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.
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' 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