City Employees Doing Business with the City (GA-34, Rev. 1)
City of ADMINISTRATIVE SUBJECT: GENERAL ADMINISTRATION
POLICIES AND PROCEDURES City Employees Doing Business with
Delray MANUAL the City
NUMBER REVISIONS EFFECTIVE DATE: PAGE
Beach GA-34 1 February 23, 2000 1 of 2
SUPERCEDES APPROVED BY:
~ GA-34, Rev 0, ~ ~:-n\ 1
Effective: . 0~' J::JtL' ~
10-27-89 DAVID T. HARDEN, City Manager
GA-34.0 Purpose:
The purpose of this policy is to establish uniform procedures for employees that work for the City and have a
vested interest with a company or agency doing business with the City.
GA-34.1 Policv:
No employee of the City acting in his official capacity as a purchasing agent shall either directly or indirectly
purchase, rent, or lease any realty, goods, or services for the City from any business entity of which he or his
spouse or child is an officer, partner, director or proprietor or in which such employee or his spouse or child or
any combination of them, has a material interest. Nor shall an employee, acting in a private capacity, rent, lease,
or sell any realty, goods, or services to the City if he is serving as an employee of the City.
No employee of the City shall have any employment or contractual relationship with any business entity or any
agency which is subject to the regulation of, or is doing business with, the City excluding those organizations and
their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining agreement
with the City. Nor shall an employee of the City have any employment or contractual relationship that will create
a continuing or frequently recurring conflict between his private interests and the performance of his public duties
or that would impede the full and faithful discharge of his public duties.
However, no person shall be held in violation of this policy if, as provided in Florida Statutes Section 112.313(12):
(a) Within the City the business is transacted under a rotation system whereby the business transactions are
rotated among all qualified suppliers of the goods or services within the City.
(b) The business is awarded under a system of sealed, competitive bidding to the lowest or best bidder and:
1. The employee or his spouse or child has in no way participated in the determination of the bid
specifications or the determination of the lowest or best bidder;
2. The employee or his spouse or child has in no way used or attempted to use his influence to persuade
the agency or any personnel thereof to enter such a contract other than by the mere submission of the
bid; and
3. The employee, prior to or at the time of the submission of the bid, has filed a statement with the
Supervisor of Elections for Palm Beach County disclosing his business interest or the interest of his
spouse or child, and the nature of the intended business.
(c) The purchase or sale is for legal advertising in the newspaper, for any utility service, or for passage on a
common carrier.
(d) An emergency purchase or contract which would otherwise violate a provision of the statutes or this policy
must be made in order to protect the health, safety, or welfare of the citizens of the City.
(e) The business entity involved is the only source of supply within the City, and there is full disclosure by the
employee of his interest in the business entity to the governing body of the City prior to the purchase, rental,
sale, leasing or other business being transacted.
PAGE:
GENERAL ADMINISTRATION
City Employees Doing Business with the City
Two
SUBJECT:
(f) The total amount of the transactions in the aggregate between the business entity and the City does not
exceed five hundred dollars ($500.00) per calendar year.
(g) The fact that a City employee is a stockholder, officer or director of a bank will not bar such bank from
qualifying as a depository of funds coming under the jurisdiction of the City, provided it appears in the
records of the City that the governing body of the City has determined that such employee has not favored
such bank over other qualified banks.
All City employees who have any financial interest in any business entity, transactions, or contracts pending with
the City; or in the sale of real estate, materials, supplies or services to the City must make such interests known
to the City Manager in writing. The City Manager through the City Attorney shall decide if the appearance of a
conflict of interest exists.