Ordinance 010-1990 A
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`- Mayor John Stormont
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CD ; -' ORDINANCE NO. 010-1990
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T"7(JIN ORDINANCE PROVIDING FOR DEFINITIONS;
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o : "►OVIDING THAT NO FORMER COUNTY OFFICER OR
a. 91 4RPLOYEE SHALL, WITHIN TWO YEARS OF LEAVING
OFFICE OR EMPLOYMENT, LOBBY FOR ANOTHER
PERSON OR BUSINESS ENTITY IN ANY APPEARANCE
BEFORE OR COMMUNICATION WITH, A COUNTY BOARD,
COMMISSION, ADVISORY BODY, DEPARTMENT,
DIVISION, SPECIAL DISTRICT, OR BUREAU IN
CONNECTION WITH ANY PROCUREMENT OF GOODS
AND/OR SERVICES; PROVIDING FOR EXEMPTIONS;
PROVIDING THAT, EXCEPT AS REQUIRED TO DIS-
CHARGE OFFICIAL DUTY, NO COUNTY OFFICER OR
EMPLOYEE SHALL, ON BEHALF OF ANY OTHER PERSON
OR BUSINESS ENTITY MAKE AN APPEARANCE BEFORE,
OR COMMUNICATION WITH, ANY COUNTY BOARD,
COMMISSION, ADVISORY BODY, DEPARTMENT,
DIVISION, SPECIAL DISTRICT OR BUREAU IN
CONNECTION WITH ANY PROCUREMENT OF GOODS
AND/OR SERVICES ; PROVIDING FOR EXEMPTIONS;
PROVIDING THAT ANY PERSON OR BUSINESS ENTITY
WHICH HAS HAD A FORMER OFFICER OR EMPLOYEE
SUBJECT TO THIS ORDINANCE OR COUNTY EMPLOYEE
ACT ON ITS BEHALF IN CONNECTION WITH PROCURE-
MENT OF GOODS AND/OR SERVICES SHALL BE
INELIGIBLE FOR SUCH AWARD: PROVIDING THAT THE
COUNTY MAY TERMINATE CONTRACTS ENTERED INTO
IN VIOLATION OF THIS ORDINANCE WITHOUT
LIABILITY AND MAY DEDUCT FROM THE CONTRACT OR
PROCUREMENT PRICE, OR SEEK RECOVERY OF, ANY
MONIES PAID TO FORMER COUNTY OFFICERS OR
EMPLOYEES OR COUNTY EMPLOYEES BY A PERSON OR
BUSINESS ENTITY TO ACT ON ITS BEHALF IN
VIOLATION OF THIS ORDINANCE; PROVIDING FOR
PENALTIES ; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; AND PROVID-
ING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County
directed the County Administrator to formulate a comprehensive
set of policies for the purchase of goods and services , and
WHEREAS, on April 19, 1988, the Board of County Commis-'
sioners of Monroe County, at a regular meeting, adopted a set of
purchasing policies for Monroe County Board Departments and all
dependent districts, and
WHEREAS, according to those procedures , the Board of County
Commissioners is required to approve purchases totalling in
aggregate more than $10, 000 , without contract, and
WHEREAS, according to those procedures , the Board of County
Commissioners has delegated its authority to purchase totalling
in aggregate less, than $10, 000 , without contract, to the County
Administrator, and
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WHEREAS, according to those procedures, the Board of County
Commissioners has delegated its authority to purchase totalling
in aggregate less than $1 , 000 to Department Heads , without
contract, and
WHEREAS, the Board of County Commissioners has reserved to
itself the entering into of all contracts for goods and services,
irregardless of amounts of those services , and
WHEREAS, the Board of County Commissioners , through its
employees exercising various levels of procurement, has delegated
and entrusted their own public trust to those delegated such
procurement powers , and
WHEREAS, the Board of County Commissioners desires to
further advance and instill procurement ethics within the govern-
mental structure of Monroe County,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board hereby
adopts further requirements pertaining to Monroe County procure-
ment ethics requirements to be applied to all purchases of goods
and services for Monroe County, and hereafter applicable to any
and all employees , departments , special districts , Councils ,
Boards or committees of the Board of County Commissioners of
Monroe County or over which the Board of County Commissioners of
Monroe County sits as governing body:
Section 1 . Definitions as used in this ordinance:
a) "Advisory body" means any County board, commission,
committee, council or authority, whose powers , jurisdiction and
authority are solely advisory and do not include the final
determination or adjudication of any personal or property rights,
duties or obligations , other than those relating to its internal
operations . A body with land planning, zoning, or natural
resources responsibilities shall not be considered an advisory
body.
b) "Business entity" means any corporation, partnership,
limited partnership, proprietorship, firm enterprise, franchise,
association, self-employed individual, or trust, whether ficti-
tiously named or not, doing business in the State of Florida.
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c) An "employee" or "County employee" means any person
employed by the County Commission, whether by contract or not,
except those persons described in Section 1 (d) of this Ordinance.
d) "Officer" or "County officer" means those persons
defined in F.S. 112.3145 (a) (3) ; elected members of the County
Commission and any person appointed to fill a vacancy for an
unexpired term of such; any person appointed to a County board,
commission, authority, excluding independent special districts ;
or advisory bodies , serving under the County Commission.
e) "Person" means a natural person.
f) "Lobbying" means any degree of advocating by brand name
or corporate name of any product or service, whether done through
individual private or public personnel effort, with or without
receiving, having received, or intending to receive funds from
any source of such advocation.
g) "Agent" means a person acting or doing business for
another.
Section 2. No former County officer or employee shall,
within two years following vacation of office or termination of
employment, lobby on behalf of any other person or business
entity in any formal or informal appearance before, with the
intent to influence, make any oral or written communication on
behalf of any other person or business entity, to:
a) Any board, commission, authority, or.. advisory body, of
Monroe County; or
b) Any department, division, special district or bureau of
Monroe County, in connection with current or future procurement
of goods and/or services.
This section shall not apply in the case of collective
bargaining or to officers or employees who vacated office or
terminated employment prior to the effective date of this Ordi-
nance. This section shall also not apply to any officer holding
an elected office, or to an officer holding an appointment to any
board, commission, or authority, on the effective date of this
Ordinance except that, if such officer is elected or appointed
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for another term of office, which term commences after the
effective date of this ordinance, then this section shall apply.
Section 3. Except as required by statute, ordinance,
resolution, rule, or custom for the proper discharge of official
duty, no County officer, or employee shall, if elected or ap-
pointed after the effective date of this ordinance, make a formal
or informal appearance before, or, with the intent to influence,
make any oral or written communication in connection with current
or future procurement of goods and/or services, to:
a) Any board, commission, authority, or advisory body, of
Monroe County; or
b) Any department, division, or bureau, of Monroe County.
This section shall not apply in the case of collective
bargaining.
Section 4 . Any person or business entity who has had act
on his or its behalf in connection with any current or future
procurement of goods and/or services :
a) A former County officer or employee subject to the
prohibition of Section 2 of this Ordinance; or
b) A County officer or employee in violation of Section 3
of this Ordinance, shall be ineligible for the award for such
goods and services .
Section 5 . The County shall have the right to terminate,
at its discretion and without any liability, any procurement for
goods and/or services awarded to any person or business entity
who has had act on his or its behalf:
a) A former County officer or employee subject to the
prohibition of Section 2 of this Ordinance; or
b) A County officer or employee in violation of Section 3
of this Ordinance.
The County may also, in its discretion, deduct from the
goods and/or services price, or otherwise recover, the full
amount of any fee, commission, percentage, gift, or consid-
eration, paid to the former County officer or employee or County
officer or employee. Each contract entered into by the County
shall contain the following language:
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"(Person or business entity) warrants that he/it has
not employed, retained or otherwise had act on his/its
behalf any former County officer or employee subject to
the prohibition of Section 2 of Ordinance No. 010-1990
or any County officer or employee in violation of
Section 3 of Ordinance No. 010-1990 . For breach or
violation of this provision the County may, in its
discretion, terminate this contract without liability
and may also, in its discretion, deduct from the
contract or purchase price, or otherwise recover, the
full amount of any fee, commission, percentage, gift,
or consideration paid to the former County officer or
employee or County officer or employee."
Section 6. Any former County officer or employee who
violates Section 2 of this Ordinance shall be prosecuted in the
same manner as misdemeanors are prosecuted and, upon conviction,
shall be punished by a fine not to exceed $500 or by imprison-
ment in the County jail not to exceed 60 days or by both such
fine and imprisonment.
Section 7 . Any County officer or employee who violates
Section 3 of this Ordinance shall be prosecuted in the same
manner as misdemeanors are prosecuted and, upon conviction,
shall be punished by a fine not to exceed $500 or by imprison-
ment in the County jail not to exceed sixty (60) days or by both
such fine and imprisonment. Any County officer appointed to a
board, commission or authority who violates Section 3 of this
Ordinance may additionally be removed from office for cause.
Any County officer enumerated in Sec. 112.3145 (a) (3) , Fla.Stat. ,
who is not subject to career service under Chapter 2, Article
III, Monroe County Code, and Chapter 69-1321 , Laws of Florida,
and who violates Section 3 of this Ordinance may be additionally
discharged for cause. Any County officer subject to career
service or an employee who violates Section 3 of this Ordinance
shall have violated the standard of employment set forth in Sec.
2-142(12) , Monroe County Code, and may additionally be subject
to disciplinary action under Chapter 2, Division 9, Monroe
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County Code, up to and including discharge . A conviction in
County Court shall not be a condition precedent to removal from
office, discharge or discipline.
Section 8 . If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 9 . All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent
of said conflict.
Section 10. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the
County of Monroe, Florida, as an addition or amendment thereto,
and shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 11. 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 17th day of April, A.D. , 1990.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
Attest:DAIIY L KOIUAGE, Clerk
d.
erk
EFFECTIVE DATE:
A5 Q romw
AND fpA/S MIEN Y.
By
Attorney's Office
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL, (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL, (305) 294-4641
May 1, 1990
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852.9253
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tal~ahassee, Florida 32301 '
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No.
10-1990, providing that no former County officer or employee
shall, within two years of leaving office or employment, lobby
for another person or business entity in any appearance before or
communication with, a county board, commission, advisory body,
department, division, special district or bureau in connection
with and procurement of goods and or services.
This Ordinance was adopted by the Monroe County Board of
County Commissioners at a Regular Meeting in formal session
April 17, 1990. Please file for record.
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Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex Officio Clerk to the
Board of County Commissioners
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Clerk
cc: Municipal Code Corporation
Mayor John Stormont
Mayor Pro Tem Wilhelmina Harvey
Commissioner Douglas Jones
Commissioner Eugene Lytton
Commissioner Michael Puto
County Attorney, Randy Ludacer
County Administrator, Tom Brown
File
P 506 002 628 ~
RECEIP~ERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
P 506 002 629L~
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVER'Q~ ~~R"I~1ill
NOT FOR INTERNATIONAL MAIL
(See Reverse)
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FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
May 8/ 1990
I
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead street
Key West, Florida 33040
Attention: Nancy Cohen, Deputy Clerk
Dear Mr. Kolhage:
~
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of May 1, 1990 and certified
copy of Monroe County Ordinance No. 90-10/ which was filed in
this office on May 7/ 1990.
Si~~
Liz Cloud, Chief
Bureau of Administrative Code
LC/mb
Ms. Rosdlle l. Connelly
Deputy Clerk
"onrol.! County'
P. O. Bo~ 19BC
Key ~est, FL 33040
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~ t-eOO-342-CODE (Flori~i)
TO:
Ordinance Nos. 010-1990, 011-1990, 012-1990,
013-1990, 014-1990 and 015-1990.
We have received the following .aterial. Thank you
for your assistance ar:d cooperation.
05/07/90
Code Supale.!nt No. 39
~UNICIPAl CODE CORPORATION
Suppleeent Departlent
?O Bo;.; 2235
Tallahassee, Fl 32316-2235
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