HomeMy WebLinkAboutP. County Attorney
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 16. 2010 - MAR Division:
Bulk Item: Yes - No -.lL Department: County Attornev
Staff Contact Person/Phone #: Suzanne Hutton #3473
AGENDA ITEM WORDING:
Approval of resolution limiting the amount of time staff can expend on projects initiated by special
interest (individual or group) without seeking approval from BOCC to further expend resources of the
County.
ITEM BACKGROUND:
On March 17, 2010, during discussion on the Key Largo Special District matter, the BaCC directed a
policy be drawn up to limit the amount of time staff can expend on items of special interest that have
not yet been considered by the BOCC. On May 19, 2010, staff presented a draft resolution for
consideration. After discussion, BOCC direction was provided to staff and the item was continued to
6/16/10 to revise the proposed resolution and bring back to the BOCC on 6/16/10.
PREVIOUS RELEVANT BOCC ACTION:
3/17/10 BaCC direction to staff to create policy
5/19/10 BaCC tabled to 6/16/1 0 and provided direction to staff
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: INDIRECT COST: BUDGETED: Yes _No -
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes - No AMOUNT PER MONTH_ Year
-
APPROVED BY: County Atty5JL OMBlPurchasing _ Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
Revised 7/09
RESOUL TION NO. -2010
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, PROVIDING DIRECTIONS TO STAFF
REGARDING STAFF CONSUMPTION OF TIME ON
MATTERS WHICH ARE NOT RELATED TO
CURRENT OPERA TIONS~ RESPONSffiILITIES OR
REGULATIONS OF THE COUNTY.
WHEREAS, from time to time, individuals and special interest groups will approach
individual commissioners with requests to institute new projects, programs, or regulations, or
to otherwise address issues of particular interest to those constituents; and
WHEREAS, individual commissioners often request background information and
some indicia from staff as to the practical, economic or legal feasibility of the proposed project
or program in order to determine whether to bring a matter before the Board of County
Commissioners; and
WHEREAS, staff may spend a very brief time or many hours preparing a response for
the commissioner; and
WHEREAS, there has been considerable reduction of the County work-force over the
past several years, so that staff cannot readily shift work to others in order to free up some
employees' time for special projects; and
WHEREAS, expenditure of staff time on any particular matter diverts them from their
other duties and may, if the hours are excessive, considerably delay the finalization of other
work, or, if the staff is not exempt from the provision of overtime, require considerable
additional compensation to be paid; and
WHEREAS, it is deemed to be in the best interests of all taxpayers in MOlU'oe County
that staffing resources not be unduly diverted to exploring special interests unless the BOCC
determines that the issues are important enough to warrant such resources to be expended; and
WHEREAS. discussion on this matter was held by the County Commission at their
regular meeting of May 19. 2010. at which time further direction and clarification was
provided:
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
ofMolU'oe County, Florida, that:
Special Interests Projects
Require BOCC Approval after 40 hours 1
1. When any matter is proposed to a commissioner for action by the Board of County
Commissioners (BOCC). and that matter is not related to existing operations.
responsibilities. or regulations of the County. the commissioner may request
information. research or advice from a County employee concerning that matter for the
Commissioner's use in determining whether to bring the matter to the Board. and. if so.
in what manner it should be presented. Due to the fact that the County Administrator
has responsibility for all County operations. and the Administrator may deem some
matters to be related to current operations if they could pose alternative. more efficient
means of addressing the County's responsibilities. the direction from a commissioner
may be handled differently by the Administrator and his/her staff than by the County
Attorney and his/her staff.
A. Matters addressed to the County Administrator or staff under his/her direction:
Should the County Administrator deem a matter of sufficient potential value to
the overall operations of the County. he may direct the staff working on the
matter whether to continue further. and to what extent. until such time as he
deems it appropriate to get BOCC direction.
B. Matters addressed to the County Attorney or staff under his/her direction:
( 1) If the matter gets addressed to the BOCC. whether during staff reports or
formal agenda items. and there is BOCC direction to continue work thereon.
staff shall follow the BOCC direction.
(2) Should it become apparent during the course of researching or working on
the matter or issues related thereto that staff will have to expend. or has
expended. more than 40 hours of work time without the matter having been
addressed in any manner to the BOCC. staff shall place an item on the agenda
of the BOCC for discussion and direction.
2. Notwithstanding any past practice of staffl working directly with persons with special
interests on matters that are addressed to staff. if a commissioner requests that any work be
done. staff shall direct communications on the matter to the commissioner and not the
interested persons. Interested persons may be copied on written communications if the
commissioner so directs. The BOCC may direct staff to communicate directly with the
interested persons.
3. The BOCC may direct staff:
(a) to continue to work on the matter and bring it back for consideration on the
substantive issues, or approval of the project, program or regulation;
I From this point on, the term "staff" includes the County Administrator and the County Attorney, who are
contract employees.
Special Interests Projects
Require HaeC Approval after 40 hours 2
(b) to continue to work on the matter for no more than a set amount of time before
bringing it back for further consideration of additional work to complete;
(c) to terminate work on the matter; and/or
(d) to take such other action as the BOCC may require.
3. This Resolution shall become effective upon the date of its adoption.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County,
Florida at a regular meeting on said Board on the day of , A.D.; 2010.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Mario DiGennaro
Commissioner George Neugent
Commissioner Kim Wigington
(SEAL) BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ATTEST: Danny L. Kolhage, CLERK
By: By:
Deputy Clerk Mayor Sylvia Murphy
"~ A. H'UTTON
C(;,Y~;tOF\NEY
'" "., , ~ I. q_d_~ ~---
~,;~;~,,) ~J"_ '""'.... . ,.
Special Interests Projects
Require HOCC Approval after 40 hours 3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 16.2010 (Marathon) Division:
Bulk Item: Yes - No ~ Department: County Attorney
Staff Contact Person/Phone #: Suzanne Hutton X3473
AGENDA ITEM WORDING: Discussion & direction re County Personnel gift policy and whether
to make policies concerning certain conditions of workplace found in County Personnel Policies and
Procedures applicable to elected and appointed officials and contract employees.
ITEM BACKGROUND: Discussion was held at March 17,2010 BOCC meeting seeking direction as
to possible changes to gift policy to clarify its application. The County Personnel Policies and
Procedures exclude from their application elected and appointed officials and contract employees,
although all of those excluded are subject to state statutory restrictions on the receipt of gifts. The
BOCC direction was to continue to have the County Administrator and County Attorney subject to the
same statutory rules governing gifts as to which the County Commissioners are subject and not to
impose the more stringent prohibition against all gifts. The matter was referred to the County Attorney
for revision to the policies.
PREVIOUS RELEVANT BOCC ACTION:
Approval in 1980's as to current gift policy.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Direction to include:
revision of Personnel Gift Policy to mirror the State Attorney's Gift Policy; adoption of some policies
regarding workplace conditions as applicable to elected and appointed officials and contract
employees.
TOTAL COST:N/A INDIRECT COST: BUDGETED: Yes _No_
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year -
County Atty ~MB/PurchaSing_
APPROVED BY: Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
Revised 7/09
(~.,--- BOARD OF COUNTY COMMISSIONERS
OK~~Y ~o~!:l~E' Mayor Sylvia J. Murphy, District 5
Mayor Pro Tern Heather Carruthers, District 3
Kim Wigington, District 1
George Neugent, District 2
(305) 294-4641 Mario Di Gennaro, District 4
Suzanne A. Hutton, County Attorney** . Office of the County Attorney
Robert B. Shillinger, Chief Assistant County Attorney U 1111 12lh Street, Suite 408
Pedro J. Mercado, Assistant County Attorney ** Key West, FL 33040
Susan M. Grimsley, Assistant County Attorney ** (305) 292-3470 - Phone
Natileene W. Cassel, Assistant County Attorney (305) 292-3516 - Fax
Cynthia L. Hall, Assistant County Attorney
Christine Limbert-Barrows, Assistant County Attorney
Derek V. Howard, Assistant County Attorney
Lisa Granger, Assistant County Attorney
** Board Certified in City, County & Local Govt. Law
MEMORANDUM
May 12, 2010
TO: Mayor, County Commissioners and Aides
County Administrator
FROM: Suzanne A. Hutton, County Attorney ~
RE: Gift PolicyJPolicies re Employment
GIFT POLICY:
On March 17,2010, the BOCC discussed direction regarding County Personnel Policy provisions regarding
the County's gift policy. No official action was taken by the Board, and the County Attorney was directed
to bring back to the Commission for a vote a revision to the county's personnel policies and procedures.
After review of the matter, it appears that there is more than one direction in which the policies and
procedures could be changed. Depending on the direction adopted by the BOCC, the County's Personnel
Policies and Procedures may require changes in several sections. Before proceeding to make all the
necessary changes, I am providing you with materials for consideration. I will seek direction formally at the
June BOCC meeting.
Attached are several documents: Excerpt from 3/17/2010 BOCC minutes; State Attorney Gift Policy
adopted ca. 4/16/2010; 4/2512010 memo from Cynthia Hall re "Gift Policy - Suggestions;" 5/05/2009 memo
to the Building Official re the interpretations as to food gifts during the holidays, illustrating discrepancies
as to past practice. Ms. Hall's memo outlines the existing statutory provisions governing the County's
public officers and employees, the County policies and policies from other jurisdictions. Please be aware
that the term "public officers" does include advisory board members.
Subsequent to the March 17 BOCC discussion, the various local governments, including special districts,
within Monroe County were contacted to ascertain their policies regarding gifts. The only responses
P&P 1
received were from KLWTD (following State statute and Special District Handbook), and the State Attorney
(see attached) who adopted a policy around April 16,2010.
The State Attorney's policy is succinct and covers gifts which have the potential for undue influence over
governmental action. It prohibits acceptance of holiday food baskets and gratuitous meals from
persons/entities doing business with one's agency, but allows for employees to exchange gifts with friends
and family, and anyone else who has no business with the governmental agency. The County policy manual
currently is worded in one section to preclude gifts from "any member of the public," without defining
public to exclude friends and family, but the preamble shows an intent to prohibit only gifts which have the
potential for influencing governmental action, but not all gifts in general.
The State Attorney's policy applies to all employees, including the elected official, and to volunteers. The
County policy is a bit schizophrenic in stating an intent that elected and appointed public servants should not
borrow or accept gifts from entities/persons with whom they are conducting governmental business but then
goes on to exclude from application of the Policies & Procedures Manual elected officials, appointed
advisory board members, and persons employed under contract.
I suggest adoption of a revision to the Personnel Policies and Procedures, substituting the State Attorney's
Gift Policy for the current wording. However, Ms. Hall's memo sets forth other possible actions.
OTHER POLICIES:
Inasmuch as the Personnel Policies and Procedures are designed to govern County employees, the BOCC
may want to consider adopting a resolution providing both for changes to the Personnel Policies and
Procedures and to the BOCC Administrative Procedures to incorporate certain standards of conduct, not
necessarily limited to the issue of gifts, for elected and appointed officials and contract employees. The
Personnel Policies and Procedures require in the Intent section, under C, that "All officials and employees
shall comply with and assist in carrying out the personnel program." However, under Scope, "The
personnel policies, regulations and procedures as adopted shall apply to all personnel in the County Service
falling under the jurisdiction of the Board of County Commissioners and any other agency grant, board or
department which so requests." County Service is later defined to exclude elected and appointed officials
and contract employees. It is suggested to continue the applicability of the County Personnel Policies and
Procedures to employees, and establish in a separate document, probably the BOCC Administrative
Procedures, standards of conduct for elected and appointed officials and contract employees having an
impact on the workplace.
An example of the type of standard which could be made applicable to those who are excluded from the
term "County Service" for purposes of the Personnel Policies and Procedure Manual, would be one which is
designed to assure all employees of a good work environment, such as the following excerpt from Policy
9.03.C, prohibiting: "any violent act or language which adversely affects morale, production, or
maintenance of discipline. Rudeness or acts of disrespect to members of the public, supervisors, or other
employees... . "
Another policy which may be desirable includes 9.03.M: "observe County and general safety practices and
regulations
[ or Policy 2.12: EMPLOYEE SAFETY.
It is the responsibility of the County to promote and pursue a safe and healthy environment for all
employees. Monroe County has ... Safety Policies and Procedures adopted by the Board of County
P&P 2
Commissioners. Employees will observe all safety rules and regulations established by the State of
Florida and County Government. Division Directors, Department Heads and Supervisors are
responsible for the observance of those rules within their jurisdiction." Failure to comply may result in
disciplinary action.]
Similarly, the BOCC may deem it in the public interest, or at least the interest of the employees, to
establish policies applicable to elected and appointed officials and contract employees similar to those that
follow:
9.03.Q, prohibits discrimination in employment;
and
2.14.A: "It is the responsibility of each Division Director, Department Head and Supervisor to give the
Countyts non-discrimination policy full support through leadership, and by personal example. In
addition, it is the duty of each employee to help maintain a work environment which is conducive to,
and which reflects, the County's commitment to equal employment opportunity."
[The policy defines harassment to include verbal or physical conduct which denigrates or shows
hostility; has the purpose or effect of creating an intimidating, hostile or offensive working
environment; has the purpose or effect of unreasonably interfering with an individual's work
performance; and includes sexual harassment. However, the policy is worded with a great deal more
detail. ]
CONCLUSION:
I suggest adoption of a revision to the Personnel Policies and Procedures, substituting the State Attorney's
Gift Policy for the current wording. Further, please consider changes to the Personnel Policies and
Procedures and the BOCC Administrative Rules to assure employees and the public that certain standards of
conduct are observed by all those involved in the governmental process, including those specifically
exempted from the applicability of the Personnel Policies and Procedures. Direction will be requested at the
June meeting before proposed changes are drafted.
P&P 3
From 3/17/10 BOCC MinutesThe Board discussed direction regarding County Personnel Policy
provisions: Preamble Excerpt: "No elected or appointed public servant should borrow accept
gifts from the staff or any corporation which buys services from, or sells to, or is regulated by his
or her governmental agency. If one's work brings him or her in frequent contact with firms
supplying the government, he or she must be sure to pay his or her own expenses." Policy
I.OS.C. "Employees shall not accept any gift, favor or service from any member of the public, I
including but not limited to Christmas and/or birthday gifts." The following individuals
addressed the Board: Dennis Ward, Monroe County State Attorney and John November,
representing Citizens Not Serfs. Bob Shillinger, Chief Assistant County Attorney discussed the
matter. No official action was taken by the Board. The item was referred to the County
Attorney to bring back to the Commission for a vote a revision to the county's personnel policies
and procedures.
STATE ATTORNEY GIFT POLICY
No State Attorney's Office employee (including the elected official,
permanent, part-time, temporary, contract, or volunteer employee) may accept
any gift or service of any value from anyone who has, or is reasonably likely to
have, business with the State Attorney's Office.
\
Received by:
Date: AJufteJ IIfr; I,)./J/IJ
MEMORANDUM
Office of the Monroe County Attorney
TO: Suzanne A. Hutton, County Attorney
FROM: Cynthia L. Hall, Assistant County Attorney
DATE: Apri125,201O
SUBJECT: Gift Policy -- Suggestions
The issue of the County gift policy that should apply to 2 contract positions (County
Administrator and County Attorney) and County employees was raised recently. Following is an
overview of the state statute, the current County gift policy, and suggestions for some possible
changes to the latter.
Florida's Code of Ethics. Gift Policy - Section 112.313(2), F.S.
Florida's gift policy for public officers, employees, local government attorneys and
candidates is contained in the Code of Ethics for Public Officers and Employees. Section
112.313(2), F.S. states:
No public officer, employee of an agency, local government attorney, or
candidate for nomination or election shall solicit or accept anything of value to the
recipient, including a gift, loan, reward, promise of future employment, favor, or service,
based upon any understanding that the vote, official action, or judgment of the public
officer, employee, local government attorney, or candidate would be influenced thereby.
Section 112.313(2), F.S..
The state Code of Ethics as a whole was first enacted in 1967. A definition for the word
"gift" was not added until 1976, and was limited to real and personal property. The current
definition of the word "gift" was not added until 1990, and means something for which "equal or
greater consideration is not given within 90 days." Section 112.312(20), F.S. The definition
does include transportation, lodging or parking; food or beverage not consumed at a single
sitting; membership dues; plants and flowers. Section 112.312(20)(a), F.S. The term does not
include, among other things, food or beverage consumed at a single event. Section
112.312(20)(b), F.S.
Section 112.313(4), F.S.
All public officers, employees, local government attorneys and their spouses and minor
children are also subject to Section 112.313(4), which states that they shall not accept "any
compensation, payment, or thing of value" when the public officer, employee or attorney knows,
or with the exercise of reasonable care, should know, that the thing was given to influence a vote
or action."
1
Gift Disclosure Requirements - Section 112.3148, F.S.
"Reporting individuals" and "procurement individuals" as those terms are defined in
Section 112.3145, F.S. and Art. II, s. 8 of the Florida Constitution, are also required by
112.3148(8), F.S. to file a statement with the Florida Commission on Ethics not later than the last
calendar day of each quarter, containing a list of gifts which the individual believes to be in
excess of $100 in value, unless something of value was given back within 90 days. The County
Administrator and County Attorney are reporting individuals.
The term "gift" for purposes of this section does not include gifts from relatives. Section
112.3148(8)(a)1; Rules 34-13.300 and 34-13.320(4), Fla. Admin. Code.
Reporting individuals and procurement individuals are prohibited from accepting a gift
valued in excess of $1 00 from a (1) "political committee or committee of continuous existence,
as defined in s. 106.011" and (2) lobbyist who lobbies the agency under all circumstances.
Section 112.3148(3) and (4), F.S. The prohibition does not apply ifthe gift is accepted on behalf
and reasonably quickly turned over to the governmental entity or charitable organization. Id.
The term "gift" is defined in the Code of Ethics as follows:
Monroe County's Gift Policy
Monroe County's gift policy is more restrictive than the state statute. Section 1.05(C) of
the Monroe County Personnel Policies & Procedures Manual ("Manual") states: "Employees
shall not accept any gift, favor or service from any member of the public, including but not
limited to Christmas and/or birthday gifts." The County gift policy does not, unlike the state
statute, make any exception for gifts from relatives, food consumed in a single sitting, or gifts for
which an equal or greater amount will be paid in 90 days.
Notwithstanding some language in the Manual, the County gift policy does not apply to
elected officials or contract employees (including the County Administrator and County
Attorney). The preamble of the Manual contains an "Administration Code of Ethics," which
states: "No elected or appointed public servant should borrow or accept gifts from the staff or
any corporation which buys services from, or sells to, or is regulated by his or her governmental
agency. If one's work brings him or her in frequent contact with firms supplying the
government, he or she must be sure to pay his or her own expenses." However, the introduction
of the Manual states: "These Policies and Procedures generally cover the information
concerning the policies, regulations and benefits for the employees of Monroe County." On
page 5, the Manual also states: "The personnel policies, regulations and procedures as adopted
shall apply to all personnel in the County Service. ..." On the next page, the Manual defines
"County Service" to exclude elected officials, members of advisory boards, committees and
commissions; and persons employed under contract. Thus, despite the language of the
"Administration" section ofthe Manual, it is fairly clear that the Manual does not cover elected
officials. The Manual also therefore does not currently apply to the County Administrator or the
County Attorney, as these are currently contract positions.
Modifying the Current Gift Policy
Most counties and cities in Florida appear to simply follow the Florida Code of Ethics.
Assuming however that the BOCC was interested in amending or clarifying the County's gift
policy in the Manual, some options are as follows:
2
1. Provide a definition for the term "gift" in the Manual.
a. One option is to adopt the definition of gift from Section 112.312(20) or
112.3148(8)( a )(1 ).1
b. Alternatively or in addition, the BOCC could clarify that the term does not
include gifts from relatives, gifts from co-workers, or gifts received by the
employee that are equally available to the general public (e.g., "locals"
discounts)?
2. Modify the language in the Manual to allow the County Administrator to set a
dollar limit below which gifts could be accepted as long as the recipient understood that there
would be no quid pro quo in the form of official action in return for the gift. (See the Broward
County language, below.)
3. Since the gift policy in the Manual does not apply to the contract positions, the
gift policy in the Florida Ethics Code would apply, including the reporting requirement. If the
BOCC wished to have a more stringent rule apply to the contract positions, the BOCC could
(a) amend the Manual to include these contract positions, or (b) amend the contracts to make the
County's gift policy applicable to these positions.3
Examples of gift policy language from other cities, counties and the South Florida Water
Management District are attached.
I have saved copies of the Chapter Laws passed by the state legislature that formed the
state gift policy, gift policies from other counties and cities and the SFWMD, and opinions from
the Attorney General and Florida Commission on Ethics - mostly interpreting the state statute -
at W:/Gift Policy.
1 See, e.g., Section 3-1, Florida Special District Handbook Online (see below).
2 By way of contrast, South Florida Water Management District has adopted a much more
restrictive gift policy:
While the law allows for the acceptance of certain gifts that are not given or received
with an understanding that one will be influenced, it is the District's policy that all gifts
are prohibited and must be refused regardless of the intent behind the gift. Accordingly,
all District employees are prohibited from soliciting or accepting anything of value. This
policy shall apply to all gifts except in the following instances:
1. Promotional gifts given at a conference, seminar, etc. that are given to all attendees;
2. Gifts given at District sponsored events;
3. Holiday baskets given by vendors provided they are put in a place for general
consumption otherwise they must be returned to sender; or
4. Gifts exchanged among District staff.
3 Paragraph 3(B) of the County Administrator's contract states that he will perform all "duties"
imposed by personnel procedures, but this language is likely not enough to bind him to the gift
policy in the Manual. I found no language in the County Attorney's contract that would override
the exception in the Manual for this position.
3
Gift Policies - Other Counties, Cities, Etc.
Florida Special District Defines gift per Section 112.313, F.S.
Handbook "
Section 3-1 Ethics
Florida Specia I District
Collier County Code of States that employees may now exchange gifts upon
Ethics (Ordinance 2004-05) identified special occasions or established holidays
provided the gifts are of "nominal commercial value", i.e.,
worth less than $50.00.
Volusia County (2) Acceptance of nominal g[t:m in keeping with special
occasions, such as marriage, retirement or illness; food
and refreshments in the ordinary course of business
meetings; unsolicited advertising or promotional material,
e.g., pens, notepads, calendars, etc., or social courtesies
which promote good public relations is permitted.
(3) Contributions made for flower funds or special gm~~
for fellow employees are not prohibited. . . .
(4) ... No supervisor shall accept ~~ from subordinates
other than those of nominal value for special occasions,
and no supervisor shall borrow money or accept favors
from subordinates.
Broward County Sec. 26-68. - Solicitation or acceptance of gifts.
(a) No public officer or employee as defined by Chapter
112, pt. III, F.S. (~ 112.311, F.S. et seq.) shall solicit or
accept anything of value to the recipient, including a gift,
loan, reward, promise of future employment, favor or
service, based upon any understanding that the vote,
official action or judgment of the public officer or
employee would be influenced thereby. This subsection
shall apply to all appointed members of the Broward
County Board of Rules and Appeals and those persons
employed pursuant to subsection H. of section 8.18,
Charter of Broward County, Florida.
(b) The county administrator may, by administrative
order, set a maximum amount or value for any gift which
a county employee, including those persons employed by
the Broward County Board of Rules and Appeals pursuant
to subsection H. of section 8.18, Charter of Broward
County, Florida, may accept so long as such acceptance
would not conflict with subsection (a) above.
Jacksonville Sec. 602.701. Prohibited receipt ofgJ~fJ~.
(a) No officer or employee of the City or of an
4
independent agency, or any other person on his or her
behalf, shall knowingly accept, directly or indirectly, any
-~'~y".~.'-'::<J
one m!! with a value greater than $100 or an accumulation
~~h;'-;:f{;i"0
of m~ in anyone calendar year that exceeds $250 from
any person or business entity that the recipient knows is:
(1) A lobbyist who lobbies the recipient's agency or
executive department;
(2) Any principal or employer of a lobbyist who lobbies
the recipienes agency or executive department;
(3) A person or business entity which is doing business
with, or has made written application within the previous
six months, to do business with an agency of which he or
she is an officer or employee;
(4) A person or business entity which is subject to the
permit approval of an agency of which he or she is an
officer or employee.
!:8E"purposes of the $250 annual accumulation of ~fm,
gjf(~ of food and beverage not exceeding $25 on any given
day shall not be included.
(b) No officer or employee of the City or of an
independent agency, or any other person on his or her
behalf, shall knowingly accept, directly or indirectly, any
one mt with a value greater than $100, or an
accu~~lation of ~) in anyone calendar year that
exceeds $250 dollars, from any person or business entity,
when the gift is given as a result of the officer or
employee's official position, or as a result of the business
relationship developed as a result of the officer or
employee's position or emploX!!!,~,~~;):;',g,r purposes of the
$250 annual accumulation of~, mfi'S, of food and
beverage not exceeding $25 on any given day shall not be
included.
(c) The Mayor and the Council Secretary shaH identify a
mayoral and a council representative who will be officers
or employees responsible for the receipt of and
distribution of business-related gifts to the City through its
executive and legislative branches. The chief executive
officer of an independent agency shall identify a designee
or designees who will be officers or employees
responsible for the receipt of and distribution of business-
related gifts to the independent agency. Registries shall be
established wherein;[~ will be identified by date, donor,
t e, u ose, and Cit or inde endent a enc officer or
5
employee carrying out the purpose; and shall be posted on
a City or independent agency internet site. (Examples of
:(ti:~'*':"~^,;\,-t'"
m:.t1~ covered by this subsection include, but are not
limited to, tickets or travel to events where City or
independent agency official or employee presence is
requested, or tr~vel and per diem to inspect products and
equipment, or ~~ of personal property to the City or
independent agency.)
(d) It shall be unlawful and a class A offense for any
officer or employee of the City or an independent agency,
or any person on his or her behalf, to violate subsections
(a) and (b) of this Section.
Marion County Sec. 2-238. Conflict of interest.
In addition to the prohibitions set out in F.S. ch. 112, part
III, neither the county administrator, the procurement
services director nor any member of his/her staff shall be
financially interested or have any personal beneficial
interest, directly or indirectly, in any purchase or contract
of any supplies, materials, equipment, or services used by
or furnished for the county. The county administrator, the
procurement services director and every member of his
staff are prohibited from accepting or receiving from any
person, firm or corporation to which any purchase or
contract may be awarded any money, rebate, gift or
anything of value or any promise, obligation or contract
for future reward of compensation.
Miami (City) Sec. 2~613. - Accepting gifts, etc., from persons
contracting, etc., with city.
Every officer, official or employee of the city, including
every member of any board, commission or agency of the
city, is expressly prohibited from accepting, directly or
indirectly, from any person, company, firm or corporation
to which any purchase order or contract is or might be
awarded, any rebate, gift, money or anything of value
whatsoever, except where given for the use and benefit of
the city.
Miami-Dade County Section 2~11.1 (Code of Ethics ordinance) states that
elected officials, appointed members of advisory boards
and all employees shall neither "solicit nor demand any
gift". "Gift" is defined as in Section 112.312, Fla. Stat.
(excludes political contribution, family members, etc.).
All persons covered by ordinance must disclose any gift in
excess of $100.
6
Page 1 of 1
HuttonwSuzanne
From: Hutton-Suzanne
Sent: Tuesday, May 05, 2009 1 :28 PM
To: Paskalik-Joe
Subject: Receipt of gifts
Joe,
The County policy (Section 1.05(C) of the PPPM) specifies: "Employees shall not accept any gift, favor,
or service from any member of the public, including but not limited to Christmas and/or birthday gifts."
This provision, if strictly interpreted would preclude even gift-receiving from friends with whom one has a
long-standing custom of gift exchange. It has not been interpreted that strictly.
Different offices within the County have, as a matter of custom, provided further interpretation and
guidelines, some in writing, others not. I have interpreted the provision in light of the purpose of both the
County policy and the relevant state statute - to prevent and deter government employees from granting
favors to such a gift-donor in any action that the government might take. In other words, it is meant to
deter favoritism in determining who gets a contract, leniency in code enforcement actions, special
privileges or concessions in issuing permits, etc. Section 112.313{2}, Fla. Stat. provides: "No...
employee of an agency. . . shall solicit or accept anything of value to the recipient, including a gift, loan,
reward, . . . favor, or service, based upon any understanding that the vote, official action, or judgment of
the. . . employee. . . would be influenced thereby."
The McGarry memo provision re personalized or expensive gifts should encompass all individual gifts of
any kind, whether or not of a personal nature or of great cost. Since the County policy says "employees
shall not accept" instead of "no employee shall accept," one could argue that it also extends to office-type
gifts such as food baskets, tins of cookies, etc. Some County offices have determined that such gifts
need to be returned or donated to a not-far-profit organization. Others have determined that such gifts at
Christmas time may be enjoyed by the office as a whole.
There has been discussion on modifying this particular policy to make it very clear whether such "office"
gifts can be accepted, and possibly to allow gifts to the same degree that the statutes do. In the
meantime, your staff should be advised to decline any gifts offered from a member of the public to them
as individuals. You should further consider the nature of the office-type gifts, and whether they are
offered as a gesture of good wishes for the holidays, whether the donor could possibly expect special
favors as a result, and determine accordingly to decline, to recycle the gifts to a not-for-profit, or to accept
on behalf of the department.
S~rI. -;?I~
County Attorney
Monroe County
PO Box 1026
Key West, FI. 33041-1026
305-292-3470
5/12/2010
Page 1 of 1
Hutton-Suzanne
From: Thomas M Dillon [Iawtmd@gmail.com]
Sent: Wednesday, March 31,201010:09 AM
To: 'Carol Walker'
Cc: Hutton-Suzanne
Subject: RE Gift Policy
The District does not have a formal gift policy. However, the District is bound by Chapter 112, Part III, Florida
Statutes - Code of Ethics for Public Officers and Employees, which imposes restrictions on gifts. Also, see Section
3 - 1 of the Florida Special District Handbook. 'See ~-fhj( s 5ecHon of J/CiI'1Jbook;a..Jfa.cheJ.
Tom o { G;F -Is S+arl J IJ;/~ re-{;rb1Ce 10
lupic
Thomas M Dillon PA Form Cj / f5!J~ L/ o-rct!la[hhfe~-f: ~/ )
Board Certified in Construction Law '3 3; '/0
PO Box 370736
Key Largo, Florida 33037
Phone: 305-240-1767
Fax: 305-853-2693
From: Carol Walker [mailto:carolw@klwtd.com]
Sent: Wednesday, March 311 20109:49 AM
To: 'Thomas M Dillon'
SUbject: Gift Policy
I got a call from Laurie at the Monroe County Attorney's office. They would like a copy of our gift policy for
Board Members if we have one. I did not see anything in the employee policy book. Do we have a written
policy?
Carol Walker
District Clerk
Key Largo Wastewater Treatment District
Phone: 305-451-4019 Ext 205
Fax: 305-453-5807
3/31/2010
Section 3-1: Ethics I Florida Special District Handbook Online Page 1 of 8
Florida Special District Handbook Online
Section 3 - 1: Ethics
Background
The Code of Ethics (Chapter 112. Part III. Florida Statutes - Code of Ethics for Public Officers and Employees),
was created to prevent conflicts between public duty and private interests. In addition, it helps to ensure that
public sector employees and officers, including special district local officers and employees, will not use
government office for private gain. All special district local officers and special district employees must comply
with Florida's ethics laws.
Ethics Disclosures
The following public officers and employees must file ethics disclosures:
. A person elected to a special district's governing board
. A person appointed to complete an unexpired term
. A person appointed to a special district's governing board
. A person seeking nomination or election to a special district's governing board
. A special district's chief administrative employee
. A fire chief of a fire control special district
. A special district purchasing agent making purchases more than $15.000
Each January, the Commission on Ethics mails surveys to all counties, municipalities, and special districts to
find out who must file Statement of Financial Interests (Form 1). the limited disclosure form. Then. the
Commission on Ethics provides a list of those who must file this form to all County Supervisors of Elections. All
special district local officers and specified employees (the chief administrative employee and any purchasing
agent making purchases more than $15,000) must file this form. They may also need to file additional
disclosures, depending upon their position, businesses, or interests. Form 1 describes this in more detail.
Therefore, all special district officers and specified employees must review Form 1 carefully. This section
summarizes disclosure requirements.
Form 1, Statement of Financial Interests
. Forllll,-Qt91~m?nU~tfinanciaUnt?r.S1~t~
Who Must File Form 1, Statement of Financial Interests
. All special district local officers and specified employees must file this report even if no financial interests
exist that require disclosure
Where to File Form 1, Statement of Financial Interests
. The Supervisor of Elections in the county in which they permanently reside
When to File Form 1, Statement of Financial Interests
. Within 30 days of the appointment or date of employment
. By July 1 every year thereafter
http://www.floridaspecialdistricts.org/Handbook/3-1Ethics.cfm 3/31/2010
Section 3-1: Ethics I Florida Special District Handbook Online Page 2 of 8
What Must Be Disclosed on Form 1, Statement of Financial Interests
Note: The form does not require dollar figures.
. Primary sources of income
. Secondary sources of any business income
. Real estate owned
. Intangible personal property owned
. Liabilities greater than net worth or $10,000 (depending on the calculation threshold)
. Interests in specified businesses
Consequences of Failure to File Form 1, Statement of Financial Interests
Any person who does not file this form by September 1 will be subject to automatic fines of $25 for each late
day, up to a cap of $1,500. Modeled after the automatic fine system in place for campaign finance reports, the
Ethics Commission can hear appeals and has the power to waive fines under limited circumstances.
Form 1 F, Final Statement of Financial Interests
. Form 1 F, Final Statement of Financial Interests
Who Must File Form 1F, Final Statement of Financial Interests
. All special district local officers and employees who must file Form 1, Statement of Financial Interests
When To File Form 1 F, Final Statement of Financial Interests
. Within 60 days of leaving their public office or employment position covering the period between January 1
and their last day of office or employment.
Form 2, Quarterly Client Disclosure (Special Purpose Form)
· EQrm_g,__Q!Jart~lyj;:;.!l~ntQ.~QIQ~YI~
Who Must File Form 2, Quarterly Client Disclosure
Special district local officers may be required to file it, depending upon their position, businesses, or interests:
. If they represented a client for a fee or commission before any agency within the political subdivision
served by that special district
. If any of their partners or associates of a professional firm of which they are a member represented a client
for a fee or commission before any agency within the political subdivision served by that special district and
the special district local officer has knowledge of that representation
Where to File Form 2, Quarterly Client Disclosure
. The Supervisor of Elections of the county in which the special district local officer permanently resides
When to File Form 2, Quarterly Client Disclosure
. No later than the last day of the calendar quarter following the calendar quarter during which the
representation was made
http://www.floridaspecialdistricts.orWHandbook/3-1Ethics.cfm 3/31/2010
Section 3-1: Ethics I Florida Special District Handbook Online Page 3 of 8
Form 3A, Interest in Competitive Bid for Public Business (Special Purpose Form)
· Form 3~" InterJ~.$Jj!l.C--9fllJ,te...tm'{~JildfJ~LPltblicJ?~I,!~[n~ss
Overview
Special district local officers and employees are prohibited from:
. Doing business with that special district
· Entering into a conflicting employment or contractual relationship with any other special district local officer,
employee, their spouse and/or their children
Certain limited exemptions apply to these prohibitions, such as the following:
· The business is awarded under a system of sealed competitive bidding; and,
. The special district local officer has exerted no influence on bid negotiations or specifications; and,
. Disclosure is made, before or at the time of the submission of the bid, of the special district local officer's or
employee's or his or her spouse's or child's interest and the nature of the intended business.
Who Must File Form 3A, Interest in Competitive Bid for Public Business
. Special district local officers and employees that need to disclose competitive bidding interests
Where to File Form 3A, Interest in Competitive Bid for Public Business
. The Supervisor of Elections of the county in which the special district is located
When to File Form 3A, Interest in Competitive Bid for Public Business
. Before or at the time of the bid submission
Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public
Officers - (Special Purpose Form)
. Form ~1;L-.Men:Lorandum of VQ1lo.9-C..QnftLGt fOLCounty._Municigfll,J:msJ Other LO-91!LP.1lJ;,-11G_Qf:fi@L~
Overview
A special district local officer must abstain from voting on the following measures:
. One that inures to his or her special private gain or loss.
. One that inures to the special gain or loss of a principal (other than a government agency) by whom he or
she is retained.
. One that could result in special private gain or loss to a relative.
. One that could result in special private gain or loss to a business associate. Special district local officers of
community redevelopment agencies and special district local officers of independent special districts
elected on a one-acre, one-vote basis, are not prohibited from voting in that capacity.
Who Must File Form 88, Memorandum of Voting Conflict for County, Municipal, and Other Local Public
Officers
· Special district local officers must abstain from voting in these situations but may participate in such
http://www.f1oridaspecialdistricts.org/Handbook/3-1Ethics.cfm 3/31/2010
Section 3-1: Ethics I Florida Special District Handbook Online Page 4 of 8
matters
· However, appointed special district local officers must disclose the nature of the conflict before making any
attempt to influence the decision. If an appointed special district local officer intends to try to influence the
decision before the meeting in which the vote will take place, the special district local officer first must
complete this form.
Where to File Form 86, Memorandum of Voting Conflict for County, Municipal, and Other Local Public
Officers
· With the person responsible for recording the minutes of the meeting, who must incorporate the form in the
minutes, provide a copy to the other members of the special district, and read the form at the next meeting
· If the special district local officer does not try to influence the decision except by discussion at the meeting
in which the vote will take place, they must disclose orally the nature of the conflict in the measure before
participating. The form must be:
o Completed and filed within 15 days after the vote occurs with the person responsible for recording
the minutes of the meeting
o Incorporated in the minutes
o Copied immediately for the other members of the board
o Read publicly at the next meeting after the form is filed
Form 9, Quarterly Gift Disclosure
. Form 9, Quarterly Gift Disclosure
Overview
A "gift" is anything accepted by a person or on that person's behalf, whether directly or indirectly, for that
person's benefit, and for which equal or greater consideration is not given within 90 days. Examples of
reportable "gifts" include the following:
. Real property or its use
. Tangible or intangible personal property or its use
. Preferential rates or terms on transactions unavailable to others similarly situated
. Forgiveness of a debt
. Transportation (unless provided by an agency in relation to officially approved governmental business)
. Lodging or parking
. Food or beverage
. Dues, fees, and tickets
. Plants and flowers
. Personal services for which a fee is normally charged
. Any other goods or services with an attributable value
The definition of "gift" does not include the following:
. Salary, benefits, services, fees, commissions, gifts, or expenses associated with one's private employment,
business, or service as an officer or director of a corporation or organization
. Campaign contributions or expenditures pursuant to the election laws
. An honorarium or honorarium expense (Use Form 10 - see below)
· An award, plaque, certificate, etc., given in recognition of public, civic, charitable, or professional service
http://www.f1oridaspecialdistricts.orgfHandbook/3-1Ethics.cfm 3/31/2010
Section 3-1: Ethics I Florida Special District Handbook Online Page 5 of 8
. Honorary membership in a service or fraternal organization
· The use of a public facility or public property provided by a governmental agency for a public purpose
· Certain gifts from organizations which promote the exchange of ideas or the professional development of
governmental officials and employees whose membership is primarily composed of elected or appointed
public officials or staff, if the gift is to a member of the organization
. Gifts from relatives
. Gifts from certain governmental entities (Use Form 10 - see below)
. Contributions or expenditures by a political party
Prohibited Gifts include the following:
· Gifts valued at more than $100 from a lobbyist or the partner, firm, or principal of a lobbyist
· Gifts valued at more than $100 from political committees or committees of continuous existence
Special district local officers and specified employees may not solicit any gift, including food or beverage, from
the following:
. A political committee
. A committee of continuous existence
. A lobbyist who has lobbied that special district local officer's or specified employee's special district within
the past 12 months
. A partner, firm, employer, or principal of a lobbyist. A lobbyist is any natural person who, for compensation,
seeks or has sought during the past 12 months to do the following:
o Influence the governmental decision-making of a special district local officer, specified employee, or
their special district
o Encourage the passage, defeat, or modification of any proposal or recommendation by a special
district local officer, specified employee, or their special district
A special district local officer or specified employee may accept a gift valued between $25 and $100 from those
previously listed. The person giving the gift to the special district local officer or specified employee must report
the gift on Commission on Ethics Form 30, Donor's Quarterly Gift Disclosure, and notify the special district
local officer that they will disclose the gift as required.
A special district local officer or specified employee may not directly or indirectly accept a gift worth more than
$100 from those previously listed. However, they may accept it on behalf of the special district. Then, the
special district local officer or specified employee must promptly transfer the gift to the special district.
Water management districts, the South Florida Regional Transportation Authority, the Technological Research
and Development Authority, and airport authorities that lobby governmental entities may give a gift worth more
than $100 to other people required to file Form 1 (certain state officers, local officers, and state employees -
see Form 1 for more information) if they can show a public purpose for giving the gift. The special district giving
the gift must provide a statement describing the gift, the date it was given, and its value to the recipient by
March 1 of the following year so the recipient can report such gifts on Form 10.
Who Must File Form 9, Quarterly Gift Disclosure
· Special district local officers receiving any gift worth more than $100 from someone who is not a relative or
a lobbyist (including the partner, firm, or principal) of the special district.
Where to File Form Form 9, Quarterly Gift Disclosure
. Notarize the form and file it with the Commission on Ethics
http://www.floridasoecialdistricts.on!tHandbook/3-1Ethics.cfm 3/31/2010
Section 3-1: Ethics I Florida Special District Handbook Online Page 6 of 8
When to File Form 9, Quarterly Gift Disclosure
. By the last day of the calendar quarter for the previous calendar quarter during which they received the gift.
Form 10, Annual Disclosure of Gifts from Governmental Entities and Direct Support
Organizations and Honorarium Event Related Expenses
. FQJlIL1Q Annual DisclosuJ:S!. of Gjfts from Governm~ntal Entities and Direct Support Organizati9.D~j:l.nd
Honor<;J,rllJm.Event B...@lated-';2S.QelJ$e~
Overview
Honorarium refers to a payment of money or anything of value, directly or indirectly, as consideration for one or
more of the following:
. Presentation in person, recorded, or broadcast
. Written material, excluding books published or in publication
An honorarium does not include the following:
. Ordinary payment or salary related to one's public duties
. Payment for services not related to the reportable duties of a special district local officer or employee
. Campaign contributions defined in Cha~L1.JLQ, Florida Statutes - CamRaigD...Ejng.m:ing
. Reasonable expenses for transportation, lodging, food, beverages, and event registration fees related to a
presentation or to written material (an honorarium event related expense)
Special district local officers and specified employees may not solicit an honorarium related to his or her public
office or duties nor knowingly accept an honorarium from the following:
. A lobbyist who has lobbied the special district local officer's or specified employee's special district within
the past 12 months
. A partner, firm, employer, or principal of that lobbyist
. A political committee
. A committee of continuous existence
Special district local officers and specified employees may accept the payment of actual and reasonable
transportation, lodging, food and beverage expenses, and registration fees related to an honorarium event
from such persons or entities, if the special district local officer or employee discloses such expenses.
Those that pay the official expenses must provide to the special district local officer or employee an expense
report within 60 days after the honorarium event that contains:
. The name and address of the person providing the expenses
. A description of the expenses provided each day
. The total value of the expenses provided for the honorarium event.
The special district local officer or specified employee must report the expenses received during the preceding
calendar year on Form 10 as part of their annual financial disclosure and should attach the statement from
those paying the expenses.
Who Must File Form 10, Annual Disclosure of Gifts from Governmental Entities and Direct Support
Organizations and Honorarium Event Related Expenses
http://www.floridaspecialdistricts.om/Handbook/3-1Ethics.cfm 3/31/2010
Section 3-1: Ethics I Florida Special District Handbook Online Page 7 of 8
All special district local officers and specified employees filing Form 1 who received reportable gifts from
governmental entities and direct support organizations and/or honorarium event related expenses must use to
report them.
Where to File Form 10, Annual Disclosure of Gifts from Governmental Entities and Direct Support
Organizations and Honorarium Event Related Expenses
. File it with the Commission on Ethics
When to File Form 10, Annual Disclosure of Gifts from Governmental Entities and Direct Support
Organizations and Honorarium Event Related Expenses
. By July 1
Penalties for Code of Ethics Violations
Non~criminal Penalties
. Penalties for special district officers and employees:
o Impeachment
o Removal or suspension from office or employment
o Public censure, reprimand, demotion, or salary reduction
o A civil penalty up to $10,000
o Restitution of pecuniary benefits they received
· Penalties for candidates seeking election to a special district's governing board:
o Disqualification from being on the ballot
o Public censure or reprimand
o A civil penalty up to $10,000
. Penalties for former special district local officers and employees:
o Public censure and reprimand
o A civil penalty up to $10,000
o Restitution of pecuniary benefits they received
Criminal Offenses (e.g., embezzlement or theft of public funds, bribery, impeachable
offenses, threatening a public servant, and defrauding the public or the special district)
. Forfeiture of all retirement rights and benefits
Violations of gift law and/or honorarium provisions by a lobbyist may result in . . .
. A fine up to $5,000.
· A two-year ban from lobbying, or employing someone to lobby, before the agency of the person to whom
the gift or honorarium was given.
Additional Information
. Qjr~Ql Contact:..comJJlission on E;thic.~.
Next
http://www.f1oridaspecialdistricts.om/Handbook/3-1Ethics.cfm 3G 1 !?J)1 n
Section 3-1: Ethics I Florida Special District Handbook Online Page 8 of 8
. S_ection ~:..2: Government-in-thE1.=-$lI..!l$J:line
. Return to the I.f!.Q!sLQf Content$. or S.Y.oi@'Q.tlndex
. Search the Florida Special District Handbook Online
Florida Department of Community Affairs
2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100 (MQ.J.2)
(850) 488-84661 Toll-Free 1-877-352-32221 TDD 1-800-226-4329
http://www.f1oridaspecialdistricts.org/Handbook/3-1Ethics.cfm 3/31/2010
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 16. 2010 (MAR) Division/Department: County Attornev
Bulk Item: Yes ~ No - Staff Contact PersonlPhone #: 3470/Suzanne Hutton
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of a County
Ordinance to amend sections of Chapters 19 and 25 of the Momoe County Code to clarify prohibited uses
of County rights-of-way and provide limitations on appeals processes, additional enforcement measures,
penalties and increased fees for permits.
ITEM BACKGROUND: MCC currently requires permits for construction or improvements in existing
rights-of-way and County roads and streets and Florida Statutes prohibits the obstruction of the normal
use of a public street or road. This public hearing and proposed ordinance is being presented in response
to the volume of citizen complaints and incidents involving obstruction of our streets and rights-of-way by
semi-permanent structures within the right-of-way, on or off the pavement, for which neither the existing
MCC, nor Florida Statutes, effectively clarify nor provide adequate enforcement measures to alleviate the
problem. The proposed ordinance amends Chapters 19 and 25 of the MOlU'oe County Code to clarifY
prohibited uses of County streets and rights-of-way and provides limitations on appeal processes,
additional enforcement measures, penalties and increases fees for permits in an effort to effectively address
these issues.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval to hold public hearing July 21,2010 @3:00 p.m. in Key
West
TOTAL COST: INDIRECT COST: BUDGETED: Yes - No
-
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes - No AMOUNT PER MONTH_ Year
-
APPROVED BY: County Atty ~ OMBlPurchasing_ Risk Management _
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
Revised 1/09
Mayor Murphy
ORDINANCE NO. - 2010
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AMENDING MONROE COUNTY CODE
CHAPTERS 19 AND 25; PROVIDING CLARIFICATION OF PROHIBITED
USES OF RIGHTS-OF-W AY; PROVIDING FOR LIMITATION ON
ATTEMPTS TO CIRCUMVENT THE APPEALS PROCESS BY EXCLUDING
THE SUBMISSION OF NEW APPLICATIONS OR REQUESTS FOR
CLARIFICATION TO START THE APPEAL TIME PERIOD RUNNING
ANEW; PROVIDING PENAL TIES; PROVIDING ADDITIONAL
ENFORCEMENT MEASURES AND PROCEDURES; PROVIDING FOR
INCREASED FEES FOR PERMITS; 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, the Monroe County Code Ch. 19 currently requires permits for construction
or improvements in existing rights-of-way and all roads and streets dedicated to the County in
order to preserve the functionality of the rights-of-way, to maintain smooth traffic flow, and to
apply safety standards; and
WHEREAS, Section 316.025(1), Florida Statutes (F.S.), currently prohibits the
obstruction of the normal use of a public street or road by impeding traffic thereon; and
WHEREAS, members of the public have complained about children playing on their
streets, especially where semi-permanent structures such as basketball hoops have been placed
within the right-of-way on or off the pavement, and refusing to move when motor vehicles pull
into the streets, thereby endangering both themselves and the persons in the vehicles; and
WHEREAS, an old County Engineer opinion regarding obstructions in the right-of-way
is debatably inconsistent with existing Code provisions and it is deemed in the interest of public
safety and welfare that the County Code be revised to clarify permissible uses and effectively
repeal the old opinion; and
WHEREAS, it has been deemed to be a matter of public welfare to create a separate
ordinance reinforcing the state statutes regarding obstruction of traffic and pedestrian traffic
violations for enforcement by the State Attorney, County Sheriff and the Courts, to which this
ordinance is a companion;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 19-33, Monroe County Code, shall be amended to read:
Co. Atty. Ord Amend. Ch. ] 9 and 25 Page I of7
Sec. 19-33. Permit required.
County public right-of-way use permits shall be required for all roads and streets to be
constructed or improved in existing rights-of-way; and all roads and streets that are to be
dedicated to the county; all construction or installation or maintenance of any public or private
utility as provided for in section 19-36; and any structure, driveway, culvert, pavement, boulder.
landscaping. or object in the right-of-way or easement, other than those constructed or
maintained by the county, within rights-of-way of the county road system as defined in F.S. 9
334.03. Construction or installation within county-owned canals and county-owned waterways
will likewise require a permit. A permit from the Florida Department of Transportation is
required for the construction of accessways to or construction within the rights-of-way of any
part of the state highway system as defined in F.S. S 334.03.
SECTION 2. Section 19-43(d), Monroe County Code, shall be amended to read:
Section 19-43(d). Fees.
(d) The public works department shall charge and co llect fees for the items at rates
listed in the following schedules:
(1) Application fee. A nOlU'efundable processing fee of $10.00 $500.00 shall accompany all
county public right-of-way use permit applications. If the permit application is approved, the
application fee will be applied to the permit fees as detailed under subsection (d)(2) of this
section.
(2) Permit fees. Fees for public works construction, under permit issued by the public works
department, in canal, road and street rights-of-way and easements in the unincorporated area of
the county and in the rights-of-way of canals, roads and streets located within municipalities that
are maintained by the county are established as follows:
a. For installation or repair of sanitary and storm sewers, waterlines, gas lines, and other
underground utilities:
TABLE INSET:
For 100 lineal feet or fewer $1 -tOO $30.00
For each additional 1 00 lineal feet or fraction thereof 6.25
b. For French drains, consisting of catchbasin and seepage trench or slab covered trench:
TABLE INSET:
For the installation consisting of one or two catch basins, and seepage $12.50
trench or soakage pit of lengths not to exceed 100 lineal feet $30.00
c. For construction or replacement of sidewalks, curb and gutter:
TABLE INSET:
For 100 lineal feet or fewer $12.50 $25.00
For each additional 100 lineal feet or fraction thereof 6.25
Co. Atty. Ord Amend. Ch. 19 and 25 Page 2 of?
d. For construction of driveways:
TABLE INSET:
For driveway width of 20 feet or fewer $10.00 $25.00
For driveway width greater than 20 feet but less than 40 feet (each 15.00
dliveway)
For driveway width greater than 40 feet (each driveway) 20.00
e. For construction of street pavements:
1. One-lane or two-lane pavements (width of pavement zero to 24 feet):
TABLE INSET:
For 100 lineal feet Or fewer $~ $50.00
For each additional 100 lineal feet or fraction thereof 10.00
2. Three or more lanes of pavement (aggregate width greater than 24 feet):
TABLE INSET:
For 100 lineal feet or fewer $50.00 $100.00
For each additional 100 lineal feet or fraction thereof 25.00
f. For paving of parkways and shoulders:
TABLE INSET:
For 100 lineal feet or fewer $~ $50.00
For each additional 100 lineal feet or fraction thereof 12.50
g. For construction of curb separators:
TABLE INSET:
For 100 lineal feet or fewer $12.50 $25.00
For each additional 100 lineal feet or fraction thereof 5.00
h. For construction of bridges:
TABLE INSET:
For bridge roadway area of 1000 square feet or fewer $100.00 $500.00
For each additional 100 square feet 25.00
Co.Atty. Ord Amend. eh. 19 and 2S Page 3 of?
1. For installation of pennanent-type traffic banicades, guardrails and guide posts:
TABLE INSET:
For each 100 lineal feet or fewer $12.50
J. For construction of street or driveway culvert crossing of canals and drainage ditches (not
controlled by DEP):
TABLE INSET:
For each lineal foot pipe, per foot of pipe diameter or fraction thereof
k. A pennit fee for a multiple-pipe culvert shall be determined by regarding the aggregate
lengths as one continuous pipe.
(3) Penalty fees.
a. When work for which a pennit is required is commenced prior to obtaining a permit, a
penalty fee will be imposed. If the applicant can show that failure to apply for a permit is based
on a good-faith belief that the construction is not affecting the county right-of-way, the penalty
fee may be waived at the discretion of the public works director; provided, however, that
violators promptly apply for a pennit and pay all applicable fees.
b. The penalty fee shall be $25.00 $250.00 plus double the original permit fee.
c. The payment of such penalty fee shall not relieve any person, firm or corporation from fully
complying with all of the requirements of all applicable regulations and codes, nor shall it relieve
any person, finn or corporation from being subject to any of the penalties therein.
SECTION 3. Section 19-46, Monroe County Code, shall be amended to read:
Sec. 19-46. Appeals.
Any party claiming to be aggrieved by a decision ofthe public works director may appeal
to the board of county commissioners by filing a written notice of appeal with the public works
director within 30 days of the date of denial. Once a denial has been issued by the County public
works director or his designee. the aggrieved party shall be restricted to only the appeal to the
BOCC within 30 days of the denial and shall not be aIIowed to submit a second application or a
petition for clarification, or any other mechanism to attempt to create a new date from which the
30 days for appeal shall run.
SECTION 4. Section 19-47, Monroe County Code, shall be amended to read:
Sec. 19-47. Time limits.
(a) Within seven days after receipt of an application for a pennit under this article, the director
of public works (or his designee) shall review the application and shall request submittal of any
additional infonnation the director is pennitted by law to require. If the applicant believes any
request for additional information is not authorized by law or departmental rule, the applicant
may file an appeal to the board of county commissioners pursuant to section 19 16. shall notify
the director that the applicant objects. the grounds therefore, and that he will rely upon his
appellate rights under section 19-46 in the event the permit is denied. Within 15 days after
Co.Atty. Ord Amend. eh. 19 and 25 Page 4 of7
receipt of SHeh-any submitted additional information, the director shall review it and may request
only that information needed to clarify such additional information or to answer new questions
raised by or directly related to such additional information. If the applicant believes the request
of the director for such additional information is not authorized by law or department rule, the
department, at the applicant's request, shall notify of his objection and give notice to proceed to
process the permit application. Permits shall be approved or denied within 30 days after receipt
of the original application, the last item oftimely requested additional material, or the applicant's
written request to begin processing the permit application. whichever shall have last occurred. If
the application is not approved or denied in writing within ~.6.0 days after the last submittal, it
shall be deemed approved and the applicant may demand the permit be issued. Applications for
permits may be denied solely on the basis of actual and irreconcilable conflict of the proposed
work with provisions of the public works manual. Any denial of an application must state the
specific basis upon which the denial is based. The permit shall be considered valid for six
months beginning on the date of issuance unless the commencement date shall be beyond such
time. If work does not commence by the end of this period, the permit shall be considered void
and reapplication shall be necessary. Work must be completed by the completion date indicated
on the application unless the permit is extended upon request to the department of public works
with an explanation of the basis for such request.
(b) A request may be made to the director of public works with the filing ofan application for
expedited review and processing, and provided that all information required as described in
subsection (a) of this section is submitted with the application, the director shall make a
reasonable effort to review and process the same within five days after receipt.
SECTION 5. Section 19-48, MOlU'oe County Code, shall be amended to read:
Sec. 19-48. Restoration and penalty.
No person shall use county rights-of-way or easements for any purpose for which a permit is
required by this article without first obtaining a permit therefore lIDless the use is existing upon
the effective date of the ordinance from 'shieh this section is derived or unless otherwise
authorized by law. In the event county rights-of-way or easements are used and/or construction
or obstruction takes place without a permit, upon written notice by the public works director, the
person shall apply for an after-the- fact permit and pay all fees and penalties as provided in
Section 19-43 of this Chapter therefor and shall restore-the any area for which an after-the-fact
permit may not be issued to its original condition and cease any nonpermitted use except as
noted in section 19-43(b).
SECTION 6. Section 25-5, Monroe County Code, shall be created to read:
Sec. 25-5. Prohibition of obstruction of traffic. It is unlawful for any person or persons
willfully to obstruct the free. convenient. and normal use of any public street. highway. or road in
the unincorporated areas of Monroe County by impeding. hindering. stifling. retarding. or
restraining traffic or passage thereon. by standing or approaching motor vehicles thereon. or by
endangering the safe movement of vehicles or pedestrians traveling thereon: and any person or
persons who violate the provisions ofthis subsection. upon conviction. shall be cited for a
pedestrian violation. punishable as provided in Sections 25-6. Monroe County Code.
Co.Atty. Ord Amend. Ch. 19 and 25 Page 5 of7
SECTION 7. Section 25-6, Monroe County Code, shall be created to read:
Sec. 25-6. Penalties.
(a) Any person cited for a violation of Section 25-5. Monroe County Code is charged with a
noncriminal infraction and shall be cited for such an infraction as well as the corresponding state
statute and shall be cited to appear before the court official who handles other traffic violations.
(b) Any person cited for an infraction under this section must sign and accept a citation
indicating a promise to appear. The officer may indicate on the traffic citation the time and
location of the scheduled hearing and must indicate the applicable civil penalty established in s.
318.18.
( c) Any person who willfully refuses to accept and sign a summons is guilty of a misdemeanor
of the second degree.
SECTION 8. Section 25-35, Monroe County Code, shall be amended to read:
Sec. 25-35. Parking of trucks, trailers and travel trailers, storage.
(a) Within any residential district, no trucks, trailers or wagons of one-ton or greater capacity or
recreational vehicle-type units, as defined in F.S. 9 320.01, in excess of 42 feet in length and in
excess of 8.5 feet in width shall be parked for storage purposes, including o';ernight, on the
paved part of any public right-of-way... or on private property except within a completely
enclosed garage. No trailers of less than one-ton capacity, including all pleasure boat trailers
regarding of capacity, collapsible camping trailers and cargo trailers shall be parked for storage
pmposes, including overnight, on any public right-of-way, but such trailers may be parked on
private property in any district pursuant to subsection (b) ofthis section and this chapter. Only
one recreational vehicle-type unit as defmed in F.S 9 320.01, shall be permitted on anyone
residential or mobile home lot for storage purposes as provided I this section. Trucks, trailers,
wagons, or recreational vehicle-type units as referred to in this subsection may only be parked on
the same lot with and after the principal structure is erected.
(b) All trailers, motor homes or motor coaches parked in accordance with this article shall be
parked taking into account the setback requirements as is set forth in part II ofthis Code.
(c) Trailers, motor homes or motor coaches that are parked for storage as per the provisions of
this article shall not be used as a place of habitation.
(d) No motor vehicle of any type shall be stored. including parking overnight. on any public
right-of-way. A motor vehicle parked on a public right-of-way in excess of seventy-two (72)
hours shall be presumed to be stored.
@.W :fhese vVehicles stored on non-commercial private property must be registered in the
name ofthe owner or the tenant of the property where they are parked.
(f) A law enforcement officer or parking enforcement specialist who discovers a vehicle parked
in violation of this section may issue a ticket in the form used by the county for parking
violations to the driver or. if the vehicle is unattended. attach the ticket to the vehicle in a
conspicuous place. All parking ticket penalties collected pursuant to this section must be
remitted to the county's general fund.
Co.Atty. Ord Amend. Ch. 19 and 25 Page 6 of7
(g) in the case of a violation of this section, the law enforcement officer or parking enforcement
specialist. in addition to charging the owner or operator with any noncriminal violation set forth
in subsections (a) through (e) of this section. may have the vehicle towed and impounded at the
owner's expense. The cost of such towing and impoundment shall be a lien against the vehicle.
If the county court determines that the noncriminal violation charged was invalid:
(1) The vehicle must be immediately released without charge and with the lien provided
for in this section automatically extinguished: or
(2) If the owner or operator has paid the cost of towing and impoundment. the amount
paid must be refunded.
SECTION 9. SEVERABILITY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this
ordinance or any provision thereof shaIl be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 10. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 11. INCLUSION IN THE CODE OF ORDINANCES. 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 12. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held 011 the _ day of ,2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner Mario Di Gennaro
Commissioner Kim Wigington
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
Co. Atty. Ord Amend. Ch. [9 and 25 Page 7 of7 F. HUTTON
1""i:X-~T- "'1"
. '" i I! " " J ~,~ " ~- \j
<<~" '{; '/ io~'P'~"
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMl\fARY
Meeting Date: June 16. 2010 (Marathon) Division: County Attorney's Office
Bulk Item: Yes - No'/ Department:
Staff Contact Person/Phone #:Suzanne Hutton 292-3473
AGENDA ITEM WORDING: Approval of Resolution establishing a process for the BOCC to
evaluate the performance of the County Administrator.
ITEM BACKGROUND: Evaluations of prior county administrators have been performed without any
specific procedure in place, and, generally, only at times that one or more commissioners were seeking
the removal of the administrator. The Administrator's contract provides for evaluations to be
performed on a "periodic" basis, with no definition thereof, and also provides for any recommended
actions of the Administrator to achieve BOCC objectives and policies to be memorialized in a
resolution. Establishment of an evaluation process would allow for evaluations to be conducted in an
atmosphere that is not adversarial, and not in expectation of probable early termination of the
Administrator's contract. It would also afford the Administrator, the BOCC, with an orderly process,
and transparency for the benefit of the public. Back-up includes a proposed resolution, with a blsank to
be filled in re compilation of information, and background, including, in roman numeral III of the
background, proposed questions for evaluation.
PREVIOUS RELEVANT BOCC ACTION: No previous action with respect to current
Administrator, but discussion by Mayor at May regular BOCC meeting regarding the importance of an
evaluation.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval, possibly with adjustments to the process as determined by BOCC.
TOTAL COST:~ INDIRECT COST: BUDGETED: Yes _No -
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/H SOURCE OF FUNDS:
I
REVENUE PRODUCING: Yes - No AMOUNT PER MONTH_ Year -
APPROVED BY: County Atty <!j{/f/ OMBlPurchasing_ Risk Management _
DOCUMENTATION: Included - Not Required_
DISPOSITION: AGENDA ITEM #
Revised 7/09
RESOLUTION NO. 2010-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR
MONROE COUNTY. FLORIDA. ESTABLISHING A PROCESS FOR THE
COUNTY COMMISSIONERS TO EVALUATE THE PERFORMANCE OF THE
COUNTY ADMINISTRATOR.
WHEREAS, the contract between the BOCC and the County Administrator provides that
the BOCC and Administrator shall periodically define goals, performance objectives, relative
priorities, and time lines for proper operation of county government and achievement of the
BOCC's policy objectives, which shall be memorialized by BOCC Resolution(s) which "become
the basis for review and evaluation of the Administrator1s work performance;" and
WHEREAS, to date no such resolutions have been passed and the administrator
generally obtains direction from the BOCe through consensus-taking but no formal vote, and by
those formal actions of the BOeC memorialized in the minutes or in documents such as
contracts; and
WHEREAS, the Administrator's contract also provides that a "review and performance
evaluation of the Administrator may be conducted as often as the BOCC may deem appropriate;"
and
WHEREAS, it is deemed to be in the best interests of the public for the BOCC to
regularly evaluate the performance of the Administrator in order to reinforce good performance
and to provide direction on those matters for which the BOCC deems improvement is needed,
rather than to allow such time to elapse as exacerbates problems generated by malfeasance,
misfeasance or omission; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR MONROE
COUNTY that:
1. A process for evaluation of the performance of the County Administrator is hereby
established.
2. The evaluation process shall be as follows:
A) Any commissioner may commence the evaluation process by requesting at a
County Commission meeting, regardless of whether the agenda has an item listed
for that topic, that an evaluation of the Administrator's performance be
conducted;
B) Upon such request, the BOCe, by a simple majority of the commissioners
present, providing that there is a quorum, may approve the conduct of such
evaluation, or may set a future date for the BOCe to consider the setting of an
evaluation as a posted item, directing staff to insure that the item is placed on the
agenda. In either case, a simple majority of commissioners present, if there is a
quorum, may set the date for the evaluation to be completed in a public meeting.
C) Upon the setting of a date for the public portion of an evaluation through the
process above, the Commissioners shall each be supplied with an Evaluation
Form, in substantially the form attached hereto, or such other form as the BOCC
may have approved for this purpose.
D) Each Commissioner shall individually fill out an evaluation form for the
Administrator, which forms shall be public records, the custodian of which shall
be the Clerk for the BOCC.
E) Each Commissioner may meet with the Administrator if he or she chooses prior to
the County Commission meeting which has been designated by the BOCC for the
public segment of the evaluation to be heard, but shall not be required to do so.
F) Each Commissioner shall provide a copy of his or her completed form to
for compilation of the contents of the 5 evaluations.
G) The compilation shall be included in an agenda item for the Commission to
review with the Administrator the results of the evaluation, to take public input,
and to determine what, if an, actions shall be taken to correct or improve the
administrator's performance.
H) The Commissioners shall discuss at a public meeting their findings or comments
on the evaluations and the compilation, recommendations for changes, and
direction for the development of a resolution that can be brought back to the
BOCC at the next meeting to memorialize the conclusion of the evaluation.
3. This Resolution shall become effective upon the date of its adoption.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida
at a regular meeting on said Board on the day of , A.D., 2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Mario DiGennaro
Commissioner George Neugent
Commissioner Kim Wigington
(SEAL) BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
AITEST: Danny L. Kolhage, CLERK
By: By:
Deputy Clerk Mayor Sylvia Murphy
MOl\JROE COUNTY ATTORNEY
~~
' UZANNE A. UTTON -
COU.N"2( i)TORNEY
/_ I' n
PROCESS FOR
BOCC EVALUATION OF
COUNTY ADMINISTRATOR
I. PRELIMINARY INFORMATION:
Section 21 ofthe County Administrator's contract provides:
"21. PERFORMANCE EVALUATION. The BOCC and Administrator shall periodically define
goals, performance objectives, relative priorities, and time lines for performance which the
BOCC and Administrator mutually agree are minimally necessary for the proper operation of
county government and achievement of the BOCC's policy objectives. The mutual agreement
shall be memorialized by a Resolution or Resolutions of the BOCC, and the Resolution or
Resolutions shall become the basis for review and evaluation of the Administrator's work
performance. A review and performance evaluation of the Administrator may be conducted as
often as the BOCC may deem appropriate.'
Despite periodic discussion at commission meetings during the contract terms of both the prior
and the current administrator to develop and conduct such review and performance evaluations,
the process of reaching resolutions and conducting evaluations has never been established.
II. RELEVANT BACKGROUND INFORMATION
A. STATUTORY - The following are the State Statutes regarding the
administrator's qualifications and duties.
125.73 County administrator; appointment, qualifications, compensation.--
(1) Each county to which this part applies shall appoint a county administrator, who shall
be the administrative head of the county and shall be responSible for the administration of
all departments of the county government which the board of county commissioners has
authority to control pursuant to this act, the general laws of Florida, or other applicable
legislation.
(2) The county administrator shall be qualified by administrative and executive experience
and ability to serve as the chief administrator of the county. He or she shall be appointed by
an affirmative vote of not less than three members of the board of county commissioners
and may be removed at any time by an affirmative vote, upon notice, of not less than three
members of the board, after a hearing if such be requested by the county administrator.
The administrator need not be a resident of the county at the time of appointment, but
during his or her tenure in office shall reside within the county.
(3) The compensation of the administrator shall be fixed by the board of county
commissioners unless otherwise provided by law.
(4) The office of county administrator shall be deemed vacant if the incumbent moves his
or her residence from the county or is, by death, illness, or other casualty, unable to
continue in office. A vacancy in the office shall be filled in the same manner as the original
appointment. The board of county commissioners may appoint an acting administrator in
the case of vacancy or temporary absence or disability until a successor has been appointed
and qualified or the administrator returns.
125.74 County administrator; powers and duties.--
(1) The administrator may be responsible for the administration of all departments
responsible to the board of county commissioners and for the proper administration of all
affairs under the jurisdiction of the board. To that end, the administrator may, by way of
enumeration and not by way of limitation, have the following specific powers and duties to:
(a) Administer and carry out the directives and policies of the board of county
commissioners and enforce all orders, resolutions, ordinances, and regulations of the board
to assure that they are faithfully executed.
(b) Report to the board on action taken pursuant to any directive or policy within the time
set by the board and provide an annual report to the board on the state of the county, the
work of the previous year, and any recommendations as to actions or programs the
administrator deems necessary for the improvement of the county and the welfare of its
residents.
(c) Provide the board, or individual members thereof, upon request, with data or
information concerning county government and to provide advice and recommendations on
county government operations to the board.
(d) Prepare and submit to the board of county commissioners for its consideration and
adoption an annual operating budget, a capital budget, and a capital program.
(e) Establish the schedules and procedures to be followed by all county departments,
offices, and agencies in connection with the budget and supervise and administer all phases
of the budgetary process.
(f) Prepare and submit to the board after the end of each fiscal year a complete report on
the finances and administrative activities of the county for the preceding year and submit
his or her recommendations.
(g) Supervise the care and custody of all county property.
(h) Recommend to the board a current position classification and pay plan for all positions
in county service.
(i) Develop, install, and maintain centralized budgeting, personnel, legal, and purchasing
procedures.
(j) Organize the work of county departments, subject to an administrative code developed
by the administrator and adopted by the board, and review the departments,
administration, and operation of the county and make recommendations pertaining thereto
for reorganization by the board.
(k) Select, employ, and supervise all personnel and fill all vacancies, positions, or
employment under the jurisdiction of the board. However, the employment of all
department heads shall require confirmation by the board of county commissioners.
(I) Suspend, discharge, or remove any employee under the jurisdiction of the board
pursuant to procedures adopted by the board.
(m) Negotiate leases, contracts, and other agreements, including consultant services, for
the county, subject to approval of the board, and make recommendations concerning the
nature and location of county improvements.
(n) See that all terms and conditions in all leases, contracts, and agreements are
performed and notify the board of any noted violation thereof.
(0) Order, upon advising the board, any agency under the administrator's jurisdiction as
specified in the administrative code to undertake any task for any other agency on a
temporary basis if he or she deems it necessary for the proper and efficient administration
of the county government to do so.
(p) Attend all meetings of the board with authority to participate in the discussion of any
matter.
(q) Perform such other duties as may be required by the board of county commissioners.
(2) It is the intent of the Legislature to grant to the county administrator only those powers
and duties which are administrative or ministerial in nature and not to delegate any
governmental power imbued in the board of county commissioners as the governing body of
the county pursuant to s. l(e), Art. VIII of the State Constitution. To that end, the above
specifically enumerated powers are to be construed as administrative in nature, and in any
exercise of governmental power the administrator shall only be performing the duty of
advising the board of county commissioners in its role as the policy-setting governing body
of the county.
B. COUNTY CODE
Sec. 2-58. County administration law adopted.
(a) The board of county commissioners hereby expressly adopts the county administration law
as contained in F.S. ch. 125, pt. III (F.S. 9 125.70 et seq.).
(b) In case of a construction project or professional services that are the subject of previously
executed contracts, the county administrator is authorized without necessity of approval by the
board of county commissioners:
(1) To approve, sign and execute change orders with each change order not to exceed
$25,000.00 or five percent of the original contract price, whichever is greater. Such change
orders are noncumulative: in other words, each change order may be in the amounts described
and need not be added together for the purposes of reaching a maximum per project or per
service change order cost ceiling of $25,000.00 or five percent of the original contract price.
However, before the county administrator may execute a change order authorized by this
subsection, he must notify the members of the board of county commissioners, at least 24 hours
in advance, of his intention to execute the change order. The county administrator must provide
a report at each monthly board of county commissioners meeting listing the change orders
approved by him during the prior month and the reasons for those change orders; and
(2) To extend a project's substantial completion date and to waive up to $25,000.00 of
liquidated damages.
(c) The county administrator is authorized to execute airport sign leases, and to sign and
execute contracts providing for services to be rendered by county personnel at Bayshore
Manor.
(d) The county administrator is authorized to approve and sign reimbursement requests for
moving expenses of newly employed department heads, division directors, or other key
personnel as designated by the administrator, who reside outside of the county at the time of
hire. The amount paid may not exceed $5,000.00.
(e) The county administrator may execute agreements on behalf of the board, provided that
funds have been set aside by the board specifically for that agreement or type of agreement,
and may authorize moving or travel expense reimbursements, as follows:
(1) Agreements for purchase, rental, or lease purchase of equipment of a type and function
designated by the board, at a price not exceeding the amount budgeted by the board, and for an
amount within the administrator1s purchasing limits under the county's procurement policy;
(2) Agreements to publish advertisements for bids, RFPs (requests for proposals) or RFQs
(requests for qualifications) when the item or service for which the bid, RFP, or RFQ being
sought has been budgeted for by the board; and
(3) Reimbursement of Travel expenses of division director and department head interviewees.
In such cases, the board hereby determines that none of its discretionary authority is being
exercised by the county administrator; rather, the execution of such agreements is in conformity
with fiscal decisions already made by the board. Agreements and reimbursements heretofore
made by the administrator and that meet the criteria set forth in this section, as hereby ratified.
C. CONTRACT
Currently in section 3 of the Administrator's contract are the following:
3. DUTIES OF ADMINISTRATOR.
A. Administrator will perform the duties of County Administrator as provided for in
Sections
125.70 through 125.74, Florida Statutes, known as the "County Administration Law of 1974"; all
duties required by other applicable provisions of Florida law; all duties required by the Monroe
County Code and lawfully adopted Resolutions of the BOCC; and all duties as may be set forth
in administrative and personnel policies and procedures adopted by use by the County.
B. Additionally, Administrator shall perform those duties, functions, and assignments
which may from time to time be directed by the BOCC.
e. Duties shall be performed in a professional, respectful, and timely manner and in
accordance with the highest standards of ethical behavior established by the Code of Ethics of
the International City/County Manager Association and with Part III, Chapter 112, Florida
Statutes, entitled Code of Ethics for Public Officers and Employees.
D. Administrator understands and agrees his duties under this Agreement will require
him to routinely work varied hours in excess of the normal County workday, and the hours
worked shall be consistent with the needs of the position. Administrator shall not receive
overtime compensation for hours worked in excess of forty (40) per week, including work done
pre- or post- disaster, including but not limited to hurricanes.
E. Nothing in this Agreement or in the BOCC's policies, rules, and procedures will limit
the Administrator's right to make passive financial investments; to participate in charitable
service or work with charitable organizations and other community activities, including trade and
professional organizations; or to undertake other activities which do not interfere with the
performance of the Administrator's duties under this Agreement, it being mutually agreed that
the Administrator's participation in such activities is of such benefit to the BOCC and the
County.
F. The Administrator will be reasonably available to BOCC members and key County
staff twenty- four (24) hours per day. Such availability will be by telephone or electronic
messaging, or in person.
G. Due to the nature of the Administrator's duties and the requirements of the position,
interference with the Administrator's private life is to be expected and it is recognized that
Administrator may from to time absent himself during normal business hours for personal
reasons; however, Administrator shall remain reasonably available to Board members and key
Board staff by telephone or other electronic means.
III. EVALUATION CONSIDERATIONS
1. KNOWLEDGE - GENERAL: does the administrator display a solid understanding of
general principles of administration - budgeting and fiscal responsibility, personnel
management, accountability, procurement processes, etc.?
2. KNOWLEDGE - COMMUNITY SPECIFIC: does the administrator display sound
knowledge of local issues?
3. KNOWLEDGE - COUNTY PROCESS: does the administrator display sound
knowledge of Monroe County processes and set aside any predisposition to operate under the
practices of other government entities where the administrator may have previously worked?
Monroe County does not have a charter which provides authority for taxes, service fees, or
particular methods of operations that are not authorized by state statute for non-charter counties,
and may be subject to different requirements and authority than charter counties, municipalities
and independent special districts.
4. KNOWLEDGE - APPLICATION:
(a) Analysis - Is the administrator able to analyze complex problems and make feasible
suggestions for solutions (and does he/she do so)?
(b) Planning - Does he/she anticipate future needs, organize work operations, and set
timetables to meet the community needs?
(c) Equitable Treatment - Does the administrator ensure that policies of the BOCC, and
applicable regulations (whether local, state, or federal) are applied evenly and equitably without
favoritism?
5. ISSUE RECOGNITION: is the administrator able to spot or recognize administrative
problems before they are pointed out to him/her?
6. KEEPING INFORMED: does the administrator keep up with trends and changes in
administrative practices?
7. PROFESSIONAL & CIVIC RESPONSIBILITY: does the administrator participate
in professional and civic activities that benefit the community and reflect well upon the
administration and the County?
8. DECISION-MAKING:
a) Does the administrator consult with the BOCC or the County Attorney prior to committing
the County to important courses of action, yet have the gumption to act decisively and without
such consultation when circumstances warrant it?
b) Does the administrator demonstrate the discernment to know when to act and when to
consult?
c) Does the administrator provide to staff a clear statement of goals and expectations on actions
to be taken and provide an opportunity for the person directed to perform the task/program/etc. to
seek clarification of what is actually expected?
d) Do those answers and direction comply with County policy/ordinance and statutory
constraints on the County?
9. HONESTY: does the administrator always conduct himself or herself with candor?
10. COMMITMENT: is the administrator willing to sacrifice personal convenience,
within reasonable limits according to the situation, when necessary to protect the County's
interests?
11. PROFESSIONAL RESPONSIBILITY - CONFIDENTIALITY: does the
administrator maintain those confidences of the client made during Closed Sessions?
12. PROFESSIONAL RESPONSIBILITY . CIRCUMSPECTION: is the
administrator cautious in discussing County business with others, including the press (bearing in
mind that no one is required by law or office policy to discuss issues with the press)?
13. PROFESSIONAL RESPONSIBILITY. DILIGENCE: does the administrator's
work-product reflect: well-reasoned and thoroughly researched analysis of the issue;
ascertainment of necessary facts and information needed to formulate an opinion or
recommendation; and, does he/she inform the BOCC of all ramifications of the problem and the
different courses of action available?
14. PROFESSIONAL RESPONSIBILITY. COOPERATION: does the administrator
manifest a willingness to work with other people for the best interest of the client, including
willingness to share information, know-how, and discernment as to the extent to which the
County's interests can or should be compromised to attain a benefit to the entirety of the County,
including incorporated areas?
15. PROFESSIONAL RESPONSIBILITY. EMPLOYEE RELATIONS: does the
administrator treat other CAO employees with courtesy and respect? Does the administrator
avoid sexual and/or ethnic jokes and innuendoes?
16. PROFESSIONAL RESPONSIBILITY. RELATIONSHIPS: does the
administrator maintain good relationships with those outside the County Administrator's Office
(administrative personnel of municipalities and special districts, County personnel, the general
public, and the media)?
17. PROFESSIONAL RESPONSIBILITY - TIMELINESS: does the administrator
meet deadlines for completion of work? Is the administrator punctual for attendance at hearings,
meetings etc.?
18. PROFESSIONAL RESPONSIBILITY. OBSERVANCE OF POLICIES:
(a) Does the administrator know and follow office and County policies and encourage others to
do the same?
(b) In the event the administrator determines to act contrary to policy, does he/she act first and
ask for indulgence later, or does he/she bring forward to the BOCC recommendations for change
before acting?
(c) Does the administrator address matters in the normal course of business or entertain special
interests and direct staff to do things to accommodate people who are trying to go outside the
County processes to accomplish their goals?
19. COMMUNICATION - TO COUNTY ATTORNEY: Does the administrator keep
the County Attorney informed of significant, controversial or sensitive matters that come to
his/her attention?
20. COMMUNICATION - TO CLIENT: does the administrator keep the BOCC and
affected division directors or staff well informed about on-going matters or new issues or
developments?
21. COMMUNICATION - TO FILE: does the administrator memorialize facts,
authorities, arguments, and other pertinent information so that his/her files are up to date and can
be used by others in his/her absence?
22. COMMUNICATION - RESPONSIVENESS: does the administrator give prompt
answers that are responsive to the client's questions? Do those answers encompass
comprehensive information on the subject or are they a mere yes or no to the question?
(Example: If asked if there is money in the budget to do a project and there is money which can
be diverted from another project, which would have to be postponed, and re-directed to the
project in question, the answer should not be yes; it should be, yes, if we postpone project X &
re-direct the appropriation for that to the project in question.)
23. COMMUNICATION - CLARITY: does the administrator communicate in a clear,
concise and understandable manner?
24. COMMUNICATION - WRITTEN: does the administrator's written work-product
display proper grammar, punctuation and syntax? Is the appearance of the final product neat and
professional?
25. PERSONAL ATTRIBUTES - COURAGE: does the administrator display fortitude,
when necessary, to maintain a position that is unpopular but which he/she is of the opinion is
right?
26. PERSONAL ATTRIBUTES - COMMON SENSE:
(a) does the administrator exercise common sense in dealing with staff and their issues?
(b) with the general public and their issues?
27. PERSONAL ATTRIBUTES. ADAPTABILITY: does the administrator display the
ability and willingness to cover for others when the need arises? To learn new areas of
administration when the need arises?
28. PERSONAL ATTRIBUTES . APPEARANCE: does the administrator maintain
professional standards in his/her appearance (i.e., clothing, grooming, etc.) on the job?
29. PERSONAL ATTRIBUTES. CONDUCT: does the administrator maintain a
professional demeanor on the job and in the community?
30. PERSONAL ATTRIBUTES . OFFICE ENVIRONMENT: does the administrator
manifest due concern for the appearance of the office, including but not limited to, his/her own
office?
31. LEADERSHIP - MEETINGS:
(a) In-house: does the administrator exercise appropriate discretion and control in setting,
attending, and controlling the course and length of meetings? Or are meetings disrupted by
extensive banter and irrelevant matters, personal phone calls, teleconferencing technical
problems?
(b) External: does the administrator work well with elected officials and community leaders to
achieve common goals and objectives for the community? Is his role one of consensus-building
or does it include contributing to the technological or operational effectiveness of the programs
to achieve those goals and objectives?
32. LEADERSHIP. DELEGATION: does the administrator exercise appropriate
discretion in delegating work to support staff and others? This deals with the appropriateness of
delegating the work at all as well as the person to whom it may be delegated.
33. LEADERSHIP. MORALE: does the administrator motivate staff to maintain high
performance standards? Does the administrator seek to elevate morale in the office? Through-
out the County offices?
34. LEADERSHIP. RESPONSIBILITY: does the administrator take charge and assume
responsibility for decisions that need to be made in the absence of higher ranking persons?
34. LEADERSHIP - EVALUATIONS: does the administrator conduct effective and
accurate evaluations for those personnel under his/her authority?
35. LEADERSHIP - COMMUNITY RESPONSIVENESS: does the administrator have
and exercise a strategy for representing and engaging every segment of the community in a
manner in keeping with the policies set by the BOCC?
36. OVERALL PERFORMANCE: Does the administrator manage the day-to-day
operations of the County responsibly, and in keeping with the policies set by the BOCC? -
ICMA Code Of Ethics
With Guidelines
The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most
recently amended by the membership in May 1998. The Guidelines for the Code were
adopted by the ICMA Executive Board in 1972, and most recently revised in July 2004.
The mission of ICMA is to create excellence in local governance by developing and fostering professional local
government management worldwide. To further this mission, certain principles, as enforced by the Rules of
Procedure, shall govern the conduct of every member of leMA, who shall:
1. Be dedicated to the concepts of effective and Credentials. An application for employment or for
democratic local government by responsible ICMA's Voluntary Credentialing Program should be
elected officials and believe that professional complete and accurate as to all pertinent details of
general management is essential to the education, experience, and personal history.
achievement of this objective. Members should recognize that both omissions and
inaccuracies must be avoided.
2. Affirm the dignity and worth of the services rendered Professional Respect. Members seeking a
by government and maintain a constructive, management position should show professional
creative, and practical attitude toward local respect for persons formerly holding the position or for
government affairs and a deep sense of social others who might be applying for the same position.
responsibility as a trusted public servant. Professional respect does not preclude honest
differences of opinion; it does preclude attacking a
Guideline person's motives or integrity in order to be appointed
Advice to Officials of Other Local Governments. to a position.
When members advise and respond to inquiries from
elected or appointed officials of other local Reporting Ethics Violations. When becoming
governments, they should inform the administrators of aware of a possible violation of the ICMA Code of
those communities. Ethics, members are encouraged to report the
matter to ICMA. In reporting the matter, members
3. Be dedicated to the highest ideals of honor and may choose to go on record as the complainant or
integrity in all public and personal relationships in report the matter on a confidential basis.
order that the member may merit the respect and
confidence of the elected officials, of other officials Confidentiality. Members should not discuss or
and employees, and of the public. divulge information with anyone about pending or
completed ethics cases, except as specifically
Guidelines authorized by the Rules of Procedure for Enforcement
Public Confidence. Members should conduct of the Code of Ethics.
themselves so as to maintain public confidence in their
profession, their local government, and in their Seeking Employment. Members should not seek
performance of the public trust. employment for a position having an incumbent
administrator who has not resigned or been officially
Impression of Influence. Members should conduct informed that his or her services are to be terminated.
their official and personal affairs in such a manner as
to give the clear impression that they cannot be 4. Recognize that the chief function of local
improperly influenced in the performance of their government at all times is to serve the best
official duties. interests of all of the people.
Appointment Commitment. Members who accept Guideline
an appointment to a position should not fail to report Length of Service. A minimum of two years
for that position. This does not preclude the possibility generally is considered necessary in order to render a
of a member considering several offers or seeking professional service to the local government. A short
several positions at the same time, but once a bona tenure should be the exception rather than a recurring
fide offer of a position has been accepted, that experience. However, under special circumstances, it
commitment should be honored. Oral acceptance of may be in the best interests of the local government
an employment offer is considered binding unless the and the member to separate in a shorter time.
employer makes fundamental changes in terms of Examples of such circumstances would include refusal
employment. of the appointing authority to honor commitments
concerning conditions of employment, a vote of no they shall not endorse candidates, make financial
confidence in the member, or severe personal contributions, sign or circulate petitions, or
problems. It is the responsibility of an applicant for a participate in fund-raising activities for individuals
position to ascertain conditions of employment. seeking or holding elected office.
Inadequately determining terms of employment prior
to arrival does not justify premature termination. Elections in the Council-Manager Plan. Members
may assist in preparing and presenting materials that
5. Submit policy proposals to elected officials; provide explain the council-manager form of government to
them with facts and advice on matters of policy as the public prior to an election on the use of the plan. If
a basis for making decisions and setting assistance is required by another community,
community goals; and uphold and implement local members may respond. All activities regarding ballot
government policies adopted by elected officials. issues should be conducted within local regulations
and in a professional manner.
Guideline Presentation of Issues. Members may assist the
Conflicting Roles. Members who serve multiple governing body in presenting issues involved in
roles--working as both city attorney and city manager referenda such as bond issues, annexations, and
for the same community, for example--should avoid similar matters.
participating in matters that create the appearance of a
conflict of interest. They should disclose the potential 8. Make it a duty continually to improve the member's
conflict to the governing body so that other opinions professional ability and to develop the competence
may be solicited. of associates in the use of management
techniques.
6. Recognize that elected representatives of the
people are entitled to the credit for the establishment Guidelines
of local government policies; responsibility for policy Self-Assessment. Each member should assess his
execution rests with the members. or her professional skills and abilities on a periodic
basis.
7. Refrain from all political activities which undermine
public confidence in professional administrators. Professional Development. Each member should
Refrain from participation in the election of the commit at least 40 hours per year to professional
members of the employing legislative body. development activities that are based on the practices
identified by the members of leMA.
Guidelines
Elections of the Governing Body. Members should 9. Keep the community informed on local government
maintain a reputation for serving equally and affairs; encourage communication between the
impartially all members of the governing body of the citizens and all local government officers;
local government they serve, regardless of party. To emphasize friendly and courteous service to the
this end, they should not engage in active participation public; and seek to improve the quality and image
in the election campaign on behalf of or in opposition of public service.
to candidates for the governing body.
10.Resist any encroachment on professional
Elections of Elected Executives. Members should responsibilities, believing the member should be
not engage in the election campaign of any candidate free to carry out official policies without
for mayor or elected county executive. interference, and handle each problem without
discrimination on the basis of principle and justice.
Running for Office. Members shall not run for
elected office or become involved in political Guideline
activities related to running for elected office. They Information Sharing. The member should openly
shall not seek political endorsements, financial share information with the governing body while
contributions or engage in other campaign activities. diligently carrying out the member's responsibilities as
set forth in the charter or enabling legislation.
Elections. Members share with their fellow citizens
the right and responsibility to vote and to voice their 11. Handle all matters of personnel on the basis of
opinion on public issues. However, in order not to merit so that fairness and impartiality govern a
impair their effectiveness on behalf of the local member's decisions, pertaining to appointments,
governments they serve, they shall not participate in pay adjustments, promotions, and discipline.
political activities to support the candidacy of
individuals running for any city, county, special
district, school, state or federal offices. Specifically,
Guideline administrator or prior to any official action by the
Equal Opportunity. All decisions pertaining to governing body that may affect such investments.
appointments, pay adjustments, promotions, and
discipline should prohibit discrimination because of Personal Relationships. Member should disclose
race, color, religion, sex, national origin, sexual any personal relationship to the governing body in any
orientation, political affiliation, disability, age, or marital instance where there could be the appearance of a
status. conflict of interest. For example, if the manager's
spouse works for a developer doing business with the
It should be the members' personal and professional local government, that fact should be disclosed.
responsibility to actively recruit and hire a diverse staff
throughout their organizations. Confidential Information. Members should not
disclose to others, or use to further their personal
12. Seek no favor; believe that personal interest, confidential information acquired by them in
aggrandizement or profit secured by confidential the course of their official duties.
information or by misuse of public time is
dishonest. Private Employment. Members should not engage
in, solicit, negotiate for, or promise to accept private
Guidelines employment, nor should they render services for
Gifts. Members should not directly or indirectly solicit private interests or conduct a private business when
any gift or accept or receive any gift--whether it be such employment, service, or business creates a
money, services, loan, travel, entertainment, conflict with or impairs the proper discharge of their
hospitality, promise, or any other form--under the official duties.
following circumstances: (1) it could be reasonably
inferred or expected that the gift was intended to Teaching, lecturing, writing, or consulting are typical
influence them in the performance of their official activities that may not involve conflict of interest, or
duties; or (2) the gift was intended to serve as a impair the proper discharge of their official duties.
reward for any official action on their part. Prior notification of the appointing authority is
appropriate in all cases of outside employment.
It is important that the prohibition of unsolicited gifts be
limited to circumstances related to improper influence. Representation. Members should not represent any
In de minimus situations, such as meal checks, some outside interest before any agency, whether public or
modest maximum dollar value should be determined private, except with the authorization of or at the
by the member as a guideline. The guideline is not direction of the appointing authority they serve.
intended to isolate members from normal social
practices where gifts among friends, associates, and Endorsements. Members should not endorse
relatives are appropriate for certain occasions. commercial products or services by agreeing to use
their photograph, endorsement, or quotation in paid or
Investments in Conflict with Official Duties. other commercial advertisements, whether or not for
Member should not invest or hold any investment, compensation. Members may, however, agree to
directly or indirectly, in any financial business, endorse the following, provided they do not receive
commercial, or other private transaction that creates a any compensation: (1) books or other publications; (2)
conflict with their official duties. professional development or educational services
provided by nonprofit membership organizations or
In the case of real estate, the potential use of recognized educational institutions; (3) products
confidential information and knowledge to further a and/or services in which the local government has a
member's personal interest requires special direct economic interest.
consideration. This guideline recognizes that
members' official actions and decisions can be Members' observations, opinions, and analyses of
influenced if there is a conflict with personal commercial products used or tested by their local
investments. Purchases and sales which might be governments are appropriate and useful to the
interpreted as speculation for quick profit ought to be profession when included as part of professional
avoided (see the guideline on "Confidential articles and reports.
Information") .
Because personal investments may prejudice or may
appear to influence official actions and decisions,
members may, in concert with their governing body,
provide for disclosure of such investments prior to
accepting their position as local government