Item R04BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 20, 2009 Division: County Attorney
Bulk Item: Yes No X Staff Contact Person/Phone #: Cmthia Hall, #3174
AGENDA ITEM FORDING:
A public hearing to consider approval of a County Ordinance creating Section 2-429 of the Monroe
County Code, a code of ethics for members of advisory or quasi-judicial boards..
ITEM BACKGROUND:
The intent of this ordinance is to prohibit members of any board performing quasi-judicial functions
and/or members of an advisory board from voting on any matter presented to an advisory board or
quasi-judicial board on which the person sits if the board member will be directly or indirectly affected
by the action and the board member has any of the following relationships with any of the persons or
entities appearing before the board: (i) officer, director, partner, of counsel, consultant, employee,
fiduciary or beneficiary; or (ii) stockholder, bondholder, debtor or creditor.
PREVIOUS RELEVANT BOCC ACTION:
3/18/09 BOCC requested the County Attorney's Office prepare this ordinance and set it for public
hearing
4/15/09 BOCC approved advertising and holding public hearing 5/20/09 (Item N-12)
CONTRACT/AGREEMENT CHANGES:
Not applicable.
STAFF RECOMMENDATIONS:
Approval.
TOTAL. COST: N/A INDIRECT COST: N/A BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised I/09
ORDINANCE NO. -2009
AN ORDINANCE OF THE BOARD OF COUNTY COMN41SSIONERS OF
MONROE COUNTY, FLORIDA, CREATING SECTION 2-429 OF THE
MONROE COUN TY CODE, A CODE OF ETHICS FOR MEMBERS OF
DATE.ADVISORY AND QUASI-JUDICIAL BOARDS; 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
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners to ensure that all members of advisory boards who are also
members of outside organizations (including both non-profit and for -profit
companies) do not vote on items in which the members, or their outside
organizations, may gain a financial benefit, either direct or indirect; and
WHEREAS, Section 112.326, F.S., allows local governments to enact
ordinances more stringent than all parts of the Florida Ethics Code, including
Section 112.3143, F.S., covering voting conflicts.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
[PROPOSED TEXT CHANGES are presented in stri `ethFO"^h to indicate
deletions and underline to indicate additions,]
Section 1. A new section 2-249 of the Monroe County Code is added to
read as follows:
Voting Conflicts: Members of Advisory and Quasi -Judicial Boards.
a_ No members of any board performing, guasi judicial functions , .,
and/or members of an advisory board shall vote on any matter
presented to an advisory board or quasi-judicial board on which
i
the person sits if the board member „w;.,._ll be directly or indirectly _
y__. .,.,,m
affected b the action of the board on which the member serves,, ,.
and the board member has any of the followinq relationships with
any of the persons or entities appearing before the board: (i)
officer, director, partner, of counsel, consultant, employee,
fiduciary or beneficia • or ii stockholder, bondholder, debtor or
creditor.
b Any such contract agreement or business engagement entered
in violation of this section shall render the transaction voidable at
the election of the (Vf onroe County Board of County
Commissioners.
Section 2. If any section, subsection, sentence, clause, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected such
invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of the conflict.
Section 4. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances in the County of Monroe, Florida, as
additions or amendments thereto.
Section 5. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the day of March, 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By: Deputy Clerk
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By: Mayor/Chairperson
2
* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:. May 20, 2009 Division: County Attorney
Bulk Item: Yes No X Staff Contact Person/Phone #: C3g&a Hall. #3174
AGENDA ITEM WORDING:
A public hearing to consider approval of a County Ordinance creating Section 2-429 of the Monroe
County Code, a code of ethics for members of advisory or quasi-judicial boards..
ITEM BACKGROUND:
The intent of this ordinance is to prohibit members of any board performing quasi-judicial functions
and/or members of an advisory board from voting on any matter presented to an advisory board or
quasi judicial ':board on which the person sits if the board member will be directly
by the action pAthe board member has any of the following relationships with any of the persons or
'ties appearing before the board: (i} officer, director, partner, of counsel, consultant, employee,
fiduciary or beneficiary; or (ii) stockholder, bondholder, debtor or creditor.
br PREVIOUS RELEVANT BOCC ACTION:
3/18/09 BOCC requested the County Attorney's Office prepare this ordinance and set it for public
hearing
4/15/09 BOCC; approved advertising and holding public hearing 5/20/09 (Item N-12)
CONTRACT/AGREEMENT CHANGES:
Not applicable.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A. INDIRECT COST: N/A BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes' No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 1/09
DRAFT
ORDINANCE NO. -2009
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, CREATING SECTION 2-429 OF THE
MONROE COUNTY CODE, A CODE OF ETHICS FOR MEMBERS OF
ADVISORY AND QUASI-JUDICIAL BOARDS; 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 the desire of the Monroe County Board of County
Commissioners to ensure that all members of advisory boards who are also
members of outside organizations (including both non-profit and for -profit
companies) do not vote on items in which the members, or their outside
organizations, may gain a financial benefit, either direct or indirect; and
WHEREAS, Section 112.326, F.S., allows local governments to enact
ordinances more stringent than all parts of the Florida Ethics Code, including
Section 112.3143, F.S., covering voting conflicts.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
[PROPOSED TEXT CHANGES are presented in StFi1keihFGUgh to indicate
deletions and underline to indicate additions.]
Section 1. A new section 2-249 of the Monroe County Code is added to
read as follows:
Voting Conflicts: Members of Advisory and Quasi -Judicial Boards.
Lai No members of any board Derforming guua�si-judicial functions
and/or members of an advisory board shall vote on any matter
Presented to an advisory board or Quasi-iudicial board on which
the person sits if the board member will be directly Aw_i
affected by the action of the board on which the member serves,
(fir the board member has anv of thg following relationships with
anv of the persons or entities apppearina before the board • �}
officer, director, partner, of counsel, consultant, emplo� vee,
fiduciary or beneficiary: or (ii) stockholder, bondholder debtor or
-.creme
Anv such contract a reement or business en a ement entered
in violation of this section shall render the transaction voidable at
the election of the Monroe County Board of County
Commissioners.
Section 2. If any section, subsection, sentence, clause, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected such
invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of the conflict.
Section 4. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances in the County of Monroe, Florida, as
additions or amendments thereto.
Section 5. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the day of March, 2009.
Mayor George Neugent
Mayor Pro Tem Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
(SEAL) BOARD OF COUNTY
Attest: DANNY L. KOLHAGE, Clerk COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By: Deputy Clerk
By: Mayor/Chairperson
2