DASAB Agenda 07/21/2020Collier County
Board of Countlr Commissioners
Domestic Animal Servaces Advisory Committee
July21,2O2O
6:00 p.m.
NOTICE: PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO THREE (3)
M]NUTES UNLESS THE CHAIRI/iAN ADJUSTS THE TIME. SPEAKERS ARE REQUIREO TO F]LL OUT A
"SPEAKERS REQUEST FORTII," L]ST THE TOPIC THEY W]SH TO ADDRESS AND HANO IT TO THE
STAFF ft'IEi,BER SEATEO AT THE TABLE BEFORE THE MEETING BEGINS. PLEASE WAIT TO BE
RECOGNIZED BY THE CHAIRMAN AND APPROACH THE PODIUM PRIOR TO SPEAKING. STATE
YOUR NAME AND AFFILIATION BEFORE COMiIENTING. ALL COMMENTS MUST BE OIRECTED TO
THE CHAIRMAN.
PLEASE SILENCE CELL PHONES AND DIGITAL DEVICES. PLEASE LEAVE THE ROOft'l TO CONDUCT
PERSON BUSINESS. ALL PARTIES PARTICIPATING IN THE PUBLIC MEETING ARE TO OBSERVE
THE ROBERTS RULES OF OROER AND WAIT TO BE RECOGNIZED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOiIMODATION IN ORDER TO
PART]CIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROV]SION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILIT]ES
MANAGEITIENT DEPARTi,ENT LOCATED AT 3335 EASTTAMIAMI TRAIL, NAPLES, FLORIDA, 34112,
(239) 252-8380
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Call to Order
Roll Call - Establish a Quorum
Approval of Agenda
Approval of Minutes - June 16, 2020
Public Comments
Directo/s Report
New Business
A. Working Group (Steve)
B. Resolution No. 2006-026 - Donation Trust Fund (Darcy)
C. Resolution No. 2007-054 - Donation of Property (Darcy)
Old Business
A. Shelter Update
Advisory Board Member Gomments
Adjourn
IX
x.
3.A.2
Packet Pg. 13 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
llur,e 16,2020
MINUTES OF THE MEETING OF COLLIER COLTNTY
DOMESTIC ANIMAL SERVICES ADVISORY BOARD
Naples, Florida, Jwe 16,2020
LET IT BE REMEMBERED, that the Collier County Domestic Animal
Services Advisory Board in and for the County ofCollier, having conducted
business herein, met on this date at 6:00 PM in REGLILAR SESSION at the
BCC Boardroom, 3'd Floor, W. Harmon Turner Building, Collier County
Government Center, Naples, Florida, with the following members present:
CHAIRMAN: Daniel Rheaume (via Zoom)
VICE CHAIRMAN: Jim Rich
SECRETARY: Mary Baker
Sarah Baeckler-Davis
Marjorie Bloom
Dr. Michael Gordon
Cpl. James A. Spartz (Excused)
ALSO PRESENT: Darcy Andrade, Director, DAS
Kellie Carroll, Administrative Assistant, DAS
I. CaIl to Order
Vice Chairman Jim Rich called the meeting to order at 6:00 p.m.
II. Attendance
A quorum was established.
IfI. Approval of Agenda
Dn Gordon made a motion to approve the agenda, lhere was a second and the motion
passed 6-0.
IV. Approval of Minutes
I
3.A.2
Packet Pg. 14 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
June 16, 2020
Mary Baker made amotionto approve the minutes of the January 21, 2020 meeting,
there was a second and the motion passed, 6-0.
V. Public Comments
There were no public comments.
1'I. Director's Report
Darcy Andrade advised the Board that Domestic Animal Services has remained open
with reduced services through the pandemic. Animal Control Officers are responding
to nuisance calls (barking dogs, sanitary nuisance) via mail and using Facetime to
release quarantined animals. DAS has tried to reduce the number on incoming animals
because the trustees are not available to assist with cleaning. Shelters are not supposed
to be performing spay/neuter. Ms. Andrade thanked Danielle Somerville, the
Program Services Coordinator at DAS for getting over 200 animals into foster care.
DAS is looking at options other than the trustees for cleaning in the future. She also
notified the Board that DAS is starting to add back services.
Darcy informed the Board that Kathy Rheaume was named Volunteer of the Year by
the Florida Animal Control Association.
Ms. Andrade told the Board that because the Fourth ofJuly is on a Saturday, the
County observed holiday will be on Friday, July 3'd. She also stated that it makes no
sense for DAS to be closed on the 3'd and open on the 4ff, so DAS will remain open on
Friday July 3'd and closed on Saturday, July 4m.
Darcy thanked Dr. Gordon for volunteering his time to perform veterinary services
while DAS was without a veterinarian on staff. Ms. Andrade also thanked Humane
Society Naples for providing relief veterinary services since mid-May. Ms. Andrade
advised the Board that the new Shelter Veterinarian, Dr. David Robinson is starting on
Monday, Jurc22,2020.
VIL New Business
A. Veterinary Services
Dr. Gordon mafu a motion to recommend that DAS hire a second veterinarian,
funded through the Animal Sterilization Trust Fund, there was a second and the
motion passed 6-0.
Dr. Gordon asked if the trust fimd could cover the salary for another veterinarian.
Darcy Andrade provided some background information on the fund and a previous
recommendation to hire a part-time veterinarian. Dr. Gordon stated that he doesn't
want the community or DAS to be in the position of not having a veterinarian ever
again. Darcy advised that the frrnd should be self-sustaining.
2
Dr. Gordon stated that he was on the panel for the Shelter Veterinarian interviews.
3.A.2
Packet Pg. 15 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
June 16,2020
B. At-Large (DAS Volunteer), Veterinarian, and HSN Representative
Darcy Andrade reminded the Board that on January 24,2014,the Board voted to
hold one At-Large position as a volunteer seat on the Board.
Dan Rheaume stated that he would like to talk about Humane Society Naples (HSN)
taking over the veterinary clinic at DAS. He further advised that he spoke to and
communicated via email with the County Attomey and the County Manager about the
possible conflict of interest. Mr. Rheaume read the emails that he sent and received.
The HSN seat on the Board exists by ordinance. He advised that in the second email
from April, the County Attomey wrote'we are all aware of the conflict with respect to
this matter.' Mr. Rheaume stated that he believes that there is a conflict and made a
motion to remove the HSN seat from the Board and to revise the ordinance to make it
an At-Large position.
Sarah Baeckler-Davis stated that her understanding is that the County Attomey
determined that there is no conflict. Ms. Baeckler-Davis advised the Board that she
had spoken with Darcy Andrade's boss (Steve Carnell, Public Services Department
Head) and he told her and Darcy there is no conflict. Ms. Baeckler-Davis stated that
she believes that this subject is not under the purview of the Board. She also stated
that she understands that there may be a perception of conflict, but categorically
disagrees that there is any conflict of interest. Ms. Baeckler-Davis stated that there is
no takeover happening.
Dan Rheaume asked if there is any potential for HSN to assume any of the
responsibilities currently being done by DAS.
Ms. Baeckler-Davis again stated that there is no takeover. She advised that there is
an HSN-DAS Work Group being planned and told Mr. Rheaume that he should be
aware ofthis because he is part of it.
Mr. Rheaume stated that he is not part of it and is not aware of it.
Ms. Baeckler-Davis advised him to ask Darcy Andrade about it because she knows
more about it than Sarah knows.
Dr. Gordon told the Board that he received an email asking him to participate in a
Work Group but was later informed that it had been cancelled.
Jim Rich asked Darcy Andrade if she sees a conflict of interest, but Ms. Andrade
declined to answer.
Dan Rheaume made a motion to change the ordinance to eliminate the Humane
Society Naples seat from the Animal Services Advisory Board and add another At-
Large seat, there was a second and the motion passed 4- l.
Ms. Andrade resumed discussion about the current At-Large position and gave
candidates the opportunity to address the Board.
3
3.A.2
Packet Pg. 16 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
June 16, 2020
Marjorie Bloom gave a brief description of herself, noting that she has been an active
volunteer at DAS for 1 1 years in addition to being a foster and stated that she would
like to remain on the Board.
John Johnson stated that he is a l9-year Collier County resident, an animal and
wildlife-oriented person and that he volunteers at The Conservancy.
Dan Rheaume made a motion to recomnend the reappointment of Mafiorie Bloom to
the Advisory Board, there was q second and the motion passed 5-0.
Jim Rich made a motion to recommend the reappointment of Dr- Michael Gordon to
the Advisory Board, there wos a second and the motion passed 5-0.
Jim Rich asked what would happen if the Board of County Commissioners votes to
retain the HSN seat on the Advisory Board, if the seat would be filled by Sarah
Baeckler-Davis or by someone else.
Ms. Baeckler-Davis informed the Board that HSN has discretion on who the HSN
representative would be and that it would continue to be her.
Jim Rich advised the Board that they should vote to fill the HSN seat until the Board
of County Commissioners decides on the ordinance revision.
Jim Rich made a motion to retain Sarah Baeckler-Davis on the Board, there was a
second, and the motion passed 3-2.
V[I. OId Business
There was no old business.
tX. Advisory Board Member Comments
Sarah Baeckler-Davis advised that she has no comment.
Mary Baker stated that she believes that DAS and HSN do so much work for the
community.
Dr. Gordon stated that the DAS staff is fantastic. He said that his heart goes out to the
volwrteers and fosters, he has seen how much they care and that is why he is adamant
that DAS needs a second veterinarian.
Marjorie Bloom stated that Danielle Somerville is amazing and thanked the staff at
4
DAS.
Lynda Lategano also provided a brief description, stating that since 201l, she has
been a DAS volunteer and a foster and that she has attended most Advisory Board
meetings.
3.A.2
Packet Pg. 17 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
June 16, 2020
Dan Rheaume stated that he has seen the amazing job Darcy Andrade and her staff
have done and that the numbers certainly seem to show it. He said that he would hate for
another group to take over.
Jim Rich wanted to recognize the gross negligence to animals during the pandemic. He
stated that when people started losing their jobs, he was concemed about people's ability
to keep their pets. He advised that For the Love of Cats works with Daily Bread and they
have passed out 10,000 lbs. of food. Mr. Rich also advised that Tom Kepp and Saving
Grace have also distributed pet food and thanked DAS for supplying it. He also stated
that he has lost respect for Dr. Julie Levy, from the University of Florida, for
recorlmending that rescue groups do not do any spay/neuter surgeries until after the
pandemic. Mr. Rich thanked Dr. Eisle for keeping his clinics open to perform
spay/neuter surgery.
Mr. Rich Made a motion to adjourn, there was a second and the motion passed 6-0.
The next regularly scheduled Advisory Board Meeting will be on Tuesday, July 21,
2020 tt 6:00 p.m. in the l)omestic Animal Training Roomr llavis Bl'yd., Naples, Florida.
There being no further business for the good of the County, the meeting was concluded
at 7:01 p.m.
COLLIER COI'NTY DOMESTIC ANIMAL SERYICES
Chairman Daniel Rheaume
These minutes approved by Board/Committee on
amended
as presented _ or as
5
3.A.2
Packet Pg. 18 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
RESOLUTIONNO.2(nG 2G
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY DECLARING A PUBLIC PURPIOSE FOR THE
SOLICTTATION, RECEIPT, AND EXPENDITURE OF DONATIONS TO
COLLIER COUNTY DOMESTIC ANTMAI, SERVICES AND AUTHORIZING
CREATION OI.- A TRUST ACCOUNT.
WHEREAS the Bourd of County Commissioners of Collier County finds there is a compelling
public purpose for Domestic Animal Services ("DAS") to solicit, receive, and expend donations from
privute individuals, private corporations and/or community groups, for the purpose of promoting
community awureness and preserving the quality of life in Collier County for its Citizens and tbr the
domestic and farm animals in DAS custody;
WHEREAS the Board finds that the following activities serve a public purpose including but not
limited to education and training volunteers und citizen groups, plunning and implementing lund-raising
evenls to benetit DAS including advertising 'lbr fund-raising events, rraining animals in cusrody,
purchasing animal toys and olher supplies fol the animuls in custody, purchasing equipment lbr DAS
use including but not limited lo a laptop computer for off'-site events, and plunning lbr emergency
situations such as a hurricane or natural disaster;
WHEREAS the Board llntls it necessary lbr DAS to work with the Office ol thc Clerk ol'Court,
Department of Finunce, and OlTice of Managemcnt and Budget, to creute a DAS Donation Trust Fund
Account for the collection and accounting of DAS monetary donations, and the Board requests the
Olllce of the Clerk of Coun, Depanment of Finance, und Office of Management and Budger, ro
cooperate with DAS in establishing and maintaining said account in compliance with Florida Statutesi
WIEREAS the Board aulhorizes DAS to solicit and accept monetary donations and to spend the
donalions in a manner consistent with the stated public purpose; and
WFEREAS, the Board funher approves obtaining private and public donations for the sole
benefit of DAS and its stated public purpose;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that the Bourd hereby declures that there is a public purpose both
3.A.2
Packet Pg. 19 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
ATrE0,1;
DwtcilftjE .BR OCKi C[,ERK
lrrrn' rt,.
Approved as to form and legal sufficiency:
Colleen M. Creene
Assistanl County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,A
By:
HALAS, CHAIRMAN
;
3.A.2
Packet Pg. 20 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
RESOLUTION NO. 2007. 54
A RESOLUTION OF THE BOARD OF COUNTY COMIIIISSIONERS OF
COLLTER COUNTY DECLARING A PUBLIC PT'RFOSE FOR THE
SOLICITATION, RECEIPI, AND SI,JBSEQUENT DISTRIBUTION OF
PROPERTY D'ONATIONS TO COLLIER COUNTY DOMESTIC
ANIMAL SERVICES.
WHEREAS, on February 14, 2006, the Board of County Commissioners adopted a
resolution establishing the DAS Donation Trust Fund Account; and
WHEREAS, the Board of County Commissioners of Collier County finds there is a
compelling public purpose for Domestic Animal Services ("DAS") to solicit and receive
donations of property, for example pet food, toys and supplies, for the benefit of the animals in
DAS custody; and
WHEREAS, the Board finds that there is a public purpose for DAS to donate or distribute
these items to other local non-profit animal groups if DAS cannot benefit from the use of the
property; and
WHEREAS, DAS also receives donations of "adoption information packages" for DAS
to distribute to its pet adopters from vendors, and these information packages directly benefit the
pet adopters; and
WHEREAS, the Board finds that there is a valid public purpose for DAS to distribute the
information packages to the pet adopters; and
WHEREAS, on occasion and at least yearly, DAS will host I awareness and fund-
raising event for the DAS Donation Trust Fund Account; and
WHEREAS, the Board finds that there is a valid public purpose for DAS to raise funds
for the purpose of promoting community awareness and preserving the quality of life in Collier
County for its Citizens and for the animals in DAS custody; and
WHEREAS, the Board finds that DAS may solicit donations for its fund raising efforts,
and that the donations may include property and./or monetary donations; and
WHEREAS, the Board authorizes DAS to solicit and accept property and/or monetary
3.A.2
Packet Pg. 21 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
Page 2 ot 2
WHEREAS, the Board has the legal authority to adopt a resolution authorizing the
solicitation and receipt of certain donations to Domestic Animal Services for valid and proper
public purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board hereby declares thal
there is a valid public purpose as to the solicitation of donations, the receipt of such donations,
the expenditure or distribution ofsaid donations in compliance with this Resolution.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this
,_..! rt
ATTEST:
DWI E.
t3F aayof ilWTUr* ,zool.
BOARD OF COUNTY COMMISSIONERS
COLLIERCLERK
: ai!- -i L-. ,:rr*iffi&f !
J COLETTA, CH
t By:
Approved as to form and legal sufficiency:
Colleen M. Greene
Assistant County Attomey
3.A.2
Packet Pg. 22 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
Ethics Laws
Connty Attomey Ofrice
Colleeo M. Greene
AssistsDt County Attorney
This wil! not suffice!
Three Areas of Ethics Laws
112, Florida Statutcs,
Part III
Collier County ffiinance
No. 2OO3-53, as aoended
Collier CouDty MarEaer
Administratjye Procedures
cMA #5311
7
clldot!tr l[L Horida Statttt€s
Appli€s to all advisory board members, elected
officiak, and County employees.
Collier CourltY Ordinance
o. 03-53. as amended
Applies to a[ advisory board
members, decH officjals and
County ernploye€s (more
sfringent than Gr. 112, F/a.
sat).
cMA #5311
Appli:s to all County employees.
3.A.2
Packet Pg. 23 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
I
Floide Stet tt€s
Code of Ethics for Public Offlels and
Employees
Code of Ethks
Potects agalnst confllct of lntercst
and estauishes findards for the
@nduct of el€cted offidals and
govemment snployees ln ihntions
where conf,lcts may elist
(4.*r 112, Fldrra gaiut?s rn te Flqida Mt@
Code of E$ics for Prruic Offrcers .nd
Employees
confllct or Conflict of Interest
A situation in whid regard for a private
interest tends to lead to a disregard of a
public duty or interest.
(S 112.312(8), fir. ea..)
Florida Code of Ethics
. tu .rEdcdrtd
rcdrtycd rrsirEs
. 8.sd Appdd.d corr|'ittscs
a ptoatts ..rbh -tixrs r co.dxt
an qr6 .at -r dkd.rrr3 bc h* b U! 9rrbt
Standards of Conduct
sd{dhrra a...pttE glB. nay rd soE 6....!t anyfirg.l6rr di.t b b.6!d fi , uffiOE lBt U'., EE, dltialdr. .. tdg,rEta E,5 bc lrfEEd !r edr a dl.
redq t r.lrtqt.d C.irErrc iE rd (.pr ciy(DrEtrt, EynEt r thllc o, lClt tlst ts qirEl b irlrrEE
, !e r ofE oiLid -tlc.L
l{i-re n* PodrLL ilay ru con4d, 'E lq}Er oai.bl
@tE b @r .
'pCEI
FndlqE lq liE rA.rdr d 0dE3.
ti.d..rE s U.tu, C.rnrt !ffi. }l, ma &oe, relrl!flr.lt r rd r,*& t! rr! Fdt..d da.ir.d bt ncdr d
hs/h.r a..c ffi6 h fi. GsdC Mt o, H,llsdtHH:
Additional Standards of Conduct
. Doane buCncar wlth ooc,' aglncr, A Falh of*r.r
or ernployee adi,lg in a pfuAe capacly dEll nd
dernE b do hrCrcss with the Cauftylaqsry vr]Erc
hddte 5ewr5 as r fficcr r ernplo]"e. Applca to
prtvate hdn€ss In wl|LJt puuic ficer, erndoye,
Epous€ oi ddd h6 a rEt rb intec.t (1f238(3D
. E.rgagine h co.tniding Ei|plo}tnerlt or
Contractual Rrhio.rstip. A Arbac orficer nEy not be
€ilploy€d or dtrdd w{rr any bugnes ertty reguLted
by or ddrq hrsiness with his o. her public agency.
(112.313(7) (ltlay b€ wiived by Z3 wae of tull 8oa.d
(rr2.3r3(U)).
Voting Conflicts of Interest
Requires no County, muniipd, or oth€r Local
Public ofncer (hdnding membeE of Board
appcinted @mmittees) shall vlte in an otrlcial
capacity upoo any rEasJre whkh '/yould inure !o
the soecid orivate oain or loss of themselv€s,
afiy prircipal or entjty by whom th€y are
Etained, odter EEn an agency as defined in
S 112.312(2), fr. stat, or to any rchive or
hdness associate. (specific exernptiorE apply.)
I
3.A.2
Packet Pg. 24 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
Voting Conflicts of Interest
r Exemptons may apply:
. 1. Rernote and spe€ulawe test
'uncertainty at Sme of \ote."
r 2. Size of dass test "unique gain or loss.'
Penalties
Viratbn of Stahrte
Ovil penalti€5, fine or rcmval frorn offi@
Requires that public ofnceB, induding
members of advisory committees:
. Must anmurice the nature of the conllict before
the Yote; abin from vlting; and fih a
mernoGndum of vodng conflir.
. May nct partHpaE ln the dsEnssion witlput
first disdosing trE natur€ of their inM in the
rnatter (either h mljrE plir to the meeting, or
orally 6 soqr 6 tlre/ becoll|e aware that a
corfict exists).
" i4ay not parttipate in an attempt to hfflence
the decbbn,
Collier County Ethics Ordinance
Statement of Policy
AIl divdual co\rctEd by this.rtidc ddl
1) tlot t6e h6 or tEr poglhn as a putlic Jcrvdt lbr
u{anfr, sah or anrirrrEnq
2) Avoi, col(ld dte gi!!s thc #t-dnae of ao
inpropri€ty in tlE p€rfonyrance of hh or her Frtilt
dudcs; drd
3) t{ot a@pt rryrhirg o, vd.E if the publk .€rvat
kDws or reEsoisly dErrld hare la|own t Et it was
qt'/€n with th€ inteit to rcra.d o. hftrence hh oa har
h fE perfuma.lce or ndDerto.rnarEa o, hB d ller
p.rbfc driea
I
Cotrnty Ethics Ordinance
o.di!$c. No, 2@3-53, rs rDGDdGd
. Lcrislrtivr iDtcrl
. IrtbyLt Bcrist tio
. Gitts ftol! Irbbyists
. Gift D.finitior Exc.ptioas
. CoEty Er.n acriil.drpby.c post
c@loyErnt rcalrictions
County Ethics Ordinance
I r
. 1lo, ttBnk you!
Publf otrrchls are prohitited tron acept ng any
gift or any other tiirE of rprEtary vakE from
anyooe t Et has an interesl that may be
sub6tantialv afected by the performance or
noo-petfomance of dutts of a pl6lt omcill,
9
3.A.2
Packet Pg. 25 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
Cor:nty Ethics Ordinance
Limited ExcepUons Apply!
r Gifts from relatives.
r Unsolidted advertling or promoUonal rnaterials.
r Gifts for participation in a seminar.
r Award of nominal commercial mlue.
r Food or beverage offered to all attendees at a
business meeting (the S25.00 rule (inflaUon)).
When in doubt, phase ask!
Post Employment Restrictions
Po6t ernployrrEnt resilictions apply to tsle corrnty
rnaEger, assbtant and/or teprty county rnanager,
county atbnEf, deputy connty atDrney and all divigon
admanisuators, and deparEnertr ard ajt,lority direcbrs
ln County gwemnE tL Also induded are etndo!,€es
ac$rely engaged in s€lecting contra66 or in
srpewlring, ovErseeing, 6 vondEriE for contract
perfofitance.
Standards of Conduct
ib puolE scrEt stBI:
l) Aacept a dfr t sLlg that b was qhr€n wnh 0!e inEnt to rqE da irfiLErr tim/her h Urc pcrtrmrc o. ruperfrrna'r o,ttyhg diies;2) PJdEDat? h the selctixr o, a rt & or tr 4rot/d d acol-rt f tht €rrf}te nits flclivcd a Silt ftom sfiEE
,rp1c'crtmg tE u.r& d co.f6dt9 F.ty -ndrd.lg gits fqrt
a r€btivq
r) ParltiraG in pcrmittiqf a i.Ep.ctbn deoiirs lf that enpbree
has Ecliried a dft fom dr pcrmit r hspcctilt #intlndl.dlng gifts tisn rdauv€s;
O Lcct( aflyo*rg dv.lr frutr a htqri* ards) SoIEit a contrihr!fi fum aJdH csvcn*ylc (k a aft to
m oficd g.odi, s acoept a gift ltrun a i.uidrbtE.q EWE baahysd o..rddrs wtE€it b orsboEry to gtu! a
E'ft.
PENALTIES
for violating County Ethics
Ordinance
County Ordinance
Violations Carry Jail
as Well as Fine
Penalties
m
County Manager Administrative
Procedures
Code of Ethics/Standards of Conduct
cMA #5311
.iProhibited receipt of
gifts or items of value by
CormtyEmployees
*Violation may result io
discipliuary action up to
and includiae discharge
Questions??
aa
10
{l"i'
3.A.2
Packet Pg. 26 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
Resources/Contacts
11
: ,' ' , '
,
-i
3.A.2
Packet Pg. 27 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
Sunshine Law & Public Records Law
County Attorney Ofrice Presentation
Welcome to Collier County Govemment and your important role as an Advisory Board Member.
We hope that you will find your service rewarding. Advisory Board Members must b€ aware of
the significance of the Florida Sunshine Law and Public Records [.aw. The primary rule for you
to remember is to not discuss or engage in written correspondence with another Advisory Board
Member regarding anything that may foreseeably come before your Advisory Board. Remember
any discussion on Advisory Board business must take place in the Sunshine with all elements of
the Sunshine Law strictly followed. The County Attomey's Office will hold quarterly seminars
to discuss these laws and related issues; and you ire encouraged to attend a s€minar. Thank you
for your service and commitrnent to Collier Countyl
History:
Florida's Govemment-in-the-Sunshine Law was enacted in 1967. Today, the Sunshine Law
regarding open government can be found in Chaoter 286 of the Florida Statutes. These statutes
establish a basic right of access to most meetings of boards, commissions and other governing
bodies of state and local govemmental agencies or authorities.
Aonlicabilitv:
The Sunshine Law is applicable to the Collier Cormty Board of County Commissioners and all
Collier County Advisory Boards. The Sunshine Law applies to all decision-making committees.
The Sunshine Law does not apply to County Staff unless Staff is a member of the Advisory
Board.
The Sunshine Law is "applicable to any gathering, whether formal or casual, of two or more
members of the same board or commission to discuss some matter on which foreseeable action
will be taken by the public board or commission." Houeh v. Stembridge. 278 So. 2d 288 (Fla.
3d DCA 1973).
Sunshine Law Requirements:
There are three basic requirements ofthe Sunshine Law found in Section 286.01l, Fla Stat.:(l) meetings of public boards or commissions must be open to the public;(2) reasonable notice ofsuch meetings must be givcn; and(3) minutes of the meeting must be taken.
(l) Open to the public. The meeting must be op€n to the public. No person can be
excluded absent extenuating circumstances. The location musl be accessible, of
suffrcient size for tumout, the facility may not discriminate based on a protected class,
and the meeting must occur within Collier County.
The public shall be given a reasonable opportunity to be heard on a prgposition before a
board or commission including an Advisory Board. The Board may establish policies to
maintain orderly conduct and proper decorum and may establish time limits similar to
those established by the Board of County Commissioners.
(2) Reasonable notice ofthe meeting must be given. Reasonable is defined to mean
approximalely 72 hours.
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Sunshine Law. Section 286.011. Plorida Statutes
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(3) Written minutes of the meeting are required and must be taken and made available
promptly. Sound recordings may be used in addition to written minules but not as a
substitute. The minutes (including drafts) are public records. The minutes must record
the votes (no "secret ballots").
The Sunshine Law applies when two or more members of a goveming board (such as the BCC)
discuss a matter that mav foreseeablv come before the governinq board.
Collier County Advisory Board members must stdctly adhere to all aspects of the Sunshine Law.
Ton Five Reminders!
No pre and post meeting discussions;
No private conversations on the dais;
Avoid texting on the dais;
May not use non-members as liaisons between board members;
Avoid the appearance of impropriety.
Written Correspondence:
The Sunshine Law applies to all Advisory Board business including written correspondence and
emails. Advisory Board Members should not communicate with each other via written or
electronic correspondence. Should an Advisory Board Member wish to send information to all
other Board members, he or she should send the information through the County StaJf Liaison as
a one-way communication.
Two way communication must be beld in the Sunsbine.
Discussions must occw at the public meeting.
The Sunshine Law and rules on communication apply only to matters that may
foreseeably come before the goveming board.
Social events are of course permissible - be mindfirl of the Sunshine Law!
Ouorum:
In order to hold a public meeting and take action, the Advisory Board must have a quorum of its
members physically present in the meeting room. Should an Advisory Board Member wish to
appear by phone, the Advisory Board must make a finding ofan extraordinary circumstance and
vote to approve the attendance by phone. Once approved, the mernber may participate and vote
as he or she would in person.
Insoection Trips:
The County Attomey Office recommends against two or more members taking an inspection trip
together. If an inspection trip is required, all elements of the Surshine Law must be strictly
followed. The County Staff Liaison should work with the County Attomey's Oflice to
coordinate an inspection ifone is required.
Penalties for viola tions of the Sunshine Law:
It is a second degree misdemeanor to knowingly violate the Sunshine Law and may include a
fine up to $500 or 60 days imprisonment, removal from position.
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Packet Pg. 29 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
Historv:
Florida began its tradition of fiansparency back in 1909 with the passage of Chapter I 19 of the
Florida Statutes or the "Public Records Law." This law provides that any records made or
received by any public agency in the course of its official business are available for inspection,
unless specifically exempted by the Florida Legislature. Over the years, the definition of what
constitutes "public records" has come to include not jusl traditional written documents such as
papers, maps and books, but also tapes, photographs, film, sound recordings and records stored
in computers.
What is a oublic record?
A public record encompasses all materials made or received by an agency in connection with
official business which are used to perpetuate, communicate or formalize knowledge, regardless
of whether such materials are in fina.l form.
Public records include: all documents, paper, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of physical form or
means of transmission made or received pusuant to law in connection with the transaction of
ofiicial business by the agency.
Applicability:
Advisory Board Members are required to adhere to the Public Records law. Any record made or
received by lhe Advisory Board Member in the course ofCounty business is a public record.
Recommendations:
- Should an Advisory Board member need to send a one-way communication to the
Advisory Board, he or she should copy the County Staff Liaison (at the County
employee's email address). 'Ihis will allow the email to be maintained on the
County's network server.
- Advisory Board members may wish to create a notebook to maintain all
committee business and once the committee service is over, provide the notebook
to the County Staff Liaison to maintain for compliance with the Public Records
Law.
- Generally, the document author is the custodian of the record. The Advisory
Board member is not required to maintain each agenda The County StaffLiaison
will maintain the agendas and the attached documents.
Exemptions may include:- Documents prepared for litigation or in anticipation of litigation, however these
documents lose the statutory exemption at the close of litigation.- Social security numbers of employees or former employees.- Sealed bid or proposals; there is a shade period that applies. Following the shade
period, the documents lose the statutory exemption and are public records.
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Public Records Law. Chapter ll9. Florids Statutes
Stetutorv exemotions mav aooly:
Generally all records made or received by an agency in the course of official business are public
records. There must be a specific statutory exemption in order for a record to be exempt (or
protected) from disclosure.
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Packet Pg. 30 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)
Public Records Reouests:
Public Records requests in Collier County are govemed by Ch. I19, Fla. Stat., and Collier
County Resolution No. 07-327. The Resolution provides:
- Requests may be made verbally or in writing by any person.
- The County cannot require the requestor to provide their request in writing.
- The County has a "reasonable" time to respond; however the County must take
action promptly and cannot create an arbitrary time to respond - for example 72
hours. Requests should be processed as received.
- The County may charge for the cost of retrieving the records if the amount
requested is voluminous. The County will charge actual staff time for work in
excess of one (l) hour to gather and review the records.- May charge 15 cents per page.
- The County is not required to create records that do not already exist.
- The County is not required to provide explanation ofrecords.
Pena Ities:
There are both civil and criminal penalties for knowingly violating the Public Records Law.
Social Networkine:
The Sunshine Law and Public Records Laws applies to Social Networking for example
Facebook, Twitter, and You Tube. This presents unique challenges to document and maintain
the records. Advisory Board members should avoid discussing official committee business on
these social networking sites - remember there can be no two-communication outside of the
Sunshine Law. If you are in a position to use social networking for Advisory Board business,
please discuss with your County Staff Liaison.
Ouestions. Dlease contact the Coun8 Attorney's Oflice:
Jeffrey A. Klatzkow, County Attomey
jeffklatzkow@colliergov.net
Colleen M. Greene, Assistant County Attomey
colleengreene@colliergov.net
3299 Tamiami Trail East, 8e Floor
Naples, FL 34112
(239)2s2-8400
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Packet Pg. 31 Attachment: Animal Services Meeting Agenda - July 21, 2020 (12991 : Animal Services Advisory Board - July 21, 2020)