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Productivity Committee Meeting Agenda 04/04/2018April 4, 2018 2:00PM Collier County Informational Workshop on Sunshine Law, Public Records & Ethics With the Senior Advisory Committee & Productivity Committee 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Adoption of the Agenda 5. Public Comment 6. Adoption of Minutes from Previous Meeting (no action) 7. Staff Reports 7.1. Staff Introductions & description of the meeting 7.2. Committee Member Introductions 7.2.1. Senior Advisory Committee 7.2.2. Productivity Committee 7.3. Sunshine Laws Presentation 7.4. Ethics 7.5. Public Records 7.6. Committee Member Questions 8. New Business 8.1. Election of Productivity Committee Chair and Vice Chair 9. Old Business (no action) 10. Announcements (no action) 11. Committee Member Discussion 12. Next Meeting Time, Date and Location 12.1. Senior Advisory Committee (Wednesday after last Board Meeting of the month) 12.2. Productivity Committee 13. Adjournment Collier County Informational Workshop on Sunshine Law, Public Records & Ethics for the Senior Advisory Committee & Productivity Committee Agenda 1.Call to Order 2.Pledge of Allegiance 3.Roll Call 4.Adoption of the Agenda 5.Public Comment 6.Adoption of Minutes from Previous Meeting (no action) 7.Staff Reports 1.Staff Introductions & description of the meeting 2.Committee Member Introductions 1.Senior Advisory Committee 2.Productivity Committee 3.Sunshine Laws Presentation 4.Ethics 5.Public Records 6.Committee Member Questions 8.New Business 1.Election of Productivity Committee Chair and Vice Chair 9.Old Business (no action) 10.Announcements (no action) 11.Committee Member Discussion 12.Next Meeting Time, Date and Location 1.Senior Advisory Committee (Wednesday after last Board Meeting of the month) 2.Productivity Committee 13.Adjournment Introductions & Welcome •Staff Liaisons •Nick Casalanguida –Deputy County Manager •Productivity Committee •Geoff Willig –Operations Analyst for the County Manager’s Office •Senior Advisory Committee •Productivity Committee •Coleen Greene –Assistant County Attorney •Committee Introductions •Senior Advisory Committee •Productivity Committee Handouts •Each packet contains •Template for the Rules of Procedure •County Standards For the Creation and Review of Boards (Ord. No. 01-55 and amendments) •Senior Advisory Committee received •Founding Resolution •Productivity Committee received •Founding Ordinance •Bio’s received New Business & Meetings •New Business •Productivity Committee Chair & Vice Chair Election •Next Meeting Time, Date and Location •Senior Advisory Committee •Prefer the Wednesday after the last Board Meeting of the month •4/25/18 @ 3PM •Fifth Floor Training Room of this building •Productivity Committee •As Board sets assignments Government in the Sunshine Office of the County Attorney Jeffrey A. Klatzkow, County Attorney What is Florida's Government-in-the-Sunshine Law? Enacted in 1967 Found in Chapter 286,Florida Statutes Establishes a basic right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies or authorities Sunshine Law The Sunshine Law is “applicable to any gathering, whether formal or casual, or two or members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission.” Hough v. Stembridge, 278 So. 2d 288 (Fla. 3d DCA 1973). The Three Basic Requirements of the Sunshine Law, §286.011, Florida Statutes Meetings of public boards, commissions or committees (“boards”) must be open to the public. Reasonable notice of such meetings must be given. Minutes of the meeting must be taken. Meetings Must be Open to the Public The public must be allowed to attend meetings, and the location: Must be accessible Sufficient size for turnout Facility cannot discriminate based on age,race,etc. Public access not unreasonably restricted Be within Collier County with few exceptions Effective 10.1.2013 –public shall be given a reasonable opportunity to be heard on a proposition before a board or commission.Board may establish policies to maintain orderly conduct and decorum. May establish time limits. Reasonable notice of such meetings must be given. The public must be given reasonable and timely notice so they can decide whether to attend. What is “reasonable”or “timely” depends on the circumstance.It does not necessarily require a newspaper advertisement;contact the County Attorney Office for guidance. Minutes of the meeting are required. Written minutes must be taken and made available promptly. Sound recordings may also be used,but only in addition to written minutes. Minutes may be a brief summary of meeting’s events. Minutes are public records. Minutes must record the votes. The Sunshine Law applies to decision making committees = advisory boards and committees. The Sunshine Law applies when two or more members of a governing board (such as the BCC) discuss a matter that may foreseeably come before the governing board. Fact Finding Groups A limited exception to applicability of Sunshine Law. Fact-finding only. Strictly informational gathering and reporting. No decision making. Rarely used in Collier County. Advisory Board Members Must strictly adhere to all aspects of the Sunshine Law. Reminders No Pre and post meeting discussions; No Private conversations on the dais; Avoid texting on the dais; May not use non-members as liaisons between board members; Avoid the appearance of impropriety. Written Correspondence A board member may send documents on matters coming before the board for official action to other board members,PROVIDED there are no responses from,or interaction related to documents among,the board members prior to the public meeting.The written correspondence becomes a public record. •Recommend use of staff liaison. •Two way communication must be done in the Sunshine. Inspection Trips Members of an advisory board may conduct inspection trips (limited basis). If discussion relating to the business of the board will occur between board members during an inspection trip –the SUNSHINE LAW APPLIES! All requirements of §286.011,F.S.must be met. Fact finding exemption does not apply to a board with “ultimate decision-making authority.”See Finch v.Seminole County School Board,995 So.2d 1068 (Fla.5th DCA 2008). Electronic Meetings Local Governments Absent member may participate by telephone conference if: Absence is due to extraordinary circumstances A quorum of local board must be physically present Board must vote to approve participation. Sunshine Law Applications Does not apply to members of different boards Applies to non-voting members as well as voting members Social events are fine –but do not discuss County business Does not apply to private organizations,such as homeowners’associations Does not apply to a meeting between a Commissioner and a private citizen Does not apply to staff so long as staff is in a fact-finding mode Applies to staff once staff become part of the decision- making process Validity of Action Taken in Violation of The Sunshine Law/Subsequent Corrective Action Section 286.011,F.S.,provides that no resolution,rule,regulation or formal action shall be considered binding except as taken or made at an open meeting. Recognizing that the Sunshine Law should be construed so as to frustrate all evasive devices, the courts have held that action taken in violation of the law is void ab initio. Within limitations,some case law exists holding that Sunshine Law violations can be cured by independent,final action taken completely in the Sunshine. What are the Consequences if a Public Board or Commission Fails to Comply with the Sunshine Law? Criminal Penalties: It is a second degree misdemeanor to knowingly violate the Sunshine law. Punishable with a fine of up to $500 and/or up to 60 days imprisonment. Other Penalties Include: Removal from position. Payment of attorney’s fees incurred by the challenging party,as well as declaratory and injunctive relief. Sentenced to Jail for Sunshine Law Violations:Suspended Escambia County Commissioner W.D.Childers was sentenced to 60 days in jail for discussing redistricting in a telephone conversation while fellow commissioner listened on a speaker phone,and pleaded no contest for talking with two fellow commissioners about county building projects in front of a staffer. A Penalty Example The Headlines We Don’t Want! “Judge Finds Marco Councilor Guilty of Sunshine Law Violation!!” Naples Daily News 2/7/08 “Planning Member’s Lunch Clouds Florida in Sunshine Law” Naples Daily News 2/7/07 Grand Jury OKs City Sunshine Law Investigation 7/12/07 Jacksonville News “A Times-Union Investigation Finds Evidence of Florida Sunshine Law Violations” Florida Times-Union 6/14/07 Questions?? ????????? PUBLIC RECORDS Office of the County Attorney Jeffrey A. Klatzkow, County Attorney The State of Florida Strongly Favors Open Access to Public Records The public’s right to inspect or copy any public record is established in the Florida Constitution. The legislature enacted Chapter 119 of the Florida Statutes setting the policy for the state. Florida courts have routinely held that the Public Records Act is to be liberally construed in favor of open access to public records. The Definition of Public Records Open to Inspection to Any Person is Very Broad. A public record encompasses all materials made or received by an agency in connection with official business which are used to perpetuate, communicate or formalize knowledge, regardless of whether such materials are in final form. Public Records Law Public Records include: All documents,paper,letters,maps,books, tapes,photographs,films,sound recordings,data processing software,or other material,regardless of physical form or means of transmission made or received pursuant to law in connection with transaction of official business by the agency.(Chapter 119,Florida Statutes) Public Records Law applies to: Records developed by the Board,Board- Appointed Committees,and employees All Types of records including written communications,letters,notes and e- mails Numerous exemptions are identified in §119.07, Florida Statutes,and other statutes ADVISORY BOARD GUIDELINES FOR PUBLIC RECORDS AND EMAILS While you are serving on an advisory board,correspondence and emails to or from anyone,on any computer (private or government owned),relating to County business is a public record. Public records must be maintained pursuant to State guidelines.You may save them on the computer,a disk,or as a hard copy.If leaving your position on an advisory board,please provide a copy of all public records in your possession to the County Staff Liaison. One-way communications by email should be directed to the County Staff Liaison.Pursuant to the Sunshine Law,no two-way communications between members (except during publicly noticed meetings)is permitted. If you choose to communicate with members of the public concerning County business via email,please be aware that your name and email address,as well as the name and email address of the public person, becomes a public record. What Public Records are Exempt From Disclosure? Common exemptions are: Records prepared for litigation proceedings or in anticipation of legal proceedings Social Security numbers of employees and former employees Sealed bids or proposals Public Records Requests Can be made verbally or in writing by any person The Board,Committee,or Staff: Has a “reasonable”time to respond Can charge for the cost of retrieving records if the amount requested is voluminous Can charge 15 cents per page The Public Records Law does not require: The retention of records (this is covered by the State’s records retention policy) The creation of records or the provision of records in the format requested An explanation of the records * Collier County Resolution No. 2007-327 Restrictions Placed on Access to Public Records The restrictions a public entity may place on access to public records for reasons of administrative convenience,cost or other factors are narrow and limited. PENALTIES A violation of the Public Records Act carries both civil and criminal penalties! Questions?? ???????? Tools for Social Networking: Facebook Twitter Instant Messaging You Tube Public Records While business related posts or comments made on Facebook are a public record (pursuant to AGO 09-19), the difficulty comes in saving the records and then trying to locate them later if a request for the records is made by the public.The amount of storage necessary is substantial and retrieving a specific record later is almost impossible. 4/9/2018 Standards of Conduct for Social Networking Your County’s Social Computing Guidelines: –Know the County Conduct Guidelines. –Be who you are. –Be thoughtful about how you present yourself in online social networks. –Speak in the first person. –Use a disclaimer. –Respect copyright and fair use laws. –Protect confidential and proprietary information. –Protect the County's clients, business partners and suppliers. –Respect your audience and your coworkers. –Add value. –Don't pick fights. –Be the first to respond to your own mistakes. –Use your best judgment. –Don't forget your day job. County Ethics Ordinance No, thank you! Public officials are prohibited from accepting any gift or any other thing of monetary value from anyone that has an interest that may be substantially affected by the performance or non-performance of duties of a public official. Ethics Laws County Attorney Office Colleen M. Greene Assistant County Attorney Three Areas of Ethics Laws Chapter 112, Florida Statutes, Part III Collier County Ordinance No. 2003-53, as amended Collier County Manager Administrative Procedures CMA #5311 This will not suffice! Chapter 112, Florida Statutes Applies to all advisory board members, elected officials, and County employees. Collier County Ordinance No. 03-53, as amended Applies to all advisory board members, elected officials and County employees (more stringent than Ch. 112, Fla. Stat.). CMA #5311 Applies to all County employees. I Florida Statutes Code of Ethics for Public Officers and Employees Code of Ethics Protects against conflict of interest and establishes standards for the conduct of elected officials and government employees in situations where conflicts may exist. (Chapter 112, Florida Statutes and the Florida Constitution) Code of Ethics for Public Officers and Employees Conflict or Conflict of Interest A situation in which regard for a private interest tends to lead to a disregard of a public duty or interest. (§112.312(8), Fla. Stat.) Florida Code of Ethics Addresses: Standards of Conduct Voting Conflict Financial Disclosure Applies to: County Commissioners Board Appointed Committees Board Employees Prohibits certain actions or conduct Requires certain disclosures be made to the public Standards of Conduct Soliciting and Accepting Gifts.May not solicit or accept anything of value that is based on an understanding that their vote, official action, or judgment would be influenced by such a gift. Accepting Unauthorized Compensation.May not accept any compensation, payment, or thing of value that is given to influence a vote or other official action. Misusing Public Position.May not corruptly use his/her official position to obtain a special privilege for himself/herself or others. Disclosing or Using Certain Information.May not disclose or use information not available to the public and obtained by reason of his/her public positions for the personal benefit of himself/herself or others. Additional Standards of Conduct Doing business with one’s agency.A public officer or employee acting in a private capacity shall not attempt to do business with the County/agency where he/she serves as a officer or employee. Applies to private business in which public officer, employee, spouse or child has a material interest. (112.313(3)) Engaging in conflicting Employment or Contractual Relationship.A public officer may not be employed or contract with any business entity regulated by or doing business with his or her public agency. (112.313(7)) (May be waived by 2/3 vote of full Board (112.313(12)). Voting Conflicts of Interest Requires no County, municipal, or other Local Public Officer (including members of Board appointed committees) shall vote in an official capacity upon any measure which would inure to the special private gain or loss of themselves, any principal or entity by whom they are retained, other than an agency as defined in §112.312(2), Fla. Stat., or to any relative or business associate. (Specific exemptions apply.) Voting Conflicts of Interest Exemptions may apply: 1.Remote and speculative test “uncertainty at time of vote.” 2.Size of class test “unique gain or loss.” Requires that public officers, including members of advisory committees: Must announce the nature of the conflict before the vote; abstain from voting; and file a memorandum of voting conflict. May not participate in the discussion without first disclosing the nature of their interest in the matter (either in writing prior to the meeting, or orally as soon as they become aware that a conflict exists). May not participate in an attempt to influence the decision. Penalties Violation of Statute Civil penalties, fine or removal from office II County Ethics Ordinance Ordinance No. 2003-53, as amended * Legislative intent * Lobbyist Registration * Gifts from Lobbyists *County managerial employee post employment restrictions * Gift Definition Exceptions Collier County Ethics Ordinance Statement of Policy An individual covered by this article shall: 1)Not use his or her position as a public servant for unlawful gain or enrichment; 2)Avoid conduct that gives the appearance of an impropriety in the performance of his or her public duties; and 3)Not accept anything of value if the public servant knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance of his or her public duties. County Ethics Ordinance Limited Exceptions Apply! Gifts from relatives. Unsolicited advertising or promotional materials. Gifts for participation in a seminar. Award of nominal commercial value. Food or beverage offered to all attendees at a business meeting (the $4.00 rule). When in doubt, please ask! Post Employment Restrictions Post employment restrictions apply to the county manager,assistant and/or deputy county manager,county attorney,deputy county attorney and all division administrators,and department and authority directors in County government.Also included are employees actively engaged in selecting contractors or in supervising,overseeing,or vouchering for contract performance. Standards of Conduct No public servant shall: 1)Accept a gift knowing that is was given with the intent to rewardorinfluencehim/her in the performance or nonperformance ofhis/her duties; 2)Participate in the selection of a vendor or the approval of acontractifthatemployeehasreceivedagiftfromsomeonerepresentingthevendororcontractingpartyincludinggiftsfromarelative; 3)Participate in permitting or inspection decisions if that employeehasreceivedagiftfromthepermitorinspectionapplicantincludinggiftsfromrelatives; 4)Accept anything of value from a lobbyist;and 5)Solicit a contribution form another person/employee for a gift toanofficialsuperiororacceptagiftfromasubordinate. 6)Exceptions:holidays or occasions where it is customary to give a gift. PENALTIES for violating County Ethics Ordinance III County Manager Administrative Procedures Code of Ethics/Standards of Conduct CMA #5311 Prohibited receipt of gifts or items of value by County Employees Violation may result in disciplinary action up to and including discharge Questions?? Resources/Contacts OFFICE OF THE COUNTY ATTORNEY Jeffrey A. Klatzkow, County Attorney Scott R. Teach, Deputy County Attorney Colleen M. Greene, Assistant County Attorney 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 Phone: (239) 252-8400 Fax: (239) 252-0225 Questions/Concerns Regarding Sunshine Law, Public Records, Ethics and Ex-Parte Disclosure Matters COLLIER COUNTY [Name of Board] PROCEDURES FOR [Name of Board] ADVISORY COMMITTEE [Month Day], 2018 A. General: 1. Meetings. Regular meetings of the advisory board shall be held on such day, time and place as may be determined by the advisory board, and at a minimum of once a month, except for one month in the summer. 2. Quorum and Voting. At all regular or special meetings of the advisory board, a majority of the membership of the advisory board shall constitute a quorum. Voting shall be by voice unless a member of the advisory board requests a roll call. The roll shall be in alphabetical order with the first name called rotating with each motion upon which the vote is called. The Chairman shall always vote last. A record of the roll call shall be kept as part of the minutes. 3. Special Meetings. Special meetings may be called by the Chairman at any time provided adequate notice is given pursuant to Paragraph 4 below. The Chairman may also call a special meeting when requested to do so in writing by a majority of the members of the advisory board or by a County staff member. The notice of such a meeting shall specify the purpose of such a meeting and no other business may be considered except by unanimous consent of the advisory board. All members of the advisory board shall be notified in advance of such special meetings by the staff liaison. 4. Notice and Publication. The staff liaison shall give notice and keep record of such notice of its meetings and the meeting of the subcommittees including the date, time, and location of each regular and special meeting. Notice shall be posted in the county administration building and other appropriate locations as recommended by the advisory board and to the County Public Information Department for further distribution. 5. Open Meetings. All meetings of the advisory board or its subcommittees shall be open to the public and governed by the provisions of Florida's Government in the Sunshine Law. 6. Minutes. The minutes of all meetings shall be promptly recorded, and such records shall be open to public inspection, in accordance with applicable law. 2 7. Location. Meetings of the advisory board, or any of its subcommittees, shall be held in a location accessible to the public. 8. Meeting Agenda. There shall be an agenda for each meeting of the advisory board which shall determine the order of business conducted. The board shall not take action on any matter, proposal, report or item of business not listed upon the official agenda unless a majority of the board present consents. Any advisory board member, in the case of an advisory board or a subcommittee member in the case of a subcommittee, may place an item on the agenda by submitting it to the Chairman for forwarding to the staff liaison prior to the deadline for publishing the notice of such meeting. The Chairman shall determine whether the item submitted by the board member is relevant to the purposes of the advisory board. Upon his/her finding that the item is relevant, it shall be included in the agenda. Staff-initiated agenda items are not subject to prior review by the Chairman. 9. Order of Business. The order of business at regular meetings shall be: (a) Call to Order (b) Pledge of Allegiance (c) Roll Call (d) Adoption of the Agenda (e) Public Comment (f) Adoption of Minutes from Previous Meeting (g) Staff Reports (h) New Business (i) Old Business (j) Announcements (k) Committee Member Discussion (l) Next Meeting Time, Date and Location (m) Adjournment B. Agenda Items Requiring Action (Old Business and New Business): 1. General. All members of the public who address the board shall utilize the speaker's podium to allow their comments to be recorded, and shall identify themselves by name and local addresses, if applicable. Further, any speaker speaking on behalf of an organization or group of individuals (exceeding five) shall indicate such and shall cite the source of such authority whether by request, petition, vote, or otherwise. 2. Speaker Registration. Persons, other than staff wishing to speak on an agenda item shall, prior to the item being heard, register with the staff liaison on the forms provided. Five (5) or more persons deemed by the board to be associated together or otherwise represent a common point of view, as proponents or opponents on any item may be requested to select a 3 spokesperson. All persons may speak for a maximum of three (3) minutes each. 3. Restrictions on Comments Deemed Not Germane to the Item. Notwithstanding any provisions herein, any board member may interrupt and/or stop any presentation that discusses matters that need not be considered in deciding the matter then before the board for consideration. At any board proceeding, the Chairman, unless overruled by majority of the board members present, may restrict or terminate presentations which in the Chairman's judgment are frivolous, unduly repetitive or out of order. C. Order and Subject of Appearance: To the extent possible, the following shall be the order of the proceeding: 1. Preliminary Statement. The Chairman shall read the title of the agenda item. 2. Initial Presentation by Staff. County staff shall make the initial presentation to the board regarding any item under consideration. After completion of the staff presentation, the board may make inquiries of staff at this time. 3. Initial Presentation by Petitioner or Proposer. Petitioner or Proposer shall make the initial presentation to the board regarding any item under consideration. After completion of the presentation by the Petitioner or Proposer, the board may make inquiries of the Petitioner or Proposer at this time. 4. Speakers. After board inquiry, speakers shall be allowed to speak based on the time limitation guidelines outlined in the preceding subsection B above. During and after a speaker's presentation, the board shall have an opportunity to comment or ask questions of or seek clarification from such speaker. The board may also allow staff to comment, ask questions of or seek clarification from speakers. 5. Restrictions on Testimony or Presentation of Evidence. Notwithstanding any provisions herein, any board member may interrupt any presentation that contains matters which need not be considered in deciding the matter then before the board for consideration. At any board proceeding, the Chairman, unless overruled by majority of the board members present, may restrict or terminate presentations which in the Chairman's judgment are frivolous, unduly repetitive or out of order. D. Rules of Debate: The following rules of debate shall be observed by the board. Except as herein provided questions of order and the conduct of business shall be governed by Robert's Rules of Order. 1. Motion under consideration. When a motion is presented and seconded, it is under consideration and no other motion shall be received thereafter, 4 except to adjourn, to lay on the table, to postpone, or to amend until the question is decided. These countermotions shall have preference in the order in which they are mentioned, and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority of the members present. 2. Chairman participation. The presiding chairman may move, second and debate from the chair, and shall not be deprived of any of the rights and privileges of a board member by reason of being the presiding chairman. 3. Form of address. Each member shall address only the presiding officer for recognition, shall confine himself to the question under debate, and shall avoid personalities and indecorous language. 4. Interruption. A member, once recognized, shall not be interrupted except by the Chairman if the Chairman determines that the member's participation is irrelevant, frivolous or out of order. Any member may appeal the decision of the Chairman to the board for decision by majority vote. 5. The question. Upon the closing of debate, any member may require a roll call vote. Any member may give a brief statement or file a written explanation of his vote. E. Public Comment on General Topics: Members of the public may register to speak on general topics under the Public Comment portion of the agenda. The number of speakers permitted to register under public comment on any given agenda shall be limited to a maximum of five, unless the Chairman recognizes additional speakers. 1. Speaker Registration. Individuals wishing to speak to the board under public comment at any regularly scheduled meeting of the board shall register to speak in writing on the form provided by the County prior to the public comment portion of the agenda being called by the Chairman. F Reconsideration: There shall be no reconsideration of items before the board. G. Conflicts of Interest: Any member having a potential voting conflict shall publicly state the nature of the conflict at the board meeting and complete Form 8B [Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers] within 15 days of the scheduled meeting. ____________________ [Name of Chairman] Chairman ORDINANCE NO. 2017 - 5 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR RE- ESTABLISHMENT OF THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE;PROVIDING FOR APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR THE FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER'S OFFICE; PROVIDING FOR REVIEW; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,on January 29, 1991, the Board of County Commissioners (Board) adopted Ordinance No. 91-10, establishing the County Government Productivity Committee (Committee) to review the efficiency of departments of County government under the jurisdiction of the Board; and WHEREAS, through its adoption of Ordinance No. 2001-37, the Board repealed Ordinance No. 91-10, as amended,to incorporate revisions requested by the Committee; and WHEREAS, the Board subsequently suspended the activities of the Committee via Resolution No.2012-161 at the request of the Committee's Chairman. This was due to the number of vacancies on the Committee and the resulting canceled meetings due to a lack of quorum; and WHEREAS, on November 10, 2013, the Board adopted Ordinance No. 2013-62, which terminated certain advisory boards and committees, including the County Government Productivity Committee, identified as no longer active or necessary and not required by statute; and WHEREAS, the Board desires to re-establish the County Government Productivity Committee to assure the County's taxpayers that all options to conserve tax dollars are being explored and that tax dollars are being used responsibly. 1 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Re-establishment of the County Government Productivity Committee. The County Government Productivity Committee (the "Committee") is hereby re- established to review the efficiency of Collier County divisions and departments as specifically directed by the Board of County Commissioners. The goal of the Committee shall be to ensure that Collier County's taxes are being conserved and used as efficiently as possible. SECTION TWO: Appointment and Composition. A. The Committee shall be composed of seven (7)members who are appointed by resolution of the Board of County Commissioners. Of these seven members, there shall be one member from each of the five County Commission Districts, and two at-large members. Committee candidates for the five County Commission District seats must be nominated by the Commissioner of the District in which the candidate resides for both initial and subsequent terms and receive a simple majority vote of the Board of County Commissioners. The two a-large members can be nominated by any Commissioner,but must receive a four-fifths vote of the BCC for appointment or reappointment. They shall possess special expertise and experience related to managing large organizations. In general terms, the membership shall reflect and represent the community's diverse viewpoints and backgrounds, notwithstanding its principal problem-solving purpose. Upon authorization by the Board of County Commissioners, the Committee may seek private sector expertise in those categories that promote a division's or department's efficiency, productivity, or organization. The Vice Chairman of the Board of County Commissioners or his/her board designee shall serve as a liaison to the Committee and is encouraged to attend all Committee meetings. B. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents and electors of Collier County. C. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners. Which resolution shall set forth the date of appointment and term of office. SECTION THREE: Terms of Office. The initial terms of office of the Committee members shall be as follows: A. Three (3) of the District members shall serve for one (1) year. B. Two (2) of the District members shall serve for two (2) years. C. The at-large members shall serve for two (2)years. 2 Thereafter, each appointment or re-appointment shall be for a term of two (2) years. A member of the Committee may be re-appointed by the Board of County Commissioners for one 1) successive term; however, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION FOUR: Removal from Office; Failure to Attend Meetings. Removal of members from the County Government Productivity Committee shall be in accordance with the provisions of Collier County Ordinance No. 2001-55, as it may be amended or by its successor ordinance. SECTION FIVE: Officer; Quorum; Rules of Procedure. A. Annually the members of the Committee shall elect a chairperson and vice chairperson from among the members. The chairperson's and vice chairperson's terms shall be for one (1) year with eligibility for re-election by the members of the Committee. B. The presence of fifty-one percent (51%) of the current voting membership, but never less than three total, shall constitute a quorum of the Committee necessary to take action and transact business. In addition, an affirmative vote of a simple majority shall be necessary in order to take official action. Furthermore,by simple majority vote,but never with less than 5 members present, the Committee shall adopt rules of procedure for its meetings, and thereafter shall be governed by its Procedures, as adopted and amended from time to time, subject to the approval of the Board of County Commissioners. C. The Committee shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX:Reimbursement of Expenses. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION SEVEN: Functions, Powers and Duties of the Committee. The function,powers and duties of the Committee shall be as follows: A. Upon specific direction by the Board of County Commissioners, the Committee shall evaluate departments and divisions of Collier County Government under the jurisdiction of the Board of County Commissioners to determine if those departments and divisions are operating at appropriate levels of efficiency and effectiveness to meet the expectations of the people of Collier County. Once directed by the Board of County Commissioners,the Committee shall analyze and review the existing structure, organization, staffing, management, operations, business practices, 3 and procedures of the departments and divisions identified by the Board of County Commissioners. B. Each member of the Committee may be assigned to serve on one or more subcommittees. C. The Committee, upon completion of its review of a County division or department, shall prepare a report of findings and recommendations to be submitted directly to the Board of County Commissioners, with a copy of such report and recommendations to be submitted to the County Manager's Office to provide an opportunity for staff review. D. The Committee meetings shall be open to the public and conducted in the Sunshine. SECTION EIGHT: Duties of the County Manager's Office. The County Manager's Office will provide such documentation, information, descriptions of procedures,secretarial support and general assistance to the Committee as may be necessary for the Committee to carry out its functions as set forth herein. SECTION NINE: Review Process. The Board of County Commissioners shall review the effectiveness and procedures of the Committee every four(4)years commencing in January 2022. SECTION TEN: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION ELEVEN: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and may be made a part of the Code of Laws and Ordinances of Collier County,Florida. The section of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "Ordinance" may be changed to "Section," Article," or any other appropriate word. SECTION TWELVE: Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. 4 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 12th day of December 2017. ATTEST: n ?.; BOARD OF COUNTY COMMISSIONERS DWIGH11. BROCK Clerk COLLIER O TY, FLORIDA D u B t BY•Yy_Penny Tay • , Chairmair Attest as to Cl irmati0' signature only`' Approved al to farm and legality: Jeffrey A.il1latzkow, Countyttorrey This ordinance filed with the it+uppry of sIte`s < ff.,.e rhe and ft' acknowledgerne i64,41 that of katrl') i red taxilts cc;), By D c 5 7,1 FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State December 18, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Ann Jennejohn Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2017-53, which was filed in this office on December 18, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.tl.us Larry Magel Began career as a computer programmer/systems analyst at several organizations including the City of Chicago and Midwest Stock Exchange. Developed the first back office computer application for use in law firms and migrated to a 26+ year career as Executive Director at several major law firms. Retired in 2001 from a Wall Street law firm with 750 lawyers and 1100 support personnel with direct responsibility for all areas of the firm not related to the practice of law including finance, human resources, technology, and facilities worldwide. Supervised construction of over 1 million sq. ft. of commercial office space in the US and major financial capitals of the world After retirement, served on the Collier County Coastal Advisory Committee, and Productivity Committee and was elected to the Marco Island City Council serving one year as Chairman. Was a board member of Physicians Regional Hospital and the City of Orlando Audit Committee. Michael Dalby Bio [Short Version] Michael Dalby was named President & CEO of the Greater Naples Chamber of Commerce in March of 2016. He also serves as President of the Leadership Collier Foundation and the Partnership for Collier’s Future Economy. Michael leads an 11-person staff serving some 1,400 members with business connections, public policy engagement, economic growth resources and leadership development services. Prior to talking the Naples Chamber helm, Dalby was President of the Columbus (OH) Chamber of Commerce, and, prior to that led chambers in Indiana, Texas and New Mexico. In all, Michael has 24 years of Chamber of Commerce experience. He is a native of Stephenville, Texas, a veteran of the US Air Force and has degrees from the USAF Academy and the University of Nebraska. Mike Lyster Born in Salina, Kansas and grew up in Kansas City, MO. US Navy service in nuclear submarines. Had career in nuclear power industry at power plants in Vermont, Ohio and Illinois, serving as Licensed Senior Operator, Operations Manager, Plant Manager and Vice President. Since retiring in 2001 as Nuclear Fuel Vice President and since have served on a number of nuclear plant safety review committees and boards, testified in electric rate cases and legal hearings regarding industry spent fuel issues. Currently Chairman of Cooper Nuclear Station (Nebraska) Safety Review and Audit Board. Graduated with Bachelor of Science, Double Major – Physical Science and Business Administration, Magna Cum Laud while working and raising family. Community service includes service to Boy Scouts for over 50 years including Council President in 3 councils, Past Master of Masonic Lodge, School Board Vice Chairman, Lake Erie College Board of Trustees (Chairman of Finance and Assets Committee and Vice Chairman), and Trustee of Jerry Godshaw Jerry Godshaw is a retired economist specializing in taxation, economics and public policy. He began his career as an economist for the government. Prior to becoming a partner at Arthur Andersen and then Deloitte, he was responsible for long term Forecasting at Wharton Econometrics as well as Director of Policy Analysis. Jerry has published a variety of research papers and reports, and was a frequent speaker to business executives and professional conferences. Jerry has also appeared as an expert witness on taxation before the U.S. Congress and state legislatures, and in court in a litigation support role. He was also named one of the world’s leading transfer pricing advisors by the International Tax Review and retired as a principal and economist from Deloitte Tax LLP's Washington National Tax Office. Since retiring, he continues to do some independent consulting and has become involved in a number of civic and volunteer organization in Naples. Jerry is active in his homeowners association, serving as Treasurer and now president of the community association. In addition to mentoring a student with Champions for Learning, he is a member of the Collier Citizens Council and leads their housing committee and serves on the executive committee as treasurer. Jerry also is active in Greater Naples Leadership serving as Chair of the Community Services Committee and on the GNL Board. Jerry received his PhD and M.A. in Economics from the Maxwell School at Syracuse University and his B.A. in Economics from St. Lawrence University. He also studied one year at the University of Vienna.