Purchasing Directors’ Meeting
August 19, 2004
Purchasing Directors’ Meeting
August 19, 2004 Agenda
• Welcome / Meeting Overview
• RESPECT Update
• Hurricane Charley Volunteers
• Training and Certification Program – Pilot Class Recognition
• Operations / State Term Contract Update
• Ethics in Florida Government
• Center for Efficient Government
• Next Meeting Location / Time
2
Purchasing Directors’ Meeting
August 19, 2004 Agenda
• Welcome / Meeting Overview
• RESPECT Update
• Hurricane Charley Volunteers
• Training and Certification Program – Pilot Class Recognition
• Operations / State Term Contract Update
• Ethics in Florida Government
• Center for Efficient Government
• Next Meeting Location / Time
3
RESPECT Update
• New three-year contract to act as Central Nonprofit
Agency (CNA) pursuant to section 413.031 et seq.
• Contract includes new performance measures
• RESPECT has circulated request to inventory past and
projected business
• Contact:
Randy Borges (rborges@respectofflorida.org)
David Mikowski (dmikowski@floridaarf.org)
(850) 877-4816
4
Purchasing Directors’ Meeting
August 19, 2004 Agenda
• Welcome / Meeting Overview
• RESPECT Update
• Hurricane Charley Volunteers
• Training and Certification Program – Pilot Class Recognition
• Operations / State Term Contract Update
• Ethics in Florida Government
• Center for Efficient Government
• Next Meeting Location / Time
5
Hurricane Charley
Thanks to Those Who’ve Been Helping….
David Callaway – DOT
Diane Harper – DEP
Nancy Harrison – FDLE
Bob Haskins - DCF
Sandy Holm - DCF
John Kineer – DOR
Tammie Kuhn – DOH
Carolyn Love - DCF
Mark Lovell – DMS
Bruce Lynn – HSMV
Tammie Mercier – FWC
Bob Notman - DOR
Gwen Parker – DOE
Janice Pursley - DEP
Cyndee Sams – DMS
David Shufflebotham – HSMV
Beth Sparkman – DOR
Bill Spencer - DACS
Dick Stafford – HSMV
Diana Trahan - DOC
Stacy Wofford – HSMV
6
Purchasing Directors’ Meeting
August 19, 2004 Agenda
• Welcome / Meeting Overview
• RESPECT Update
• Hurricane Charley Volunteers
• Training and Certification Program – Pilot Class Recognition
• Operations / State Term Contract Update
• Ethics in Florida Government
• Center for Efficient Government
• Next Meeting Location / Time
7
EOG IG Audit Report June 03
Roadmap to Excellence in Contracting
• “The lack of centralized statewide direction in the
procurement area has led to inconsistent and deficient
contracting practices both among and within agencies. …
We recommend that DMS accept the mantle of leadership
bestowed by Florida Statute.”
• “There is no statewide system to train or certify agency
contracting personnel, nor are there incentives to
encourage professional development. … We recommend
a statewide training initiative led by DMS be undertaken
using the foundation developed in some agencies. In
addition, we recommend incentives to encourage
professionalism and certification for contract
administrators, negotiators, monitors, and managers.”
8
State Purchasing’s Response
Training and Certification Program
•
DMS polled agencies and national resources for best practices in training of
procurement professionals
•
DMS developed and conducted first series of eight seminars
•
•
•
•
•
•
•
•
•
General Public Procurement
Intermediate Public Procurement
Advanced/Management Public Procurement
Public Purchasing in Florida (FL specific)
Negotiation Strategies
Negotiation in Florida (FL specific)
Contract Management
Contract Management in Florida (FL specific)
Jan 7-9
Feb 16-18
Mar 15-19
Mar 29-30
Apr 21-22
Apr 23
May 19-20
May 21
Offering four certifications: Purchasing Agent, Purchasing Manager,
Negotiator, Contract Manager
9
Pilot Training Classes
Agency Participation
• 117 total attendees at one or more seminars
• 94 state agency attendees (80%)
• 22 state agencies represented (65%)
• Next round of seminars begins September 2004
• See http://dms.myflorida.com/purchasing, or call
Cyndee Sams at 921-0266
10
Pilot Class Certifications
Purchasing Agent
• CPPB or CPPO certification
• Completion of the Public Purchasing in Florida seminar
• Minimum twelve months experience in a full time
purchasing position for the State or a political
subdivision, i.e., spend the majority of work time:
– making final decisions on procurement methods, contract
and purchase order terms and conditions, source and
price (may be subject to approval by a purchasing
manager), and
– conducting source selection processes
11
Pilot Class Certifications
Purchasing Agent
•
•
•
•
•
•
•
•
Thomas F. Blaine Jr. – Miami-Dade County
Staten W. Corbett – Bay County Dist. School Board
Joseph A. Espinosa – DOH
Mark D. Lovell – DMS
Douglas S. Melvin II – DJJ
Tammie R. Mercier – FWC
Jessie C. Moseley – DOC
Vince J. Windham – Okaloosa County School District
12
Pilot Class Certifications
Purchasing Manager
• CPPB or CPPO certification
• Completion of the Public Purchasing in Florida seminar
• Minimum three years experience in a full time purchasing position for
the State or a political subdivision, at least of which must be in a
purchasing management position, i.e., spend the majority of work time
– supervising one or more purchasing positions (defined above),
which may include developing purchasing policies and procedures,
and making final decisions on procurement methods, contract and
purchase order terms and conditions, source and price, and
– conducting source selection processes
13
Pilot Class Certifications
Purchasing Manager
•
•
•
•
•
•
•
•
•
•
•
•
James A. Brewer Jr. – DOH
David A. Callaway – DOT
Staten W. Corbett – Bay County District School Board
Joseph A. Espinosa – DOH
Kathleen M. Hutchins – DOS
Sandra E. King – Santa Rosa County School Board
Douglas S. Melvin II – DJJ
Tammie R. Mercier – FWC
Shirley Molnari – Santa Rosa County School Board
Jessie C. Moseley – DOC
Paul R. Nobles – Escambia County Board of Commissioners
Russ Rothman – DMS
14
Pilot Class Certifications
Negotiator
• Completion of these NIGP seminars: General Public
Procurement or Sourcing in the Public Sector; and
Negotiation Strategies
• Completion of the Negotiation in Florida seminar
• Minimum of twelve months experience in a full time
purchasing position (defined above) for the State or a
political subdivision
• Leading a team through at least one procurement
through negotiation
15
Pilot Class Certifications
Negotiator
•
•
•
•
•
•
•
•
•
•
•
Vonnie R. Allen – AWI
Sonya R. Avant – FDLE
David A. Bennett – DMS
Mary L. Bishop-White – FDLE
Kathleen M. Hutchins – DOS
Mark D. Lovell – DMS
Carol A. McCallum – FDLE
Edward G. McEachron – DOH
Douglas S. Melvin II – DJJ
Paul R. Nobles – Escambia County Bd. of Commissioners
Bo Scearce – DOR
16
Pilot Class Certifications
Contract Manager
• Completion of the NIGP Contract Management or Contract
Administration seminar
• Completion of the Contract Management in Florida seminar
• Minimum of either with the State or a political subdivision:
– twelve months experience in a full time purchasing position
(defined above), or
– twelve months cumulative experience managing contracts, i.e.,
having the responsibility to assure that a contractor performs
satisfactorily its obligations, on time, and within budget, as a
condition to contract continuation and invoice payment
17
Pilot Class Certifications
Contract Manager (1 of 2)
•
•
•
•
•
•
•
•
•
•
•
•
•
Susan K. Barr – DMS
David A. Bennett – DMS
Mary L. Bishop-White – FDLE
David A. Callaway – DOT
Joseph P. Camit – DMA
Jacklyn Colson – DJJ
John D. Connor – Florida School for Deaf & Blind
Staten W. Corbett – Bay County District School Board
Charles E. Day – DMS
James A. Den Bleyker – DMS
Nancy J. Harrison – FDLE
Mark D. Lovell – DMS
Ommet Mbiza – DMS
18
Pilot Class Certifications
Contract Manager (2 of 2)
•
•
•
•
•
•
•
•
•
•
•
Douglas S. Melvin II – DJJ
Jessie C. Moseley – DOC
Barbie Phillips – DOR
Stuart P. Potlock – DMS
Ellen R. Potts – DMS
Lynne S. Roberts – Florida School for Deaf & Blind
Bo Scearce – DOR
Beth S. Sparkman – DOR
Robert W. Threewitts – DOE
Edwin E. Valla – HSMV
Marvin L. Williams – DMS
19
Purchasing Directors’ Meeting
August 19, 2004 Agenda
• Welcome / Meeting Overview
• RESPECT Update
• Hurricane Charley Volunteers
• Training and Certification Program – Pilot Class Recognition
• Operations / State Term Contract Update
• Ethics in Florida Government
• Center for Efficient Government
• Next Meeting Location / Time
20
Operations Update
Rule Change Review
• We are near the end of the rulemaking proceeding to
overhaul Chapter 60A-1. Everyone needs to get familiar
with what has changed.
• Overview session:
DMS, Room 101
Tuesday, August 24, 11 a.m. to noon
Call in: 414-6477 (SC 994-6477)
Presentation will be on web (PD meeting materials page)
21
FY 03-04 Survey Results
Total Avg. 6.32 out of 10
•
Responsiveness = 6.21 Is State Purchasing available and accessible? Do you know
whom to contact with questions? Is it easy for you to contact the right person? If you
leave a message, how long do you wait before a return phone call? If you request a
personal meeting, do you get one?
•
Timeliness = 6.22 Once a State Purchasing employee takes over an issue, how
quickly do you receive an answer?
•
Competence = 6.62 Do you receive accurate, error-free information from State
Purchasing? Do you feel confident relying on information provided by State
Purchasing? Do you view State Purchasing employees as purchasing professionals?
•
Courtesy = 6.80 After interacting with State Purchasing, do you generally feel better
or worse? Are State Purchasing employees polite and “customer-centric”? Do you
experience State Purchasing as interested in understanding and resolving your
needs?
•
Value = 5.76 Is State Purchasing helping you reduce cost and/or improve service?
22
DMS Re-tooling
Buyer Teams
Transportation, Facilities & Supplies –
Charles Covington
Technology, Office Equipment & Services –
Steve Hall
Transportation and Energy
David Bennett
Jim Den Bleyker
Rob Butler
Information Technology
Stu Potlock
David Comer
Ommet Mbiza
Institutional Furnishings & Supplies
Ellen Potts
Brenda Wells
Office Equip./Support Servs.
Charles Day
Susan Barr
Renee Gregory
MRO & Law Enforcement
Mark Lovell
Charles Beall
Jeff Rackley
Special Programs
Theresa Dollar
Tom Butler
Donna Smith
23
State Purchasing
Contact Information
24
Recycled Content Product
Purchases Reporting
• Chapter 287.045 (11), Florida Statutes, requires that each
agency report to the DMS its purchases of recycled content
products.
• For assistance regarding these reports, please contact:
Charles Day, (850) 488-4946 (dayc@dms.state.fl.us), or
David Bennett, (850) 921-4072 (bennetd@dms.state.fl.us)
25
STC Update
Recycling Electronics
• Recycling Services, End of Life Electronics Equipment,
STC No. 991-705-05-1 (July ’04 – July ’06)
• For assistance regarding this contract, please contact:
Rob Butler, 488-7540 (butlerr@dms.state.fl.us), or
David Bennett, 921-4072 (bennetd@dms.state.fl.us)
26
Purchasing Directors’ Meeting
August 19, 2004 Agenda
• Welcome / Meeting Overview
• RESPECT Update
• Hurricane Charley Volunteers
• Training and Certification Program – Pilot Class Recognition
• Operations / State Term Contract Update
• Ethics in Florida Government
• Center for Efficient Government
• Next Meeting Location / Time
27
Ethics in Florida Government
Olympian Interlude
Scene
Paris Olympics in 1924
Athletes
Eric Liddell – 100 meter dash
Andrew Lindsay – already won medal
British Olympic Committee
Lord Birkenhead – previous discussions with Liddell
Prince of Wales
Lord Cadogan
Duke of Sutherland
28
Ethical Issues
Examples of Pressure
•
•
•
•
•
•
•
•
•
•
Arrogant
Inflexible (“room to maneuver”)
Same side
Comparison to others (Lindsay ran and won)
Praising (mocking?) principled behavior
Patriot
Half-way there anyway (“why didn’t you say so?”)
“Explore ways to help this young man reach that decision”
Impertinence
Principle shell-game (“Appealing to your beliefs in your country and
your king”)
• Direct request to compromise (“common heritage, bond, loyalty –
asked to make a sacrifice”)
• Never, “I want you to do something wrong for me”
29
Ethical Issues
Conclusion About Liddell
“A true man of principle, and a true athlete. His
speed is a mere extension of his life, its force.
We sought to sever his running from his self. …
No sake is worth that.”
There are written ethical rules. Beyond them,
your principles are more intimately bound up
with who you are as a person – be clear about
them and guard them closely!
30
Recent EOG IG Report
Whistle-blower Allegation Topics
• Officials accepted gifts/gratuities/honoraria from vendors and
associations doing business with agency (5/6)
• Prohibited communications regarding RFP with vendors and
associations doing business with agency (1/2)
• Officials failed to safeguard their ability to make objective, fair and
impartial decisions in conjunction with agency contracting actions,
leading to the appearance of ethical impropriety (1/1)
• Officials inappropriately influenced/attempted to influence agency
contracting actions (3/3)
• Officials requested agency staff to complete personal assignments
while on agency paid time and using agency resources (email,
telephones, etc.) (1/1)
31
Recent EOG IG Report
Chief IG’s Comments
• During period of unprecedented “partnering,” agency
partner has duty to know state ethical policies and to act
accordingly
• State officials ultimately responsible for adhering to
ethical laws, policies and procedures
• Private sector vendors should be held accountable for
intentionally or recklessly creating ethical dilemmas for
state employees
• More challenging are interactions with those who in
some situations are vendors and in others partners (e.g.,
universities). When roles are unclear, apply most
restrictive interpretation of ethical policies
32
Recent EOG IG Report
Chief IG’s Comments
Investigations can be disruptive and tend to create anxiety,
but process should result in appropriate and effective
changes
– Improved communications
– Assurances that key decisions impacting multiple program
areas include input from all appropriate officials before they
are made [DMS note – follow CFEG gate process!]
– Enhanced public trust
33
Recent EOG IG Report
Recommendations (Excerpts)
• Management should ensure that decisions to contract with
universities are not efforts to avoid competitive selection
requirements
• Use only cost-plus contracts with other agencies or
universities, to ensure compliance with 5% G&A cap
[216.346, F.S.]
• Determine appropriateness and frequency of contracting
with universities under 287.057(5)(f)13, F.S., and include
contract language that puts agency and university
employees on notice that they are not merely partners but
vendors
34
Recent EOG IG Report
Recommendations (Excerpts
• Provide and document ethics training to all 112.3145 F.S.
“specified state employees,” including Governor’s Code
of Ethics and agency policy
• Document and retain for file appropriate and required
reimbursements to host when interactions with vendors
or other external partners include social events, meals,
refreshments, etc.
• Contract language should notice vendors of prohibitions
against gifts and gratuities to state employees, and
provide a remedy when partners provide prohibited items
35
Ethical Issues
Resource Materials
Governor Bush’s Code of Ethics
http://www.myflorida.com/myflorida/government/policies/e
thicscode.html
NIGP Code of Ethics
http://www.nigp.org/genlinfo/2001CodeofEthics.pdf
NIGP October 2003 Pulse Poll
Have ethics been compromised during professional
career?
– 67% say yes
– 27% say yes within the past year
36
Ethics Issues
NIGP Code Principles
• Is governed by the highest ideals of honor and integrity in all public and
personal relationships in order to merit the respect and inspire the
confidence of the organization and the public being served.
• Believes that personal aggrandizement or personal profit obtained
through misuse of public or personal relationships is dishonest and not
tolerable.
• Identifies and eliminates participation of any individual in operational
situations where a conflict of interest may be involved.
• Believes that members of the Institute and its staff should at no time, or
under any circumstances, accept directly or indirectly, gifts, gratuities, or
other things of value from suppliers, which might influence or appear to
influence purchasing decisions.
37
Ethics Issues
NIGP Guidelines
RESPONSIBILITY TO YOUR EMPLOYER
•
Follow the lawful instructions or laws of the employer.
•
Avoid activities, which would compromise or give the perception of compromising the
best interest of the employer.
•
Reduce the potential for any charges of preferential treatment by actively promoting
the concept of competition.
RELATIONSHIP WITH THE EMPLOYER
•
Remain free of any and all interests and activities, which are or could be detrimental or
in conflict with the best interests of the employer.
RELATIONSHIPS WITH OTHER AGENCIES AND ORGANIZATIONS
•
All involvement and transactions shall be handled in a professional manner with the
interest of the buyer’s employer taking precedent.
38
Ethics Issues
NIGP Guidelines
CONFLICT OF INTEREST
• Avoid any private or professional activity that would create a
conflict between your personal interest and the interests of your
employer
PERCEPTION
• Avoid the appearance of unethical or compromising practices in
relationships, actions and communications.
• Avoid holding business meetings with suppliers outside the
office. When such meetings do occur, the meeting location
should be carefully chosen so as not to be perceived as
inappropriate by other persons in the business community or
your peers.
39
Ethics Issues
NIGP Guidelines
GRATUITIES
•
Never solicit or accept money, loans, credits or prejudicial discounts, gifts,
entertainment, favors or services from your present or potential suppliers which
might influence or appear to influence purchasing decisions.
•
Never solicit gratuities in any form for yourself or your employer.
•
Items of nominal value offered by suppliers for public relations purposes are
acceptable when the value of such items has been established by your employer
and would not be perceived by the offeror, receiver or others as posing an ethical
breach.
•
Gifts offered exceeding nominal value should be returned with an explanation or if
perishable either returned or donated to a charity in the name of the supplier.
•
In the case of any gift, care should be taken to evaluate the intent and perception
of acceptance to ensure that it is legal, that it will not influence your buying
decisions, and that it will not be perceived by your peers and others as unethical.
40
Ethics Issues
NIGP Guidelines
BUSINESS MEALS
•
There are times when during the course of business it may be appropriate to conduct business
during meals. In such instances, the meal should be for a specific business purpose.
•
Avoid frequent meals with the same supplier.
•
The purchasing professional should be able to pay for meals as frequently as the supplier.
Budgeted funds should be available for such purposes.
RELATIONSHIP WITH THE SUPPLIER
•
Maintain and practice, to the highest degree possible, business ethics, professional courtesy,
and competence in all transactions.
•
Association with suppliers at lunches, dinners or business organization meetings is an
acceptable professional practice enabling the buyer to establish better business relations
provided that the buyer keeps free of obligation. Accordingly, it is strongly recommended that
if a seller pays for an activity that the buyer reciprocate.
•
Preclude from showing favoritism or be influenced by suppliers through the acceptance of
gifts, gratuities, loans or favors. Gifts of a nominal value that display the name of a firm which
is intended for advertisement may or may not be accepted in accordance with the recipient’s
own conscience or jurisdictional rules.
41
Ethics in Florida Government
Sources
Article I, Section 24 Florida Constitution
Chapter 112, Part III, Florida Statutes
Governor Bush’s Executive Order 99-20
42
Ethics in Florida Government
Code of Ethics
• Prohibits Certain Actions or Conduct
• Requires Certain Disclosures be made to the
Public
• Independent Commission on Ethics to
Oversee Compliance
43
Ethics in Florida Government
Executive Order 99-20
• Applies to EOG, Agency Heads and Deputy
Secretaries.
• More strict than Chapter 112
• DMS has adopted EO 99-20 as the agency’s ethics
policy
• Do you and your employees know your agency’s
policy?
44
Executive Order 99-20
Gifts
“Gift” – Anything accepted by a person or
on that person’s behalf, whether directly
or indirectly, for that person’s benefit
and for which no payment is made.
45
Executive Order 99-20
What is a Gift?
• Real Property
• Tangible Personal
Property
• Intangible Personal
Property
• Preferential Treatment
• Debt forgiveness
• Transportation
•
•
•
•
•
•
•
Lodging
Food and Drinks
Dues and Fees
Tickets
Plants and Flowers
Personal Services
Any Thing or Service
having a Value
46
Executive Order 99-20
A Gift Is Not:
• Salary and Benefits
• Use of Public Property
• Campaign Contributions
• Transportation for Official
Business
• Honoraria and Expenses
• Honorary Memberships
• Public Service Awards
• Gifts from Professional
Development or
Governmental
Organizations
47
Executive Order 99-20
Solicitation of Gifts
Can I solicit
a gift?
NO!
48
Executive Order 99-20
Acceptance of Gifts
When can I
accept a gift?
49
Executive Order 99-20
Gift Acceptance
• No gift valued at over $25.00 may be accepted!
• Four Limited Exceptions:
Gifts from Relatives
Most Gifts from Personal Friends
On-site Consumption of Food and Drink at
Functions in which Attendance is Part of
Official Duties
Gifts Accepted by the Department as having a
Public Purpose
50
Executive Order 99-20
Reporting Requirements
COE Forms 9 and 10 (www.ethics.state.fl.us)
Employees must report and disclose any gift that has
a value over $25.00, unless the gift is received from a
relative.
Disclosure includes providing a description of the gift,
its approximate value, the donor’s name and
address, the date of receipt, and a copy of any
receipt for the gift provided by the donor
51
Executive Order 99-20
Gifts from Relatives
• You receive a Ming
Dynasty antique
vase from your Aunt
Martha as a
congratulatory gift
on your new
position.
• Can you accept?
52
Executive Order 99-20
Gift from Relatives
• It’s OK to accept
• Value unimportant
• No reporting
required
53
Executive Order 99-20
Gifts from Friends
You may accept gifts from a personal friend,
regardless of value, provided he or she is not:
A.
A lobbyist;
B.
The partner, firm, employer or principal of a lobbyist;
C.
A person with a pecuniary interest in a matter pending before the
Department;
D.
A person who provides goods or services to the Department under
contract or agreement; or
E.
A person seeking business with the Department
54
Executive Order 99-20
Gifts from Friends
• Expensive gift from
a “new friend” in
Tallahassee.
• Can you accept?
55
Executive Order 99-20
Gifts from Friends
• Lobbyist, favors, or
contracts – NO
• Non-lobbyist,
seeking no favors or
contracts – YES
• But: Must report if
over $25.00
56
Executive Order 99-20
Receptions
Can you attend
receptions by
members of your
industry groups?
57
Executive Order 99-20
Receptions
• No restrictions on
acceptance, even if
valued at over $25.00,
provided your
attendance is a
reasonable exercise of
your official duties.
• Must report if over
$25.00
58
Executive Order 99-20
Lunch Buddies
Can you go to lunch
with a vendor at the
Governor’s Club
once a month to
“catch up” on
things?
59
Executive Order 99-20
Lunches
• Even if each meal is
less than $25.00,
frequency can give rise
to the appearance that
lunch is being paid for
in circumvention of the
rules.
• Pay for yourself!
60
Executive Order 99-20
Agency Awards
The Department is
awarded a Davis
Productivity Award.
Can the Secretary
accept?
61
Executive Order 99-20
Agency Awards
An Agency Head
may accept awards
and other forms of
recognition if a
public purpose for
doing so is shown.
62
Executive Order 99-20
Spouses
What about my
wife? Can she
accept an expensive
gift from a lobbyist
or vendor?
63
Executive Order 99-20
Spouses
No!
Any gift that cannot
be received directly
cannot be received
indirectly
64
Executive Order 99-20
Before Accepting Any Gift
• NO GIFT, regardless of value, may be
accepted until you answer each of these
questions:
65
Executive Order 99-20
Before Accepting Any Gift
1. Is this gift being
given or accepted
with the intent that
my official action or
judgment would be
influenced by the
gift?
• Yes – Even if valued
at under $25.00 the
gift may NOT be
accepted.
• No – Go to next
question.
66
Executive Order 99-20
Before Accepting Any Gift
2. Do I know, or with
the exercise of
reasonable care,
should I know that
the gift is being
given to influence
my official actions or
judgment?
• Yes – Even if valued
at under $25.00 the
gift may NOT be
accepted.
• No – Go to next
question.
67
Executive Order 99-20
Before Accepting Any Gift
3. Is the value of this
gift LESS than
$25.00
• If valued under $25.00, have
I accepted several gifts,
even if nominal in value,
from the same source, such
that on the whole it looks like
I am trying to get around the
Code of Ethics?
Yes – Cannot accept.
No – Okay to accept.
68
Executive Order 99-20
Before Accepting Any Gift
4. Is the value of this
gift MORE than
$25.00
• If valued over $25.00, is the
gift from a relative, is it the
on-site consumption of food
and drink, or is it being
accepted by the agency
such that the value limit does
not apply?
Yes – Okay to accept.
No – Cannot accept.
69
Executive Order 99-20
Outside Employment
Can you serve on
the board of your
hometown bank?
70
Executive Order 99-20
Outside Employment
• No secretary or deputy
secretary may have any
on-going dual
employment or dual
compensation
• Other SMS/SES,
perhaps, but must clear
with Agency Head
71
Executive Order 99-20
Outside Employment
• Non-profits generally
OK
• Anything that poses, or
appears to pose, a
conflict between private
interests and public
duties will not be
approved!
• Always check first
72
Executive Order 99-20
Conflicts of Interest
A partnership in
which you hold a
passive interest
holds the rights to
land that one of the
Governor’s agencies
needs to buy
73
Executive Order 99-20
Conflicts of Interest
• Cannot participate in
any official capacity in
any matter that inures
to your special gain or
loss
• Ought to disclose even
if not participating
• How will it look?
74
Executive Order 99-20
Conflicts of Interest
You leave the Agency
for the private sector. A
vendor you worked
closely with wants you
to represent their
interests before the
Agency. Can you
represent them?
75
Executive Order 99-20
Conflicts of Interest
• NO! SMS/SES
employees may not
personally represent
another for
compensation before
the Agency for a period
of two years after
leaving.
76
Executive Order 99-20
Exceptions
• Ask General
Counsel’s office at
EOG
• Ask Agency Ethics
Officer
• Always obtain prior
approval
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Executive Order 99-20
Penalties
• No Criminal Penalties
• Dismissal,
suspension,
reprimand, demotion,
reduction in or
forfeiture of salary,
restitution
• $10,000 fine
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Executive Order 99-20
When in Doubt
• Ask yourself “how will
it look?”
• Avoid the appearance
of impropriety
• Save yourself the
aggravation
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Purchasing Directors’ Meeting
August 19, 2004 Agenda
• Welcome / Meeting Overview
• RESPECT Update
• Hurricane Charley Volunteers
• Training and Certification Program – Pilot Class Recognition
• Operations / State Term Contract Update
• Ethics in Florida Government
• Center for Efficient Government
• Next Meeting Location / Time
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Center for Efficient Government
Update
• New approval sign-off sheet required with
submission of a business case or solicitation
document for Oversight Board review
• When to follow gate process
• Questions?
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Purchasing Directors’ Meeting
August 19, 2004 Agenda
• Welcome / Meeting Overview
• RESPECT Update
• Hurricane Charley Volunteers
• Training and Certification Program – Pilot Class Recognition
• Operations / State Term Contract Update
• Ethics in Florida Government
• Center for Efficient Government
• Next Meeting Location / Time
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Purchasing Directors’ Meeting
Next Meeting
Time:
3:00 pm to 5:00 pm
Date:
Thursday, October 14, 2004
Location:
FFWC Bryant Building
620 South Meridian Street
In lieu of September meeting, please attend the
Florida Government Conference, Sep 21-23
(www.floridagc.com)
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