Resolution 040-2004
RESOLUTION NO. 040-2004
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY ACKNOWLEDGING THAT ADVISORY BOARD
MEMBERS HAVE A FIDUCIARY DUTY TO MONROE COUNTY, AND
SETTING FORTH A DESCRIPTION OF THAT DUTY, A BREACH OF
WHICH MAY RESULT IN REMOVAL FROM OFFICE.
WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
(hereinafter "COUNTY") has approximately 50 advisory boards and at least two boards,
The Planning Commission and the Contractors Examining Board, which act in advisory
capacity in addition to having jurisdiction for action in their own right; and
WHEREAS, Article 2, Section 8 of the Florida Constitution provides that "a public
office is a public trust;"
WHEREAS, members of advisory boards are deemed public officers subject to the
code of conduct set forth in Florida Code of Ethics for Public Officers and Employees, as
set forth in Florida Statutes, Sections 112.311, et, seq,; and
WHEREAS, Section 112.311(5), F,S" sets forth policy governing county and
municipal officers to the effect that no public officer or employee shall engage in any
business transaction which is in substantial conflict with the proper discharge of his or her
duties to the public; and
WHEREAS, Section 112,311(6), F,S" declares that public officers and employees
are bound to observe the highest standard of ethics consistent with the Code by
"recognizing that promoting the public interest and maintaining the respect of the people
in their government must be of foremost concern;" and
WHEREAS, the COUNTY finds that certain activities not specified in the State
statutory Code of Ethics give rise to distrust, disregard, or contempt of the publiC toward
their government; and
WHEREAS, the COUNTY has establish a code of conduct for employees' in its
Personnel Policies but has no such Code regarding advisory boards; and
WHEREAS, the COUNTY finds it in the best interest of the public to describe certain
activities which, in addition to the actions prohibited by State statute, tend to generate ill
feelings by the public towards their government;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, that:
Section 1. The standards of conduct with which advisory board members are
required to comply shall include, but not be limited to, the following:
A, The Code of Ethics for Public Officers and Employees, as set forth by the State of
Florida in F,S, 112,311, et.seq,
B. Maintenance of a fiduciary relationship with the COUNTY, which shall require acting
primarily for the County's benefit in matters related to the advisory board of which
he or she is a member.
(i) Fiduciary relationship is defined, for the purposes of this resolution, as the
relationship which exists where there is a special confidence reposed in the
advisory board member as evidenced by the appointment of that person to
the advisory board, and who in equity and in good conscience is bound to act
in good faith and with due regard to the COUNTY's best interests; and
(ii) An advisory board member shall deal with the subject matter in which the
advisory board has an interest in such a manner as to provide no benefit to
the board member and which will in no way prejudice the COUNTY except
with the prior full knowledge and consent of the COUNTY.
Section 2. Should a written and signed complaint be received by the COUNTY, a
newspaper article be published, or other public notice occur of an alleged infraction of the
foregoing code of conduct for advisory board members, the matter shall be investigated
by the County Administrator or his designee, giving the advisory board member an
opportunity to set forth his or her position to the investigator, and a recommendation
shall be made to the COUNTY, which shall be limited to the following:
A. Removal from office;
B. Letter of reprimand and requirement to forbear from any such activity in the
future;
C. Letter finding no digression from the foregoing code of conduct.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 21st day of January, 2004.
Mayor Nelson
Mayor Pro Tem Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
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BOARD OF COUNTY COMMis~O~RSg
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Attest: DANNY L.KOLHAGE, Clerk
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ASSISTAN%OU~Y ATTORNEY
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