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Ordinance 99-22~ , ! :, ORDINANCE NO. 99-.?.2._ gR 1999 ); AN ORDINANCE PROVIDING FOR THE RECEIVED ESTABLISHMENT OF MORE STRINGENT LOCAL Clerk ETHICS STANDARDS AND FOR ENFORCEMENT of Board THEREOF; PROVIDING FOR TITLE AND CITATION; ,. PROVIDING FOR FINDINGS; PROVIDING FOR " DEFINITIONS; PROVIDING FOR PROHIBITED RECEIPT OF GIFTS BY INDIVIDUALS FILING FULL OR LIMITED PUBLIC DISCLOSURE OF FINANCIAL INTERESTS AND BY PROCUREMENT EMPLOYEES; PROVIDING FOR LOBBYIST REGISTRATION; PROVIDING FOR POST- EMPLOYMENT RESTRICTIONS; PROVIDING FOR SUPPLEMENTAL PROVISIONS; PROVIDING FOR PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 112, Part III, Florida Statutes, establishes a code of ethics and provides standards of conduct for public officers and employees; and WHEREAS, Section 125.01(1), Florida Statutes, authorizes the goveming body of a county to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violation of ordinances in accordance with the law; and WHEREAS, the Collier County Board of County Commissioners ("Board") appointed an Ad Hoc Ethics Standards Review Committee ("Committee") on June 16, 1998 by Resolution No. 98-186; and WHEREAS, said Committee met, discussed and presented a report to the Board on September 15, 1998, recommending that the Board adopt a local ethics code; and WHEREAS, the Board desires to adopt a local ethics law that will complement the State standards set forth in Chapter 112, Florida Statutes, as well as create more efficient local enforcement and provide additional requirements that will serve to promote and protect the public's trust in their local government. WHEREAS, the Board intends that the standards set forth in this ordinance shall be more stringent and in addition to those established in Chapter 112, Part III, Florida Statutes, as authorized by Section 112.326, F.S. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: - 1- SECTION ONE: TITLE AND CITATION. This Ordinance shall be known and cited as the "Collier County Ethics Ordinance." SECTION TWO: FINDINGS. 1. The report submitted to the Collier County Board of County Commissioners ("Board') by the Ad Hoc Ethics Standards Review Committee ("Committee") recommends the adoption of a local ethics code. 2. 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. 3. 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 III, Florida Statutes. 4. 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. 5. Section 112.313(13), Florida Statutes, authorizes the Board to adopt an ordinance establishing post-employment restrictions for certain designated county employees. The Board further finds that said restrictions should apply only to those certain designated County employees who began their employment with County government subsequent to March 9, 1999. - 2- 6. The Board finds that preservation of the integrity of the governmental decision- making process is essential to the continued functioning of an open govemment. 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. 7. 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 govemment. 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. 8. The Board finds that more stringent requirements are needed with regard to the value of gifts which 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 limit of $50.00, 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. 9. Collier County Office of the County Administrator, Administrative Procedure, Instruction 5311 (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 III, Ch. 112, Florida Statutes. 10. Nothing in this Ordinance shall be construed to chill, restrict or prohibit the flee exercise of any citizen's constitutional rights, including, but not limited to, the right to petition his or her County govemment or exercise his or her rights of free speech. SECTION THREE: DEFINITIONS. 1. 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. 2. "County Managerial Employee" shall mean the County Administrator, ---- Assistant County Administrator, County Attorney, Chief Assistant County Attorney and all Division Administrators and Authority Directors of Collier County Government. 3. "Lobbying" shall mean 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. 4. "Lobbyist" shall mean: a. Any natural person who, for 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 procuremerit employee or his or her agency. b. 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. c. A person who registers with the Board as a lobbyist pursuant to Section Five of this Ordinance. 5. "Principal" shall mean the person, firm, corporation, or other entity which has employed or retained a lobbyist. - 4- SECTION FOUR: PROHIBITED RECEIPT OF GIFTS BY INDIVIDUALS FILING FULL OR LIMITED PUBLIC DISCLOSURE OF FINANCIAL INTERESTS, AND BY PROCUREMENT EMPLOYEES. 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 her 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, if he or she knows or reasonably believes that the gift has a value in excess of $50.00; 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 chadtable 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 parmer, firm, principal, or employer of the lobbyist is prohibited from giving, either directly or indirectly, a gift that has a value in excess of $50.00 to the reporting individual or procurement employee or any other person on his or her behalf; however, such person may give a gift having a value in excess of $50.00 to a reporting individual or procurement employee if the gift is intended to be transferred to a govemmental entity or a chadtable organization. SECTION FIVE: LOBBYIST REGISTRATION. 1. 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 - 5- address, and the name and business address of each person or entity which 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- registers, the registrant shall be placed on a "lobbyist status unknown" list for a period of twelve (12) months from the expiration of the annual registration. The registration fee of $25.00 is non-refundable. 2. 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. 3. 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. 4. The following persons shall not be required to register as lobbyists: a. Any public officer, employee or appointee who only appears in his or her official capacity. b. Law enforcement personnel conducting an investigation. c. 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 of or opposition to any item. - 6- d. Any person who only appears as a representative of a neighborhood association without special compensation or reimbursement for their appearance, whether direct, indirect or contingent, to express support of or opposition to any item. 5. The Clerk to the Board shall keep accurate and complete records regarding lobbyist registration including an up to date list of all lobbyist registrations, lobbyist withdrawals from the list and a "lobbyist status unknown" list. 6. 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. 7. The validity of any action or determination of the Board or of any county personnel, board or committee, shall not be affected by the failure of any lobbyist to comply with the provisions of this section. SECTION SIX: POST-EMPLOYMENT RESTRICTIONS. 1. No County Managerial Employee shall personally represent another person or entity for compensation before the govemment body or agency of which the individual was an officer or employee 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. 2. These post-employment restrictions shall apply only to those County Managerial Employees who began employment with Collier County Government on or after March 9, 1999. SECTION SEVEN: SUPPLEMENTAL PROVISIONS. This Ordinance sets forth more stringent supplemental standards of conduct in addition to the requirements of Chapter 112, Part III, Florida Statutes, entitled "Code of Ethics for Public Officers and Employees." This Ordinance shall not be construed to authorize or permit any 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. - 7- 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 Seven regarding familiarity with the ethics rules and distribution of informative materials shall not be subject to the penalties set forth in Section Eight of this Ordinance. SECTION EIGHT: 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 same 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 (60) days or by both such fine and imprisonment. SECTION NINE: 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. The sections of the Ordinance may be tenumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TEN: 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 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. SECTION ELEVEN: EFFECTIVE DATE. This Ordinance shall become effective on April 12, 1999. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thist~~1 day of ~ ,1999. A:TTEST:, ,,: :. BOARD OF COUNTY COMMISSIONERS · E.'sP-0C , Cl.kCOt, UEP, COttonY, ORmA 2 "';,.'~ ."i ~:~' Q .....', ~'::':' '~;- ~'.': .'5 .'~- :' ':,' '?'~"~ P~ELA S. MAC'~E, Chai~om~ :'; This ordinance fi~ed with the .- ..., Secreta~ of Siote's Office the Approved ~ to fo~ ~d /~dey of -~, and ockr:ow~edaement of ~'hat legal sufficiency:, filing received i~his o{ ~~/~ Ch~~ Depu~/Clerk Chief Assist~t County Attorney H :public/dcbbic~ordin ancc~ 1 ~98/cthics ordinance - 9- 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 copy of: ORDINANCE NO. 99-22 Which was adopted by the Board of County Commissioners on the 9th day of March, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this llth day of March, 1999. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of By: Lisa Steele, Deputy Clerk ~