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Item O18 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 20, 2008 Division: Mayor Mario DiGennaro, District 4 Bulk Item: Yes Staff Contact Person: Tanlara Lundstrom AGENDA ITEM WORDING: Approyal of a Resolution censuring a County Commissioner and directing staff to draft a proposed policy for future infractions of County policy by a County Commissioner. ITEM BACKGROUND: I It has been brought to the attention of the County Commission that the County's e-mail I function has been used inappropriately by a Commissioner in violation of Countts policies and procedures and specifically County Administrative Instruction 4404.2.5. This Resolution censures the Commissioner and directs staff to draft a proposed policy to be used by the Board for any future infractions of County policy by a County Commissioner. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: YES NO AMOUNT PER MONTH Year -~- - APPROVED BY: County Arty ~ OMB/Purchasing _ Risk Management DOCUMENTATION: Inc1uded_X_ Not Required DISPOSITION: AGENDA Item# Mayor Mario Di Gennaro RESOLUTION NO. -2008 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CENSURING A COMMISSIONER WHEREAS, on occasion a commissioner may act in a manner which is not within the acceptable norm of behavior but for which there are no remedies available or disciplinary action which can be taken; and WHEREAS, it has been brought to the attention of the County Commission that Commissioner George Neugent has, using the County e-mail function, sent a video which is composed of excerpts wherein women's breasts are bared; and WHEREAS, Commissioner Neugent has also sent other e-mails with content that include, statements about injuring other commissioners and about politicking to have other commissioners removed through the political process; WHEREAS, some commissioners and some constituents have voiced outrage at the use of County e-mail to forward this video, including transmission to County staff members; and WHEREAS, other e-mails containing material which some commissioners find improper have been sent by Commissioner Neugent using the County e-mail function; and WHEREAS, there is a provision in County Administrative Instruction 4404.2.5 prohibiting improper use of the Internet, including "receipt and dissemination of sexually explicit. . . information"; and WHEREAS, the County Personnel Policies and Procedures Manual provides in the statement of intent that all officials and employees shall comply with the personnel program and that it is considered misuse of time to distribute unauthorized literature; and WHEREAS, there is no provision in County policies and procedures for discipline of County commissioners; and WHEREAS, the County Commission is limited to passing a resolution setting forth its findings of inappropriate behavior and directing staff to draft and bring back to the Board of County Commissioners a policy regarding actions which could be taken by the Board for infractions by commissioners; Censure Com. Neugent 1 Mayor Mario Di Gennaro NOW, THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: 1. We find the transmission through the County e-mail server of a video displaying numerous shots of women's bared breasts and other incidents to be an improper use of County property. 2. We censure Commissioner George Neugent for said conduct. 3. We direct staff to draft a proposed policy which could be used by the Board of County Commissioners to invoke remedies and penalties for infractions of County policy by a County commissioner. 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 ,2008. Mayor Mario DiGennaro Mayor Pro Tern Charles "Sonny" McCoy Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Dixie M. Spehar (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson Censure Com. Neugent 2