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Item D14C oun t y of Monr ELj » °o � i� G�, � BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 The Florida Ke s lv ', y f i I w; \ Mayor Pro Tern Sylvia J. Murphy, District 5 ; ,= _ :' j Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting December 13, 2017 Agenda Item Number: D.14 Agenda Item Summary #3698 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado (3035) 292 -3470 N/A AGENDA ITEM WORDING: Approval of a resolution authorizing County employees to apply for and/or accept hurricane disaster relief funds without violating Section 1.05(c) of the Personnel Policies and Procedures Manual, i.e. the county gift policy. ITEM BACKGROUND: Hurricane Irma impacted the County as a category 4 hurricane on September 10, 2017. Like many county residents whose homes were damaged during the storm, county employees also suffered damage to their residences. Following the storm, many governmental and non - governmental entities have offered disaster assistance in the form of food, water, materials, gift cards, financial assistance, and other forms of assistance to county residents including County employees. A question has been raised as to whether the County's gift policy, codified as Section 1.05(c) of the Personnel Policies and Procedures Manual prohibits County employees from accepting such disaster assistance. The proposed resolution clarifies that acceptance of such assistance does not violate the gift policy provided that such assistance is not given or accepted with an understanding that it will result in special treatment of the donor. PREVIOUS RELEVANT BOCC ACTION: At the November 17, 2017 regularly scheduled meeting, the Board adopted a resolution that authorized the receipt of disaster relief funds by an airport trade group for distribution to the County's airport employees without violating the county's gift policy. This resolution would extend that exception to all County employees. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve DOCUMENTATION: Stamped Hurricane Disaster relief funds generic resolution FINANCIAL IMPACT: Effective Date: N/A Expiration Date: 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: REVIEWED BY: Bob Shillinger Pedro Mercado Kathy Peters Board of County Commissioners Completed Completed Completed Pending 12/04/2017 1:05 PM 12/04/2017 1:20 PM 12/04/2017 1:53 PM 12/13/2017 9:00 AM 0.14.a RESOLUTION NO. -2017 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE RECIEPT OF HURRICANE DISASTER RELIEF SERVICES BY MONROE COUNTY EMPLOYEES AND CLARIFYING THAT ACCEPTANCE OF SUCH RELIEF SHALL NOT FALL WITHIN THE PROHIBITION ON THE ACCEPTANCE OF GIFTS AS SET FORTH IN SECTION 1.05(C) OF THE COUNTY'S PERSONNEL POLICIES AND PROCEDURES MANUAL. WHEREAS, in the aftermath that follows a disaster such as a hurricane, many Monroe County employees like other county residents are severely impacted by the effects of the storm; and WHEREAS, following a hurricane, many Government and Non - Government Organizations provide disaster relief services to include food, water, clothing, cash and gift cards; and WHEREAS, when disaster relief services are made available in Monroe County, all citizens of the County including County Employees are eligible to receive the services; and WHEREAS, Monroe County employees are prohibited from receiving "gifts" pursuant to Section 1.05(c) of the Monroe County Personnel Policies and Procedures Manual (hereinafter "the gift rule "); and WHEREAS, the County's gift rule currently reads in pertinent part: Employees shall not accept any gift, favor or service from any member of the public, including but not limited to Christmas andlor birthday gifts in an amount that exceeds an estimated value of $25.00. Employees shall not accept any gift, favor or service with the understanding that it was provided to him1her in order to obtain special treatment. WHEREAS, the purpose of the gift rule is to prevent undue influence on Monroe County employees; and Racket Pg. 1584 0.14.a WHEREAS, disaster relief services including food, water, clothing, cash and gift cards are provided to affected individuals for the sole purpose of aiding an individual's recovery from such a hurricane or other disaster; and WHEREAS, the BOCC desires to dispel any concern that the receipt of the disaster relief services may violate the County's gift rule; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1 . The recitals set forth above are incorporated herein as findings by the Board. Section 2 . The Board finds that the receipt of disaster relief services by County Employees following a hurricane or other disaster is not a gift and does not violate Section 1.05(c) of the Personnel Policies and Procedures Manual if said relief is not given or accepted with the understanding that it was provided to the employee in order to obtain special treatment. Section 3 . Monroe County employees may apply for and/or accept hurricane and other disaster relief funds offered for the express purpose of recovery from such a disaster. Section 4 . This resolution shall take effect upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, this 13"' day of December 2017. Mayor David Rice Mayor Pro Tern Sylvia Murphy Commissioner Danny Kolhage Commissioner George Neugent Commissioner Heather Carruthers (SEAL) ATTEST: KEVIN MADOK, CLERK M . Deputy Clerk ASSISTANT BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor David Rice ATTG NLY M - [..A-i ICA00 (z 1411 � Racket Pg. 1 585