Sec. 602.413. - Additional disclosure requirements for council members, and their spouse or children, employed by nonprofit organizations receiving funding from City.

Pursuant to Section 118.107 , Ordinance Code, all nonprofit organizations receiving funds appropriated by the City pursuant to Chapter 118 (City Grants) or Chapter 126 (Procurement Code) shall be subject to a competitive evaluated award process. A "competitive evaluated award process" means that funding shall be competitively procured under the procedures set forth in Parts 6 or 8, Chapter 118 , or Part 3, Chapter 126 , Ordinance Code, via an evaluated bid process as outlined therein. In addition to the requirements of Sections 126.110 (Public official bid and contract disclosure and prohibition) and 602.406 (Public official bid and contract disclosure), Ordinance Code, in the event that a council member, and their spouse or children, is employed by a nonprofit organization, the council member shall complete and provide on or before the award application or solicitation deadline submission date the following supplemental information to the Office of Ethics, Compliance and Oversight: (1) A copy of the nonprofit organization's most recent annual audit; (2) A copy of the nonprofit organization's most current IRS 990 or 990EZ form; (3) Provide evidence that the council member, or their spouse or child, is employed by the nonprofit organization, defined herein as a registered tax-exempt organization under 501(c) of the Internal Revenue Code, and a narrative explanation of the duties and services that the council member provides for the nonprofit organization; and (4) An affidavit executed and completed by the council member, or their spouse or child, that attests to the following: that a. The council member, or their spouse or child, is an employee of the nonprofit applying for funding and their employment position; b. The nonprofit applying for funding is a 501(c) entity under the Internal Revenue Code; c. The council member, or their spouse or child, is/is not an officer, director, or board member of the nonprofit applying for funding; d. The council member, or their spouse or child, will not receive any direct or additional financial gain from the City's funding of the nonprofit (in addition to their ordinary salary or compensation as an employee of the nonprofit); e. The council member has not in any way participated directly or indirectly or been personally involved in the City's decision to fund the nonprofit, and will continue to not participate or be personally involved in the funding for the nonprofit. Participating or being personally involved includes, but is not limited to, participating in discussions at any City meetings or communicating with officers or employees of the funding agency; f. To the council member's knowledge, no funding received by the nonprofit organization from the City will go to a nonprofit to which the council member has a majority or controlling interest; and g. The council member did not disclose or use any confidential City information in the nonprofits' application for City funding of the nonprofit organization. This Section shall also apply to applications and grants subject to Chapter 117 (Grants), Ordinance Code, so that if a council member, or their spouse or children, is employed by a nonprofit organization that is seeking a grant award or making a joint application with the City pursuant to Chapter 117 , the council member shall complete the affidavit above and provide to the Office of Ethics, Compliance and Oversight on or before the application deadline submission date as designated by the appropriate City department, board or commission. The affidavit form shall be prepared by the Office of Ethics, Compliance and Oversight in conjunction with the Office of General Counsel. The affidavit form shall be provided and maintained by the Office of Ethics, Compliance and Oversight. The supplemental disclosure information provided pursuant to this Section will be maintained as a public record and available to the public for viewing consistent with F.S. Ch. 119. The disclosure requirements created herein do not negate the obligation of a council member to determine whether a conflict of interest exists in any individual circumstance under F.S. Ch. 112, and Chapter 602, Ordinance Code, and to vet that potential conflict with the Office of Ethics, Compliance and Oversight or the Office of General Counsel. (Ord. 2021-761-E , § 1; Ord. 2022-450-E , § 2)