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Agenda 05/10/2011 Item #17A 5/10/2011 Item 17.A. EXECUTIVE SUMMARY Recommendation to adopt an ordinance 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 tbe Board of County Commissioners (Board) to approve the proposed amendment to the Ethics Ordinance. 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 Ordinanee for a Commissioner to not pay the eharitable portion of the cost to attend the event, and seek a reduced rate not offered to the general public. As a result of this diseussion the Board direeted the County Attorney to draft a proposed amendment to the Ethics Ordinance to allow Commissioners the option of separating the aetual cost of the event from the charitable donation. To implement this direction, the County Attorney reeommends the following ehange to the definitional seetion of the County Ethic Ordinance (Ordinanee No. 03-53): "Gift shall have the definition contained in Chapter 112, Part Ill, Florida Statutes, with the following additions and exeeptions: *********** (2) Exceptions: "Gift" shall not include: *********** (il A rate offered to Commissioners at an event serving a valid DubHe purpose. whieh rate is less than that offered the general publie. that represents the aetual cost of the event (such as food. beverage. and entertainment) to the sponsor, but that does not inelude the charitable donation otherwise included in the total cost to attend the event. Com1l1issioners may contaet the event sponsor to seek this rate," At its April 26th meeting, the Board authorized the County Attorney to advertise the proposed Ordinance for future eonsideration. FISCAL IMPACT: There is potential for a positive fiscal impaet if savings are realized. GROWTH MANAGEMENT IMPACT: There is no GrO\\th Management Impaet assoeiated with this Executive Summary. - Packet Page -1009- 5/10/2011 Item 17.A. LEGAL CONSIDERATIONS: The proposed amendment has been drafted by the County Attorney and is legally suffieient for Board action. This item requires majority vote. - JAK RECOMMENDATION: That the Board adopts the proposed Ordinance amending the Collier County Ethics Ordinanee to provide the opportunity for Commissioners to attend charitable funetions and pay for only the aetuaI cost to attend the event. Prepared Bv: Colleen Green, Assistant County Attorney, and Jeffrey A. Klatzkow. County Attorney 2 Packet Page -1010- 5/10/2011 Item 17.A. COLLIER COUNTY Board of County Commissioners Item Number: 17.A. Item Summary: Recommendation to adopt an ordinance 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: 5/10/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 4/26/201] 3:42:57 PM Approved By Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 4/27/2011 9:45:43 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/28/20119:58:]3 AM Name: OchsLeo Title: County Manager Date: 5/1 /201 I 11 :05:28 AM Packet Page -1011- 5/10/2011 Item 17.A. ORDINANCE NO. 20ll-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003-53, AS AMENDED, KNOWN AS THE COLLIER COUNTY ETHICS ORDINANCE, BY ADDING SUBSECTION FIVE (2)(J) TO ALLOW COMMISSIONERS ATTENDING AN EVENT SERVING A VALID PUBLIC 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 eode of ethies and provide standards of eonduct for public offleers and employees; and WHEREAS, the Board of County Commissioner (Board) previously adopted Ordinance No. 2003-53, known as the Collier County Ethies Ordinanee, to eomplement and enhance the State standards set forth in Chapter 112, Florida Statutes, and to further the public's trust in their loeal government; and WHEREAS, the Board desires, through this Ordinance, to elarify 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 ****** Words Underlined are, Packet Page -1012- Fffilgli are deleted. Page 1 of3 5/10/2011 Item 17.A. Gift shall have the definition contained in Chapter I 12, Part Ill, Florida Statutes, with the following additions and exceptions: (J) Additions: a. Initiation fees. (2) Exeeptions: "Gift" shall not include: '" * * * * * (j) A rate offered to Commissioners at an event serving a valid public purpose. whieh 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 inelude the eharitable donation otherwise included in the total cost to attend the event. Commissioners maV'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 uneonstitutional by any court of eompetent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and sueh 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 "ordinanee" may be ehanged to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinanee shall be effective upon filing with the Department of State. Words Underlined are Packet Page -1013- ~ are deleted. Page2of3 5/10/2011 Item 17.A. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ,2011. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Words Underlined are Packet Page -1014- 'li'<*lg/> are deleted. Page 3 of3 5/10/2011 Item 17.A. 'to",. - -.'/e- .,.... . ~.;.r,: i OElDO , .BMD~ ~ . ~ ff AN OR/lINANCE OF COLLIER COUNTY, FLORm l'I!> ~Ii. ,\MENIJIJ\;G OIUlINANCE NUMIlER 2003.53 KNOWN AS ~~t>l:tt1.'L TilE COLLIER COUNTY ETHICS ORI>INANCE; I'ROVIIlING ,\ TITLE ANI> CITATION; I'ROVmlNG SCOI'E; I'ROVIIJING A STATEMENT OF POLlC\'; I'ROVII>ING FJNI>INGS; I'ROVIDING IJEFINITlONS; I'IHlVIIlING STANDARDS OF CONDUCT; I'ROVIIJING FOR LOIlIIYIST REGISTRATION; PROVIIJING FOR "OST.EMI'LOYMENT RESTRICTIONS; PROVIDING SUPPLEMENTAL PROVISIONS; I'ROVIDING !'ENALTIES: PROVIDING FOR CONFLICT ANI) SEVERAIlILlTY; PROVIDING ~'OR INCLUSION IN TilE COI>E OF LAWS ANI> ORnINANCES; ANIJ I'llOVmlNG AN EFFECTIVE DATE. ORDINANCE NO. 20414-...22.. WHEREAS, Clwpter 111, PUI1 III, Florida St<:ltutes, establishes 11 code of elhics and provides standards of conduct for public officers und employees; "nd WHEREAS, the Board previously adopted a Collier County Ethics Ordinunce to complemenl and cnhunce the St.lle stundurds sel forth in Chupter 112, Floridu Statutes, in order 10 further the public's trust in (heir local government; and WHEREAS. the Board desires, through lhis Ordinance, to clarify und strengthen the Collier County EthICS Ordin:mce. NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. Ihal the Code of Laws and Ordinances of Collier County, Floridu, shull rcad as follows: SECTION ONE: TITLE AND CITATION This Ordinance shull be known and cited us 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. SFfTION THREE: STATEMENT OF POLICY It is tne public policy of ColUer County thar 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 <!/ways be honest with the public they serve, and 10 be good stewards of [he tax dollars entrusted 10 them. To this end. an individual covered by this Ordinance shall (1) not use his or her poshion as a public servant for unlawful gain or enrichment, (2) avoid conduct that gives the appe;.mmce of impr~priety in the performuncc of his or her public duties, nnd (3) not accept any items of value I - Words !>~R::J5L IArsl:tgl1 are deleted, words underlined me ndded. Packet Page -1015- 5/10/2011 Item 17.A. if the public servant knows or reasonably should have known that it was given with the intent to rew<lrd or influence him or her in the performance or nonperformance of his or her public duties. The SIi.Hcmcn! or policy .md general sumdanJs of condllct set fonh in this scclion arc not suhject 10 lbe p(,;nultir.:s proviucd for in this OnJiniJncc. SECTION FOUR: FINDINGS (i.t) The repoT1 submitted to the Collier County Board of County Commissioners ("Board') on September 15, 1998. hy the Ad Hoc Ethics Standurds Review Committee ("Commiltcctl), recommended the auo(1lion of .a Inc:Ii ethics code. (b) The Board finds thm (he legisl<ltive intent and declannion of policies set fOlth in Section 112.311. Floridu SU.llutes, sets forth a laudable philosophy regarding the purpose, scope and iJpplic.:ation of ethics laws in relation to county officers and employees. Moreover, the Board also finds, bused on the Cummittee's ['cport, Ihllt addilional, more stringent requirements ure nceded with regard to lobbyists, gifts, und post~collnty employment restrictions in order to promote ::md protect the public trust in its loc.:ul government. (c) Section t 12.326, Florida Statutes, authorizes the Board to impose more stringent slandards of conduct and disclosure requirements, beyond those specified in Chapter 112, Part III, Florida Statutes, upon its own officers and employees provided that said standards of conduct <lod disclosure requirements uo not otherwise conflict with Chapter 112, Partin, Florid... St:llutcs. Cd) Section 125.69(1), FloridO! Statures, provides, in pertinent pan, that violations of county ordinances shall be prosecuted in the same manner as misdemeanors nre prosecuted. Such violations shall be punished by a fine not 10 exceed $500.00 or by imprisonment in the county jail not to exceed sixly (60) days or by both such fine and imprisonment. The Board funher finds that an efficient and effective method for the determination of allegations of violations of Ihe additional more stringent ethical standards set forth in this Ordinance is through local enforcement thereof. (e) Section LJ2.313(I3), Floridu Statutes, authorizes the Bom-d 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 [he continued functioning of an open government. Therefore, in order to 2 - Words lltfl:leJE dUBl:Igh are deleted, words underlined are added. Packet Page -1016- 5/10/2011 Item 17.A. preserve unu nlHlnlain the integrity of the pro(,;CSS ;InUIO betlcr inform the CIlilCllS or dTorts to innucnce Jegislutive branch llclion, the Board finus jt lJpproprii.lte to require public registration ;Jnll disclosure 01" the iucnllly of cel1:Jin persons who attempt to influence I.lctions of the Board or ;'..:tluns of ;.lIlY of the COUllly':-J Lluasj~jLlt1i1.:l:l1 bow"us. (g) Section J 12.3148(2)(b). Florida Stultlles. HUlhOl;ZCS the Board to csli.thlish u locul rcgislrulion process for lobbYists. The Board finds Ih.1l SUl.:h i.l rcgistl"ution process serves lo promote und protect govemmental integrity as well us to fosler open government. The Board fUT1her finds thl.lt such a public registrlltion process for lobbyists may assist to promote full l.:omplhmcc by lobbyists with the j(}hbyist gift reponing requirements set forth in SCl.:lioll 112.3148, FlorirJa Stulule~. (h) The Bo.lrd finds thl.l( more slringent requirements arc needed with regard to the value of gifts thilt may be proVIded by lobbyists to public officers '-lnd employees beyond the stand..lrds set fonh in Section [12.3148, Fland.. Sr:nutcs. Specifically, the BOiJrd finds thDl u zero gift limit, . r:l~her thun $100,00 us set f0l1h by Section 112.3148, FJoridD St:uutes, should be enacted in order (0 bener promme and preserve the integrity of the governmental decision-making process. (i) The Board finds that ilddilionaJ gift prohibitions arc necessary for public officials prohibiting the receipt of any gifl or ~my other thing of monetary value from anyone who the public orfici.:d knows or reusonubly should know is any WilY attempting to affect the official uClions, business or fiounces of the county or from anyone [hat has an interest that muy be substantially affecLed hy the pelfolTnunce or nonperfonnance of duties of a public officiiJ!. The Board further finds that prohibilions are necessary In regard to gifls between official superiors and subordinate public officials in order to preserve the ethical integrity of the perfonnance of public service by County human resources. (j) Collier County Office of the County Administrator, Administrative Procedure, Instruction 5311(F) (Code of Ethics/Slandards of Conduct), restricts Collier County employees from receiving gifts or other items of value in connection wich the performance of official duties. Said restrictions exist separate and independent from the provisions of this Ordinance and Part III, Ch. j 12. Florida Statures. (k) Nothing in [his Ordinance shall be construed to chill, reslrict or prohibit the free e~ercise 3 - Words slruel: lIW8tigA are deleted, words underlined ure added. Packet Page -1017- 5/10/2011 Item 17.A. of <Iny citizen's conslitutiomlll'ights, int.:Juding, but nO! limited 10, the righlla petition his or her County government or exercise his or her rights of free speech. SECTION FIVE: DEFINITIONS (a) For the purposes of [his Ordinance. lhe definitions contained in Chapter 112. PUrl JIl. Florida StullllCS. shull upply and control. in ;Jcconfunce with the subject millfe!". unless the lext anu/or' conlcXI or this Ordinimcc pmvidcs otherwise. Adl.t'S()ry Bour" Member meJns uny person appoinled by the Board of County Commissioners 10 any County board, committee or <luthority which has uny final decision-making authority. Such Boards include, but UTe not limited to: Airport Authmil)' Collier County Code Enfurcemcnl DOHI'd Collier County PJ,..IOning Commission ConlraClOrs Licensing Bourd Library Advisory Board Public Vehicle Advisory Committee Utility Authority COWltv EmD[ovee shall mean any emolovee of Collier Coumv rellardless of whether the emoloyee is ultimatelv suoervised by the Bo~rd of County Commissioners. the County Muna~er. the County Atlomev the Aimon Authoritv or the Executive Director of the Aimort Authority. Coullty MWJUgerill/ Employee shall meun the County Manager, Assistant and/or Deputy Counly Manager, County Attorney, Chief Assistant County Anorney 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 COnlmctors or in supervising, overseeing, Or vouchering for contract performance. Gift shall have the definition contained in Chapter 112, Pan m. Florida Sta[utes, wi[h the following additions and exceptions: (J) Additions: il. Initiation fees. (2) Exceptions: 4 - Words SIF\:l.sk IAf8UgA are deleted, words underlined are added. Packet Page -1018- 5/10/2011 Item 17.A. "Gifl" snOlll not include: a. S:dmy. b~l1eriIS, s::rvkes, fcc.s, eommissions, giflS, or CXpCl1SCS <lsso-=i;ttcu solely Wilh lhe dOlll:C'S 1l11IH':OUlllv elnployment, husiness, or service as <111 cmrllovcc, official or dIrector or u corporation or orguniz.llion. However for Durooses ot" Ihis exem lion from the definition or .. ift" in this Onti . ce u lie servants u onl en a e in such non-count e 10 men! or eeon mic activit if: 1 such nOrl-{:ount em In 'menl or economic activit uocs nOl crcu!c <l conflic1 of interest us defined b Sectiorl I '.3128 Florid<l 51.. lites i.('. I.l situation in which J'e'm for a rlvatc Interest lends to I'ud to uisrc ard of ij uhlic dur or inICrcs{" and 2 all tici..lble Count iJdminisInJtive rocedures overnin such non~COunr emnlovment or cconomil.: activitv are followed. b. Cuntributiuns or expenditures reported pursuant to Chapter 106, Floridil Statutes, campaign-reluled personal services provided without compenslltion by individuuls volunteering their lime, or :Jny olher contribution or expenditure by u political pm1y. c. Gifts received from relulives, O.1S defined tn this section, or gifts received from OJ. person who shares the same permanent legal residence at the time of the gifl. However, no empls)ee Dublic servant shall participate in the selection of u vendor or the l.lpproval of u contract if that employee has received a gift from someone representing the vendor or it contracting party, including gifts fmm relatives. Furthermore no ublic servant sO...1I1 unicl ale in rmiltin or inS eelion decisions if thai em Jo ee has rec 'v d a ift from the r It r ins eetion u Ii anti tentiaJ reci ient or the a licantl ential reci ient's rind al includim! llifts from relslive5. d. Food or beverage accepted when (i) offered free in the course of a professional or civic mccting or group function lit which <lttendunce is desirable because it will assist the person in performing his or her official duties; or (ii) provided to all panelists or speakers when a person is participating as a panelist or speaker in a program, seminl.lr, Or educi:ltional conference.. 5 Words stf1:lel: tRfSl:.lgk ure deleted. words underlined are udded. Packet Page -1019- 5/10/2011 Item 17.A. In uJdition to all other circ:umstunces where this Ordinance allows public servants to accept food and bovcmges, Hnd notwithsl<Jnding nny other section of this Ordinance or personnel rn~lnuul to the conlr-JI'Y, puhlic orliciuls und .111 coullIy employees Illil}' ,llXCpl fDl)U or beverage us ll1c:mjon~d ilhovc in Ihb; suhsection and consumetl tll u single silting or event only if the costs for suid food or bcveruge do nOI e)lcced the roUe for the appropriate per diem allowance for said meal us provided in Chupter l12, Florid.a Swtules. If, under circumstances beyond the control of rhe donee. the costs exceed the per diem rute, the donee m:'IY ucccpt suid food or hevcr<Jge but shull file U wllllen tlisclusurc statement within five working 1..li.IYS urthe ul'l:Cplance with the County Mun<lgcron u fmm provided by the County Manager. The value of foou or beverages, for purposes of this subsection, shull be the price lhm the consuming public would be expected 10 pay for the sume item(s). c. Unsolicited advcI1ising or promotional material such as pens, pencils, notep,lds, calcndOlrs, and other ilems of nominal commcrciul v.duc may be :Jccepted from individuals or cntilies th:.H are not .:urrently in a contructll~1I rel..uionship or reasonably likely to seek u contractual relationship with Collier County. Unsolicited job-relHted Jiteruture muy be accepted as well. f. Gifts gIven for panicipution in a program, seminar, or CdUCt.llionaJ conference when such gifts are: I. Of nomin.l.ll commercial value, and 2. In the nature of i.l remembrance traditionul to the particular sponsoring entily, or 3. Provided to <.Ill 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 u debt, loan, goods, or services, which rate und terms ure customary and are ot a government rate and tenns available to all other similarly situated government employees or officials, or rates and terms which 'are available 6 . Words Sffl::lsl( thrmigl=l arc deleted, words underlineu iJrc uc.ldcll, Packet Page -1020- 5/10/2011 Item 17.A. to similarly sltu.tled member::> of the public by vinuc of occupation, affilhnion. age, religion, SC.\, or nation.1I ongin. i. FOtl(J OJ' /lever:l e items when offered i.If; it CUstom;.lf Courtesy to alll.lltendees ill un business meetln' or business uctivit ur which art nct'lnce b the ubJic servant S In UCS1Jon IS rc lIlred or II 1"0 dace for III )ses of rfarming CUUiH oh duties or count v re nsibililies rovided that such food or bever. e items would have u reO!sonablv estimated value of no more than $4.00 to any m~mber of {he consumlne Dtlblic. Bv wuv of eXam Die. such food and beveru2e \tems mav include a CUD of coffee if sodu. bottled water. cookies or donuts. Lobbyillg shall mean, for ~ compensation: influencing or :.lttempting lo influence IcgisJ.tlivc or (juasi-)udicial aCliun or nOn-uction through orul or written commllnic~Hi(ln or Lln ,lltcmpt to obt:.J.in the good will of .1 member or employee of the Board or of <l Collier County ndvisory bourd or a qU<lsHudici..d bourd. Lobbyis! shull mean: (J) Any nalural person who, for ~ompensu[ion, seeks, or sought during the preceding !welve months, [0 inOuence the govemmentl.ll decision-making of a reporting individual or procuremem employee or his or her agency or seeks, or sought during the preceding twelve months, to encourage the passage, defeat, or modification of any proposal or recommendation by the reponing individual or procurement employee or his or her agency (2) A person who ;s employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying, or a person who is principally employed for governmental uffairs by another person or governmental entity to lobby on behalf of Ihut other person or governmentiJl entily. (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 lobbyists or engaged in lobbying since, as judicial officers, their conduct is regulated exclusively by the judicilJl branch. However, attorneys representing clients or interests in legislutive mUlIers. for EH-Feef compensation. are engaged in lobbying and ,Ire subject to the provisions contained in this Ordinance, 7 - Words stnw]- tRro~gA arc deleted, words underlined ilTe uddcd. Packet Page -1021- 5/10/2011 Item 17.A. Nominal Commerci(j/ Value means ...nything with a value of less than $50.00 in lhe m..lrkctplul.:c. Prindp(d Sh.lll meun the person, firm, corporation, or other enLity thul has employeu or rerained O1lobbyisl. Pmcuremem Em /o"ee mean n Count em 10 e who activel uni 'j Ies rhrou h dcciiiion U '0\1<11 <..Iis<I) roval recommenuution ur tion of un un of II rcha e re tlesl innllen~in' [h' content of :In s ccifi ';.llion o'r rocuremcnt tund'lrd renderin or advice investi ation or .:ludit" or in an other adviso ell acil i the TO ur eol of contmctual services or commodifies, Public: Official means members of the Board of County Commissioners, advisory board members, and (;aunty m..lnugcriu! employees. Public Sen'wl! includes all public officials, 115 aeHfl8a Hss.e; and all county ernployees.l ef...t.fle Bal:Lre ae CeliA!: CaFflFflissi6f11ff:i. <IS defined in this Ordinance, Relcllive, as used in this Ordinance, is one who is related to un other by blood, marriage, or "daplion. Tile following rcJ:.uionships arc included in this definition: husll.md, wife, par(;nl, child, brOlhcr, sister, gnmdparenl, gruOlkhiJJ, uncle, :.tunl, nephew, niece, first cOllsin, f.llhcr-in~ law, mother~in~law, son~in~Ii.lw, duughter~in-Iaw, brother-in-law, sister-in-law, stepfather, stepmOlher, slepson, stepdaughter, stepbrother, stepsister, step grandparent, step grandchild, half brother, and hOllf siSler. R orrin IndividlUl/ euns un ublic servant who is re uired b law u uant to Article II 5 clion 8 of the State Constitution or Seclion /2.3145 !orida Statutes 10 file full or limilcd ub ic disci sure of his Or her financial interes s or an individual who has been eject to but has vet to officiallv assume the resoonsibilities of. nublic office. SECTION SIX: STANDARDS OF CONDUCT (a) A public servant shall nOI 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 perfonnance or nonperformance of his or her public duties", (b) No public serVant shall participate in the selection of 8 ve.ndor or the approvul of a contract if thut employee has received a gift, directly or indirectly, from someone representing Ihe vendor or a contr..lCting pany, including gifts from relalives. Furthermore no Dublk servant shull 8 - Words urlie(( thrsl:lgh are deleted, words underlined are added. Packet Page -1022- 5/10/2011 Item 17.A. 'HIm . te in rmillin or ins C'tion isions if th' ( em 10 ee has eived a if! from the crmlt or inS eellon.1 licant/ lltcntial rcci ienl or the II lieaoll otcntil.i1 reci ient'!; rinci l.1I indudill!.! l!ihs frOHl n:/;lti\'cs. (c) rhe fOllowing provisions regi.lrding gifts from lobbyisls <Jre c::n;,Jcted as additional und more slnngent stundurds of condllcl and disclosure requirements than those specified in Section J 12.3148, FJoridll SH.llUles: (J) A reponing individu6I1 or procurement employee or any olher person 011 his or h~r hchulf is prohibited from I\nowingly .lcCCJ1ling, directly or indirectly, u gift from .1 IXllilical committee or a committee of continuous Cx.islence. us defined in Section 106,011, Florida Stututcs, or from a lobbyist who lObbies the reporting individuul's or procurement employee's agen(;y, or directly or indirecfly on behalf of the partner, firm. employer, or principul of i.l lobbyist. However, sUl.:h u gift may be i.lcccpted by such per!)on on behalf of :J govcrnmenllll entity ur u churitable orgunizlltion. Jf the gift is accepted on behalf of u governmental entity or chmil<lble organization. the person receiving the gifl shaH not maintain cuslody of lhe gifl for any period of time beyond th<lt re<lsonably necessury 10 :.!rrJngc ror the lrunsfcr of custody and ownership of the gift. (2) A political committee or il commitlee of continuous existence. us defined in Section 106.011, Floridu Statures; a lobbyist who lobbies a reporting individual's or procurement employee's agency; the panner, firm, employer or principal of a lobbyist; or another On behalf of the lobbyist or purtner, firm. principal, or employer of the lobhyist is rrohihiled from giving, eilher directly or indire(;'lly, <l gift to the repofting individual or procurement employee or any other person on his or her behalf; however, such person may give a gift 10 a reporting individual or procurement employee if the gift is intended to be transferred 10 a governmental emity or a charitable organization. (3) The rohibitions set tonh in thi' S clion 6 u u d c 2 above are not j ten e to nnd shallot reven! a rc anin individulllor tocuremenl em 10 ee who 's a dechlred candidate for I tive blic office from ilcce in ca ni n on riburions to th extent allowed by Slate or federal law. (d) The following gift prohibitions for public officiLlls are cnacted us L1dditionLlI and more stringent stundards of conducl thun those specified Section 112.3148, FloJida Statutes: 9 Words stFl:leJ~ tl1FfJl:lgh Olre deleted, words underlined ure <!dded. Packet Page -1023- 5/10/2011 Item 17.A. (1) Public officials shall not solicit or 3t:cept, directly or indirectly. any fee. compensation, gift, gnHuity, favor, food, enlcltuinment, loan, or l.my other thing of monetary vulue, from ,an)'unc who 1hl.: pllhli~ offid~1 l\nnw!> m I'easonllbly shoulu know: u. Has, or is seeking 10 obl...in. conlractual or other business or fin;.ml:ial reli.ltions with the county depllnmenr or board with which the public official is affiliated. b. Conducts or represents u person or entity thut conducts operations or activities that <.Ire regulated by the l:uunty depunrnenl or board with which the public ~fjj(;jul is i.lffjliatcd. 1.:. Is seeking I.oning. permitting, or inspct.:tion appmvul from the county depUl1ment or board with which the public official is affiliated. d. Has interests that m.ay be substantially affected by the performance or noo- performance of duties of the county public official. c. Is in un)' way attempting (0 ufrect the official actions of the county public officiul. This parngruph is not intended to prohiblt a public official from obtaining il loan from il financial instilution at a rOle and terms Ilvailable 10 all other similarly situated members of the public by viltue of occupation, affiliation, age, religion, sex, or national OIigin. (e) No public official shall solicit a contribution from another person for a gift to an official superior, make a donation as 11 gift to an official superior, or accept a gift from a subordinate public official. (t) No public servant shall solicit u conJribution from another person for u gift to u supervisor, mi.lke a donation i.lS U gin \0 U supervisor, or uceept u gifl from an employee he or she supervises, excepl as provH..Ied 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 special occasion or an established holiday. A special occasion, as contemplated in this section, includes those times when it hus been regarded us cuslomury 10 give a glft, such as a birthday, a wedding, the birth of a child or u grandchild, an adoption, u graduation, a promotion, penn anent departure from the workplace or community, hospitalization, the loss of a loved one, retirement, or other similar occurrences. Nor does this parJgraph prohibit public servants from participating in fund-raising activities for charitable purposes. 10- Words 1S'.FUsL tl=lrsl:IgflUTe deleted, words underlined are added. Packet Page -1024- 5/10/2011 Item 17.A. (h) This section does not upply to items of value excepted out of the: definition for 01 gift SECTION SEVEN: 1.0rlnVIST REGISTRATION (a) Alllobbyii:its shull. he fore engaging In any lobbying activities, register with the clerk 10 the hourd Joc.lled at the hoard minutes ~md records dep~rtment. Evel)' lobbyist required to so register shull: register on forms prep.lred by the clerk; puy an annual registri.Jlion fee of $25.00; and state under oath his or her numc, husmess name and address, and the nume und bUSiness address of each person or entity [hUl hus employed suid registrant 10 lobby, <:IS of the date of said reglslr..nion. The registration shull be un annuul registrulion und snull not require additional rcgislnllion or amendment 10 the registration form by the lobbyisl even if the lobbyisl subsequenLly cngage~ in lobbying for addilion",1 persons or entities. The purpos.e of the registration is merely to identify the registrant us a lobbyist. Ir. subsequem to the registnltion, the registrant ccnscs to act as u lobbyist, the registrant muy file u request, on a form provided by the clerk, to not be listed as a lobbyist. Howeycr, pursuant to Section 112.3148, Floridit Statutes, said registrant shall continue to uppear on the list of lobbyists until [he expiration of the time period set fanh in said statute. In the event thl.lt the regislnmt neither withdruws nor re-registers, the registrunt shall be placed on a "lobbyist status unknown" list for a period of 12 months from the expirl.ltion of the annual registration. The registralion fee of $25.00 is nonrefundable. (b) Annual registration shall be required und shall initially commence on March 22, 1999. Thereafter. annual registnllion shall occur on or after October 1. of each year. Registration by lohhyists sh<.lll occur ;It any time during the calendar year provided Ihilt it OCl,;urs prior to the Jobbyisl engaging in any lobbying activity. (c) The registration fee required by this section shall be maintained by the clerk to the board and shall be deposited into a sepurate fund to be expended for the purpose of administering and maintaining the lobbyist registration list as well as [Q 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 shull not be required (0 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. II - Words stNel< tRFBl!gR arc deleted, words underlined are udded. Packet Page -1025- 5/10/2011 Item 17.A. (3) Any person who only ~ppeurs in hi~ or her individual capacity for the pUlJlose of self. representation witnout compensation or reimbursement, whether direct, indirect or contingent, to express suppon or opposition 10 any item. (4) Any person who only appears as a represenuuivc of a neighborhood association without special compensations or reimbursement for their uppeur..mce, whether direct, indirect or contingent, 10 express support nropposilion to un)' Item. (5) Attorneys representing clients before :J quasi-judicial body. (e) The clerk to [he board shall keep accurate and complete records regarding lobbyist registration including an up.to-date list of all lobbyist registrations, lobbyists withdruwuls from the lisl and a "lobbyist status unknown" list. (f) A registration form that is not renewed (along with payment of the $25.00 annual registration fee) by October I of each year, shall expire and may not thereafter be relied upon by the lObbyist for lobbying actiVities. (g) The validity of any action or determination of the board or of any county personnel, board or commitlce, shull not be affected by failure of any lobbyist to comply with the provisions of this section, SECTION EIGHT: POST.EMPLOYMENT RESTRICTIONS (a) No county managerial employee shall personally represent another person or entity for compensation before the Board of County Commissioners or any of its divisions, departments, agencies, or boards for a period of two years following vacation of office, resignation of employment, or termination of employment, as upplicublc, except for the purposes of collective bargaining, (b) For a period of two years following vacation of office, resignation of employment, or termination of employment, as applicable, except for the purposes of collective bargaining, no county employee shall personally represent another person or entity for compensation before the Board of County Commj$sioners or a.ny of its divisions, depanments, agencies, or boards on a matter in which he or she had material personal involvement during his or her period of county employmcnt. SECI'ION NINE: SUPPLEMENTAL PROVISIONS This Ordinance sets forth more stringent supplemental standards of conduct in uddition to the requirements of Chapter J 12, Pilrt Ill, Florida St.nlltes, cnlith:d "Code or Ethics fm Public Officers and Employees," This Ordinance shall not be construed 10 authorize or permit any J2 - Words stFHSI: tkrsl:Igh are deleted, words underlined are added. Packet Page -1026- 5/10/2011 Item 17.A. conduct or Llctivlty that is in violation of Chapter J J 2, Part III, Flondu SUltules. In the event of 1.1 conflict between the provisions of this Ordinance and Chapter 112, Pllrt III. FJoridOl Stl.lfUICS, the more reslrictive/sllingent provisions shall <Ipply. /[ sh..lll be the dUly of c.lIch c.::ommissioncr and of all county manugerial employees and reponing indIviduals 10 become fumiliar with the Collier County Ethics Ordinance. To thls end, the human resources director shall :.mnuuJly distribute to each such person u current copy of the "Florida Commission on Ethics Guide to the Sunshine Amendment and Code of Ethics for Public Employees" {or similar Flondu Commission .on Ethics publicution) und u copy of Ihis Ordinance. The spccitic dulies set fOl1h in this section of the Ordinuncc regl..lrding famili:,Jrity \' ilh the ethics rules and distribution of infonnutive ml.lteriuls shi.dl nm be subjecllo the pcnulties sel fonh in Ihis Ordinance. SECTION TEN: PENALTIES Pursuant to Section 125.69, Floridu Statutes, a person who violates any provision of this Ordinance shull be ~ubject to prosecution in !he name of the Slate in the manner as misdemeanors tire prosecuted; and, upon conviction, such person shall be punished by lJ fine nO! to exceed $500.00 or by imprisonment in the Collier County jail nO[ to exceed sixty (60) days or by both such fine and imprisonment. SECTION ELEVEN: AMENDING ORDINANCE NUMBER 2003-53 Collier County Ordinance Number 2003.53, known as the Collier County Ethics Ordinance, is hereby amended as of the effective dale of this Ordinance. Sr:CTIOr>i TWEL VE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County Or other applicable IOlw, the more reslriclive shOlIJ apply. If uny phrase or parlion of the OrdlOuncc is held to be invalid or unconstitutional by any court of competent jurisdiction, such ponion shall be deemed a separate, distinct and independent proviSIOn and such holding shall not affect the validity of the remaining portion. INCLUSION IN THE CODE OF LA WS AND ORDINANCES The provisions of this Ordinance shall become and be made <l part of the Code of l...nws and OrcJinunccs or Collier County, FtoridO!. amending Collier County Ordinance Number 2003- 53. The seClions of the OrdmD.nce may be renumbered or re-lettered to accomplish such, and the W0rd "ordinance" may be changed to "section," "article," or any other D.ppropriulc word. 13 - Words 5lrl::tst IRrSl:Igh are deleted, words underlined are added. Packet Page -1027- 5/10/2011 Item 17.A. EFFECTIVE DATE This Ordinance shall ~omc effective upon fiJing with the Department ofSmte. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of .2004. ATTEST: .," "l,';:',li:"'/I, Dwight E. BroCI\'.:c:t:E\~'1>.<', . .::'~.::'i '~,~."i.~ ~J'~'~':'~~\ ~"."'''.'~'''''''' . '.1'\'" ",. BY: .' '",: '. 'jbe. DEPUT'" ctmtK"~' ,: .,. , '.i' " ...~ ~~ " ,". Atttst ~1iO.t1tI"l~ft';$ Slllftlture.orilf....... . BOARD OF COUNTY COMMISSIONERS ::LLlERC~lI=ID~~. Donna FIala, CHAIRMAN Approved as to form and legal sufficiency: ~ '/'h-",-""-/'/-v /1#1 Michael W, Pettit Chief Assistant County Attorney This ordlnor'ICe filed with the ~tary o~e's Offi~ tJ:..:::.. d~y 0 ClIlt'll and acknowledgome . f thot film received this day of p.t.. B, ~ .. J4 - Words stNet threl;l.gh arc deleted, words underlined are added. Packet Page -1028- 5/10/2011 Item 17.A. 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 Clerk of Courts. a~~~l'i!'l;).<; I ,I,. .~..~"''''lt . '1 " Ex-off~c~o to aoar~.~t:I~,~~ , .. ," " .._~. #', County Comm~ssio'nsrl; "::" .~: / :.,( ;:~~- "";; \.~~ ~O~... %,.". . , .';--:.. ':':'.1.;" . . , . ,,',f,'::'! '"".w') ~ ;; ", ,. -_:.::!;.:~) .'~" .j ::> By: Linda A.Ho'Uqf;,..>::"i.<" Deputy Clerk'''''7' ,;,>.~,.,. ',. .,,,,,.,',,''' Packet Page -1029- - t ~ 1. ,. ". -, 5/10/2011 Item 17.A. RESOLUTION NO. 99.~ A RESOLUTION AUTHORlZrNG, AS SERVING A VALID PUBLIC PURPOSE. EXPENDITURES OF FUNDS FOR COUNTY COMMISSIONERS TO A1TEND FUNCTIONS OF FRATERNAL, BUSINESS, ENVIRONMENT AL, EDUCATIONAL, CHAR-IT ABLE, SOCIAL, PROFESSIONAL, TRADE, HOMEOWNERS, ETHNIC, AND CIVIC ASSOCIA TIONSI ORGANIZATIONS. WHEREAS, Section 112.061, Florida Stllute., e"ablish.. guideline. ror the paymenl or travel and other expenditure. ror public omcer., including lSsignmenlS o! omcial busin... oullide the traveler'. regular place or employment; and WHEREAS, it .erve, . valid public purpo.e ror Board member. 10 attend community runctlons in order to gather inrormation about County issues and receive input from (he public; and, WHEREAS, it is in the best inlerests of the public !or Board members 10 auend !unction. of the rerereneed associalio.. t organization. 10 keep the public in!ormed IS to the legislative process of the County; and WHEREAS, the Board desires 10 clearly speciry the catesories oflllvel and allendance at civic tUnctions which are appropriate for payment in accordance with Florida law. NOW, THEREFORE, BE IT RESOl.VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that I. The Board hereby finds that mendancc althe funclions 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 rccdback to ,he public about Count)' mallers and the lcgis)aliv~ process. 2. The amounts 10 b. expended by the County for Board member attendance andlor participation in the functions referenced in paragraph 3 shall be budgeted by th. Board of County Commissioners. 3. A Board member may seek Board approval for the ~ymenl for hislher attendance at functions of fraternal, business, environmental, educational charitable. social, professional, trade, hom~o\l,'ners, elhnic, and civic associations f organizations. provided 'hat said functions r...onably relalc 10 Collier County maUers. The attached form entitled "Request for Approva.l ror Payment to Auend Functions Serving a Valid Public Purpos.," may be placed on lhe Board of Coun'y Packet Page -1030- , , " ~: ' , .....1.. ~,. .~ -~:. '.. .I,.', 'f" .-. ". , ~. . .. '.'. .. \1, ,lo_ ''''~'':, ,",'.1. , . " '. ;.: 5/10/2011 Item 17.A. Commission.rs' Consent ^lIOIlda to Slin the Board's approval for CJlpenditurc of County fund. IOlllend panicular function.. This Resolution Idopted this ~.day of I\i"",....u,,). 1999 after mOlion, oeeond and majority vote favoring 'ame. ~' , ." t;'f:A. TTE.ST;' . ;,-": .":, DWIGHT E. BROCK, Clerk .' ',.f. .' , , ....~.(Q:).'::. ~.~"'.. ,'ll,~, Atttst lItO C11111WlA'S . iI9.i.~bYb'~9Wib fom and "'regal.ufficiency: CZ'-. .' 1J7~ a; t?.. Ramiro MaNTie Chief Atsi.tant County Allomey , .. BOARD OF COUNTY COMMISSIONERS eDL '. C~UNTY, FLORlD~ i By ..? "f}} L Cf/tl PA LA S. MAC'Klll, ! .________ Pa<:ket Page -10~~~ .~ , " 5/10/2011 Item 17.A. 16J -'1 COMMISSIONER R.l!.QUEST FOR APPROV AL FOR PAYMENT TO ATTEND FUNCTlON(S) SERVlNG A VALlO PUBLlC PURPOSE Pursuant 10 Rcsolution No. 99----' the [loard of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, prClfessional, trade, homeowners, ethnic, and civic associations I organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County mallcrs. In accordance with Resolution No. 990--, Commissioner hereby requests that the Board of County Commissioners approve for payment by the Clerk hislher attendance at the following function I event: Function I Evcnt: Public Purpose: Date of Function I Event: Amount to be paid by the County: Mileage: Packet Page -1032- 5/10/2011 Item 17.A. 18D o Frida" April 29, 2011 0 NapluDafI, News NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that on Tuesday, May 10, 201" 'in the Boardn;JOfl'l, 3rd.Floor, Administration Building, Collier County Government Center, :3299 .EastTamiami Trail. Naples, Florida. the Board of County Commissioners will consider the tffiact-' ment of several County Ordinances. The meeting will commence at '9,:00 A.M. , The titles of the proposed Ordinances are as follo~: . ' AN ORDINANCE Of THE BOARO Of COUNTY COMMISSIONERS Of COLUER COUN. TY, FLORIDA, AMENDING ORDINANCE NO. 2oo3.S3, AS AMENDED. KNOWN AS THE COLUER COUNTY ETHICS OROINANCE. BY ADDING SUBSECTION fIVE (2l(J) TO Al. lOW COMMISSIONERS ATTENDING AN EVENT SERVING A VALID. PUBLIC 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 GEN- €RAL PUBUC; PROVlDINGFOR .,CONFUCT AND SEVERABilITY; PRQVIDING FOR IN- CLUSION IN THE CeDE .OF : LAWS AND ORDINANCES;. AND PROVIDING FOR "AN'!: EF. FECT.f~~ATE.'.... - ,I', ,'~i r~;i"~: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS. OF tClLUER couN: TV, FLORIDA. AMENDING SECTION ONE OF ORDINAN(ENO" 75.16, AS- AMENDED, "MEETINGS Of THE BOARO Of COUNTY COMMISSIONERS." BY AODING' PROVI. SIONS RELATING TO THE PRESENTATlON OF MATTERS PLACED 'ONTHE OFFICIAL. AGENDA; PROVIDING FOR CONFUCT ANO SEVERABILITY; PROVIDING FOR INCLU- SION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR ANEFFEC~ TIVE DATE. ., , AN ORDINANCE OF THE BOARD OF COUNTY COMMtSSIONERSOF COLLIER (DUN. TV; FLORIDA. AMENDING ORDINANCE NO. 7648, AS AMENDED, 'WHICH REGU~ lft.TES THE USE OF COUNTY PARKS, PRESCRIBES HOURS OF OPENtNGANDCLOSING ANDPROH'IBrTS CERTAIN ACTS THEREIN, BY ELIMINATING '>THE,'PROHIBITION AGAINST THE POSSESSION, TRANSPORT, OR DISCHARGE OF A FIREARM AS SUCH REGULATION HAS BEEN PREEMPTED BY FLORJDA STATUTES; PROVIDING~-FOR CON- FLICT AND, SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROV1DING FOR AN EFFECTIVE DATE. Copies'of the!e proposed Ordinances are on ,file with the Oerk to the' Board and are available for inspection. All interested parties are ..invited to atterl'd and be heard. NOTE: All persons wishing to speak on any agenda item must-regirterwith the County administrator prior. to presentation -of the agenda item to be addrKSed. Indiviaual speakers will be limited to 3 minutes on any item. The selection of an in- dIVidual to speak. on behalf of an organization or group is encouraged~. If recog+ nized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item, . 1 Persons wishing to have written. or graphic materials. included in the Board agenda packets must submit saiCil material a mit)imum of 3'weekf,:prior .1.0 the ,respett:lve public hearing. In any case, writtenma,teriafs Intendedto',be considered by the Board shall be submitted to the appropriate County 'staff a minimum of seven days prior to the public hearing. All material used in presentations '''before the Board will become a permanen.t part of the record. ' , .; . Any .person w~o decides t6-'appeai' a decision',:ofthe Boa~ 'will n'etd .~.. record.'~f the proceedings pertaining thereto and 'therefore, .may need to ,ensure that a verbatim record of the proceedings. is made, -whicn record intl~desttle testimony and evi-, dence upon which the appeal is based. 1f you are a person with a disability who needs any acwmmodation in order to par- tiClpate in this proceeding, you are entitled, at no cost to you, to the provision of , certain assistance. Please contilct the Collier County Facilities, rvlanagement Depart- ment; located at 3335 Tamiami Trail East, Suite #101, Building W, Naplf!s, Florida 34112, (239) 252-8380, Assisted listening devices for the hearing impaired are avail. able in the County Commissioners' Office., _ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DW!GHT LBROCK, CLERK By: Martha Wrgara. Deputy Clerk (SEAL) Ami!?q )011 No 1 QOO1 on ~ ,"'''' ! ~., Packet Page -1033-