given with an understanding that a future action or judgment of the city or employee would be influenced thereby, the employee shall not accept the invitation.

(4)

The term "negligible value" for the purpose of this policy is defined to be twenty-five dollars ($25.00) or less.

(5)

The term "gift" shall have the meaning ascribed to it in F.S. § 112.312. Gifts do not include those benefits, expenses, gifts, and items set forth in F.S. § 112.312(12)(b).

(c)

Nothing in this policy shall relieve the employee of the city from strict compliance with Florida Statutes and, particularly, F.S. ch. 112, pt. III.

(d)

Nothing herein shall affect or otherwise modify the rules, statutes and principles regulating the expenditure of public money exclusively for a public purpose.

(Ord. No. 2012-15, § 1, 10-25-12)