§ 2-624. Additional penalties.

(a)

Liability for breach of public trust-restitution. Article II, Section 8(c) of the Constitution of the State of Florida applies to all officers and employees of the city. Section 8(c) states the following:

Any public officer or employee who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the state for all financial benefits obtained by such actions. The manner of recovery and additional damages may be provided by law.

Any officer or employee of the city who breaches the public trust for private gain and any person or entity inducing such breach shall be liable to the city for all financial benefits obtained by such actions.

(b)

Penalties for bidders or proposers. In addition to any other penalties provided herein, violation of this code by a particular bidder or proposer may render any contract, request for proposal (RFP) award, request for qualification (RFQ) award, bid award or any other procurement proposal award to said bidder or proposer viodable. Any person who violates a provision of this ordinance shall be prohibited from serving on a City of West Palm Beach competitive selection committee.

(c)

Voiding transactions in violation of chapter; recovery by city. The mayor may declare void and rescind any contract, loan, grant, subsidy, license, right, permit, franchise, use, authority, privilege, certificate, ruling, decision, opinion or other benefit that has been awarded, granted, paid, furnished or published, in relation to which there has been a final determination of any violation of this chapter. The city shall be entitled to recover, in addition to any penalty prescribed by law or in a contract, the amount expended or the thing being transferred or delivered on its behalf, or the reasonable value thereof.

(d)

Prohibition against misuse and frivolous claims. Individuals covered by this code shall not use its provisions to further frivolous claims against another. Frivolous claims shall be those forwarded with knowledge that the claim contains one or more false allegations or with reckless disregard for whether the complaint contains false allegations of fact material to a violation of this code.

(e)

Forfeiture of pension rights. Florida Statutes § 112.3173, applies to all officers and employees of the city and independent agencies. Florida Statutes § 112.3173(3) states the following:

FORFEITURE.—Any public officer or employee who is convicted of a specified offense committed prior to retirement, or whose office or employment is terminated by reason of his or her admitted commission, aid, or abetment of a specified offense, shall forfeit all rights and benefits under any public retirement system of which he or she is a member, except for the return of his or her accumulated contributions as of the date of termination.

Florida Statutes § 112.3173(2)(e) defines specified offense as follows:

The committing, aiding or abetting of an embezzlement of public funds; the committing, aiding or abetting of any theft by a public officer or employee from his or her employer; bribery in connection with the employment of a public officer or employee; any felony specified in Ch. 838, except section 838.15 and section 838.16; the committing of an impeachable offense; or the committing of any felony by a public officer or employee who, willfully and with intent to defraud the public or the public agency for which the public officer or employee acts or in which he or she is employed of the right to receive the faithful performance of his or her duty as a public officer or employee, realizes or obtains a profit, gain, or advance for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his or her public office or employment position.

(Ord. No. 4023-07, § 1, 8-13-2007)