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LTC 443-2017 Misuse of Public Employment Bribery, Unlawful Compensation Reward, and Official Misconduct ProcedureMl Ml OFFICE OF THE CITY MANAGER NO. L TC # 443-2017 LETTER TO COMMISSION TO: Mayor Philip Levine and Member of the Ci~ Commission FROM: Jimmy L. Morales, City Managen----.. DATE: August 25, 2017 SUBJECT: Misuse of Public Employment: Bri ery, Unlawful Compensation/Reward, and Official Misconduct Procedure The purpose of this Letter to Commission is to provide information regarding the implementation of a Bribery, Unlawful Compensation/Reward, and Official Misconduct procedure for all employees reporting to the Cily Manager. The City recognizes that there may be instances when a bribe or unlawful compensation/reward is offered to a city employee. As such, employees are required to promptly report any bribe, unlawful compensation/reward, or official misconduct in the workplace to the Public Safety Communications Unit. To obtain specific details regarding this procedure, hJ:mllimiamibeach.sharepoint.co111/Pa9fil1-citywideProcedures.aspx1 City's intranet. please visit located on the It is my intent to continue to promote the highest ethical standard for all Miami Beach employees. Please let me know. if you have any questions. Attachment C: Executive Staff tV\IA./v\IBEACH DATE ISSUED: Page: 1 SEQUENCE AUGUST 2017 Of: 5 NUMBER: DATE UPDATED: CM.02.01 CITYWIDE PROCEDURE SUBJECT: MISUSE OF PUBLIC EMPLOYMENT: BRIBERY, UNLAWFUL COMPENSATION I REWARD, AND OFFICIAL MISCONDUCT RESPONSIBLE DEPARTMENT: CITY MANAGER'S OFFICE PURPOSE: It is the intent of the City of Miami Beach to promote the highest ethical standard for all public servants. As stipulated in Section 2-449 of the Miami Beach Code, the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance and the Florida Statutes (838.015 Bribery, 838.016 Unlawful compensation or reward for official behavior, and 838.022 Official misconduct), the minimum standards of ethical conduct and behavior are established for municipal employees (public servants) in reference to these crimes. A public servant means any officer or employee of a governmental entity, including any executive, legislative, or judicial branch officer or employee. The City of Miami Beach recognizes bribery, unlawful compensation/reward for official behavior, and official misconduct has no place in the workplace. Proper reporting of these offenses is mandatory. The failure of an employee to report one of these offenses could result in disciplinary action. DEFINITIONS: What is a Bribe* and/or unlawful compensation or reward for official behavior? Pursuant to Florida Statute 838.015, bribery means to knowingly and intentionally give, offer, or promise to any public servant, or, if a public servant, to knowingly and intentionally request, solicit, accept, or agree to accept for himself or herself or another, any pecuniary or other benefit not authorized by law with an intent or purpose to influence the performance of any act or omission which the person believes to be, or the public servant represents as being, within the official discretion of a public servant in violation of a public duty, or in performance of a public duty. Pursuant to Florida Statute 838.016, unlawful compensation or reward for official behavior means to knowingly and intentionally give, offer, or promise to any public servant, or, if a public servant, to knowingly and intentionally request, solicit, accept or agree to accept, any pecuniary or other benefit not authorized by law, for the past, present, or future performance, nonperformance, or violation of any act or omission or future exertion of any Influence upon or with any other public servant, which the person believes to have been, or the public servant represents as having been, either within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty. Discounts offered to all city employees posted on the Intranet are permissible. /v\ I A/\/~I BEACH DATE ISSUED: Page:2 SEQUENCE AUGUST 2017 Of: 5 NUMBER: DATE UPDATED: CM.02.01 CITYWIDE PROCEDURE SUBJECT: MISUSE OF PUBLIC EMPLOYMENT: BRIBERY, UNLAWFUL COMPENSATION I REWARD, AND OFFICIAL MISCONDUCT RESPONSIBLE DEPARTMENT: CITY MANAGER'S OFFICE Some examples of bribery and/or unlawful compensation or reward for official behavior include: • In mid-December, a building contractor meets with a City building inspector and offers the City building inspector a $100 Holiday bonus for timely building inspections of his property and a cooperative attitude from the City building inspector in pointing out any needed corrections. • After noticing a small violation, a City fire inspector tells the condo owner that he can forget about the violation if he had a nice dinner somewhere like the one the $50 restaurant gift card sitting on the condo owner's coffee table could buy. *It is important to note that an item of value does not have to exchange hands for the crime to have been committed. The mere offer or solicitation of the bribe or gratuity is a criminal activity. • A company executive of a development project tells an employee that he will make the employee an equity partner in the project if. she can persuade the land use/zoning department and City Commission to approve the project. • After stopping a car for speeding, a police officer tells the driver that if she agrees to go out for a drink with him, he will overlook the situation and not write her a citation. The driver refuses and tells the Officer to write the citation. • A taxpayer takes a City auditor out to dinner or gives the auditor money during the holidays to thank the auditor for his/her work. • A vendor gives a City employee a personal discount on the purchase of supplies after the employee purchases items for use at City-owned properties and facilities. • An Inspector who inspected a particular landlord's buildings receives from the landlord the free use of an unoccupied apartment. tv\IAN\IBEACH DATE ISSUED: Page:3 SEQUENCE AUGUST 2017 Of: 5 NUMBER: DATE UPDATED: CM.02.01 CITYWIDE PROCEDURE SUBJECT: MISUSE OF PUBLIC EMPLOYMENT: BRIBERY, UNLAWFUL COMPENSATION I REWARD, AND OFFICIAL MISCONDUCT RESPONSIBLE DEPARTMENT: CITY MANAGER'S OFFICE What is Official Misconduct? Pursuant to Florida Statute 838.022, official misconduct means to knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another by falsifying or causing another person to falsify any official record or official document. It includes the concealing, covering up, destroying, mutilating, or altering any official record of official document except as authorized by law or contract or causing another person to perform such an act. Obstructing, delaying, or preventing the communication of information relating to the commission of a felony that directly involve or affects the government entity serve by the public servant or public contractor. An example of official misconduct includes: • A City employee signed in on a computerized time sheet for another City employee who was running about an hour late to work that day, so that the City employee running late wouldn't lose an hour's worth of pay. PROCEDURES FOR REPORTING BRIBERY, UNLAWFUL COMPENSATION I REWARD, AND OFFICIAL MISCONDUCT: The City recognizes that there may be instances when a bribe or unlawful compensation/reward is offered to a city employee. As a City employee, you are mandated by this procedure to report any bribe, unlawful compensation I reward, or official misconduct in the workplace. You are subject to disciplinary action, including dismissal, for failing to follow this procedure and promptly report any misuse of public employment. Prompt reporting is necessary to protect yourself, your fellow employees and the City and to ensure an environment of honor and integrity in our collective workplace. Promptly reporting an instance of bribery, unlawful compensation or official misconduct is also very important to protect your personal and professional reputation. In addition, if a city employee fails to report the corrupt behavior, the person making the offer may continue to make such offers to other employees in the future. Additionally, the person making the corrupt offer may already be under investigation or may be taking part in an undercover operation. Each of us should take the responsibility to protect our colleague employees from those who would corrupt the City's workplace and contribute to hazardous conditions that ultimately have a negative effect on us all. tv\IAN,JB H DATE ISSUED: Page:4 SEQUENCE AUGUST 2017 Of: 5 NUMBER: DATE UPDATED: CM.02.01 CITYWIDE PROCEDURE SUBJECT: MISUSE OF PUBLIC EMPLOYMENT: BRIBERY, UNLAWFUL COMPENSATION I REWARD, AND OFFICIAL MISCONDUCT RESPONSIBLE DEPARTMENT: CITY MANAGER'S OFFICE If you suspect that anyone has offered you or any other city employee a bribe or unlawful compensation I reward, or engaged in official misconduct or any other apparently corrupt act in the workplace or that a City employee initiated a bribe or unlawful compensation reward, or engaged in official misconduct, you MUST do the following: 1. Immediately notify the Public Safety Communications Unit at 305-673-7900 (accessible 24 hours a day) and request to speak with the Police Command Staff Duty Officer. The caller must identify himself/herself as a City employee and provide a callback number. He or she is not required to provide a name or purpose for the call to anyone other than the Police Command Staff Duty Officer; Note: The Command Staff Duty Officer is a senior member of the Police Department in the rank of captain or higher who will treat your call with the utmost confidentiality and discretion. He or she will determine the best manner in which to handle the investigation of the suspected bribe or other potentially corrupt behavior in consultation with the Human Resources Director and the City Manager. 2. Be guided by the instructions of the Police Command Staff Duty Officer as to the next steps; and 3. Do not discuss the matter with anyone other than the Police Command Staff Duty Officer or Human Resources Director until instructed by one of these individuals to do so or do otherwise. Some things to remember when reporting a bribe offer, unlawful compensation/reward or official misconduct or other suspected corrupt behavior: • It is the Command Staff Duty Officer's job to evaluate the information. You need not become an investigator. The sooner the Command Staff Duty Officer is told of an allegation, the better. Delays in reporting can hinder an investigation. • The Command Staff Duty Officer will ensure that the City initiates an appropriate, discreet, confidential and independent investigation based on your report and will ensure that criminal and/or administrative action is taken against the offenders, where appropriate. f\Al~t\r; ' f..-1 DATE ISSUED: Page:5 SEQUENCE ' J '-; I I ~ \ 1 ! ; I AUGUST 2017 Of: 5 NUMBER: DATE UPDATED: CM.02.01 CITYWIDE PROCEDURE SUBJECT: MISUSE OF PUBLIC EMPLOYMENT: BRIBERY, UNLAWFUL COMPENSATION I REWARD, AND OFFICIAL MISCONDUCT RESPONSIBLE DEPARTMENT: CITY MANAGER'S OFFICE Non-compliance Violation of this procedure may result in disciplinary action based on progressive discipline in accordance with the provisions of the applicable collective bargaining agreement and/or the City's Personnel Rules. Reviewed by: Approved by City Manag