Agenda 12/08/2020 Item #10B (BCC Response to CM Agency Developments)12/08/2020
EXECUTIVE SUMMARY
Recommendation to discuss Board response to the recent developments in the County Manager
Agency.
OBJECTIVE: To discuss the future management of the County Manager Agency.
CONSIDERATIONS: By letter to the Board dated December 1, 2020, County Manager Leo Ochs
notified the Board that he would be retiring effective May 31, 2021. This letter follows Deputy County
Manager Nick Casalanguida’s notice that he would be leaving his position with the County. Given that
the Board’s next meeting will not be until January, I would like to discuss what the Board’s response
should be in light of these and other developments.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal
issues at this time, and requires majority support for Board action. - JAK
RECOMMENDATION: That the Board discuss the future management of the County Manager
Agency.
Prepared by: Penny Taylor, District 4
ATTACHMENT(S)
1. 1547382 Anita Jenkins Memo (PDF)
10.B
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12/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.B
Doc ID: 14357
Item Summary: Recommendation to discuss Board response to the recent developments in the
County Manager Agency. (Commissioner Taylor)
Meeting Date: 12/08/2020
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
12/02/2020 1:41 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
12/02/2020 1:41 PM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/02/2020 2:14 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/02/2020 4:54 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
10.B
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OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
TO: Anita Jenkins, Community Planning Manager
Thaddeus Cohen, Department Head, Growth Management Department
FROM: Jeffrey A. Klatzkow, County Attorney, and
Colleen M. Greene, Managing Assistant County Attorney
DATE: June 12, 2020
RE: Ethics inquiry
Ms. Jenkins contacted this Office via email on June 3, 2020, with the following inquiry:
“I’m seeking guidance on a potential conflict of interest. My son receives a
substantial college scholarship each semester from the Collier Family Office, Inc.,
established by Miles Collier. Mr. Collier is also affiliated with Collier Enterprises.
Our ethics direct us to avoid projects where we have an associated financial interest
with the applicant, therefore I am not directly involved in commenting on individual
Collier Enterprises projects. Occasionally, I do see emails on their projects where
I’m copied as part of the supervisory chain of command.
Collier Enterprises is also a property owner involved in larger planning efforts that
affect multiple property owners, such as the Rural Lands Stewardship Area. When
I review our planning ethics, I find working on projects that affect multiple property
owners equally, such Comprehensive Plans, would not constitute a conflict.
Please advise.”
During a telephone call with Ms. Jenkins, we further understand the issue to include the
following information:
Ms. Jenkins’ adult son is a student at Eckerd College with an academic scholarship. Mr.
Collier is the President of Eckerd College. The scholarship does not include the additional costs
of room and board, so Ms. Jenkins’ son applied to Mr. Collier for an additional scholarship which
he was awarded.
Ms. Jenkins’ inquiry raises potential issues with respect to both the State Ethics Code and
the Collier County Ethics Ordinance. These issues will be addressed separately.
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The State Ethics Code
The State Ethics Code is administered by the Florida Commission on Ethics. Accordingly,
as is our custom in matters such as this, we reviewed Ms. Jenkins’ inquiry with the Executive
Director of the Florida Commission on Ethics. The Executive Director advised that there is no
State Ethics Issue. The Director’s analysis is that the provision in the Florida Statutes most closely
related is Section 112.313(4), which provides:
“UNAUTHORIZED COMPENSATION.—No public officer, employee of an
agency, or local government attorney or his or her spouse or minor child shall, at
any time, accept any compensation, payment, or thing of value when such public
officer, employee, or local government attorney knows, or, with the exercise of
reasonable care, should know, that it was given to influence a vote or other action
in which the officer, employee, or local government attorney was expected to
participate in his or her official capacity. (emphasis added.).”
Section 112.313(4), unauthorized compensation, specifically applies to an employee of a
local government, like Ms. Jenkins, however the restriction does not include her adult child. In
addition, there is no indication that the scholarship was provided to Ms. Jenkins’ son in an attempt
to influence a vote or other action by Ms. Jenkins. Ms. Jenkins advised that she has never met Mr.
Collier.
Ms. Jenkins’ further advised that in her current position she does not directly review Collier
Enterprises land use applications, however she may be copied or included on correspondence in
her chain of command. One of the projects that Ms. Jenkins’ is currently working on is review of
the Collier County Rural Land Stewardship Area (RLSA) in which there are nine major property
owners including Collier Enterprises. Ms. Jenkins’ further provided that she works with a team to
develop RLSA policy recommendations to the Collier County Planning Commission which
policies are subsequently recommended to the Board of County Commissioners for approval.
The Executive Director of the Florida Commission on Ethics advised that given these
circumstances, there is no legal conflict, though arguably there might be the appearance of a
conflict. Ms. Jenkins is aware to not provide any special consideration to Collier Enterprises as a
result of her adult son’s scholarship. We would encourage Ms. Jenkins to continue to work with
others when possible so that the recommendation is a department recommendation rather than the
recommendation of one individual.
The Collier County Ethics Ordinance
This Office also reviewed Collier County’s Ethics Ordinance. Collier County’s Ethics
Ordinance is more stringent than the State Ethics Code. This Office finds that as long as Ms.
Jenkins continues in her present role with the County, there is no violation of the County’s Ethics
Ordinance, although one could argue that there may be the appearance of an impropriety.
During a conversation between Thaddeus Cohen and the County Attorney, we were
notified that Ms. Jenkins is being considered for a promotion to Interim Director of Planning.
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Should that occur, she becomes a “County Managerial employee” pursuant to the County Ethics
Ordinance, and she would then be considered a “Public Official.”
The County’s Ethics Ordinance provides:
The following gift prohibitions for public officials are enacted as additional and
more stringent standards of conduct than those specified F.S. § 112.3148:
(1) Public officials shall not solicit or accept, directly or indirectly, any fee,
compensation, gift, gratuity, favor, food, entertainment, loan, or any other thing
of monetary value, from anyone who the public official knows or reasonably
should know….
c. Is seeking zoning, permitting, or inspection approval from the county
department or board with which the public official is affiliated.
When reading the County’s Ethics Ordinance together with Section 112.313(4), Fla. Stat.,
Ms. Jenkins herself is not soliciting or accepting anything of value from Mr. Collier as the
scholarship is being provided to her adult son. The County Attorney views this as a very fine line,
however, especially given the broad prohibitions intended by the County’s Ethics Ordinance.
Accordingly, even though there is no legal conflict of interest, in an abundance of caution, Ms.
Jenkins, together with her Department Head Mr. Cohen, ought to review this matter with the
County Manager before accepting the position of Interim Director of Planning.
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Packet Pg. 484 Attachment: 1547382 Anita Jenkins Memo (14357 : Recommendation to discuss Board response to the recent developments in the County