Item O09M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Number: 0.9
Agenda Item Summary #2936
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470
n/a
AGENDA ITEM WORDING: Approval of a resolution establishing a policy prohibiting advisory
board members who are engaged in a romantic relationship from serving on certain advisory boards
or committees together.
ITEM BACKGROUND: At a prior meeting, the Board voted to reject a nomination for
appointment to the Contractor's Examining Board (CEB) because the nominee is presently in a
romantic relationship with another member of that board. All Commissioners felt that the prospect
of two CEB members who were dating while serving on the same board, while not illegal or
unethical, would create an appearance of impropriety that might undermine the public confidence in
the decisions of that board. A concern was raised that the situation of having committee members
who were engaged in a romantic relationship with each other could undermine the public's
confidence in the decisions of the board since those members would be viewed as being more
inclined to vote as a block. A majority of members expressed the view that if the Board were going
to reject the nomination on that particular ground, that it should adopt a policy on the subject and not
simply treat those occurrences on a case by case basis. The item attempts to articulate such a policy.
As drafted, the resolution does not attempt to define the term "romantic relationship" or attempt to
set parameters as to what level of intimacy is required to trigger the application of the policy.
Instead, the resolutions attempts to evoke the wisdom of the late Justice Potter Stewart and his often
quoted observation on trying to define obscenity in his concurring opinion in Jacobellis v. Ohio, 378
U.S. 184, 197 (1964), ["1 shall not today attempt further to define the kinds of material I understand
to be embraced within that shorthand description, and perhaps I could never succeed in intelligibly
doing so. But I know it when I see it. "] The resolution calls upon advisory board members to self -
police their conduct and self - correct a violation by resigning if such a relationship presently exists or
develops in the future. The policy would encourage self - policing by permitting one participant in
the relationship to remain on the board if the other participant(s) in the relationship voluntarily
comply with the policy by resignation; however, if members knowingly violate the policy and do not
cure the violation by resignation, all participants in the relationship could be removed by the Board.
The policy contemplates giving advisory board members an opportunity to rebut any allegations
prior to removal by the BOCC as a guard against false claims of relationships by others disappointed
with the outcome of a case heard by the board.
In drafting the proposed policy, staff questioned whether the policy should be applied to all advisory
boards and committees or whether the policy should be limited in application to only those boards
and committees that exercise adjudicatory functions or make recommendations regarding the
expenditure of substantial sums of public dollars. Staff questions whether the concerns regarding
maintaining a transparent process and concerns over actual or apparent conflicts of interest exist with
advisory committees that serve primarily as policy advisors, (e.g. Library Advisory Board, Older
American Advisory Board, and Substance Abuse Policy Advisory Board) but which exercise no
authority over property rights or a tradesperson's professional license and which are not responsible
for making recommendations regarding the expenditure of substantial sums of money. Moreover,
given the difficulty in finding citizens to serve on boards, an across the board policy would make it
even more difficult to find people to serve. By way of example, judging solely by the last names of
individuals listed as chapter officers of the Older American Advisory Board on that panel's page on
the County's website, there appear to be at least three couples who might be affected by the
proposed policy were it applied to that panel.
In recognition of this issue, staff prepared a draft that would make the policy applicable to only
members of those boards specifically identified in the resolution. Those boards specifically listed
exercise adjudicatory responsibilities including acting in a quasi-judicial capacity or make
recommendations for the expenditure of substantial sums of public dollars. As drafted, the
resolution would make the policy applicable to only the following 13 boards and committees:
Art in Public Places Committee
Community Development Block Grant (CDBG) Citizens Advisory Task Force
Construction Board of Adjustments & Appeals
Contractors Examining Board
Duck Key Security District Advisory Board
Health Plan Advisory Committee
Historic Preservation Commission
Human Services Advisory Board
Land Authority Advisory Committee
Planning Commission
RESTORE Act Advisory Committee
Shared Asset Forfeiture Fund Advisory Board
Tourist Development Council
However, the following boards which would not be covered by the proposed resolution:
Affordable Housing Advisory Committee (policy)
Climate Change Advisory Committee (policy)
Development Review Committee (ex officio)
Florida Keys Council for People with Disabilities (policy)
KWIA Ad Hoc Committee on Noise (policy)
Library Advisory Board (policy)
Marine & Port Advisory Committee (policy)
Older Americans Advisory Board (policy)
Parks & Recreation Advisory Board (policy)
Substance Abuse Policy Advisory Board (ex officio)
Eight boards are recommended for exclusion from the proposed policy because the purpose of those
boards is primarily to make policy recommendations. Two other boards are recommended for
exclusion from the proposed policy because the membership of each is composed of people who
have been named to those boards due to their official position either as an elected official or staff (ex
officio).
PREVIOUS RELEVANT BOCC ACTION: At the April 19, 2017 BOCC meeting, the Board
directed the County Attorney to draft a policy prohibiting a member of an advisory board or
committee from having an ongoing romantic relationship with other members of the same
committee.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Stamped Resolution against personal relationships among members of certain advisory boards
FINANCIAL IMPACT:
Effective Date: Upon adoption
Expiration Date: n/a
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
n/a
REVIEWED BY:
Bob Shillinger Completed 05/02/2017 6:34 PM
Bob Shillinger
Budget and Finance
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
05/02/2017 6:34 PM
Skipped
04/26/2017 6:42 PM
Skipped
04/26/2017 6:42 PM
Completed
05/03/2017 3:10 PM
Pending
05/17/2017 9:00 AM
WHEREAS, the Board of County Commissioners of Monroe County, Flori
'"hereinafter "the BOCC") has created over 20 advisory' boards and committees; and
WHEREAS, some of these boards and committees 2 make recommendations for the
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WHEREAS, the BOCC finds that the public interest would be better served by adopti
such a policy that is applicable to those advisory boards or committees which exerci
adjudicatory authority over individuals, Property owners, and license holders or which ma
recommendations to the BOCC for the expenditure of substantial sums of public money; and
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WHEREAS, although Florida's Government in the Sunshine law has been construed 4
permit couples involved in a romantic relationship to serve as members of tile sarne collegi
body, the BOCC finds that public trust in a panel's decisions may be diminished if membq
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
WHERE AS, the BOCC reserves the right to remove any board member whom it finds to
have knowingly violated this policy;
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Section 1. Recitals. The recitations set forth above are true and correct and are hereby
incorporated by reference herein.
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 (lie
Sunshine Law.
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Section 4. Prospective Members. The County Administrator is directed to revise the
application forrn prospective members of advisory committees complete when seeking
appointment or reappointment to include a statement alerting applicants to this policy.
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,
at a regular meeting held on the 17"' day of May, 2017,
Mayor George Neugent
Mayor Pro Tem David Rice
Commissioner Danny Kolhage
Commissioner Heather Carruther�-�
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attes , FLORIDA
BY: BY:
Deputy Clerk
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