HomeMy WebLinkAboutO-2026-022 Creating Section 2-300 Conflict of Interest and Code of EthicsORDINANCE NO. 2026-022
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, TO AMEND CHAPTER 2, ENTITLED
“ADMINISTRATION”, OF THE CITY’S CODE OF ORDINANCES; TO
CREATE ARTICLE XII, ENTITLED “CONFLICT OF INTEREST AND CODE
OF ETHICS”; TO CREATE SECTION 2-300 ENTITLED “CONFLICT OF
INTEREST AND CODE OF ETHICS ORDINANCE”; PROVIDING FOR
CONFLICTS; CODIFICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City seeks to adopt a conflict of interest and code of ethics that is
compatible with state law (Florida Statutes Chapter 112), and Broward City Code; and
WHEREAS, creating a conflict of interest and code of ethics for the City ensures further
transparency and best practices; and
WHEREAS, the Office of the Inspector General recommends enacting financial ethical
regulations, which the code of ethics proposes to regulate;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding “Whereas” clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Chapter 2, entitled "Administration” be amended as follows:
CHAPTER 2
ADMINISTRATION
* * *
ARTICLE XII. CONFLICT OF INTEREST AND CODE OF ETHICS
Sec. 2-300 - Conflict of Interest and Code of Ethics Ordinance.
(a) Designation. This section shall be designated and known as the "City of Dania Beach
Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to and
constitute a minimum standard of ethical conduct and behavior for all City officials and
officers, autonomous personnel, quasi-judicial personnel, advisory personnel, departmental
personnel and employees.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
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(1) The term "Commissioners" shall refer to the Mayor and the members of the City
Commission as duly constituted from time to time.
(2) The term "autonomous personnel" shall refer to the members of semi-autonomous
agency(ies) that are entrusted with the day-to-day policy setting, operation and
management of certain defined City functions or areas of responsibility, even though the
ultimate responsibility for such functions or areas rests with the City Commission.
(3) The term "quasi-judicial personnel" shall refer to the members of the City’s
Planning & Zoning Board, and the City Commission on certain specific agenda items.
(4) The term "advisory personnel" shall refer to the members of those City advisory
boards, whose sole or primary responsibility is to recommend legislation or give advice
to the City Commission.
(5) The term "departmental personnel" shall refer to the Manager, his or her
department heads, the City Attorney and any Assistant City Attorneys.
(6) The term "employees" shall refer to all other personnel employed by the City.
(7) The term "compensation" shall refer to any money, gift, favor, thing or value or
financial benefit conferred in return for services rendered or to be rendered.
(8) The term "immediate family" shall have the same meaning as “relative” under Fla.
Stat. section 112.312.
(9) The term "contract staff” shall mean any employee and/or principal of an
independent contractor, subcontractor (of any tier), consultant or sub-consultant (of any
tier), designated in a contract with the City as a person who shall be required to comply
with the provisions of this Conflict of Interest and Code of Ethics Ordinance.
(c) Prohibition on gifts and offers on employment to members of competitive selection
committees.
(1) Gifts shall be as defined under Florida Statutes, Chapter 112 and Broward City
Code ($100.00 or more). In addition to any other prohibition contained in this section, any
person, or their immediate family members, appointed to serve on a competitive selection
committee for a procurement shall not accept, solicit, or demand any gift of any value from
any proposer to such procurement. Proposers to a procurement shall not offer, give, or
agree to give any gift of any value or offer future employment to any member of the
competitive selection committee for such procurement or to their immediate family
members.
(2) Any person who has accepted a gift of any value from a proposer to a procurement
in the two years preceding the issuance of the solicitation for such procurement shall not
be appointed to the competitive selection committee for such procurement; and, if
appointed, shall, in addition to any other penalty provided for in this section, be
immediately removed from such competitive selection committee. For purposes of this
subsection, the term "proposer" shall mean any person, firm or corporation that submits a
response or proposal to a solicitation, including any owners, principals, corporate officers,
managers, employees, agents, and lobbyists of such person, firm, or corporation and their
immediate family members.
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(d) Gifts solicited on behalf of the City. The solicitation and acceptance of gifts on behalf of
the City for use solely by the City in conducting its official business is permissible. It is
provided, however, that soliciting and accepting such gifts shall be undertaken or
authorized only by Commissioners, the City Mayor, City Manager, the assistant to the
elected officials or department directors.
(e) Ethical Standards in Procurement.
(1) Employees and Elected Officials. In connection with any matter covered by this
Code, those identified as (b)(1) – (6), and (9), must comply with this and the City’s
Procurement Code.
(2) Vendors. Any vendor who seeks to do business with the City must comply with the
ethical standards stated in this section. Any vendor that violates any of these ethical
standards shall be subject to suspension and debarment as provided in Chapter 18 of the
City’s Procurement Code. They may also face revocation of their contract, and penalties
as provided below at Section (n) through (q).
(3) No vendor shall discuss or consult with any other vendor intending to compete for
the same or a similar City contract for the purpose of bid rigging, collusion, or other
activities that are illegal, unethical, or are intended to or will result in limiting competition.
(4) No vendor may submit any false or intentionally misleading information to the City
in connection with or in response to any procurement.
(5) No vendor may perform any action in connection with any procurement by the City
if such action would violate Section 287.133, Florida Statutes (the Public Entity Crimes
Act), Section 287.134, Florida Statutes (Discriminatory Vendors), Section 287.135,
Florida Statutes (Scrutinized Companies), or Section287.055, Florida Statutes (Consultants
Competitive Negotiation Act).
(6) Any vendor doing business with the City, which services valued over $250,000.00,
in any one year, shall have at least one employee or representative participate in Ethics
training, whether from a private organization, from the City, County or State. Said training
shall be completed within a year of receiving a contract from the City. Failure to complete
the training and providing the City with timely proof of same shall result in termination of
services.
(7) In all procurement for professional services (Request for Qualifications) or any
procurement valued over $250,000 in any one year, shall be required to execute an affidavit
as a response to an ITB, RFQ, RFP, etc., affirming the ethical obligations under subsection
(e)(6), above.
(f) Certain appearances and payment prohibited.
(1) No person included in the terms defined in subsections (b)(1), (5), (6) and (9)
[Commissioners, Board Members departmental personnel, employees and contract staff]
shall appear before any City Commission or agency and make a presentation on behalf of
a third person with respect to any license, contract, certificate, ruling, decision, opinion,
rate schedule, franchise, or other benefit sought by the third person. Nor shall such person
receive compensation, directly or indirectly or in any form, for services rendered to a third
person, who has applied for or is seeking some benefit from the City or a City agency, in
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connection with the particular benefit sought by the third person. Nor shall such person
appear in any court or before any administrative tribunal as counsel or legal advisor to a
party who seeks legal relief from the City or a City agency through the suit in question.
(2) No person included in the terms defined in subsections (b)(2), (3) and (4)
[autonomous personnel, quasi-judicial personnel, and advisory personnel] shall appear
before the City Commission or agency on which he or she serves, either directly or through
an associate, and make a presentation on behalf of a third person with respect to any license,
contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit
sought by the third person. Nor shall such person receive compensation, directly or
indirectly or in any form, for services rendered to a third party, who has applied for or is
seeking some benefit from the City Commission or agency on which such person serves,
in connection with the particular benefit by the third party. Nor shall such person appear in
any court or before any administrative tribunal as counsel or legal advisor to a third party
who seeks legal relief from the City Commission or agency on which such person serves
through the suit in question.
(3) The City may authorize waivers of subsection (f) for professional services
contracted for by architects, engineers, and lawyers due to public policy or public
procurement needs.
(g) Recommending professional services. No person included in the terms defined in
subsections (b)(1) through (6) may recommend the services of any lawyer or law firm,
architect or architectural firm, public relations firm, or any other person or firm,
professional or otherwise, to assist in any transaction involving the City or any of its
agencies, provided that such recommendation may properly be made when required to be
made by the duties of office and in advance at a public meeting attended by other City
officials, officers or employees.
(h) City Attorney to render opinions on request. Whenever any person included in the terms
defined in subsection (b)(1) through (6), (b)(8) and (b)(9) is in doubt as to the proper
interpretation or application of this Conflict of Interest and Code of Ethics Ordinance as to
himself or herself, or whenever any person who renders services to the City is in doubt as
to the applicability of the said ordinance as to himself or herself, he or she may submit to
the City Attorney a full written statement of the facts and questions he or she has. The City
Attorney shall then render an opinion to such person and shall publish these opinions
without use of the name of the person advised unless such person requests the use of his or
her name. Any person included in the term defined in subsection (b)(1) (i.e., Mayor or
Commissioner) who is employed or retained by an entity that receives City funds or is
under contract with the City shall, within sixty (60) days after (a) being retained or
employed by the entity, or (b) becoming aware of the entity's receipt of City funds or of
the entity's contract with the City, whichever is later, seek an opinion from the City
Attorney regarding the applicability of the Conflict of Interest and Code of Ethics
Ordinance. Any person included in the term defined in subsection (b)(1) who is employed
or retained by an entity that receives City funds or is under contract with the City and has
received an opinion from the City Attorney prior to the effective date of this ordinance
regarding the applicability of the Conflict of Interest and Code of Ethics Ordinance to
himself or herself shall not be required to seek another opinion from the City Attorney.
5 ORDINANCE #2026-022
(j) Voting Conflicts. Members of Advisory Board and Quasi-Judicial City Commission
actions. No person included in the terms defined in subsections (b)(3) (quasi-judicial
personnel) and (b)(4) (advisory personnel) shall vote on any matter presented to an
advisory board or quasi-judicial City Commission action on which the person sits if the
will be directly affected by the action of the advisory board, or quasi-judicial decision of
the City Commission on which the member serves, and the member has any of the
following relationships with any of the persons or entities appearing before the City
Commission: (i) officer, director, partner, of counsel, consultant, employee, fiduciary or
beneficiary; or (ii) stockholder, bondholder, debtor or creditor.
(k) Any person with a voting conflict under this Code or pursuant to Fla. Stat. Section
112.3143, entitled “Voting Conflicts” shall disclose the conflict during the meeting and
leave the room during deliberations and voting. He or she shall return upon the conclusion
of the item.
(l) Prohibition on acceptance of travel expenses from City vendors. Notwithstanding any other
provision of this section, no person included in subsections (b)(1)(Mayor and
Commissioners), (b)(5)(departmental personnel) or (b)(6) (employees) shall accept,
directly or indirectly, any travel expenses including, but not limited to, transportation,
lodging, meals, registration fees and incidentals from any City contractor, vendor, service
provider, bidder or proposer.
(m) Prohibition on participation in settlement negotiations. Neither the Mayor, a City
Commissioner nor any member of their staff shall participate in settlement negotiations of
claims or lawsuits, including but not limited to contract scope or compensation adjustments
involving the City without prior approval of the City Commission.
(n) Remedies Prior to an Award of Contract or Procurement. If it is determined prior to award
that a solicitation or proposed award of a contract is in violation of law, this Code, or the
City’s Procurement Policy, the solicitation or proposed award shall be canceled or revised
to comply with the applicable law, Code or Procurement Policy. The City staff receiving
this information of a violation shall share same with the Procurement Department and City
Manager. Any investigation shall be as provided under the City’s Procurement Policy.
Once a determination is made by the Manager the procurement shall be canceled or revised.
(o) Remedies After an Improper Contract/Procurement Award. The City staff receiving this
information of a violation shall share same with the Procurement Department and City
Manager. Any investigation shall be as provided under the City’s Procurement Policy,
which may provide for a hearing before the City Manager, or his/her designee. If it is
determined that an award of a solicitation was made in violation of law, this Code, or the
City’s Procurement Policy, then:
(1) If the vendor awarded the contract has not acted fraudulently or in bad faith, as
determined by the Procurement Division:
The contract may be ratified and affirmed by the City Commission or City
Manager, as may be applicable; or
may be applicable, in a manner designed to eliminate or minimize any damages to
the vendor.
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(2) If the vendor awarded the contract has acted fraudulently or in bad faith, as determined
by the City Manager under the City’s Procurement Policy:
The contract may be terminated by the City Commission, or City Manager, as may
be applicable; or
The contract may be ratified and affirmed by the City Commission or City
Manager, as may be applicable, if the City Manager, in consultation with the
Procurement Department, determines that such action is in the best interest of the
City without prejudice to the City's right to seek damages or other relief as the City
deems appropriate.
(p) No Responsibility for Unauthorized Purchasing. The City may disclaim responsibility and
liability for any expenditure or contract arising from a solicitation or purchase made in the
name of the City or any City Agency, by any person who lacks the authority to make such
expenditure or contract under the provisions of this Code or applicable law. If the
expenditure or contract is disclaimed, the liability and expense of such disclaimed
expenditure or contract shall be the personal obligation of the individual who acted without
authority.
(q) Provisions for violations. Any person who knowingly violates any provision of this article
shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00).
Where applicable, violation of this article shall constitute grounds for dismissal or removal
from office. The City Commission is empowered to adopt procedures by which any such
officials of the City found in violation of this article shall be removed from office.
(r) Construction. The construction of this Article shall be considered as supplemental to and
not in substitution of any requirements of Chapter 112, Florida Statutes, or any rules and
regulations promulgated thereunder.
* * *
Section 3. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 4. It is the intention of the Mayor and City Commission of the City of Dania
Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed
to "section," "article," or other appropriate word.
Section 5. That this Ordinance shall be effective 10 days after passage on second
reading.
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PASSED on first reading on April 14, 2026.
PASSED AND ADOPTED on second reading on April 28, 2026.
First Reading:
Motion by: Commissioner Ryan
Second by: Commissioner Lewellen
Second Reading:
Motion by: Vice Mayor Salvino
Second by: Commissioner Lewellen.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY