The URL can be used to link to this page

Home My WebLink AboutItem R3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 17.2010 Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Commissioner Murphy # 7175 Suzanne Hutton #3473 AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of an ordinance to prohibit any public officer or employee from receiving a commission or other compensation for a transaction recommended or approved by the public officer's board or public employee's agency. ITEM BACKGROUND: Discussion was held at an earlier meeting of the Monroe County Land Authority about the propriety of a realtor sitting on the City advisory board that recommends parcels for purchase to the City which, in turn, recommends to the Monroe County Land Authority parcels to be purchased and that realtor getting a commission from the sale. In the specific instance, the realtor was not appointed to the City advisory board until after the purchase recommendation had been made. However, it is deemed important to the public trust that efforts be made to avoid the potential for people to influence by their position a transaction that results in them receiving a commission. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/ A REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty~/ OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included XX Not Required_ DISPOSITION: AGENDA ITEM # Mayor Murphy ORDINANCE NO. - 2010 AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2, PROVIDING FOR PROHIBITION OF AGAINST RECEIYf OF A COMMISSION OR OTHER COMPENSATION FOR A TRANSACTION RECOMMENDED OR APPROVED BY A PUBLIC OFFICER'S BOARD OR A PUBLIC EMPLOYEE'S AGENCY; 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, it IS 1ll the public interest to ensure, honest services 1ll County government; and WHEREAS, it is desirable to avoid any impediment to the full and faithful discharge of the duties of public officers and employees where the officer or employee is in a position to receive compensation related to a County transaction which will come before that officer or employee in his official capacity; and WHEREAS, it has become apparent that there are indirect relationships whereby an officer or employee may derive a financial benefit from a transaction approved or recommended by his board or department, and not be in violation of Section 112.313(5), Fla. Stat., which prohibits public officers and employees from accepting other employment which creates "a conflict between his private interests and the performance of his public duties, or will impede the full and faithful discharge of his public duties;" and WHEREAS, Commission on Ethics Opinion 80-15 advises against realtors sitting on a public real estate acquisition committee due to the potential for violation of Sec. 112.313(6), F. S., relating to misuse of public position, and (7)(a), if private employment would impede the full and faithful discharge of public duties; and WHEREAS, the receipt of any type of compensation as a result of any action by the BOCC, regardless of how indirectly the route may be through which the official or employee receives that compensation, has the potential for raising distrust of the public in governmental operations; and WHEREAS, it is expected that the elimination of a commission in a transaction could reduce the cost of that transaction to the County; and Prohibit Commission or other Compo 1 Mayor Murphy WHEREAS, it is 'deemed in the interest of an open and transparent government which instills the public trust to extend the ethical constraints on public officers and employees beyond the parameters of state statutes on the matter; and WHEREAS, it is not deemed necessary to be so restrictive as to preclude from sitting on advisory boards people who have a general interest in the subject matter due to their business or employment and who would abstain from discussion and voting on certain matters pursuant to the State ethics laws and would only benefit in the sense that the whole community or industry benefits from the actions or recommendations of their board; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 2-429, Monroe County Code, is hereby created to read: 2-429. RECEIPT OF COMPENSATION BY PUBLIC OFFICER OR EMPLOYEE PROHIBITED. (a) It is prohibited for any public officer or employee. whether serving as County officers or employees or as public officers or employees of other governmental entities to receive a commission or any other compensation for a transaction recommended or approved by the governmental board upon which the public officer sits or the agency by which the public employee is employed. (1) This prohibition does not extend to situations where a public officer or employee receives a benefit from the generation of business that benefits all businesses similarly situated to that owned or employing the public officer or employee. but applies only to commissions or compensation that is particular to the officer or employee. (2) An attorney employed or on retainer by any local governmental entity in Monroe County and contracted to provide services to Monroe County or any agency thereof may be exempted by the terms of his contract. as approved by the Board of County Commissioners. from the provisions of this ordinance. (b) The board of county commissioners may void any action or contract entered into in connection with a matter where it is determined that this section has been violated. SECTION 2. 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 shall 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. Prohibit Commission or other Compo 2 Mayor Murphy SECTION 3. 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 4. 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 5. EFFECTIVE DATE. This Ordinance shall take effect on provided that this Ordinance shall be filed 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 on the _th day of ,2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Mario DiGennaro Commissioner George Neugent Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson Prohibit Commission or other Compo 3 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on March 17,2010 at 3:00 P.M., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas Highway, Mile Marker 50, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2, PROVIDING FOR PROHffiITION OF AGAINST RECEIPT OF A COMMISSION OR OTHER COMPENSATION FOR A TRANSACTION RECOMMENDED OR APPROVED BY A PUBLIC OFFICER'S BOARD OR A PUBLIC EMPLOYEE'S AGENCY; 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. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. - ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you are hearing or voice impaired, call "7 J 1". Dated at Key West, Florida, this 17th day of February, 2010. (SEAL) DANNY L. KOLHAGE, Clerk ofthe Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication dates: Reporter (Fr) Keynoter (Sa) KW Citizen (Su) 2/19/1 0 2/20/1 0 2/21/10