Item N12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Mee6ng Date: April 15. 2009
Division:
County A Horney
Bulk Item: Yes 2L-
No
Department:
Staff Contact Person/Phone #: Cynthia L. Hall. 3174
AGENDA ITEM WORDING:
Approval to advertise a public hearing [or an ordinance creating Section 2~429 of the Monroe County
Code, a code of ethics for members of advisory or quasi-judicial boards.
ITEM BACKGROUND:
The intent of this ordinance is to prohibit members of any board perfonning quasi-judicial functions
and/or members of an advisory board from voting on any matter presented to an advisOlY board or
quasi-judicial board 011 which the person sits if the board member will be direetly or indirectly affected
by the action and the board member has any of the following relationships with any of the persons or
entities appearing before the board: (i) officer, director, partner, of counsel, consultant, employee,
fiduciary or beneficiaty; or (ii) stockholder, bondholder, debtor or creditor.
PREVIOUS RELEVANT BOCC ACTION:
At the March 2009 BOCC meeting, the BOCC requested that the County Attorney's Office prepare this
ordinance and set it for public hearing.
CONTRACT/AGREEMENT CHANGES:
Not applicable
STAFF RECOMMENDATIONS:
Approval to advertise a public hearing to be held in Key Largo on May 20, 2009
TOTAL COST:N/ A
INDIRECT COST: NI A
BUDGETED: N/ A
COST TO COUNTY: N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Y es ~ No --K- AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ij OMB/Purchasing _ Risk Management ___
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
ORDiNANCE NO. ~2009
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, CREATING SECTION 2~429 OF THE
MONROE COUNTY CODE, A CODE OF ETHICS FOR MEMBERS OF
ADVISORY AND QUASI-JUDICIAL BOARDS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATiON INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners to ensure that all members of advisory boards who ::ire also
members of outside organizations (including both non-profit and for-profit
companies) do not vote on items in which the members, or their outside
organizations, may gain a financial benefit, either direct or indirect; and
WHEREAS, Section 112.326, F.S., allows local governments to enact
ordinances more stringent than all parts of the Florida Ethics Code, including
Section 112.3143, F.S" covering voting conflicts.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
[PROPOSED TEXT CHANGES are presented in strikethrough to indicate
deletions and underline to indicate additions.]
Section 1. A new section 2-249 of the Monroe County Code is added to
read as follows:
Votino Conflicts: Members of Advisorv and Quasi-Judicial Boards.
(a) No members of any board performinq quasi-judicial functions
and/or members of an advisory board shall vote on any matter
presented to an advisory board or quasi-iudicial board on which
the person sits if the board member will be directly or indirectly
affected by the action of the board on which the member serves.
and the board member has any of the followinq relationships with
any of the persons or entities appearinQ before the board: (i)
officer. director. partner. of counsel. consultant. employee.
fiduciary or beneficiary; or (in stockholder. bondholder. debtor or
creditor.
(b) Any such contract. aQreement or business enqaoement entered
in violation of this section shall render the transaction voidable at
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the election of the Monroe County Board of County
Commissioners.
Section 2. If any section, subsection, sentence, clause, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected such
invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of the conflict.
Section 4. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances in the County of Monroe, Florida, as
additions or amendments thereto.
Section 5. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the _ day of March, 2009.
Mayor George Neugent
Mayor Pro Tem Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By: Deputy Clerk
By: Mayor/Chairperson
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