Unauthorized purchases, ethical conduct, sanctions.
Sarasota Code § 2-362
in effectSec. 2-362. - Unauthorized purchases, ethical conduct, sanctions.
(a)
Prohibition. Except as provided in this division, it shall be a violation of this division for any city officer, employee, or other person, to knowingly and willingly order the purchase of any goods, or make any contract for goods or services, sell, trade, or dispose of material within the purview of this division in the name of or on behalf of the city, except as provided by policies of the commission and any administrative procurement procedures promulgated by the city manager, and the city shall not be bound by any purchase order or contract made contrary to this division.
(b)
Employee conflict of interest. It shall be unethical for any city employee to participate directly or indirectly in a procurement contract when the city employee knows that:
(1)
The city employee or any member of the city employee's immediate family has a financial interest pertaining to the procurement process or contract; or
(2)
Any other person, business, or organization with whom the city employee or any member of a city employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement process or contract.
(3)
A city employee or any member of a city employee's immediate family who holds a financial interest in a disclosed blinded trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest.
(c)
Gratuities and kickbacks.
(1)
Gratuities. It shall be unethical for any person to offer, give, or agree to give any city employee or former city employee, or for any city employee or former city employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor.
(2)
Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.
(d)
Ethical conduct and sanctions. In addition to any sanctions provided for in the city's personnel policies, or sections of this division, any city employee who violates any provision of this section, or any statute concerning ethical conduct in procurement may, when found by the city manager to have committed such violation, be required to forfeit all or any part of any accrued leave balances he or she may otherwise have as of the date the violation is confirmed. In determining whether such forfeiture shall be required, the city manager shall consider the nature and severity of the offense, the relative financial or legal harm to the city, the employee's prior disciplinary record, and whether the employee was in a managerial or special trust position.
(e)
Prohibition against contingency fees. It shall be unethical for a person to be retained, or to retain a person, to solicit or secure a city contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business.
(f)
Contemporaneous employment prohibited. It shall be unethical for any city employee who is participating directly or indirectly in the procurement process to become or to be, while such a city employee, the employee of any person contracting with the city.
(g)
Waivers from contemporaneous employment prohibition and other conflicts of interest. The city commission may grant a waiver from the employee conflict of interest provision, as provided for in subsection (b) of this section (employee conflict of interest), or the contemporaneous employment provision, as provided for in subsection (f) of this section (contemporaneous employment prohibited), upon making a written determination that:
(1)
The contemporaneous employment or financial interest of the city employee has been publicly disclosed;
(2)
The city employee will be able to perform its procurement functions without actual or apparent bias or favoritism; and
(3)
The award will be in the best interests of the city.
(Ord. No. 26-5588, § 2, 3-2-26)
Source: City of Sarasota, Florida, Code of Ordinances and Zoning Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/sarasota/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTVIFIPUSA_DIV3PRCO_S2-362UNPUETCOSAFetched: 11/14/2026