Agenda 07/27/2010 Item #16F 4Agenda Item No. 16F4
July 27, 2010
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves a
waiver of provision in CMA 5311 for serving in a decision— making capacity
for an entity receiving direct or indirect funding from the Board of County
Commissioners for Jack Wert to serve on the United Arts Council of Collier
County Advisory Board and the Visit Florida Board of Directors and Florida
Commission on Tourism.
OBJECTIVE: Waiver of CMA 5311 provision regarding serving on a volunteer
board that indirectly receives funding from the Board of County Commissioners.
CONSIDERATIONS: On June 7, 2010, the Board of County Commissioners
approved an amendment to CMA 5311 that requires all employees of the County
Manager's Agency to not serve in a decision - making capacity with an entity that
receives direct or indirect funding from the Board of County Commissioners.
We have reviewed with the County Attorney the volunteer positions that Jack
Wert holds and he recommends that if Mr. Wert wishes to continue in these
positions, that he requests that the Board waive this restriction. We are
requesting these waivers as a pre - emptive measure to ensure there is no
perception of conflict.
1. Jack Wert serves on the Community Advisory Board for United Arts Council
of Collier County. This is only an advisory role, with no decision - making
capacity or influence on the business of the United Arts Council. However, the
United Arts Council does receive an annual grant from tourist development
tax funds to assist them in producing and distributing their monthly arts and
culture events calendar. Jack would like to continue to advise United Arts on
marketing opportunities through this advisory board role. We feel that his
involvement with United Arts benefits Collier County and furthers our
commitment to supporting arts and cultural offerings in our community.
Therefore, we request a waiver for Jack Wert of the restriction covered in
CMA 5311 for this organization.
2. Jack Wert serves on the Board of Directors for Visit Florida, the state tourism
promotion organization, and on the Florida Commission on Tourism. These
two positions are appointed by the Governor of Florida for a four year
renewable term. The Visit Florida Board makes final decisions based on their
staff recommendations on how their public and private sector funding is spent
to promote statewide tourism. Collier County pays Visit Florida an annual
partner or membership fee and we participate with them in some trade shows
and co -op advertising opportunities using tourist development tax funds.
Jack's voluntary involvement with Visit Florida on their Board of Directors,
various statewide tourism committees and on the Florida Commission on
Tourism is a benefit to Collier County and gives us a leadership role in this
important organization for world -wide tourism promotion. We therefore
request a waiver for Jack Wert of the restriction covered in CMA 5311 for
these organizations.
P:genda Item No. IGF4
July 27, 2010
Page 2 of 7
FISCAL IMPACT: There is no fiscal impact related to this action.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management Plan with this action.
LEGAL CONSIDERATIONS: CMA 5311 provides in relevant part as follows:
"Employees may not serve in a decision - making capacity for any entity
that receives funding (either directly or indirectly) from the Board of County
Commissioners, including grant funding. Prior to an entity making a request for
funding from the Board of County Commissioners, any employee serving the
agency in a decision - making capacity must resign from that position. The Board
may, with good cause shown, waive this restriction upon a super majority
vote." (emphasis added)
As to Mr. Wert's first request regarding to the Community Advisory Board
for United Arts Council of Collier County, my response to Mr. Wert was as
follows:
Answer: This is problematic. As I understand your role, as CVB Director you
are involved in funding this organization with TDC money. As a Community
Advisory Board member, you are advising them on how to spend this money for
marketing purposes. Although this may not be a direct contravention of the new
Ethics Policy, I do believe that you are potentially subjecting yourself to
significant conflict questions. My recommendation would be that if you wish to
remain in this capacity, that you do so by going to the Board and asking them to
waive this restriction.
As to Mr. Wert's second request regarding the his serving on the Board of
Directors for Visit Florida, the state tourism promotion organization, and on the
Florida Commission of Tourism, my response to Mr. Wert was as follows:
Answer: My recommendation would be that if you wish to remain in this
capacity, that you do so by going to the Board and asking them to waive this
restriction.
A copy of my full response to Mr. Wert is included in the back -up
materials. -JAK
RECOMMENDATION: That the Board of County Commissioners approves a
waiver of provision in CMA 5311 for serving in a decision — making capacity for an
entity receiving direct or indirect funding from the Board of County
Commissioners for Jack Wert to serve on the United Arts Council of Collier
County Advisory Board and the Visit Florida Board of Directors and the Florida
Commission on Tourism.
SUBMITTED BY: Jack Wert, Tourism Director
Agenda Item No. 16F4
July 27, 2010
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16F4
Item Summary: Recommendation that the Board of County Commissioners approves a waiver of provision in
CMA 5311 for serving in a decisionmaking capacity for an entity receiving direct or indirect
funding from the Board of County Commissioners for Jack Wert to serve on the United Arts
Council of Collier County Advisory Board and the Visit Florida Board of Directors and Florida
Commission on Tourism.
Meeting Date: 7/27/2010 9:00:00 AM
Prepared By
Jack Wert
Director - Tourism
Date
Tourism
Tourism
7/9/2010 10:33:04 AM
Approved By
Jack Wert
Director - Tourism
Date
Tourism
Tourism
719,2010 2:34 PM
Approved By
Jeff Klatzkow
County Attorney
Date
71912010 3:16 PM
Approved By
OMB Coordinator
Date
Cou:,Yy Manager's Office
Ctflre of M- Mnzaerrent & Buoget
7 11212010 9:28 AM
Approved By
Pandy Greenwald
Analyst
Date
^`lice of Management &
Eotiget
Office of M.araaement & Budg ^t
7!1212010 9:34 £.M
Approved By
fi @ark 'sacl son
Pt.anr;_lcmcr,CEudeet A.na;vst, Senior
i;at. -,
Office 0` Management &
E.uda�r
Office of Ma; avo cnt & B�xget
7/12120;0 2:40 PM
AAge,)da Item No. 16F4
July 27, 2010
Page 4 of 7
From: KlatzkowJeff
To: WertJac
cc: GreeneColleen; AlthouseTarr mv_
Subject: FW: (RLS) FW: Questions on various Volunteer Boards
Date: Thursday, June 10, 2010 4:30:00 PM
Attachments: CMA 5311 Amendment Annual Ethics Coveraoe.pdf
Jack: You have asked this Office the following questions:
"In light of the surprising new changes to the County's Ethics policy, I would like
your guidance on the following boards and organizations that I serve on as a
volunteer:
1. For The Children's Museum of Naples, I serve on their Corporate Giving
Committee that is soliciting donations from the private sector for the
Museum. I do not serve on the Board of Directors and have no say in the
operation or use of funds by the Museum. The museum does receive TDC
grant funding, but I have no vote on the TDC, nor any policy making power
with the Board of Directors of the Museum. Is this a board I must resign
from?
2. I serve on the Community Advisory Board for United Arts Council of
Collier County. This is not a Board of Directors position and I have no vote
or influence on the operation or expenditures of United Arts. My only role is
to advise on possible ways for United Arts to market themselves better to
visitors and residents. United Arts is a recipient of tourist tax funds through
grants and we share the cost of producing other printed arts and culture
related materials for visitors to Collier Country. Is this a Committee I must to
resign from?
�. I serve on the Visit Florida Board of Directors and on the Florida
Commission on Tourism. These are Florida Governor appointed positions.
The Visit Florida Board makes decisions on how their funds are spent and we
do use tourist tax funds to pay an annual Partnership fee to Visit Florida for
membership in that organization. We also contribute tourist tax funds to co-
op marketing programs and trade show participation offered by Visit Florida.
Is this a board I must to resian from?
4. I sery e on the Board of Directors for the Destination Marketing
Accreditation Program. In this role I review applications from other
destinations for possible accreditation. Our CV B is accredited by this
organization and we use tourist tax finds to pay an annual fee to maintain
this accredited status. Is this a Board I must resign from?"
Before ansve cring your questions. plrasc not: that there is nothie« surprising
Agenda Item No, 16F4
July 27, 2010
Page 5 of 7
about the change to CMA 5311 by the addition of Subsection M, a copy of
which is attached. It is fully consistent with long- standing Board policies, and
was a direct response to a significant issue (and resulting lawsuit) arising from a
staff member serving in a decision making capacity of a non - profit corporation
that received funding through this very staff person's department.
1. For The Children's Museum of Naples, I serve on their Corporate Giving
Committee that is soliciting donations from the private sector for the Museum. I do
not serve on the Board of Directors and have no say in the operation or use of funds
by the Museum. The museum does receive TDC grant funding, but I have no vote
on the TDC, nor any policy making power with the Board of Directors of the
Museum. Is this a board I must resign from?
Answer: Provided that this is not a decision making position, I do not believe there
is a conflict. In other words, if all you are doing is soliciting money from the private
sector during personal time, I see no distinction between doing this for the
Children's Museum or doing so for a similar organization such as the United Way.
2. I serve on the Community Advisory Board for United Arts Council of Collier
County. This is not a Board of Directors position and I have no vote or influence on
the operation or expenditures of United Arts. My only role is to advise on possible
ways for United Arts to market themselves better to visitors and residents. United
Arts is a recipient of tourist tax funds through grants and we share the cost of
producing other printed arts and culture related materials for visitors to Collier
Country. Is this a Committee I must to resign from?
Answer: This is problematic. As 1 understand your role, as CVB Director you are
involved in funding this organization with "ITC' money. As a Community Advisory
Board member, you are advising them on how to spend this money for marketing
Purposes. Although this may not be a direct contravention of the new Ethics Policy,
I do beiie�e that you are potentially subjecting yourself to significant conflict
questions. My recommendation would be that if you wish to remain in this
capacity, that you do so by going to the Board and asking them to waive this
restriction.
3. I serve on the Visit Florida Board of Directors and on the Florida Commission
on Tourism. These are Florida Governor appointed positions. The Visit Florida
Board makes decisions on how their funds are spent and we do use tourist tax funds
to pay an annual Partnership fee to Visit Florida for membership in that
organization. We also contribute tourist tax funds to co -op marketing programs and
trade show participation offered by Visit Florida. Is this a board I must to resign
Agenda Item Na 16F4
July 27, 2010
Page 6 of 7
from?
Answer: My recommendation would be that if you wish to remain in this capacity,
that you do so by going to the Board and asking them to waive this restriction.
4. I serve on the Board of Directors for the Destination Marketing Accreditation
Program. In this role I review applications from other destinations for possible
accreditation. Our CVB is accredited by this organization and we use tourist tax
funds to pay an annual fee to maintain this accredited status. Is this a Board I must
resign from?"
Answer: I see no issue here. There is no decision making taking place with
spending TDC dollars on a required annual accreditation fee, which I assume is
minimal. If you are using TDC dollars in other ways, then you need to go to the
Board.
Feel free to call either of us with any questions.
Jeff Klatzkow & Colleen Greene
Agenda Item No. 16F4
[[�'�� {- July 27, 2010
CQ 7C'+Y VQLLYEty Page 7 of 7
Administrative Services Division
Human Resources
r �c
Memorandum
To: County Commissioners, County Manager, County Attorneys, Division Adminior2to11*� _
Executive Directors, Directors, Chief Inspectors, Purchasing Supervisors, PnrchasieE�.;
Agents, Advisory Board Members
From: Amy Lyberg, Human Resources Director
Date: June 7, 2010
Subject: CMA 5311 Amendment/Annual Ethics Coverage
Enclosed for your review is a copy of CMA 5311 — Code of Ethics, which was amended with new
language at the meeting of May 11, 2010 by the Board of County Commissioners. The revised CMA
includes a new provision on page two of the CMA, section M, which reads:
M Employees may not serve in a decision - making capacity for any entity than receives funding
(either directly or indirectly) from the Board of County Commissioners, including grant
firrrding Prior to an entity making a request for fimdtng from the Board of County
Commissioners, any employee serving the agency in a decision - making capacity must resign
from that position. The Board may, with good cause shown, waive this restriction upon a
super majority vote.
Additionally, we have included a copy of the 2010 "Florida Commission on Ethics Guide to the
Sunshine Amendment and Code of Ethics for Public Officers and Employees" booklet.
The Board provided for a thirty day window from the date of approval (5111/10) for employees to come
into compliance with the added language in our CMA. This provision applies to all employees of the
County Manager's Agency, regardless of the position they hold_ We encourage you to carefully review
any and all volunteer or philanthropic position(s) you may hold. Also, please follow up with your staff
to make sure they have a copy of the revised policy, which is also posted on the HR intranet website.
Each employee should review his or her involvement with entities outside of the scope of their work
responsibilities to make sure they are not in violation of the new directive.
In addition to the CMA and this booklet, it is the responsibility of all employees of the Board of County
Commissioners Agency, as well as Advisory Board members, to be familiar with the County's Ethics
Ordinance (No. 2004 -05, as amended).
Should you have any questions regarding the provisions of this ordinance, the County CMA or the
_ Florida Commission on Ethics publication, please contact the Office of the County Attorney.
Enclosures
'-uman Res =,- s D=„ a:ri n .:3 '. --7s! i i ra; 31r,3. D. • fda?!'s. F,a ;nF, '1,12 • =39 ,_ 9 =53 r: ? _-394-2-2 B455