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Resolution 140-2017RESOLUTION NO. 140 - 2017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ESTABLISHING A POLICY AGAINST ROMANTIC PERSONAL RELATIONSHIPS BETWEEN MEMBERS OF THE SAME ADVISORY COMMITTEE OR BOARD; SETTING FOR THE ADVISORY COMMITTEES AND BOARDS TO WHICH THE POLICY APPLIES. WHEREAS, the Board of County Commissioners of Monroe County, Florida (hereinafter "the BOCC ") has created over 20 advisory' boards and committees; and WHEREAS, some of these boards and committees make recommendations for the expenditure of substantial sums of public money; and WHEREAS, some of these committees hold quasi - judicial hearings, the outcomes of which affect certain rights of parties who appear before those boars, such as property owners and /or licensed contractors; and WHEREAS, the BOCC has determined that the public's interest in transparency and protection against actual or perceived conflicts of interest would be better served if it implemented a policy prohibiting a person from serving on certain advisory boards or committees while that person is currently involved in a romantic relationship with another member of that same board or committee; and WHEREAS, the BOCC finds that the public interest would be better served by adopting such a policy that is applicable to those advisory boards or committees which exercise adjudicatory authority over individuals, property owners, and license holders or which make recommendations to the BOCC for the expenditure of substantial sums of public money; and 1 The County's currently authorized advisory boards and committees are the: Affordable Housing Advisory Committee, Art in Public Places Committee, Climate Change Advisory Committee, Community Development Block Grant (CDBG) Citizens Advisory Task Force, Construction Board of Adjustments & Appeals, Contractors Examining Board, Development Review Committee, Duck Key Security District Advisory Board, Florida Keys Council for People with Disabilities, Health Plan Advisory Committee, Historic Preservation Commission, Human Services Advisory Board, KWIA Ad Hoc Committee on Noise, Land Authority Advisory Committee, Library Advisory Board, Marine & Port Advisory Committee, Older Americans Advisory Board, Parks & Recreation Advisory Board, Planning Commission, RESTORE Act Advisory Committee, Shared Asset Forfeiture Fund Advisory Board, Substance Abuse Policy Advisory Board, and Tourist Development Council. '` The Art in Public Places Committee, the Community Development Block Grant (CDBG) Citizens Advisory Task Force, the Duck Key Security District Advisory Board, the Health Plan Advisory Committee, the Human Services Advisory Board, the Land Authority Advisory Committee, the RESTORE Act Advisory Committee, the Shared Asset Forfeiture Fund Advisory Board, and Tourist Development Council. 3 The Construction Board of Adjustments & Appeals, the Contractors Examining Board, the Historic Preservation Commission, and the Planning Commission. Page 1 of 1 WHEREAS, although Florida's Government in the Sunshine law has been construed to permit couples involved in a romantic relationship to serve as members of the same collegial body, the BOCC finds that public trust in a panel's decisions may be diminished if members were permitted to serve on that board while engaged in a romantic relationship; and WHEREAS, F.S. 112.326 authorizes the BOCC to adopt ethical standards in excess of the minimum ethical standards set forth in state law; and WHEREAS, in recognition of the inherent difficulty in policing human romantic behavior and in recognition of the good faith of Monroe County citizens who step forward to serve on advisory committees, the BOCC calls upon advisory board members and applicants who wish to serve on such committees to self - police their conduct during their tenure on these committees; and WHEREAS, advisory board members who are appointed by the BOCC also serve at the pleasure of the BOCC and thus may be removed at the discretion of the BOCC; and WHEREAS, the BOCC reserves the right to remove any board member whom it finds to have knowingly violated this policy; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Recitals. The recitations set forth above are true and correct and are hereby incorporated by reference herein. Section 2. Policy. The Board declares it to be the policy of Monroe County that no member of an advisory committee, which is established by Monroe County and listed in section 3 of this resolution, shall serve on that committee while engaged in a romantic relationship with another member of that same committee. If an advisory board member is engaged in a romantic relationship with at least one other member of the same panel when this policy is adopted, the affected members shall determine which member(s) should resign from their committee positions to avoid violating the new policy and shall notify the County Administrator's Office within no more than two (2) working days of being notified of the policy. If a romantic relationship should blossom between members of an advisory committee during the course of their tenure on that committee, at least one participant in the romantic relationship shall resign his or her position on the committee and shall notify the County Administrator's Office within no more than two (2) working days of the resignation. The County Administrator is directed to inform all advisory committee members of this new policy within 30 days of adoption of this resolution. A policy violation may be cured by resignation of a sufficient number of committee members to leave only one participant in the romantic relationship on the advisory committee. 4 See, Florida Attorney General Opinion 89 -06, 1989 WL 431595, interpreting F.S. 286.011, the Government in the Sunshine Law. Page 2 of 2 Section 3. Committees and Board covered by the policy. The policy set forth herein shall only apply to members of the following committees which are charged with making recommendations regarding the expenditure of substantial sums of public money or with exercising adjudicative and /or quasi - judicial responsibilities: the Art in Public Places Committee, the Community Development Block Grant (CDBG) Citizens Advisory Task Force, the Construction Board of Adjustments & Appeals, the Contractors Examining Board, the Duck Key Security District Advisory Board, the Historic Preservation Commission, the Human Services Advisory Board, the Land Authority Advisory Committee, the Planning Commission, the RESTORE Act Advisory Committee, the Shared Asset Forfeiture Fund Advisory Board, and the Tourist Development Council. Section 4. Prospective Members. The County Administrator is directed to revise the application form prospective members of advisory committees complete when seeking appointment or reappointment to include a statement alerting applicants to this policy. Section 5. Enforcement. It is the intention of the Board to encourage voluntary compliance with this policy. If advisory board committee members are engaged in romantic relationships and voluntarily comply with this policy, one participant in the relationship may remain on the board. However, in the event the Board is presented with substantial, competent evidence that members of an advisory board are violating or have violated this policy, the Board reserves the right to remove all members found in violation of this policy after affording those members an opportunity to be heard on the matter. Section 6. Exclusions. This policy shall not apply to members of different advisory committees who are engaged in a romantic relationship. This policy shall only apply to ongoing relationships, not to romantic relationships that have ended. This policy shall not apply to members who sit on an advisory board in an ex officio capacity including staff members. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, a t a regular mating held on the 17 day of May, 2017. Cr N J U J Mayor George Neugent Yes c 1 �z ayor Pro Tem David Rice Yes o Go Commissioner Danny Kolhage Yes N r Commissioner Heather Carruthers Yes M = -J CD Commissioner Sylvia Murphy Yes sti x BOARD OF COUNTY COMMISSIONERS Att6st VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA All BY: BY: :a ti�,,� elll� ,r ' °Jbeputy Clerk Mayor MONROE COUNTY ATTORNEY APP C TO FORM: Page 3 of 3 $ AILUNGER, ,,R.