Loading...
Ordinance 2003-53 ORDINANCE NO. 2003- 5__ 3__ ~IAN ORDINANCE OF COLLIER COUNTY, FLORIDA,' ~/SUPERSEDI?.G AND REPEALING COLLIER COUNTY" ORDINANCE NUMBERS 99-22 AND 00-58, COLLEC TIVELY KNOWN AS THE COLLIER COUNTY ETHICS ORDINANCE; PROVIDING A TITLE AND CITATION;-~ PROVIDING SCOPE; PROVIDING A STATEMENT OF.c? POLICY; PROVIDING FINDINGS; PROVIDING DEFI-~[z~, NITIONS; PROVIDING STANDARDS OF CONDUCT;~ PROVIDING FOR LOBBYIST REGISTRATION; PRO- VIDING FOR POST-EMPLOYMENT RESTRICTIONS; PROVIDING SUPPLEMENTAL PROVISIONS; PROVID- ING PENALTIES; SUPERSEDING AND REPEALING ORDINANCE NUMBERS 99-22 AND 00-58; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDI- NANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 112, Part m, Florida Statutes, establishes a code of ethics and provides standards of conduct for public officers and employees; and WHEREAS, the Board previously adopted a Collier County Ethics Ordinance to complement and enhance the State standards set forth in Chapter 112, Florida Statutes, in order to further the public's trust in their local government. WHEREAS, the Board desires, through this Ordinance, to clarify and strengthen the Collier County Ethics Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Code of Laws and Ordinances of Collier County, Florida, shall read as follows: SECTION ONE: TITLE AND CITATION This Ordinance shall be known and cited as the "Collier County Ethics Ordinance." SECTION TWO: SCOPE This Ordinance shall apply to all public servants of the Collier County Board of County Commissioners, which includes public officials, whether elected or appointed, and all county employees. SECTION THREE: STATEMENT OF POLICY It is the public policy of Collier County that public servants work for the benefit of the citizens of Collier County. It is the responsibility of each public servant to act in a manner that contributes to ensuring the public's trust in its government. In particular, to always be honest with the public they serve, and to be good stewards of the tax dollars entrusted to them. To this end, an individual covered by this Ordinance shall (1) not use his or her position as a public - 1- servant for unlawful gain or enrichment, (2) avoid conduct that gives the appearance of impropriety in the per[ormance of his or her public duties, and (3) not accept any items of value if the public servant knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance of his or her public duties. The statement of policy and general standards of conduct set forth in this section are not subject to the penalties provided for in this Ordinance. SECTION FOUR: FINDINGS (a) The report submitted to the Collier County Board of County Commissioners ("Board') on September 15, 1998, by the Ad Hoc Ethics Standards Review Committee ("Committee"), recommended the adoption of a local ethics code. (b) The Board finds that the legislative intent and declaration of policies set forth in Section 112.311, Florida Statutes, sets forth a laudable philosophy regarding the purpose, scope and application of ethics laws in relation to county officers and employees. Moreover, the Board also finds, based on the Committee's report, that additional, more stringent requirements are needed with regard to lobbyists, gifts, and post-county emploYment restrictions in order to promote and protect the public trust in its local government. (c) Section 112.326, Florida Statutes, authorizes the Board to impose more stringent standards 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 and disclosure requirements do not otherwise conflict with Chapter 112, Part Ill, Florida Statutes. (d) Section 125.69(1), Florida Statutes, provides, in pertinent part, that violations of county ordinances shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. The Board further finds that an efficient and effective method for the determination of allegations of violations of the additional more stringent ethical standards set forth in this Ordinance is through local enforcement thereof. (e) Section 112.313(13), Florida Statutes, authorizes the Board to adopt an ordinance establishing post-employment restrictions for certain designated county employees. (f) The Board finds that preservation of the integrity of the governmental decision-making process is essential to the continued functioning of an open government. Therefore, in order to preserve and maintain the integrity of the process and to better inform the citizens of efforts to influence legislative branch action, the Board finds it appropriate to require public registration and disclosure of the identity of certain persons who attempt to influence actions of the Board or actions of any of the County's quasi-judicial boards. (g) Section 112.3148(2)(b), Florida Statutes, authorizes the Board to establish, a local registration process for lobbyists. The Board finds that such a registration process serves to promote and protect governmental integrity as well as to foster open government. The Board further finds that such a public registration process for lobbyists may assist to promote full compliance by lobbyists with the lobbyist gift reporting requirements set forth in Section 112.3148, Florida Statutes. (h) The Board finds that more stringent requirements are needed with regard to the value of gifts that may be provided by lobbyists to public officers and employees beyond the standards set forth in Section 112.3148, Florida Statutes. Specifically, the Board finds that a zero gift limit, rather than $100.00 as set forth by Section 112.3148, Florida Statutes, should be enacted in order to better promote and preserve the integrity of the governmental decision-making process. (i) The Board finds that additional gift prohibitions are necessary for public officials prohibiting the receipt of any gift or any other thing of monetary value from anyone who the public official knows or reasonably should know is any way attempting to affect the official actions, business or finances of the county or from anyone that has an interest that may be substantially affected by the performance or nonperformance of duties of a public official. The Board further finds that prohibitions are necessary in regard to gifts between official superiors and subordinate public officials in order to preserve the ethical integrity of the performance of public service by County human resources. (j) Collier County Office of the County Administrator, Administrative Procedure, Instruction 5311(F) (Code of Ethics/Standards of Conduct), restricts Collier County employees from receiving gifts or other items of value in connection with the performance of official duties. Said restrictions exist separate and independent from the provisions of this Ordinance and Part m, Ch. 112, Florida Statutes. (k) Nothing in this Ordinance shall be construed to chill, restrict or prohibit the fi'tee exercise of any citizen's constitutional rights, including, but not limited to, the right to petition his or her County government or exercise his or her rights of free speech. SECTION FIVE: DEFINITIONS (a) For the purposes of this Ordinance, the definitions contained in Chapter 112, Part III, Florida Statutes, shall apply and control, in accordance with the subject matter, unless the text and/or context of this Ordinance provides otherwise. , Advisory Board Member means any person appointed by the Board of County Commissioners to any County board, committee or authority which has any final decision-making authority. Such Boards include, but are not limited to: Airport Authority Collier County Code Enforcement Board Collier County Planning Commission Contractors Licensing Board Library Advisory Board Public Vehicle Advisory Committee Utility Authority County Managerial Employee shall mean the County Manager, Assistant and/or Deputy County Manager, County Attorney, Chief Assistant County Attorney and all Division Administrators, and Department and Authority Directors of Collier County Government. Also included in this definition are those county employees actively engaged in selecting contractors or in supervising, overseeing, or vouchering for contract performance. Girl shall have the definition contained in Chapter 112, Part m, Florida Statutes, with the following additions and exceptions: (1) Additions: a. Initiation fees. (2) Exceptions: "Gift" shall not include: - 4- Co do Salary, benefits, services, fees, commissions, gifts, or expenses associated solely with the donee's employment, business, or service as an official or director of a corporation or organization. Contributions or expenditures reported pursuant to Chapter 106, Florida Statutes, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party. Gifts received from relatives, as defined in this section, or gifts received from a person who shares the same permanent legal residence at the time of the gift. However, no employee shall participate in the selection of a vendor or the approval of a contract if that employee has received a gift from someone representing the vendor or a contracting party, including gifts from relatives. Food or beverage accepted when (i) offered free in the course of a professional or civic meeting or group function at which attendance 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, seminar, or educational conference. In addition to all other circumstances where this Ordinance allows public servants to accept food and beverages, and notwithstanding any other section of this Ordinance or personnel manual to the contrary, public officials and all county employees may accept food or beverage as mentioned above in this subsection and consumed at a single sitting or event only if the costs for said food or beverage do not exceed the rate for the appropriate per diem allowance for said meal as provided in Chapter 112, Florida Statutes. If, under circumstances beyond the control of the donee, the costs exceed the per diem rate, the donee may accept said food or beverage but shall file a written disclosure statement within five working days of the acceptance with the County Manager on a form provided by the County Manager. The value of food or beverages, for purposes of this subsection, shall be the price that the consuming public would be expected to pay for the same item(s). eo Unsolicited advertising or promotional material such as pens, pencils, notepads, calendars, and other items of nominal commercial value may be accepted from individuals or entities reasonably likely to that are not cun'ently in a contractual relationship or seek a contractual relationship with Collier County. Unsolicited job-related literature may be accepted as well. f. Gifts given for participation in a program, seminar, or educational conference when such gifts are: 1. Of nominal commercial value, and 2. In the nature of a remembrance traditional to the particular sponsoring entity, or 3. Provided to all participants 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 a debt, loan, goods, or services, which rate and terms are customary and are at a government rate and terms available to all other similarly situated government employees or officials, or rates and terms which are available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. Lobbying shall mean, for direct compensation: influencing or attempting to influence legislative or quasi-judicial action or non-action through oral or written communication or an attempt to obtain the good will of a member or employee of the Board or of a Collier County advisory board or a quasi-judicial board. Lobbyist shall mean: (1) Any natural person who, for direct compensation, seeks, or sought during the preceding twelve months, to influence the governmental decision-making of a reporting individual or procurement 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 reporting individual or procurement employee or his or her agency. (2) A person who is employed and receives payment, or who contracts for economic consideration, for the purpose of lobbying, or a person who is principally employed for governmental affairs by another person or governmental entity to lobby on behalf of that other person or governmental entity. (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 exclus, ively by the judicial branch. However, attorneys representing clients or interests in legislative matters, for direct compensation, are engaged in lobbying and are subject to the provisions contained in this Ordinance. Nominal Commercial Value means anything with a value of less than $50.00 in the marketplace. Principal shall mean the person, firm, corporation, or other entity that has employed or retained a lobbyist. Public Official means members of the Board of County Commissioners, advisory board members, and county managerial employees. Public Servant includes all public officials, as defined above, and all employees of the Board of County Commissioners. Relative, as used in this Ordinance, is one who is related to another by blood, marriage, or adoption. The following relationships are included in this definition: husband, wife, parent, child, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, first cousin, father-in- law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, step grandparent, step grandchild, half brother, and half sister. SECTION SIX: STANDARDS OF CONDUCT (a) A public servant shall not accept a gift, directly or indirectly, if he or she knows or reasonably should have known that it was given with the intent to reward or influence him or her in the performance or nonperformance of his or her public duties: - 7- (b) No public servant shall participate in the selection of a vendor or the approval of a contract if that employee has received a gift, directly or indirectly, from someone representing the vendor or a contracting party, including gifts from relatives. (c) The following provisions regarding gifts from lobbyists are enacted as additional and more stringent standards of conduct and disclosure requirements than those specified in Section 112.3148, Florida Statutes: (1) A reporting individual or procurement employee or any other person on his or h,er behalf is prohibited from knowingly accepting, directly or indirectly, a gift from a political committee or a committee of continuous existence, as defined in Section 106.011, Florida Statutes, or from a lobbyist who lobbies the reporting individual's or procurement employee's agency, or directly or indirectly on behalf of the partner, firm, employer, or principal of a lobbyist. However, such a gift may be accepted by such person on behalf of a governmental entity or a charitable organization. If the gift is accepted on behalf of a governmental entity or charitable organization, the person receiving the gift shall not maintain custody of the gift for any period of time beyond that reasonably necessary to arrange for the transfer of custody and ownership of the gift. (2) A political committee or a committee of continuous existence, as defined in Section 106.011, Florida Statutes; a lobbyist who lobbies a reporting individual's or procurement employee's agency; the partner, firm, employer or principal of a lobbyist; or another on behalf of the lobbyist or partner, firm, principal, or employer of the lobbyist is prohibited from giving, either directly or indirectly, a gift to the reporting individual or procurement employee or any other person on his or her behalf; however, such person may give a gift to a reporting individual or procurement employee if the gift is intended to be transferred to a governmental entity or a charitable organization. (d)The following gift prohibitions for public officials are enacted as additional and more stringent standards of conduct than those specified Section 112.3148, Florida Statutes: (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: - 8- a. Has, or is seeking to obtain, contractual or other business or financial relations with the county department or board with which the public official is affiliated. b. Conducts or represents a person or entity that conducts operations or activities that are regulated by the county department or board with which the public official is affiliated. c. Is seeking zoning, permitting, or inspection approval from the county department or board with which the public official is affiliated. d. Has interests that may be substantially affected by the performance or non- performance of duties of the county public official. e. Is in any way attempting to affect the official actions of the county public official. This paragraph is not intended to prohibit a public official from obtaining a loan from a financial institution at a rate and terms available to all other similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. (e) No public official shall solicit a contribution from another person for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from a subordinate public official. (f) No public servant shall solicit a contribution from another person for a girl to a supervisor, make a donation as a gift to a supervisor, or accept a gift from an employee he or she supervises, except as provided in subsection (g). (g) Nothing in this section shall prohibit donations or giving gifts of nominal commercial value made between or amongst public servants on a special occasion or an established holiday. A special occasion, as contemplated in this section, includes those times when it has been regarded as customary to give a gift, such as a birthday, a wedding, the birth of a child or a grandchild, an adoption, a graduation, a promotion, permanent departure from the workplace or community, hospitalization, the loss of a loved one, retirement, or other similar occurrences. Nor does this paragraph prohibit public servants from participating in fund-raising activities for charitable purposes. (h) This section does not apply to items of value excepted out of the definition for a gift. - 9- SECTION SEVEN: LOBBYIST REGISTRATION (a) All lobbyists shall, before engaging in any lobbying activities, register with the clerk to the board located at the board minutes and records department. Every lobbyist required to so register shall: register on forms prepared by the clerk; pay an annual registration fee of $25.00; and state under oath his or her name, business name and address, and the name and business address of each person or entity that has employed said registrant .to lobby, as of the date of said registration. The registration shall be an annual registration and shall not require additional registration or amendment to the registration form by the lobbyist even if the lobbyist subsequently engages in lobbying for additional persons or entities. The purpose of the registration is merely to identify the registrant as a lobbyist. If, subsequent to the registration, the registrant ceases to act as a lobbyist, the registrant may file a request, on a form provided by the clerk, to not be listed as a lobbyist. However, pursuant to Section 112.3148, Florida Statutes, said registrant shall continue to appear on the list of lobbyists until the expiration of the time period set forth in said statute. In the event that the registrant neither withdraws nor re-re~isters, the registrant shall be placed on a "lobbyist status unknown" list for a period of 12 months from the expiration of the annual registration. The registration fee of $25.00 is nonrefundable. (b) Annual registration shall be required and shall initially commence on March 22, 1999. Thereafter, annual registration shall occur on or after October 1, of each year. Registration by lobbyists shall occur at any time during the calendar year provided that it occurs prior to the lobbyist 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 separate fund to be expended for the purpose of administering and maintaining the lobbyist registration list as well as to cover other related costs. Lobbyists shall not be charged a fee for filing the form for removal from the lobbyist list. (d) The following persons shall not be required to register as lobbyists: (1) Any public officer, employee or appointee who appears in his or her official capacity. (2) Law enforcement personnel conducting an investigation. - 10- (3) Any person who only appears in his or her individual capacity for the purpose of self- representation without compensation or reimbursement, whether direct, indirect or contingent, to express support or opposition to any item. (4) Any person who only appears as a representative of a neighborhood association without special compensations or reimbursement for their appearance, whether direct, indirect or contingent, to express support or opposition to any item. (5) Attorneys representing clients before a quasi-judicial body. (e) The clerk to the board shall keep accurate and complete records regarding lobbyist registration including an up-to-date list of all lobbyist registrations, lobbyists withdrawals from the list 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 1 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 committee, shall 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 applicable, 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 Commissioners or any of its divisions, departments, agencies, or boards on a matter in which he or she had material personal involvement during his or her period of county employment. SECTION NINE: SUPPLEMENTAL PROVISIONS This Ordinance sets forth more stringent supplemental standards of conduct in addition to the requirements of Chapter 112, Part 1II, Florida Statutes, entitled "Code of Ethics for Public Officers and Employees." This Ordinance shall not be construed to authorize or permit any 11- conduct or activity that is in violation of Chapter 112, Part III, Florida Statutes. In the event of a conflict between the provisions of this Ordinance and Chapter 112, Part III, Florida Statutes, the more restrictive/stringent provisions shall apply. It shall be the duty of each commissioner and of all county managerial employees and reporting individuals to become familiar with the Collier County Ethics Ordinance. To this end, the human resources director shall annually distribute to each such person a current copy of the "Florida Commission on Ethics Guide to the Sunshine Amendment and Code of Ethics for Public Employees" (or similar Florida Commission on Ethics publication) and a copy of this Ordinance. The specific duties set forth in this section of the Ordinance regarding familiarity with the ethics rules and distribution of informative materials shall not be subject to the penalties set forth in this Ordinance. SECTION TEN: PENALTIES Pursuant to Section 125.69, Florida Statutes, a person who violates any provision of this Ordinance shall be subject to prosecution in the name of the state in the manner as misdemeanors are prosecuted; and, upon conviction, such person shall be punished by a fine not to exceed $500.00 or by imprisonment in the Collier County Jail not to exceed sixty (60) days or by both such fine and imprisonment. SECTION ELEVEN: SUPERSEDING AND REPE3/LING ORDINANCE NUMBERS 99- 22 AND 00-58 Collier County Ordinance Numbers 99-22 and 00-58, which were collectively known as the Collier County Ethics Ordinance, are hereby superseded and repealed in their entirety as of the effective date of this Ordinance. SECTION TWELVE: 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 to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. INCLUSION IN THE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida, superseding Collier County Ordinance Numbers 99- 22 and 00-58, in their entirety. The sections of the Ordinance may be renumbered or re-lettered 12- to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~day of ~O~O..c' ,2003. ATTEST: Dwight E. Brock, CLERK D~ CLERK Michael W. Pettit Chief Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COl I JER ~//~TY'57IDA · Tom Henning, CHAIRMAN 0~ q-Z3-O~5 This ordinonce file(-! ~:/ich ¥~. ~L~y of ~, a~ ~know!edgeme~ ~ - 13- 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 2003-53 Which was adopted by the Board of County Commissioners on the 23rd day of September, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of September, 2003. DWIGHT E. BROCK. Clerk of Courts an~l~k Ex-officio to B6~rd of County Commissioners ~ By: Patricia L Deputy Clerk