Agenda 04/26/2011 Item #16K5
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4/26/2011 Item 16.K5.,
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to advertise an ordinance for future
consideration which would amend the Collier County Ethics Ordinance (Ordinance No. 03>-
53, as amended), to provide the opportunity for Commissioners to attend charitable
functions and pay for only the actual cost to attend the event.
OBJECTIVE: For the Board of County Commissioners (Board) to approve the proposed.
amendment to the Ethics Ordinance and authorize the County Attorney to advertise b
amending Ordinance for future consideration. .." .~~~'
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CONSIDERATIONS: Resolution No. 99-410 authorizes Commissioners to be reimbursed for
the cost of attending community and charitable events upon a finding by the Board that the event
serves a public purpose. The issue arose whether it is appropriate under the Collier County
Ethics Ordinance for a Commissioner to not pay the charitable portion of the cost to attend the
event, and seek a reduced rate not offered to the general public. As a result oftbis discussion the
Board directed the County Attorney to draft a proposed amendment to the Ethics Orflinance to
allow Commissioners the option of separating the actual cost of the event from the charitable
donation. To implement this direction, the County Attorney recommends the following change
to the definitional section of the County Ethic Ordinance (Ordinance No. 03-53):
"Gift shall have the definition contained in Chapter 112, Part III, Florida Statutes, with the
following additions and exceptions:
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(2) Exceptions:
"Gift" shall not include:
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CD A rate offered to Commissioners at an event servinp: a valid public purpose. which rate is
less than that offered the general public. that represents the actual cost of the event (such
as food. beverage. and entertainment) to the sponsor. but that does not include the
charitable donation otherwise included in the total cost to attend the event.
Commissioners may contact the event sponsor to seek this rate."
FISCAL IMP ACT: There is potential for a positive fiscal impact if savings are realized.
GROWTH MANAGEMENT IMPACT: 111ere is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The proposed amendment has been drafted by the County
Attorney and is legally sufficient for Board action. This item requires majority vote. - JAK
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4/2612011 Item 16.K.5.
Prepared By: Colleen Green, Assistant County Attorney, and
Jeffrey A. Klatzkow, County Attorney
RECOMMENDATION: That the Board approves the proposed amendment to the Ethics
Ordinance and authorizes the County Attorney to advertise this amendment and return to the
Board for approval.
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4/26/2011 Item 16.K.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5.
Item Summary: Recommendation to authorize the County Attorney to advertise an
ordinance for future consideration which would amend the Collier County Ethics Ordinance
(Ordinance No. 03-53, as amended), to provide the opportunity for Commissioners to attend
charitable functions and pay for only the actual cost to attend the event.
Meeting Date: 4/26/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, County Attorney
4/20/2011 2:17:56 PM
Approved By
Name: Greenwa~dRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 4/20/2011 3:02:31 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/20/20113:04:38 PM
Name:Isackso~ark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/20/2011 3:22:36 PM
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4/26/2011 Item 16.K.5.
ORDINANCE NO. 2011-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003-53, AS
AMENDED, KNOWN AS THE COLLIER COUNTY ETIDCS ORDINANCE, BY
ADDING SUBSECTION FIVE (2)(J) TO ALLOW COMMISSIONERS
ATTENDING AN EVENT SERVING A VALID. PlfflLIC PURPOSE, AND
WHICH RATE FOR THE EVENT INCLUDES A CHARITABLE
CONTRIBUTION, TO SEEK THE RATE REPRESENTING THE ACTUAL
COST OF THE EVENT (SUCH AS FOOD, BEVERAGE, AND
ENTERTAINMENT) WHICH IS LESS THAN THAT OFFERED THE GENERAL
PUBLIC; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 112, Part II, Florida Statutes established a code of ethics and
provide standards of conduct for public officers and employees; and
WHEREAS, the Board of County Commissioner (Board) previously adopted Ordinance
No. 2003-53, known as the Collier County Ethics Ordinance, to complement and enhance the
State standards set forth in Chapter 112, Florida Statutes, and to further the public's trust in their
local government; and
WHEREAS, the Board desires, through this Ordinance, to clarify and strengthen
Ordinance No. 2003-53, as subsequently amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2003-53,
AS AMENDED.
Section Five is hereby amended to as follows:
SECTION FIVE: DEFINITIONS
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Words Underlined are added; Words Struelc ThrougH are deleted.
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4/26/2011 Item 16.K.5.
Gift shall have the defmition contained in Chapter 112, Part III, Florida Statutes, with the
following additions and exceptions: .
(1) Additions:
a. Initiation fees.
(2) Exceptions:
"Gift" shall not include:
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en A rate offered to Commissioners at an event serving a valid public purpose. which rate is
less than that offered the general public. that represents the actual cost of the event (such
as food. beverage. and entertainment) to the sponsor. but that does not include the
charitable donation otherwise included in the total cost to attend the event.
Commissioners may contact the event sponsor to seek this rate."
. SECTION TWO: 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 phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
Words Underlined are added; Words Struck ThTough are deleted.
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4/26/2011 Item 16.K.5.
PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of
ATIEST:
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk
Approved as to fonn
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
,2011.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Words Underlined are added; Words 8truek Thnmgh are deleted.
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4/26/2011 Item 16.K.5.
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RESOLUTION NO. 99.~
A RESOLUTION AUTHORIZING, AS SERVING A VALID PUBLIC
PURPOSE, EXPENDITt1R.ES OF FUNDS FOR COUNTY
COMMISSIONERS TO ATrEND FUNCTIONS OF FRATERNAL,
BUSINESS, ENVIRONMENTAL, EDUCATIONAL, CHARITABLE,
SOCIAL, PROFESSIONAL, TRADE, HOMEOWNERS, ETHNIC, AND
CIVIC ASSOCIA TIONSI ORGANIZATIONS.
WHEREAS, Section 112.061, Florida Statutes, establishes guidelinC$ for the payment of
travel and other expenditures for public officers, including assignmenls of official business
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outside the traveler's regular place of employment; and
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WHEREAS, it serves. valid public purpose for Board members to attend community
functions in order to gather information about County issues and receive input from the public;
and,
WHEREAS. it is in the best interests of the public for Board members LO attend functions
of the referenced associations I organizations to keep the public informed as to the legislative
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process of the CounlY; Ind
WHEREAS, the Board desires 10 clearly specify the categories ortravel and attendance IU
civic functions which arc appropriate for paymcnt in accordance with Florida law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORJDA, that:
1. The Board hereby finds that attendance at the functions listed in paragraph 3 hereof
serves valid public purposes including, but not limited to: communication with the
public, gathering of information about Board issues, and providing fcedback to the
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public about County matters and the lc:gi51~livc process.
The amounts to be expended by the County for Board member attendance andlor
participation in thc functions referenced in paragraph 3 shall be budgeted by the
Board of County Commissioners.
A Board member may seek Board approval for the payment for hislher a.ttendance It
functions of fratcrnal, business. environmental, educational charitable, social.
professional. trade, homeowners. elhnic, and civic associations f organizations,
provided that said functions reasonably relate 10 Collier County mauers. The
a!tached form entitled "Request for Approval for Payment to Attend Functions
Serving B Valid Public Purpose" may be placed on the Board or County
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4/26/2011 Item 16.K.5.
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Commissioners' Consent ABenda to sain the Board's approval for expenditure of
County funds to attend paniculaf (unctions.
This Resolution adopted this ~.d.y or ~\lL"'o.cD . J999 after motion. second
and majQ~ty vote ravoring Slme.
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. ;.,.'....'~:.DWlOHT E. BROCK, Clerk
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". ~.~.9J.~tY~S~Mb form and
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BOARD OF COUNTY COMM'ISSIONERS
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PAMELA s. MAC'KIE, C irwoman
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. R.amiro MalIalic . ,
Chief Auistant County Attorney
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4/26/2011 Item 16.K.5.
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COMMISSIONER. REQUEST FOR-APPROVAL FOR PAYMENT TO ATTEND
FUNCTION(S) SERV1NG A VALID PUBLTC PURPOSE
Pursuant to Rcsolution No. 99-----' the Board of County Commissioners has
determined that attendance at the functions of fraternal. business, environmental,
educational, charitable, social, professional, trade, homcowners. ethnic, and civic
I.Ssociations I organizations serves a valid public purpose, provided that said functions
reasonably relate to Collier County maners.
In accordance with Resolution No. 99-----, Commissioner
hereby requests that the Bo~d of County Commissioners approve for payment by the
Clerk hislher attendance at the foIl owing function I event:
Function I Event:
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Public Purpose:
Date of Function I Event:
Amount to be paid by the County:
Mileage:
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4/26/2011 Item 16.K.5.
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ORDINANCE NO. 2004-...Q,L ~ .
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AN ORf)lNANCE OF COLLIER COUNTY. FLORID ~ ~~
AMENIHl'iG ()RmNANCI~ NUI\.JnER 2003-53 KNOWN AS ~szw;tt1.'fi
TilE COLLIER COUNTY I!:THlCS ORDINANCE;
f>ROVmING A TlTLE ANI) CITATION; I'ROVIDINC;"
SCOPE; I'RovmING A STATEMENT Ole' POLICY;'
PROVIDING FINDINGS; PROVIDING DEl<'INITIONSj
))){OVmING STANDARDS OF CONDUCT; PROVIDING
FOR LOnUYIST REGISTRATION; PROVIDING FOR
I)OST-EI\WLOYMENT RESTRICTIONS; PROVIDING. .
SUPPLEMENTAL PROVISIONS; PROVIDING: :. _
PENALTIES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN TilE
CODE OF LAWS AND ORl>INANCESj AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Chupter 112, PUl1 III, Florida Statutes, establishes a code of ethics and
provides standurds of conduct for public officers and employees; and
WHEREAS, the Board previously adopted a Collier County Ethics Ordinance tn
complement und enhance the Stilte standards set forth in Chapter 112, F10ridu Statutes, in order
to further the public's trust in their local government; and
WHEREAS, the Board desires, through Ihis Ordinance. to clarify and strengthen the
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Collier County Ethics Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Code of Laws and
Ordinances of Collier County, Florida, shull read as follows:
SECTION ONE: TITLE AND CITATION
This Ordinance shall be known and cited as the "Collier County Ethics Ordinance."
SECTION TWO: SCOPE
This Ordinance shall apply to all public servants of the Collier County Board of County
Commissioners, which includes public officials. whether elected or appointed, and all county
employees.
SFcrION THREE: STATEMENT OF POLICY
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It is the public policy of Collier County that public servants work for the benefit of the
citizens of Collier County. It is the responsibility of each public servant to act in a manner that
contributes to ensuring the public's trust in its government. In particular, to always be honest
with the public they serve, and to be good stewards of the tax dollars entrusted to them. To this
end. an individual covered by this Ordinance shall (l) not use his or her position as a public
servant for unlawful gain or enrichment, (2) avoid conduct that gives the llppellr.lnCe of
impr?priety in the performance of his or her public duties, and (3) not accept any items of value
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Words struGI, Iluel:lgll are deleted, words underlined are lidded.
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4/26/2011 Item 16.K.5.
if the public servant knows or reasonably should have known that it WIIS given with the intent to
reward or influence him or her in the performance or nonperformance of his or her pu~lic duties.
The slmcmcnt or policy and general stand:lrus of conduct set forth in this section arc nOI subject
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to lhe penalties pruviued for in this Oruimmce.
SECTION FOUR: FINDINGS
(ll) The report submitted to the Collier County Board of County Commissioners ("Board') on .
September 15, 1998. by the Ad Hoc Ethics Standards Review Cllmmillcc ("Commillcc").
rccommemlcd lhe adoption of a (oc:II ethics code.
(b) The Bourd onds that the legislative intent and declarution of policies set forth in Section
112.~ II, Florida Statutes, sets forth II laudable philosophy regarding the purpose, scope and
llpplication of ethics laws in relation to county officers and employees. Moreover, the Board also
finds. based on the Committee's report. thllt additional, more stringent requirements are needed
with regard to lobbyists, gifts, and POsl-county employment restrictions in order to promote und
protect lhe public trust in its local government.
(c) Section 112.326. Florida Statutes, authorizes the Board to impose more stringent
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slandards of conduct and disclosure requirements. beyond those specified in Chllpter 112. Part
m, Florida Statutes, upon its own officers and employees provided that said standards of conduct
lInd disclosure requiremenls do nol otherwise conflict with Chapter 112, Part Ill. Florida Slatules.
(d) Section 125.69(1), Florida Statutes, provides. in pertinent part, that violations of county
ordinances shall be prosecuted in the same manner as misdemeanors are prosecuted. Such
violations shall be punished by a fine not to exceed $500.00 or by imprisonment in the county
jail not to exceed sixty (60) days or by both such fine and imprisonment. The Board further
finds that an efficient and effective method for the determination of allegations of violations of
the additional more stringent ethical standards set forth in this Ordinance is through local
enforcement thereof.
(e) Section 112.313(13), Florida Statutes, authorizes the Board to adopt an ordinance
establishing post-employment restrictions for certain designated count~ employees.
(f) The Board finds that preservation of the integrity of the governmental decision-making
process is essential to the continued functioning of an open government. Therefore, in order to
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Words flL.-uek thrsifgll are deleted, words underlined are added.
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preserve and nluinlain the integrity of Ihe process and to belleI' infOl'm the citizens of efforts 10
influence"legislative bnmch llction, the Board finds it appropriate to require public registration
and disclosure of the identity of cel1ain persons who attempt to influence uctions of the Board or
;'.:t1ons of any of the County's quasi-judicial boards.
(g) Section 112.3148(2)(b), Floridn Stlltutes, uuthorizes the Board to establish u local
registration process for lobbyists. The Boul'd finds thm sllch a registration process selves to
promotc und protect govem~entul integrity as well as to foster open government. T~e Board
further finds that sucb a public registration process for lobbyists may assist to promote full
compliance by lobbyists with the lobbyist gift reporting requirements set forth in Section
112.3148, Florida Statutes.
(h) The Board linds that more stringent requirements are needed with regard to the valuc ot'
gifts that may be provided by lobbyists to public officers and employees beyond the standurds set
forth in Section 112.3148. Florida Statutes. Specifically, the Board finds rhat a zero gift limit,
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rt',her thun $100.00 as set forth by Section 112.3148, Florida Stututes. should be enacted in order
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to belieI' promote and preserve the integrity of the governmental decision-making process.
(i) The Board finds that additional gift prohibitions are necessary for public officials
prohibiting the receipl of any gift or any other thing of monetary value from anyone who the
public official knows or reasonably should know is any way attempting to affect rhe official
actions, business or finances of the county or from anyone that has an interest that may be
substantially affected by the penOlmanee or nonperfonnance of duties of a public official. The
Board further finds that prohibitions are necessary in regard to gifts between official superiors
and subordinate public officials in order to preserve the ethical integrity of the performance of
. public service by County human resources.
(j) Collier County Office of the County Administrator, Administrati ve Procedure, Instruction
5311(F) (Code of Ethics/Standards' of Conduct), restricts Collier County employees from
receiving gifts or other items of value in connection with the performance of official duties.
Said're~trictions exist separate and independent from the pro.visions of this Ordinance and Part
m, Ch. 112, Florida Statutes.
(k) Nothing in this Ordinance shall be construed to chill, restrict or prohibit the free e<\ercise
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Words strHelt tAfBligfl are deleted. words underlined are added.
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of any citil'.cn's constilutiona]lighls, including, but not limited to, the righl to petition his or her
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County government or exercise his or her rights of free speech.
SECTION FIVE: DEFINITIONS
(u) For the purposes of this Ol'dimmce, the definitions contuined in Chupter 112, Purt m,
Florida Statutes, shull upply .md control, in Olccordance with the subject matter, unless the text
:md/or context of this OrdimlnCC provides otherwise.
Adl.i.\'()f)' Bo(ml Member means uny person appoinled by the Bourd of County Commissioners
to any County board, committee or authority which has any final decision-making uuthority.
Such Bourds include, but are not limited to:
Airport Authority
Collier County Code Enforcement Bourd
Collier County P/unning Commission
Conlractors Licensing Board
Library Advisory Board
Public Vehicle Advisory Committee
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Utility Authority
COUl/ty Emplovee shall mean any emolovee of Collier County. regardless of whether the
emnloyee is ultimately suoervised bv the Board of County Commissioners the County MlImlPer
the COllnty Attornev. the Airport AUlhoritv or Ihe Executive Director of Ihe Airport Authoritv.
Coullty MUllugericl/ Employee shall meun the County Manager, Assistunt and/or Deputy
County MlInuger. County Attorney, Chief Assislant County Attorney and all Division
Administrators, and Department and Authority Directors of Collier County Government. Also
included in this definition are those county employees actively engaged in selecting contractors
or in supervising, overseeing, or vouchering for contract performance.
Gift shall have the definition contained in Chapter J 12, Part m, Florida Statutes, with the
following additions and exceptions:
(1) Additions:
Il. Initiation fees.
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(2) Exceptions:
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"Girl" shull not include:
a. Slll(lI'Y. bcnclils, services, fees. commissiuns, girls, 01' expenses llSS(lCillleu solely
wilh the uonce's nOIl-counly employment. busintlss. or service as llll emnlovec,
official or director of a corporution or orgunizution. However. for Durooses of Ihis
exem tion from the definition of" 'ft" in this Ordinance ublic servants mll
nnn-collnl em In ment or economic activit unes nm create a conniet of inlcresl
as defined b Section 112.3128 FJoridll Slatutes i.(!. u situution in which rC'llrd
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or interest. und 2
all a
administrative
sueh non-count
emolovment or economic lIctivitv are followed.
b. Contributions or expendilures reported pursuant 10 Chapter 106, Florida Stututes,
campaign-related personal services provided wjthout compensation by individuals
volunteering their lime, 01' any other contribution or expenditure by a political
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puny.
c.
Gifts received from relatives. us defined in this section, or gifts received from u
person who shares the same permanent legal residence at the time of the gift.
However, no emflls)'ee public servant shall participllte in the selection of a vendor
or the approval of 1I contract if that employee has received a gift from someone
representing the vendor or II contrucLing party, including gifts from relatives.
Furthennore no ublie servant shall
decisions if that employee has received a 2ift from the oermit or insoection
incJudiOl~ ~ifts from relatives.
d. Food or beverage accepted when (i) offered fn:e in the course of a professional or
civic meeting or group function at which lIttendllnce is desirable because it will
assist the person in performing his or her otTicial duties; or (ii) provided to all
panelists or speakers when a person is participating as, a panelist or speaker in a
program, seminar, or educational conference.
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In addilion to all other circumstances where this Ordinance allows public servants
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10 accept food and bevemges, and notwithstunding lIny other section of this
Ordinance or personnel manual to lhe contrury, public ofticials and ull county
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cmplu}'ces 111.IY m.:ccp[ root! or bc\'eruge us mentioned uhovc in this SUhSCClilln
and consumed ut a single silting or event only if the COSIS for suid food 01'
beverage do nOI exceed the rate for the appropriate per diem allowance for said
meal as provided in Chapter 112, Florida Statutes. If, under circumstances
beyond the control of the donee, the costs exceed the per diem rUle, Ihe donee m:1Y
accept said food ur beverage but shull File u wnUen disclosure stalement within
five working days uf the acceplance Wilh the Cuunty Mamlger on a f(lfm provided
by the County Manager.
The value of food or beverages, for pU'l)Qses of this subsection, shall be the price
thut the consuming public would be expected to pay for the same ilem(s).
e. Unsolicited advel1ising or promotional material such as pens, pencils, notepads,
calendars, and other items of nominal commercial vulue may be accepted from
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individuuls or entities lhat are not currently in a contr.Jctu,1I relationship or
reasonably likely to seek a contractual relationship with Collier County.
Unsolicited job-related literature muy be accepted as well.
f. Gifts given tor panicipution in a program, seminar, or educational conference
when such gifts are:
1. Of nominal commercial value, and
2. Tn the nature of u remembrunce traditional to the panicular sponsoring entity,
or
3. Provided to all panicipants in the program.
g. An award, plaque. certificate, or similar personalized item of nominal commercial
value given in recognition of the donee's public, civic, charitable, or professional
service.
h. A rate or terms on 11 debt, loan, goods, or services. which rate and tenns are
customary and are at a government rate and terms available to all other similarly
situated government employees or officials, or rates and tenns which 'are available
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to similarly siluulcd members of the public by vil1ue of occupation, affiliation.
age, religinn, sex, tlr nalional urigin.
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Food or bever.II~:e items when offered as II cuslomuTV Ctlurtesv to all utrendees ul
any business meetinl! or business activity lit which attendance by the public
job duties or county responsibilities. orovided thut such food or beverJge items
would have 11 reasonablv estimated value or no more than $4.00 to any m~mber of
Ihe consuming Dublic. 8y way of examole. such food and beverage items may
include a CUD of coffee. a soda. bottled water. cookies or donuts.
Lobbying shull meun, for EItTeel compensation: influencing or attempting Lo influence
legisl,llive or quasi-judicial action or non-uction through onll or written communication or un
attempt to oblain the good will of II member or employee of the BOard or of a Collier County
advisory board Dr a quasi-judicial bourd.
Lobbyist shall mean:
(I) Any natural person who. for 6treeH:ompensation, seeks, or sought during the preceding
twelve months, to influence the governmental decision-making of a reponing individuul
or procurement employee or his or her agency or seeks, or sought during the preceding
twelve months. 10 encourage the passage, defeat, or modification of any proposul or
recommendation by the reponing individual or procurement employee or his or her
agency.
(2) A person who is employed and receives pa)'mcnt, or who contracts for economic
consideration, for the purpose of lobbying, or a person who is principully employed for
governmental affairs by another person or governmenlul entity to lobby on behalf of thut
other person or governmental emity.
(3) A person who registers with the Board as a lobbyist pursuant to this Ordinance.
(4) Attorneys representing clients in quasi-judicial matters are not considered lobbyi!\ts or
engaged in lobbying since. as judicial officers. their conduct is regulated exclusively by
the judicial branch. However, attorneys representing clients. or intcrests in legislative
matters, for 6Heet compensation, ure engaged in lobbying and are subject to the
provisions contained in this Ordinance.
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Words struck tRr~l:IgA ure deleted, words underlined arc uddcd.
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Nomina! Commercia! Vulue means anything with a value of less than $50.00 in the
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marketplace.
Principal shllll mean the person, lil'm, cOIlloration, or other entity that has employed or
retained alobbyisl.
PmclIremem Em !o\'ee
decision II
TOVlI! recommendation
innuendn" [he COnlenl of:1II s ec:ificalion 0'1' rocuremcnt stllndurd renderin of advice
investi ation or auditin
services or commodilies.
Public' Of/ici(1l means members of the Board of County Commissioners, advisory board
members, :tnd county mllnagerial employees.
Public Sen'am includes all public officials, 115 aCHaca lIeavf)", and all county employees~ eHfle
Bellf'tl ef CeliRt)' CemmissieRers. as defined in this Ordinance.
Relative, as used in this Ordinance, is one who is related to !mother by blood, marriage, or
:adoption. The following relationships are included in this definition: hushand, wife, pllrcnl,
.
child, brother, sister, grandparent. gT'.!ndchild, uncle, aunt, nephew, niece, first cousin, falher-in-
law. mother-in-Jaw, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother. stepsister, step gnlOdparent, step grandchild, half
brother, and half sister.
Re orrin Individual means an
Section 8 of the State Constitution or Section I 12.3145. Florida Statutes. to file full or limited
ublie disclosure of his or her financial interests or an individual who has been elected to but
has vet to officiallv assume the resDonsibilities of. Dublic office.
SECTION SIX: STANDARDS OF CONDUCT
(a) A public servant shall not accept a gift, directly or indirectly, if he or she 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~
(b) No public servant shall participate in the selection of a ve.ndor or the approvlll 'of u
contrnct if that employee has received a gift, directly or indirectly, from someone representing the
vendor or a controlCting party, including gifts from relatives. Furthermore. no Dublic servant shall
.
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4/26/2011 Item 16.K.5.
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')anici
ection decisions if that em 10 ee has received II jft from the
im:luding !!ins fmlll rd:lli\'cs.
(c) The following provisions regarding gifts from lobbyists are enacted as additional llnd
more stringent standards of conduct and disclosure requirements than those specitied in Section
I 12.3148, Florida Slutules:
(I) A reponing individual or procurement employee or any other person on his or h~r hchulf
is prohibited from knowingly ~lccepljng, directly or indirectly, a gift from ~l politic:l1
commiltee or u committee of continuous ellistence, as detined in Section 106.011, Florida
Statutes, or from a lobbyist who lobbies the reporting individual's or procurement
employee's agency, or directly or indirectly on behalf of the partner, finn, employer, or
principal of a lobbyist. However, such a gift may be accepted by such person on behalf of
a governmental entity or II charitable organization. If the gift is accepted on behulf of a
governmental entity or chmitllble organization, the person receiving the gift shull not
.
maintain custody of the gift for any period of time beyond that reasoO<lbly necessary to
ammge for the lrunsfer of clIstody and ownership of the gift,
(2) A political committee or a committee of continuous existence, as defined in Section
106.0 II, Florida Statutes; a lobbyist who lobbies a reporting individual's or procurement
employee's agency; the partner, firm, employer or principal of a lobbyist; or another on
behalf of the lobbyist or partner, firm, principal, or employer of the lobbyist is prohibiled
from giving, either directly or indireclly, a gift to the reporting individuul or procurement
employee or any other person on his or her behalf; however, such person may give a gift
to a reporting individual or procurement employee if the gift is intended to be transferred
to a governmental entity or a charitable organization.
(3) The rohibitions set fonh in thi
c 2 lIbove are not intended to
candidate for elective oublic office from acceoting camDail!O contributions to the extent
allowed bv state or federal law.
(d) The following gift prohibitions for public officials are enacted as additional and more
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stringent standards of conduct than those specified Section 112.3148, Florida Statutes:
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4/26/2011 Item 16.K.5.
(1) Public officials shall not solicit or accept, directly or indirectly, any fee, compensation,
.
gift, gratuity, favor. food, entertainment. loan, or any other thing of monetary vulue, from
lmYllnc Whlllhc puhlic orticial knows or remamably should know:
a. Has. OJ' jg seeking 10 obtain, conlr.lctuaJ or other business or timmcial rehnions
with the county department or board with which the public official is affiliated.
b. Conducts or represenls a person or entity that conducts operutions or activities that
are regulated by the county department or board with which the public ~fficial is
affiliated.
c. Is seeking .wning, permitting, ur inspection approvul frum the county depal1ment
or board with which the public official is affiliated.
d. Has interests that may be substantially affected by the perfonnance or non-
pcrfonnance of duties of the county public official.
c. Is in any way attempting to affect the official actions of the county public official.
This paragraph is not intended to prohibit a public official from obtaining a loan from
a financial institution at a rate and terms available to all other similarly situated members of the
.
public by virtue of occupation, affiliation, age, religion. sex, or national Oligin.
(e) No public official shall solicit a contribution from another person for a gift to an official
superior. make II donation liS a gift to an official superior, or accept a gift from II subordinate
public official.
(0 No public servant shall solieit a contribution from another person for II gift to a supervisor,
make u donation as a gift to a supervisor, or accept a gift from an cmployee he or she supervises,
except as provided in subsection (g).
(g) Nothing in this section shall prohibit donations or giving gifts of nominal commercial
value made between or amongst public servants on a spccial occasion or an establishcd holiday.
A special occasion, os contcmplated in this section, includes those times when it hIlS been
regarded as customary to give a gift, such as a birthday, a wedding, the birth of a child or a
grandchild, an adoption, a graduation. a promotion. pennanent departure from the workplace or
community, hospitalization, the loss of a loved one, retiremcnt, or oth~r similar occurrences. Nor
does this paragraph prohibit public servants from participating in fund-nlising activities for
charitable purposes.
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(h) This section does not apply to items of value excepted out of the definition for u gift
SECTION SEVEN: LOBBYIST REGISTRATION
(a) AlIlubbyists shall, before engaging in uny lobbying activities, register wilh Ihe c1crk to Ihe
hoard loc.lled <It thc board minutes :md records department. Every lobbyist required to so register
shall: registcr on forms prepared by the clerk; pay un unnual registr.llion fee of $25.00; and state
under oalh his or her nume, business nume and address, and the name and business address of
each person or entity thaI has employed said registrant to lobby, as of the date of said reglstr.Jtion.
The regiSll'ation shall be un unnual registmtion and shall not require additional registnllion or
amendment to Ihe registrution form by the lobbyist even if the lobbyist subsequently cngages in
lobbying for addilional persons or emities. The purpose of the registration is merely to identify
the registmnt as a lobbyist. fl'. subsequent to the registrdtion, the registrant ceases to act as a
lobbyist, the registrant may file a request, on a form provided by the clerk. to not be listed as a
lobbyist. However, pursuant to Section 1 12.3148, Florida Statutes, said registrant shall continue
to appear on the list of lobbyists until the expiration of the time period set fonh in said statute. rn
.
the event that the registnmt neither withdraws nor re-registers, the registrant shall be placed on a
"lobbyist status unknown" list for a period of 12 months from the expirution of the annual
registration. The registration fee of $25.00 is nonrefundable.
(b) Annual registration shull be required and shall initially commence on M.lrch 22, 1999.
Thereafter, unnual registration shall occur on or after October 1, of each year. Registration by
lobbyists shall occur at uny time during the calendar year provided that it occurs prior to the
lobbyist engaging in any lobbying aClivity.
(c) The registration fee required by this section shall be maintained by the clerk to the board
and shall be deposited into a separate fund to be expended for the purpose of administering and
maintaining the lobbyist registration list as well as to cover other related costs. Lobbyists shall
not be charged a fee for filing the form for removal from the lobbyist list.
(d) The following persons shall not be required to register as lobbyists:
(1) Any public officer, employee or appointee who appears in his or her official capacity.
(2) Law enforcement personnel conducting an investigation.
.
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(3) Any person who only appears in his or her individuul cupacity for the purpose of self-
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representation without compensation or reimbursement, whether direct, indirect or
contingent, to express support or opposition to any item.
(4) Any person who only appears as a representative of II neighborhood IIssociution without
special compensations or reimbursement for their appear.mee. whether direet, indirect or
contingcnr, to cxpress support or opposilion to any item.
(5) Attorneys representing clienls before a quasi-judicial body.
(e) The clerk to the board shall keep accurate and complete records regarding lobbyist
registralion including an up-ta-date list of all lobbyist registrations, lobbyists withdruwals from
the list and II "lobbyist Status unknown"list.
{f) A registr.llion form that is not renewed (along with payment of the S25.00 annual
registration fee) by October I of each year, shall expire and may not thereafter be relied upon by
the lobbyist for lobbying activities.
(g) The validity of lIny action or determination of the board or of any county personnel, board
or comminee, shall not be affected by failure of any lobbyist to comply with the provisions of
.
this section.
SECTION EIGHT: POST.EMPLOYMENT RESTRICTlONS
(a) No county manllgerial employee shall personally represent another person or entity for
compensation before the Board of County Commissioners or any of its divisions, departments,.
agencies, or boards for a period of two years following vacation of office, resignation of
employment, or terminution of employment, as applicable, except for the purposes of collective
bargaining.
(b) For a period of lwo years following vacation of office, resignation of employment. or
termination of employment, as applicable, except for the purposes of collective bargaining, no
county employee shall personally represent another person or entity for compensation before the
Board of County Commissioners or any of its divisions, depanments, agencies, or boards on 8
matter in which he or she had material personal involvement durlng his or her period of county
employment.
SEcrlON NINE: SUPPLEMENTAL PROVISIONS
This Ordinance sets fonh more stringent supplemental standards of conduct in addition to the
requirements of Chapter 112, P:ln III, Florida St.ltutes, en[itled "Code oJ' Ethics I'llI' Public
Officers and Employees." This Ordinance shall not be construed to authorize or permit any
.
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4/26/2011 Item 16.K.5.
conduct or uctivit~ that is in violation of Chapter 112, Part m, Florida Statutes. In the event of II
conflict hetween the provisions of this Ordinance lInd Chapter 112. Pllrt III. Florida Statutes, the
more restriclive/stringent provisions shall upply.
It shull be the duty of each commissioner and of all county managerial employees and
reporting individuals to become familiar with the Collier County Ethics Ordinance. To this end,
the human resources director shall annually distribute to each such person a current eopy of the
"Florida Commission on Ethics Guide to the Sunshine .Amendment and Code of Ethics for
Public Employees" (or similar Florida Commission .on Ethics publication) and a copy of this
Ordinance. The specitic duties set forth in this section of the Ordinance regarding familiurity
\'. ith the ethics rules and distribution of informative materials shull not be subject to the penalties
set forth in this Ordinance.
SECTION TEN: PENALTIES
Pursuant to Section 125.69, Florida Statutes, a person who violates uny provision of this
Ordinance shall be subject to prosecution in the name of the state in the manner as misdemeanors
. .
are prosecuted; and, upon conviction, such person shall be punished by u fine not to exceed
$500.00 or by imprisonment in the Collier County Juil not to exceed sixty (60) days or by both
such fine and imprisonment.
SECTION ELEVEN: AMENDING ORDINANCE NUMBER 2003-53
Collier County Ordi nance Number 2003.53. known as the Collier County Ethics Ordinance,
is hereby amended as of the effective date of this Ordinance.
SJ:CTION TWELVE: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicuble law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portion.
INCLUSION IN THE CODE OF LA WS AND ORDINANCES
The provisions of this Ordinance shall become and be made a pllrt of the Code of Laws
and Ordinances of Collier Counly, Florida, umending Collier County Ordinance Number 2003-
53. The sections of the Ordinance may be renumbered or re-Iettered t~ accomplish such, and the
wClrd "ordinance" may be changed to "section," "article," or any other appropriate word.
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4/26/2011 Item 16.K.5.
EFFECTIVE DATE
.
This Ordinance shall qecome effective upon filing with the Depattmcnt of 'State,
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of
,2004.
ATIEST. .:.... ~'IU:Uiltll
. ... t .:.f;".~ 11'1'
Dwight E.B~..C~~~~~~~
: . ,~'/j :~;:-,:" ~""'~~'-\
By:~...{;t:!:'~; :~'l.b(!"
DEPU'f.'(. .~~~;.~~:
Attest 'It : tiO'tbl'f~" :;.
I . ',' . n s
s gnature "on1 t..:":" .'
Approved as to fonn and legal sufficiency:
i. .}11~~~h /l..#j'
Michael W, Pettit
Chief Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
:~ro!f~RID:;~
Donna Fiala, CHAIRMAN
PL.
.
.
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4/26/2011 Item 16.K.5.
.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial circuit, Collier County, Florida, do
hereby certify that the foregoing,is a true and correct
copy of:
ORDINANCE 2004-05
Which was adopted by the Board of County Commissioners
on the 27th day of January, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
.
County Commissioners of Collier County, Florida, this 14th
day of January, 2004.
DWIGHT E. BROCK
..l'l..I"lIl~", .
Clerk of Courts.. a~~.L'e'.l;lt
Ex-officio to.eo.a~~~:oi)~~~
I . . " to .I,. ~-i'.~
County Comm~s9;i.p'~'e.r~ ..:-[,.1:.
: "':" ,~:.' ..:~.~ ~s
~ a ~.~.; r:.}:- . %-7 r~~~
. '. .: '~:: ~:. -: r , .:.::'
. . ,,1.' : - . .,.,t::. I I .OJ ..:.; ~
. . ,"'Jr' ...f . 0'....
.-:; !o, ... . __.:.~! .',. ::
By: Linda A. . H~'u ~~X'.;.~:. ....'l.l"
Deputy Clerk~':';:1. :~~;'J":"
.. . 01;" ,,0:1'.
.
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