HILLSBOROUGH AREA REGIONAL TRANSIT AUTHORITY POLICY MANUAL EMPLOYEE ETHICS AND CONFLICT OF INTERESTS

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1 EMPLOYEE ETHICS AND CONFLICT OF INTERESTS (1) Policy Statement (a) As a public agency, HART requires that all employees be law-abiding, honest and trustworthy. HART will accept nothing less than the highest standards of ethical conduct from its employees, consistent with the code of ethics of the State of Florida (Chapter 112, Florida Statutes) and the advisory opinions rendered in respect thereto. (b) HART prohibits employees from having direct or indirect interest, financial or otherwise, or to engage in any business transaction or professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of their public duties. These policies are intended to provide overall guidance. (2) Requirements (a) Political Activity. Employees who intend to seek election to and hold public office shall notify the Executive Director of their intentions. If the Executive Director determines that the employee s candidacy will interfere with the full discharge of the employee s duties or that the employee s holding public office will interfere with the full discharge of the employee s duties, said employee will be granted a leave of absence without the loss of position for the term of the office, unless the Executive Director makes a specific determination that granting such a leave would impose an undue hardship on HART. (b) Conflicting Outside Interests. Employees may not engage in any outside business or employment activity, or have any financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of their official duties, would tend to

2 impair independence of judgment or action in the performance of their duties, or would interfere with the safe and proper performance of job responsibilities at HART, or otherwise violate the standard of conduct for public employees identified under Florida Statutes (c) Disclosure Questionnaires and Statements. All HART employees involved with financial or procurement recommendations and/or decisions of HART are required to complete HART s form: Board Member/ Employee Disclosure Questionnaire and Statement, as well as any form required by State law, such as the Florida Commission on Ethics Form I (Statement of Financial Interests). HART s Board Member/Employee Disclosure Questionnaire and Statement shall be submitted to the Human Resources Department, and the Florida Commission on Ethics Form I which is submitted to the Supervisor of Elections. Any relationship held by such employees that could be considered a potential conflict shall be disclosed as part of HART s Disclosure Questionnaire and Statement, including but not limited to, second jobs, ownership of a business or rental properties, and/or having a business or financial interest in any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, trust, self-employment, or doing business in Florida. (d) Questionnaire Updates. Each employee required to fill out said HART Disclosure Questionnaire and Statement shall also complete a new Board Member/Employee Disclosure Questionnaire and Statement and return it to the Human Resources Manager if there is a change in an employee s potential or actual conflict of interest status any time during the course of their employment. Failure to do so within 45 days of any change constitutes a violation of this policy.

3 (e) Soliciting or Accepting Gifts: (i) Pursuant to Section (2), Florida Statutes, no HART employee shall solicit anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, when they know, or with the exercise of reasonable care should know, that it is given to influence a vote or other official action. (ii) Gift for purposes of this rule includes any gratuity, benefit or any other thing of value which is paid or given, directly or indirectly to an employee and for which equal or greater consideration is not given, including: Real property, tangible and intangible property and the use of any property; a preferential rate or terms on a debt, loan, goods or services; transportation, lodging or parking; food or beverage, other than consumed at a single sitting or event; (iii) Gift for purposes of this rule does not include: salary, expenses and other employment payments; awards plaques or similar items given in recognition of service; food or beverage consumed at a single sitting or event; items or personal favors obviously granted as a result of family or personal relationships; the value of a function which the employee s duties and responsibilities require the employee to attend; or participation in trade or professional association activities on behalf of and/or properly approved by HART.

4 (iv) Occasions will arise when employees will be offered a meal or drink. In such cases, employees are expected to make reasonable efforts to pay for their own food or drink. When faced with such a predicament, employees should act in a manner least embarrassing to all present, while taking precautions to avoid repeating the incident. Where possible the employee should reimburse the individual later. Repeated incidents shall constitute a punishable violation. (v) It may be appropriate for certain employees to attend sponsored social functions held for a broad spectrum of community groups. However, in deciding to attend such functions, employees should be careful to avoid any appearance of impropriety. (vi) If an employee accepts anything of value which he or she knows or reasonably believes to have a value in excess of$100.00, as stated in F.S (4) or other applicable statute as amended, and may be construed to be a gift under these rules, then he or she shall file a report, in writing, within five (5) working days to the Compliance Officer. In no case may any employee accept any gift or anything of value based upon an understanding that his or her acts or judgment as a HART employee will be influenced thereby. Certain employees may also be required to file a Florida Commission on Ethics Form 9 (Quarterly Gift Disclosure) in accordance with FS (4).

5 (f) Revolving Door Policy No employee, for a period of two (2) years after leaving HART s employment, shall do business with HART. (g) Nepotism HART s employees shall comply with Chapter 112 Section 3135 of the Florida Statutes, and all applicable interpretations thereunder, including the following: (i) A public official may not appoint, employ, promote, or advance or advocate for appointment, employment, promotion or advancement, in or to a position in the agency in which he/she is serving or over which he/she exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advance in or to a position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual, or if such appointment, employment, promotion, or advancement is made by a collegial body of which a relative of the individual is a member (ii) Public Officials, as defined by the law, include any HART employee who has been given the authority, to appoint, employ, promote, or advance individuals or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment at HART.

6 (iii) As designated by the law, a relative of a public official is an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother or half-sister. (h) Procurement Activities During the time that HART is in the process of soliciting bids for goods or services, the procurement documents normally require interested parties to seek information solely from one designated person. No employee shall engage in communications with bidders or potential bidders outside of that process on the subject of a pending procurement. (i) Consultation Any employee who believes that they may possibly be facing a conflict of interest in the performance of their duties should make an appointment and discuss the matter with the Human Resources Manager. Failure to make such a disclosure may be considered evidence of a willful violation. Specific Authority: (1)(b); (2)(k) F.S. Law Implemented: Chapter 112, F.S.; ; (2); ; (12); (2)(k), F.S. EFFECTIVE DATE FOR REVISION: 1/10/05