§ 2-967.8. Relief where complaint of retaliation is against the County, County Employee, or County Independent Contractor.

In any case brought under this article in which the County Mayor or any other appropriate public authority finds that the person has been subjected to an adverse action in violation of this article, the Mayor may:

(1)

Refer the matter to the appropriate department head for appropriate disciplinary action of each County employee involved, if any;

(2)

Compensate the person, if appropriate, for the lost income, benefits or other lost remuneration caused by the adverse action.

(3)

For violations of this article as determined pursuant to the procedures set forth in section 2-967.7, the County may sanction a County independent contractor for violations of this article in one or more of the following ways:

(a)

Require the County independent contractor to compensate the person, or reimburse the County for any amounts paid by the County to compensate the person, for the lost income, benefits or other lost remuneration caused by the adverse action of the County independent contractor.

(b)

Debar the County independent contractor in accordance with the debarment procedures of the County.

(c)

Suspend payment or terminate payment under the contract or terminate the contract with the County independent contractor.

(4)

If a County independent contractor fails to pay any sanctions that are assessed by the County under this article, such independent contractor and all officers, principals, directors, shareholders owning or controlling 10 percent or more of the stock, partners, qualifiers, divisions or other organizational elements of the non-complying County independent contractor may be declared by the County to be ineligible for bidding on or otherwise participating in County contracts and permits until all required payments have been paid in full and regardless of whether such payment has been made may also be declared ineligible for bidding or otherwise participating in County contracts for a period of up to 3 years. In addition all employers shall be ineligible for County contracts and permits under this article where any officers, principals, directors, shareholders owning or controlling 10 percent or more of the stock, partners, qualifiers, divisions or other organizational elements of the covered employer were officers, principals, directors, shareholders owning or controlling 10 percent or more of the stock, partners, qualifiers, divisions or other organizational elements of an employer who has been declared ineligible under this article.

(5)

In addition to any other sanctions provided for herein, damages payable to the County in the amount of $500.00 for each violation of this article.

(6)

All such sanctions recommended or imposed shall be a matter of public record.

(7)

All sanctions imposed pursuant to the authority of this chapter shall bear interest at the same rate as the State of Florida statutory rate for judgments provided by section 55.03, Florida Statutes.

(8)

No remedy against a County independent contractor, as set forth in this article, is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the right in a court of law under Section 2-967.8.1.

(Ord. No. 96-41, § 1, 3-5-96; Ord. No. 17-74, § 1, 10-3-17)

Editor's note

Ord. No. 17-74, § 1, adopted Oct. 3, 2017, amended § 2-967.8 title to read as set out herein. The former § 2-967.8 title pertained to relief.