Citizen Charter Review Committee - Leon...

Citizen Charter Review Committee

February 1, 2018

6:00 p.m. - 8:00 p.m.

Leon County Courthouse

Commission Chambers, 5th floor

AGENDA

I. Call to Order

II. Approval of January 25, 2018 Meeting Minutes

III. Public Hearings

a. Increasing Campaign Contribution Limits for Local Elections

as Proposed by the Citizen Charter Review Committee

(Vincent S. Long)

b. Code of Ethics Requirement as Proposed by the Citizen

Charter Review Committee

(Vincent S. Long)

c. Employment of the County Attorney as Proposed by the


(Vincent S. Long)

IV. Adjournment

The final public hearing of the Citizen Charter Review Committee will

take place on Thursday, February 8, 2018 at 6:00 P.M.

I.

CALL TO ORDER

2

II.

APPROVAL OF JANUARY 25, 2018

MEETING MINUTES

3

1

2017/2018


January 25, 2018 First Public Hearing

The Leon County 2017-2018 Citizens Charter Review Committee (CRC) met on December 7,

2017 at 11:30 a.m. in the Commission Chambers with Committee members Lee Hinkle, Kim

Williams, Ted Thomas, Catherine Jones, Neil Fleckenstein, Michael Eurich, Anice Prosser,

Casey Perkins, and Shane Hopkins in attendance. Committee members Reginald Ellis, Gordon Thames, Kenneth Hart, William Graham, and Jay Revell were absent. Also present were

County Administrator Vince Long, County Attorney Herb Thiele, Deputy County Administrator

Alan Rosenzweig, Special Projects Coordinator Heather Peeples, and Deputy Clerk Rebecca

Vause.

I. Call to Order: Chairman Hinkle called the first Public Hearing to order at 6:00 p.m.

She conveyed that the Committee had over the past three months made significant

progress and has reviewed numerous issues. She stated that the Committee will hold

three public hearings to receive citizen input on three proposed Charter amendments:

1. Increasing Campaign Contribution Limits for Local Elections 2. Providing a Code of Ethics

3. Modifying the Hiring/Firing Process for the County Attorney

She reminded the CRC that, upon conclusion of the third hearing, a vote to transmit

the proposed amendments to the County Commission will be taken; which will require 10 affirmative votes. She encouraged all Committee members to attend the public

hearings.

II. Approval of Minutes: A motion to approve the January 18, 2018 minutes was offered

by Michael Eurich and seconded by Kim Williams. The motion carried 9-0 (Reginald Ellis,

Gordon Thames, Kenneth Hart, William Graham, and Jay Revell absent).

III. Public Hearings:

a. Increasing Campaign Contribution Limits for Local Elections as Proposed by the


County Administrator Long introduced the item. He stated that the amendment

proposes that the provision on the limitation on campaign contributions be

stricken from the Charter. This change would increase local campaign

contributions to the State limit of $1000. He advised that the current $250 limit

was approved through a Charter amendment in 2010. He noted that the State limit at that time was $500; however, was increased by the Florida Legislature to

$1,000 in 2013. He noted that Leon County is one of only three County

Charters that have a local limit on campaign contributions.

County Administrator Long confirmed that there were no speakers on this issue.

Michael Eurich moved, seconded by Lee Hinkle, approval of Option 1: Conduct the first of three public hearings to consider the proposed charter amendment. The motion carried 9-0 (Reginald Ellis, Gordon Thames, Kenneth Hart, William Graham, and Jay Revell absent).

b. Code of Ethics Requirement as Proposed by the Citizen Charter Review

Committee

4

2

County Administrator Long introduced the item. He stated that the policy would

apply to all County Commissioners, employees and members of appointed boards and committees. He advised the County’s current Ethics Policy exceeds

state law in promoting transparency and addressing potential conflicts of

interest; however, to elevate the importance and visibility of the County’s current

Ethics Policy, the Charter amendment would require the County Commission to

adopt a Code of Ethics by ordinance. He noted that there are currently six

County Charters which require a Code of Ethics by ordinance.


Kim Williams moved, seconded by Michael Eurich, approval of Option 1: Conduct the first of three public hearings to consider the proposed charter amendment. The motion carried 9-0 (Reginald Ellis, Gordon Thames, Kenneth Hart, William Graham, and Jay Revell absent).

c. Employment of the County Attorney as Proposed by the Citizen Charter Review

Committee

County Administrator Long introduced the item. He stated that the amendment

provides for the hiring/firing process of the County Attorney to be consistent

with that of the County Administrator, as is provided in the County Charter.


Shane Hopkins moved, seconded by Anice Prosser, approval of Option 1: Conduct the first of three public hearings to consider the proposed charter amendment. The motion carried 9-0 (Reginald Ellis, Gordon Thames, Kenneth Hart, William Graham, and Jay Revell absent).

IV. Adjournment

Chairman Hinkle thanked the Committee for its work and reminded members

that the second of three public hearing would be held Thursday, February 1,

2018 at 6:00 p.m. in the County Commission Charters.

Chairman Hinkle adjourned the public hearing at 6:07 p.m.

__________________________________ Lee Hinkle, Chair

Leon County Charter Review Committee

_________________________________

Rebecca Vause, Deputy Clerk

5

III.

PUBLIC HEARINGS

6

LEON COUNTY

CITIZEN CHARTER REVIEW COMMITTEE

NOTES FOR AGENDA ITEM A

7


Agenda Item A February 1, 2018

To: 2017-2018 Leon County Citizen Charter Review Committee

From: Vincent S. Long, County Administrator

Herbert W.A. Thiele, County Attorney

Title: Increasing Campaign Contribution Limits for Local Elections as Proposed by

the Citizen Charter Review Committee

Review and Approval: Vincent S. Long, County Administrator


Department/

Division Review:

Alan Rosenzweig, Deputy County Administrator

LaShawn Riggans, Deputy County Attorney Lead Staff/

Project Team:

Heather Peeples, Special Project Coordinator

Sara Pratt, Management Intern

Summary: This is a public hearing on the proposed charter amendment language striking Article II sec.

2.2 sub. (7) and Article III sec. 3.4 Limitation on Campaign Contributions. This change

would increase campaign contributions to the state limit of $1,000.

Staff Recommendation:

Option #1: Conduct the second of three public hearings to consider the proposed charter

amendment (Attachment #1).

8

Title: Increasing Campaign Contribution Limits for Local Elections as Proposed by the


February 1, 2018

Page 2

Report and Discussion

Background:

At the Leon County Charter Review Committee meeting of November 16, 2017, the

Committee voted 8-4 to request an agenda item related to campaign contribution limits in the

Leon County Charter. On November 30, 2017, staff presented the agenda item and the

Committee voted 7-5 to proceed to the next step in the proposed charter amendment process

by requesting that staff prepare proposed charter amendment language striking Article II sec.

2.2 sub. (7) and Article III sec. 3.4 both titled Limitation on Campaign Contributions.

On January 11, 2018, staff presented the proposed charter amendment language as well as

requested information regarding campaign fund balances of individual candidates from

previous elections (Attachment #2). The Committee voted 9-4 to request that staff schedule

the proposed charter amendment language for public hearing. The first public hearing was

conducted on January 25 and the remaining two public hearings have been scheduled for

February 1 and February 8, 2018 at 6:00 p.m. in the Leon County Commission Chambers.

Analysis:

Campaign contribution limitations were not included as part of the original 2002 Charter. At

that time, Florida Statutes established $500 as the campaign contribution limit. The 2009-

2010 Charter Review Committee recommended a charter amendment reducing the campaign

contribution limit from $500 to $250 for County Commission and County Constitutional

officers (Attachment #1). The Board of County Commissioners placed the proposed charter

amendment on the November 2010 General Election ballot which was approved by 65.5% the

local electorate.

Subsequent to the adoption of the Leon County Charter Amendment in 2010, the Florida

Legislature in 2013 increased the campaign contribution limit for individuals and political

committees from $500 to $1,000. Of Florida’s 67 counties, 64 follow the current state law of a

$1,000 campaign contribution limit.

The Committee’s proposed charter amendment would remove Article II sec. 2.2 sub. (7) and

Article III sec. 3.4 Limitation on Campaign Contributions from the Leon County Charter.

These provisions apply to the Leon County Board of County Commissioners and

Constructional Officers respectively, and both provisions read as follows:

No candidate for any County office for which compensation is paid shall accept

any contribution from any contributor, including a political committee, as

defined by state law, in cash or in kind, in an amount in excess of $250 per

election.

If approved by the Leon County electorate, candidates for the Leon County Board of County

Commissioners or a Constitutional Office would be required to follow Section 106.08 of the

Florida Statutes which states that, except for political parties or affiliated party committees, no

person or political committee may, in any election, make contributions in excess of $1,000 for

candidates for county office.

9

Title: Increasing Campaign Contribution Limits for Local Elections as Proposed by the


February 1, 2018

Page 3

Options:

1. Conduct the second of three public hearings to consider the proposed charter amendment.

Voting Threshold: Simple Majority Vote

2. Provide staff with additional direction.


Recommendation:

Option #1.

Attachments:

1. January 11, 2018 Item, “Increasing Campaign Contributions for Local Elections”

10

Citizen Charter Review Committee Agenda Item #5A

January 11, 2017

To:

From:

Title:

Review and Approval:

Department/Division Review:

Lead Staff/Project Team:

Summary:


Attachment #1

Page 1 of 20

11

Report and Discussion Background:

Analysis:

YES

NO

Attachment #1

Page 2 of 20

12

Attachment #1

Page 3 of 20

13

Options:

Recommendation:

Attachment #1

Page 4 of 20

14

Attachment #1

Page 5 of 20

15

Page 1

ARTICLE II. - ORGANIZATION OF COUNTY GOVERNMENT

Sec. 2.2. - Legislative branch.

The County Commission.

Redistricting.

Salaries and Other Compensation.

Authority.

Vacancies.

Administrative Code.

Limitation on Campaign Contributions.

Attachment #1

Page 6 of 20

16

Page 2

ARTICLE III. - ELECTED COUNTY CONSTITUTIONAL OFFICERS

Sec. 3.1. - Preservation of constitutional offices.

Sec. 3.2. - Non-partisan elections.

Non-Partisan Offices.

Non-Partisan Election Procedures.

Qualification by Petition.

Sec. 3.3. - Clerk auditor.

Sec. 3.4. - Limitation on campaign contributions.

Attachment #1

Page 7 of 20

17

2017-2018 Leon County Citizen Charter Review Committee

Vincent S. Long, County AdministratorHerb W.A. Thiele, County Attorney

Increasing Campaign Contribution Limits for Local Elections

Vincent S. Long, County Administrator Herb W.A. Thiele, County AttorneyAlan Rosenzweig, Deputy County Administrator LaShawn Riggans, Deputy County Attorney Heather Peeples, Special Project Coordinator Sara Pratt, Management Intern

To provide for a change in the Charter that increases the current $250 limitation on campaign contributions.

Option #4: Committee direction.

Attachment #1

Page 8 of 20

18

Title: Campaign Contributions for Local Elections November 30, 2017 Page 2

At the Leon County Charter Review Committee meeting of November 16, 2017, the committee passed a motion to request an agenda item related to campaign contribution limits in the Leon County Charter.

Campaign contribution limitations were not included as part of the original 2002 Charter. At that time, Florida Statutes established $500 as the campaign contribution limit. The 2009-2010 Charter Review Committee recommended a charter amendment reducing the campaign contribution limit from $500 to $250 for County Commission and County Constitutional officers(Attachment #1). The Board of County Commissioners placed the proposed charter amendment on the November 2010 General Election ballot which was approved by the local electorate.

The Leon County Charter, Article II sec. 2.2 sub. (7) Limitation on Campaign Contributions,states that no candidate for any County office for which compensation is paid shall accept any contribution from any contributor, including a political committee, as defined by state law, in cash or in kind, in any amount in excess of $250 per election.

Of the 19 other Charter Counties, two have campaign contribution limitations within their charters:

Alachua: $250 applicable to County Commissioners and all Constitutional Officers Sarasota: $200 applicable to County Commissioners and all Constitutional Officers

Subsequent to the adoption of the Leon County Charter Amendment in 2010, the Florida Legislature in 2013 increased the campaign contribution limit for individuals from $500 to $1,000. Taking into consideration Leon County, of the 67 Florida counties, 64 follow the current state law of the $1,000 campaign contribution limit.

The Florida Legislature has made several changes to its campaign financing laws that affect the amount allowed for direct contribution to an individual political candidate. In 1991, campaign contribution limits were decreased from $1,000 to $500. Campaign contribution limits stayed at the $500 level until 2013, when Governor Rick Scott signed into law House Bill 569 which restored campaign contribution amounts to $1,000. This change is reflected in current Florida law, Section 106.08 F.S. (Attachment #2), which sets the campaign finance limit to $1,000 for a candidate for retention as a judge of a district court of appeal; a candidate for legislative office; a candidate for multicounty office; a candidate for countywide office or in any election conducted on less than a countywide basis; or a candidate for county court judge or circuit judge. According to the House bill analysis in 2013 (Attachment #2), most states and the federal government place some sort of limit on campaign contributions. As a charter county, additional limitations on campaign contributions for county commissioners and constitutional officers can be imposed through the charter, however, the maximum amount outlined in state law cannot be exceeded.

Attachment #1

Page 9 of 20

19

Title: Campaign Contributions for Local Elections November 30, 2017 Page 3

1. Proceed to the next step in the proposed charter amendment process by requesting staff

prepare proposed charter amendment language related to campaign contribution limitations for the January 18, 2018 meeting. Voting Threshold: Simple Majority Vote

2. Request additional information and analysis. Voting Threshold: Four (4) Votes

3. Take no further action at this time. Voting Threshold: Simple Majority Vote

4. Committee direction.


Attachments:1. 2010 Charter Amendment Language 2. Florida Statute 106.08 Contributions; limitations on. 3. Bill Analysis of HB 569

Attachment #1

Page 10 of 20

20

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Attachment #1

Page 12 of 20

22

Cand

idat

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mpa

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- 201

4 El

ectio

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1 of

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ntrib

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itOf

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Cont

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ions

Expe

nditu

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Fina

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$250

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Cou

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Com

miss

ion,

At L

arge

Gro

up 2

$27,

596.

74($

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,302

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$250

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Com

miss

ion,

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arge

Gro

up 2

$61,

100.

00($

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,503

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$250

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Cou

nty

Com

miss

ion,

Dist

rict 1

$12,

746.

80($

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illia

m C

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Pro

ctor

$250

Leon

Cou

nty

Com

miss

ion,

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rict 1

$9,3

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781.

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ann

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on C

ount

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issio

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$250

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Com

miss

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Dist

rict 3

$32,

630.

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$26,

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$0.0

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$68,

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e$1

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Cou

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$0.0

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Cou

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$625

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tt$1

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Soi

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Wat

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rvat

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rict 1

$0.0

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Soi

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Wat

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Dist

rict 2

$0.0

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Wat

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$0.0

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$4,0

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Attachment #1

Page 13 of 20

23

Cand

idat

e Ca

mpa

ign

Bala

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- 201

4 El

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Coun

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2 of

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Attachment #1

Page 14 of 20

24

Cand

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Cam

paig

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Elec

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$193

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$250

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$250

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Attachment #1

Page 15 of 20

25

Cand

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Cam

paig

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016

Elec

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$3,9

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$288

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Attachment #1

Page 19 of 20

29

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Attachment #1

Page 20 of 20

30

LEON COUNTY


NOTES FOR AGENDA ITEM B

31


Agenda Item B February 1, 2018




Title: Code of Ethics Requirement as Proposed by the Citizen Charter Review

Committee



Department/

Division Review:


LaShawn Riggans, Deputy County Attorney Lead Staff/

Project Team:

Heather Peeples, Special Projects Coordinator

Nicki Paden, Management Analyst

Summary:

This is a public hearing on the proposed charter amendment to provide a “Code of Ethics”

requirement in the Leon County Charter.



amendment.

32

Title: Code of Ethics Requirement as Proposed by the Citizen Charter Review Committee

February 1, 2018

Page 2


Background:

On November 16, 2017, the Leon County Charter Review Committee voted 12-0 to request staff

to provide an agenda item with analysis related to providing for a “Code of Ethics” in the County

Charter.

Following staff’s presentation of the requested item on November 30, the Committee voted 12-0

to request that staff provide additional analysis regarding other charter counties’ ethics

requirements and applicability to Constitutional Officers. In addition, the Committee requested

two variations of proposed charter amendment language requiring the adoption of a “Code of

Ethics” ordinance, with and without applicability to Constitutional Officers.

On January 11, following consideration of both variations of language, the Committee voted

13-0 to request that staff schedule the public hearings for the proposed charter amendment

language requiring the Board of County Commissioners to adopt a “Code of Ethics” ordinance

not applicable to Constitutional Officers (Attachment #1). The first public hearing was

conducted on January 25 and the remaining two public hearings have been scheduled for

February 1 and February 8, 2018 at 6:00 p.m. in the Leon County Commission Chambers.

Analysis:

In July 2002, to provide further specification related to ethical standards for Leon County

Commissioners and employees, the Board adopted the Leon County Policy 03-05 “Ethics Code.”

The policy has been amended three times to further promote transparency and address potential

conflicts including the addition of provisions related to real estate transactions. The County’s

“Ethics Code” is applicable to the Board of County Commissioners, County employees, and

members of appointed boards and committees.

All local “Code of Ethics” must be at least as stringent as Chapter 112, Part III, F.S., which is

applicable to all public officials, officers, and employees in the state. However, charter counties

may adopt provisions more stringent than state law. Of the 20 charter counties in Florida, seven

have provisions in their charter that require the adoption of an ethics ordinance: (1) Broward, (2)

Clay, (3) Duval, (4) Miami-Dade, (5) Palm Beach and (6) Seminole. In addition, (7) Orange

County, includes the specific provisions of their “Code of Ethics” within the county charter.

If approved by the Leon County electorate, the Committee’s proposed amendment would require

the Board of County Commissioners to adopt a “Code of Ethics” ordinance. Similar to the

County’s Lobbying Regulations Ordinance, the adoption of the “Code of Ethics" as an ordinance

elevates the importance and visibility of the County’s existing ethics policy. In addition, a “Code

of Ethics” ordinance preserves the County’s ability to be responsive to the needs of the

community by allowing future changes to be made by ordinance rather than charter amendments.

33

Title: Code of Ethics Requirement as Proposed by the Citizen Charter Review Committee

February 1, 2018

Page 3

The proposed charter amendment language is included below.

SECTION X.X CODE OF ETHICS

In order to provide a high level of transparency and ethical conduct under charter

government, the Board of County Commissioners shall enact by ordinance a Code of

Ethics no later than the first County Commission meeting in December 2019. The

Code of Ethics shall prescribe standards of conduct for members of the Board of

County Commissioners and its employees, as well as to all members of appointed

boards and committees that have been created by the Board of County

Commissioners. The Code of Ethics shall supplement and not contradict or supersede

any statutory or administrative standards of conduct which apply to any such officer

or employee. The Code of Ethics shall include, but is not limited to, standards of

conduct, provisions defining offenses, prescribing penalties within the limits allowed

by law, and establishing lobbyist regulations. The Code shall not conflict with the

power of the Governor to suspend county officers or of the Senate to remove them

from office, or the power of the people to recall them from office.

Options:





Recommendation:

Option #1.

Attachments:

1. January 11, 2018 Citizens Charter Review Committee “Code of Ethics” Agenda Item

34

Citizen Charter Review Committee Agenda Item #5B

January 11, 2018

To:

From:

Title:

Review and Approval:

Department/Division Review:Lead Staff/Project Team:

Summary:


Attachment #1

Page 1 of 31

35

Report and Discussion Background:

Analysis:

Attachment #1

Page 2 of 31

36

Not

Attachment #1

Page 3 of 31

37

Options:

not

Recommendation:

Attachment #1

Page 4 of 31

38

Citizen Charter Review Committee Agenda Item B November 30, 2017


From: Vincent S. Long, County AdministratorHerb W.A. Thiele, County Attorney

Title: Code of Ethics

Review and Approval: Vincent S. Long, County Administrator Herb W.A. Thiele, County Attorney

Department/Division Review:

Alan Rosenzweig, Deputy County Administrator LaShawn Riggans, Deputy County Attorney

Lead Staff/Project Team:

Heather Peeples, Special Projects CoordinatorNicki Paden, Management Analyst

Summary: This item considers providing for a Code of Ethics in the Leon County Charter.

Staff Recommendation: Option #5: Committee direction.

Attachment #1

Page 5 of 31

39

Title: Code of Ethics November 30, 2017 Page 2

Report and DiscussionBackground:At the Leon County Charter Review Committee meeting of November 16, 2017, the committee passed a motion to request an agenda item related to the Code of Ethics in the County Charter.

Article II, Section 8 of the Florida Constitution provides for “Ethics in Government.” (Attachment #1). The Constitution prescribes under Section 8 (g), that a code of ethics shall be prescribed by law. In fulfilling the Constitutional requirement, Section 112, Part III, of Florida Statutes, establishes a “Code of Ethics for Public Officers and Employees” (Attachment #2),which applies to all county governments. The statute provides ethical standards including, but not limited to:

Standards of Conduct;Ethics Training Requirements; Voting Conflict of Interest Restrictions;Financial Disclosure Requirements; andPenalties.

In July 2002, to provide further specification related to ethical standards for Leon County Commissioners and employees, the Board adopted the Leon County Policy 03-05 “Ethics Code” (Attachment #3). The policy has been amended three times to further promote transparency and address potential conflicts including the addition of provisions related to real estate transactions. The County’s Code of Ethics is applicable to the Board of County Commissioners, County employees, and members of appointed boards and committees.

Following the adoption of amendments to the Code of Ethics Board Policy, the Board hosted a workshop to consider further ethical provisions related to lobbyists. In December 2007, the Board adopted an Ordinance to codify the County’s lobbyist registration process and provide additional provisions which require lobbyist to file quarterly compensation reports with the Clerkof the Board, prohibit County officials and employees from certain conduct and communication, and provide the associated penalties.

Analysis:A “Code of Ethics” sets clear expectations governing the behavior of the individuals of an organization. However, while Leon County has a strong ethics policy, the current policy is neither included nor referenced in the Leon County Charter.

The National Association of Counties (NACo) encourages counties to adopt a local code of ethics to provide a framework for acceptable behavior in order to eliminate ethical misunderstandings and increase accountability. In addition, Section 112.326 Florida Statutes prescribes that nothing in statute prohibits local governments from imposing additional or more stringent standards of conduct or disclosure than Florida law as long as the requirements do not conflict with state law. In addition to provisions outlined in state statute, Leon County’s Code of Ethics goes beyond those provided by state statute related to:

Post-employment restrictions for county officers and employees (e.g. Two-year lobbying prohibition);

Attachment #1

Page 6 of 31

40


Specific standards related to County Real Estate Transactions.

Leon County’s Code of Ethics adheres to state law in regard to the investigation for violations and enforcement of the Code. Florida Statute 112.317 outlines these penalties, which include but are not limited to: Removal from office, suspension from office, public censure and reprimand, and a civil penalty not to exceed $10,000. In addition, the Florida Constitution prescribes that any public officer or employee who is convicted of a felony involving a breach of public trust shall be subject to loss of their public pension.

Of the 20 charter counties, six charters require the County adopt an ethics ordinance:(1) Broward, (2) Clay, (3) Duval, (4) Miami-Dade, (5) Palm Beach and (6) Seminole. In addition, Orange County is the only county that includes the specific provisions of their code of ethics within the county charter. The applicability of the ethics provisions varies by charter to include county commissioners, appointed officials, constitutional officers, and/or employees. As Board Policy, the County’s Code of Ethics visibility and importance can be elevated through inclusion in the County’s Charter. Inclusion in the County’s Charter can be achieved by either requiring an ethics code be adopted by a local ordinance or by placing the full ethics code within the Charter. While the inclusion of the entire code of ethics in the Charter can be done, it would require future charter amendments to make any changes.

Alternatively, a charter requirement to adopt a “Code of Ethics” ordinance elevates the importance and visibility of the County’s ethic’s policy similar to the Lobbying regulations Ordinance. In addition, a “Code of Ethics” ordinance preserves the County’s ability to be responsive to the needs of the community by allowing future changes to be made by ordinance rather than charter amendments. This approach is similar to how the Florida Constitution addresses ethics by providing broad ethical standards and requiring a code of ethics be adopted as state law. To ensure compliance, a local Charter amendment can require a date certain for an ordinance to be enacted. In addition, the Charter amendment may prescribe requirements of an ethics ordinance, such as: who the code applies to, requiring for lobbying regulations, offenses, and prescribing for penalties.

Options: 1. Proceed to the next step in the proposed charter amendment process by requesting staff to

prepare proposed charter amendment language related to a “Code of Ethics” for the January 18, 2017 meeting. Voting Threshold: Simple Majority Vote




Attachment #1

Page 7 of 31

41


Recommendation: Option #5: Committee direction.

Attachments: 1. Florida Constitution Article II, Section 82. Florida Statute Section 112, Part III, “Code of Ethics for Public Officers and Employees” 3. Leon County Board Policy “Code of Ethics” 4. Leon County’s Lobbyist Regulations Ordinance

.

Attachment #1

Page 8 of 31

42

Florida Counties’ Charter Code of Ethics References

Broward

Section 11.08 BROWARD COUNTY ETHICS COMMISSION

A. There shall be a Broward County Ethics Commission whose sole purpose shall be to establish a Code of Ethics for the Broward County Commission. The Broward County Ethics Commission shall work in a collaborative and communicative nature with the County Commission in drafting the Code of Ethics.

The Broward County Ethics Commission shall present a Code of Ethics to the Broward County Commission for consideration no later than at the first County Commission meeting in March 2010 (the “Proposed Ethics Code”). If the Broward County Commission fails to adopt the Proposed Ethics Code as proposed by the Broward County Ethics Commission within one hundred eighty (180) days of its receipt of the proposal, the Proposed Ethics Code shall be presented to the electors of Broward County for consideration at the November 2010 general election. If approved by the electors of Broward County, the Proposed Ethics Code shall become part of the Broward County Code of Ordinances.

(November 4, 2008: Section 11.08, as proposed by the Charter Review Commission, was created to establish the Broward County Ethics Commission responsible for drafting a Code of Ethics regulating the conduct of County Commissioners, to be considered for passage by the County Commission and/or the County electors.)

Section 11.10 CONSTITUTIONAL OFFICERS SUBJECT TO CODE OF ETHICS

The Broward County Sheriff, Property Appraiser, Supervisor of Elections, and Clerk of the Circuit Court are elected officials subject to the Broward County Code of Ethics.

(November 2, 2010: Section 11.01 C, as proposed by the County Commission, was amended to establish that a County ordinance shall prevail over municipal ordinances whenever the County acts to regulate the conduct of elected officials, appointed officials, and public employees through a code of ethics. Section 11.10, as proposed by the County Commission, was created to establish that County constitutional officers are subject to the County Code of Ethics.)

Attachment #1

Page 9 of 31

43

Clay

SECTION 2.2 LEGISLATIVE BRANCH – CODE OF ETHICS

Before July 1, 2007, the Board of County Commissioners shall enact by ordinance a Code of Ethics. The Code of Ethics shall prescribe standards of conduct for members of the Board, the County Manager, the County Attorney, the County Auditor, all other elected or appointed County Officers including the Superintendent of Schools and members of the School Board, and the deputies and employees of all such officers. The Code of Ethics shall supplement and not contradict or supersede any statutory or administrative standards of conduct which apply to any such officer or employee. The Code of Ethics may include, but is not limited to, provisions defining offenses, establishing an ethics board to hear and determine charges, and prescribing penalties within the limits allowed by law. The Code shall not conflict with the power of the Governor to suspend county officers or of the Senate to remove them from office, or the power of the people to recall them from office.

(Added November 7, 2006)

Attachment #1

Page 10 of 31

44

Duval

Chapter 2 – ETHICS

Section 1.202. - ETHICS CODE, ETHICS COMMISSION, INSPECTOR GENERAL

The City of Jacksonville, acting in its capacity as a county, shall enact an ethics code with jurisdiction over the officers and employees of the consolidated government of the City of Jacksonville, its constitutional officers, and independent agencies and districts, whether elected or appointed, paid or unpaid, and to the officers and employees of the school district. Jurisdiction shall include, but not be limited to the following: The Mayor, the Sheriff, the Supervisor of Elections, the Property Appraiser, the Clerk of the Courts, the Tax Collector, City Council, JEA, the Police and Fire Pension Fund, Jacksonville Aviation Authority, Jacksonville Port Authority, Jacksonville Housing Authority, Jacksonville Housing Finance Authority, Jacksonville Transportation Authority, and the Jacksonville Health Facilities Authority. The ethics code may, as allowed by law, supplement state ethics laws. The ethics code shall provide for an independent ethics commission, whose membership shall have appropriate subject matter expertise, and which shall:

(a) manage a citywide ethics hotline for intakes of allegations of violations of the ethics code; (b) manage and coordinate the training and education of local officers and employees in state and local ethics;(c) have the authority to refer ethics matters to appropriate enforcement agencies;(d) recommend changes in legislation to City Council in the areas of ethics laws and administration, conflicts of interests, hotline policies, ethics education, ethics in procurement, campaign ethics, and lobbying; (e) have jurisdiction to levy those civil fines or penalties authorized by the City Council for violations of the City's ethics code; (f) act as the hiring committee for the administrative staff of the ethics oversight and compliance office; and whose enforcement power is limited to the ethics code authorized by this section and enacted by city council. A structure shall be established for the ethics commission that ensures independence and impartiality

Section 1.203 - ETHICS OVERSIGHT AND COMPLIANCE OFFICE AND OFFICE OF INSPECTOR GENERAL

(a) The ethics code provided for in section 1.202 of the Charter shall include the establishment of an independent citywide Ethics Oversight and Compliance office and an independent Office of Inspector General, each with jurisdiction over the City of Jacksonville, its constitutional officers, and its independent agencies.

(b) The Ethics Office shall coordinate ethics training, ethics compliance, and ethics oversight issues and to staff the ethics commission.

(c) The Office of Inspector General shall provide independent oversight of publicly funded activities and transactions and other local government operations. The office shall have jurisdiction to investigate, audit, and provide contract oversight, and to promote economies and efficiencies, improve agency operations, and prevent and deter waste, fraud and abuse.

Attachment #1

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Miami-Dade

Citizens’ Bill of Rights (A) 17. COMMISSION ON ETHICS AND PUBLIC TRUST

The County shall, by ordinance, establish an independent Commission on Ethics and Public Trust comprised of five members, not appointed by the County Commission, with the authority to review, interpret, render advisory opinions and enforce the county and municipal code of ethics ordinances, conflict of interest ordinances, lobbyist registration and reporting ordinances, ethical campaign practices ordinances, when enacted, and citizens’ bill of rights.

Citizens’ Bill of Rights (C) 17. COMMISSION ON ETHICS AND PUBLIC TRUST

The Commission on Ethics and Public Trust may also enforce the provisions of this Article and may impose any penalty authorized by County Code not otherwise prohibited by a collective bargaining agreement, for a violation of this Article. Any penalty imposed by the Commission on Ethics and Public Trust pursuant to this subsection may be enforced in the Miami-Dade County Circuit Court.

Attachment #1

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Orange

Section 706 – CODE OF ETHICS

A. The local code of ethics shall be construed and interpreted in such a way to protect the public's trust and to promote open and accountable government in Orange County. Preserving the public's trust shall be paramount in enforcing the local code of ethics, and it shall be interpreted consistent with the purposes and intent of the local code of ethics.

B. The citizens of Orange County are entitled to a government that embraces best ethical practices and full disclosure of conflicts of interest involving county employees or elected officials. All votes of the board, and actions of the mayor, the county commissioners and county employees, shall be made or taken in the best interests of the citizens of Orange County, free of any undisclosed conflicts of interest.

C. In order to provide a high level of transparency and ethical conduct under charter government, the board shall adopt a local code of ethics applicable to the board of county commissioners and to those employees required to file financial disclosure under state law or who participate in the county procurement process. Such code, though more stringent than general law, shall not place the board of county commissioners or county employees in conflict with the state ethics code, or any other provision of federal or state law, and at a minimum shall provide for:

1. Additional financial and business relationship disclosure; 2. Restrictions on gifts to the board of county commissioners; 3. Under the auspices of an apparent conflict of interest concerning matters involving a prior business associate of any member of the board, disclosure and abstention from voting for a reasonable period of time following termination of the business associate relationship; 4. Approval by the board on development related matters ordinarily subject to final approval by county staff where the applicant or any person having a beneficial interest in the outcome of the matter is a business associate, family member, or employer of a member of the board; 5. Reasonable post-employment restrictions for employees; and6. Subject to the attainment of the same type of confidentiality provisions available to the state commission on ethics under general law, an enforcement process to provide for due process, penalties, and appeals, all within a reasonable timeframe.Implementation of the provisions of this subsection shall be by ordinance adopted either prior to the effective date of this provision or by no later than January 1, 2010.

D. The board of county commissioners and those employees required to file financial disclosure under state law or who participate in the county procurement process shall be required to receive at least annual educational sessions on best ethical practices and current trends in ethics issues.

E. The state code of ethics, as provided by general law, shall have full effect on all employees and officeholders under the charter government. Penalty for violation of the state code of ethics shall be as provided by general law.

F. Any local code of ethics adopted prior to the effective date of this section shall, if necessary, be amended so as to comply with the provisions of this section.

Attachment #1

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Palm Beach

Article VIII Ethics Regulation – Section 8.1 COUNTY CODE OF ETHICS

The county shall, by ordinance, adopt a Palm Beach County Code of Ethics, which shall be at least as stringent as Chapter 112, Part III, Florida Statutes, the Code of Ethics for Public Officers and Employees. The ordinance shall be prepared, adopted, and amended pursuant to the procedures in Section 8.4 of this charter.

Attachment #1

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Seminole

Section 5.4 ETHICS

Ordinance Requirements. On or before January 8, 2008, the Board of County Commissioners of Seminole County, shall, by ordinance (the "Ordinance"), require compliance with the following provisions, which shall be supplemental to, but may not diminish the provisions of general law.

Attachment #1

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THE CODE OF ETHICS GUIDE

⊲ Setting the Standard in Ethics & Public Service

An Ethics “Field Manual” for Employees

Attachment #1

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VisionA community that is safe, healthy and vibrant.

MissionTo efficiently provide public services which serve and strengthen our community.

2 | L E O N C O U N T Y G O V E R N M E N T Attachment #1

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In every way that Leon County employees touch the lives of our citizens we serve, we consistently strive to set the standard in public

service and to uphold the public trust.

Ethics are a core practice in Leon County Government and standards of ethical behavior are detailed in both our “Ethics Code” policy and our “Employee Standards of Conduct” contained in the Human Resources manual. While both of these documents are thorough and complete, the guide you

manual” for reference, reminders and reinforcement related to the high standards of ethical behavior required to be a Leon County employee.

Understanding that this guide may not answer every question you have now or in the future, I’ve designated Wanda Hunter, Assistant County Administrator to be your initial point of contact. She is just a phone call or e-mail away should you have a question or concern,

guidance.

one thing we must all do every day is practice ethics with great clarity and unwavering consistency. Thank you for all you do to make our community and our organization even better.

Vincent S. Long

Wanda HunterAssistant County Administrator

(850) [email protected]

Just a call or email away ...

With almost 30 years of public service, Wanda Hunter has spent her career dedicated to integrity, honesty and accountability. Beginning her career in Leon County with the Office of Equal Employment Opportunity, Wanda has since worked throughout the County in different roles and levels, giving her vast experience and a unique perspective to help you and address issues of ethics and compliance in coordination with Human Resources and the County Attorney’s Office.

ADMINISTRATOR’S LETTERL E O N C O U N T Y G O V E R N M E N T | 3Attachment #1

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eon County employees fully embrace and live by our core practices, and enhance our people focused, performance driven organizational culture; demonstrate pride in their work and their community;

always strive to improve levels of service and performance; and are empowered to help the people they serve. To promote the public interest and maintain the public’s trust, Leon County employees are

committed to the following Core Practices:

● Demonstrating Highest Standards of Public Service. Employees adhere to the highest standards of ethical behavior, avoid circumstances that create even an appearance of impropriety and carry out the public’s business in a manner which upholds the public trust. Citizens know that we are on their side.

● Delivering the “Wow” factor in Customer Service. Employees deliver exemplary service with pride, passion and determination; anticipating and solving problems in “real time” and exceeding customer expectations. Customers know that they are the reason we are here.

● Connecting with Citizens. Employees go beyond customer service to community relevance, engaging citizens as stakeholders in the community’s success. Citizens know that they are part of the bigger cause.

● Accepting Accountability. Employees are individually and collectively accountable for their performance, adapt to changing conditions and relentlessly pursue excellence beyond the current standard, while maintaining our core values.

● Exhibiting Respect. Employees exercise respect for citizens, community partners and each other.

● Employing Team Approach. Employees work together to produce bigger and better ideas to seize the opportunities and to address the problems which face our community.

● Exercising Responsible Stewardship of the Community’s Resources. Employees engage in the

● Living our “People Focused, Performance Driven” Culture. Employees have a structure in place to live all of this as our organizational culture and are empowered to help the people they serve.

A PUBLIC TRUST

to ve a o t s as ou orgga at o a cu tu e a d a e e pop we ed to e pp t e pep opp e t ey y se ve.


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t is prohibited for any County employee to use or attempt to use his/her position, or

any property or resource, that may be within

exemption for himself, herself or others.

Employees shall not be permitted to use County facilities, meeting rooms, or conference rooms, or County equipment for other than County business, unless such facilities or equipment are available in accordance with established policy on a regular basis to the general public in which instance the use of such shall be on the same conditions as for the general public.

Employees should avoid the appearance of inappropriate use of the County’s equipment, supplies, facilities, and other resources for their

Perception is reality

MISUSE OF POSITION

Q: I have an outside business providing lawn care service, am I able to share my County business card with possible new clients?

A: No. Using your County business card, emailing County contacts and any misuse of County resources is prohibited.

Q&A

L E O N C O U N T Y G O V E R N M E N T | 5Attachment #1

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UNAUTHORIZED COMPENSATION

Q: May I take a part-time job from a contractor who currently does work with the County and whose contract I oversee?

A: No, you may not take the part time job even if the contractor has no intention of trying to influence how you manage their contract. Taking the job creates an appearance that you are being influenced.

Q&A

Often our citizens want to express appreciation for work done well. If or money, politely say no. You can

o employee or employee’s spouse or minor child shall, at any time, accept any

compensation, payment, or thing of value when the employee knows, or with the exercise of reasonable care should know that it was

Delivering the WOW!


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he law prohibits the solicitation or acceptance by any County employee of any gift, loan,

GIVING AND RECEIVING GIFTS

Q: Am I able to accept a dinner that is being offered free at an upcoming office-related event?

A: Accepting of food and/or drinks offered at activities where your attendance is associated with your official County duties is okay.

Q&A

same items.

TIP ⊲

County employees are

to all employees.

Are there gifts I can receive?


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n employee may not disclose or use information not available to the general public for his/her personal gain or for the gain of any other person or business entity.

and let her know what type of contractor the County wants?

Q&A

MISUSE OF INFORMATION8 | L E O N C O U N T Y G O V E R N M E N T Attachment #1

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very employee will have the right to express his or her views as a citizen, to cast his or her vote as he or she chooses, to hold membership in and to support a political party, or

maintain political neutrality. Employees may also attend political meetings and take an active

a.

b. Directly or indirectly coercing, attempting to coerce, commanding, or advising a County employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes.

c. Participating in political activities during scheduled work time.

d. special election, will prohibit a person from being principally employed in a federally funded program.

e. Using Leon County resources, including but not limited to material goods and the use of

matters.

POLITICAL ACTIVITIES

TIP ⊲ Social media requires care when using

political views.

Q: I’ve been asked by a neighbor to collect signatures on a petition opposing a neighborhood re-zoning issue. Can I help out and collect signatures?

A: Yes, you can address issues that are important to you and as a citizen are permitted. Remember that you must do this on your own time and must not give even the appearance that you are representing the County. And as always, do not provide any confidential information in support of your position.

Q&A


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mployees shall not engage in any employment activity or enterprise, which has been or may

responsibilities of their County employment.

Employees may not transact business on behalf of the County with any agency in which either the employee or a member of the employee’s immediate family has a “material interest.”

Employees may not hold any employment or contractual relationship with any business entity or any agency, which is subject to the regulation of, or is doing business with, Leon County Government.

OUTSIDE EMPLOYMENT

Complete an Outside Employment Form

Q: I’m interested in getting a part time job a couple nights a week. Can I?

A: You may get a part-time job with the following conditions: you’ve completed the County’s outside employment form and received the necessary approvals; your County job comes first and the new job’s hours do not conflict; and you cannot use any County equipment, supplies, space, etc. when working at your part time job.

Q&A

TIP ⊲

1 0 | L E O N C O U N T Y G O V E R N M E N T Attachment #1

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relative of any County employee with supervisory responsibility shall not be

eligible for employment in or advancement to any position which reports directly to the supervisory employee.

Likewise, a County employee shall not be eligible for advancement to any position with direct supervisory responsibility over a position in which a relative is employed.

NEPOTISM

Q: Can my daughter apply for a job with the County?A: Your daughter may apply for and be considered for a job at the

County, IF, when hired you are not directly responsible for their supervision.

Q&A

TIP ⊲ “Relative” is a relative term…

includes not only father, mother, son, uncle, and aunt as well as others – Resources for a complete list.

L E O N C O U N T Y G O V E R N M E N T | 1 1Attachment #1

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o employee or other person may solicit or be solicited during working hours or in work areas.

No employee may distribute literature in his/her work area or during work hours.

No person may distribute literature to an employee in that employee’s work area or during that employee’s working hours.

Charitable solicitations may be permitted upon approval of the County Administrator and subject to the following:

● Solicitation may take place only for charitable purposes and not for private gain, and only on behalf of generally recognized and reputable charitable organizations.

●

approved by the County Administrator prior to any activity taking place.

SOLICITATION AND FUNDRAISING

TIP ⊲

to discuss which code you should follow.


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You are encouraged to report suspected ethics or compliance concerns, waste or abuse of County resources to your supervisor, or the Assistant County Administrator or both, depending on the circumstances.

b. The Assistant County Administrator is ready and able to discuss any ethics or compliance concerns or issues of waste or abuse of County resources and will make

of the employee.

c. Employees making a report in good faith, or cooperating in an investigation, shall not

d. Any suspicion of fraud should be reported directly to the fraud, waste, and abuse hotline, toll-free at 850-606-5304. Or, by mail to: Leon County Fraud, Waste, Abuse & Misconduct Hotline, 301 South Monroe Street, 5th Floor Leon County Courthouse, Tallahassee, Florida 32301. Reports may be made anonymously.

Additional information can be found at: www.LeonCountyFL.gov/Fraud

e. Any ethics and compliance concerns should be directed to 850-606-5380.

REPORTING ETHICS CONCERNS

“Ethics is knowing the difference between what

you have a right to do and what is right to do.”

—Supreme Court Justice Potter Stewart


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Leon County Policy No. 03-05 “Code of Ethics” applies to the members of the Board of County Commissioners and its employees, as well as to all members of appointed boards and committees that have been created by the Board of County Commissioners.

b. In addition to the “Code of Ethics”, Leon County’s Human Resources Manual, Section II contains standards for “Employee Conduct”.

c.Florida Statutes, applies to all employees and sets forth a baseline of requirements. Where the County Code of Ethics has stricter requirements, employees must adhere to this code. Additionally, County employees may have professional association or licensing ethics requirements, which may impose requirements beyond the County Code of Ethics.

d. Questions regarding compliance with the Code of Ethics are handled by the Assistant County Administrator, in consultation with the County Attorney and Human Resources as needed. In most cases, violations of the Code of Ethics will be addressed by the department director with assistance from the Assistant County Administrator and Human Resources. Where a violation has been found, discipline can range from corrective counseling to termination.

AUTHORITY AND ENFORCEMENT

“The truth of the matter is that you always know

the right thing to do. The hard part is doing it.”

—General H. Norman Schwarzkopf


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ADDITIONAL RESOURCESattract and retain high performing, healthy and happy employees. This is not only good for

our employees, but key to our success in setting the standard in public service. In addition to assisting our employees in navigating potential ethical situations, we have put in place policies and programs which have garnered national attentional for employee well-being, domestic violence and employee assistance. Like the ethics guide, the resources below are intended to serve and support our employees and sustain a workplace where our people can thrive.

Domestic Violence, Sexual Violence and Stalking in the Workplace (Policy 13-2): Leon County will not tolerate acts of Domestic Violence, Sexual Violence, or Stalking in its Workplace, or the use of Leon County resources by Employees to perpetrate such acts. Leon County instituted this

Policy as part of its commitment to a healthy, safe organizational climate and to the prevention and

Violence, Sexual violence, and Stalking which Leon County recognizes as workplace issues that impact the workplace, even if the incidents occur elsewhere.

Violence Prevention and Intervention (Policy 03-12): Violence in the workplace can have a devastating

the quality of life of employees. Recognizing this problem, Leon County has developed procedures to identify, report, intervene, and prevent workplace violence.

Employee Assistance Program (Policy 16-2): The Employee Assistance Program (EAP) has been established to assist employees, who develop

alcohol, drug, behavioral or stress related problems that result in or contribute to substandard job

Leon County Wellness Program (Policy 12-4): The primary

programs and services to assist employees in making voluntary behavior changes that improve employee health and enhance individual productivity and well-being or maintaining a healthy lifestyle.


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P e o p l e F o c u s e d . P e r f o r m a n c e D r i v e n .

Attachment #1

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LEON COUNTY


NOTES FOR AGENDA ITEM C

66


Agenda Item C

February 1, 2018




Title: Employment of the County Attorney as Proposed by the Citizen Charter

Review Committee



Department/

Division Review:


LaShawn Riggans, Deputy County Attorney

Lead Staff/

Project Team:

Heather Peeples, Special Projects Coordinator

Sara Pratt, Management Intern

Summary:

This is a public hearing on a proposed charter amendment to provide a hiring/firing process for

County Attorney to match that of the County Administrator in the Leon County Charter.



amendment (Attachment #1).

67

Title: Employment of the County Attorney as Proposed by the Citizen Charter Review

Committee

February 1, 2018

Page 2


Background:

At the Leon County Charter Review Committee meeting on November 30, 2017, the Committee

voted 12-0 to request an agenda item related to providing for a County Attorney hiring/firing

process consistent with that of the County Administrator in the Leon County Charter.

On December 7, 2017, staff presented the agenda item and the Committee voted 12-0 to proceed

to the next step in the proposed charter amendment process and request that staff bring back draft

Charter amendment language. Staff presented the proposed language at the January 11, 2018

meeting (Attachment #2) and the Committee voted 13-0 to request that staff schedule the

proposed charter amendment language for public hearing. The first public hearing was conducted

on January 25 and the remaining two public hearings have been scheduled for February 1 and

February 8, 2018 at 6:00 p.m. in the Leon County Commission Chambers.

Analysis:

If approved by the Leon County electorate, the Committee’s proposed charter amendment would

provide for a hiring/firing process for the County Attorney which is consistent with the existing

Charter language for the County Administrator.

The proposed charter amendment language is included below, and Attachment #1 shows the

complete Charter Section 2.4 including the proposed changes in strike-through underlined

format. Strike-through represents deletions and underline represents new language to be added.

Sec. 2.4. - County attorney.

(1) There shall be a County Attorney selected by the Board of County Commissioners who shall

serve at the pleasure of, and report directly to, the Board of County Commissioners, and

shall reside within the County during his/her tenure as County Attorney.

(C) The County Attorney shall be appointed by an affirmative vote of a majority plus one

(1) of the entire membership of the Board of County Commissioners. The County

Attorney shall serve at the pleasure of the Board of County Commissioners until such

time as the County Attorney shall be removed by a vote for removal of a majority plus

one (1) of the entire membership of the Board of County Commissioners voting during

the first regularly scheduled meeting occurring after a meeting of the Board at which a

motion expressing the intent of the Board to remove the County Attorney was adopted

by majority vote of those present and voting.

The majority of Florida’s charter counties (17 of 20) outline the hiring and firing process for the

county administrator within their charter. Only eight (8) counties include provisions for the

county attorney in their charter and, of these, the following six (6) counties provide the same

hiring/firing process for both positions: (1) Brevard County; (2) Clay County; (3) Hillsborough

County; (4) Lee County; (5) Seminole County; and (6) Volusia County. As is the case in Leon

County, termination provisions for the county attorney are more commonly included as part of a

negotiated contract between the county attorney and the board of county commissioners.

68

Title: Employment of the County Attorney as Proposed by the Citizen Charter Review

Committee

February 1, 2018

Page 3

Options:





Recommendation:

Option #1.

Attachments:

1. January 11, 2018 Item, “Hiring/Process for the County Attorney”

69


Agenda Item #5C

January 11, 2017

To: 2017-2018 Leon County Citizen Charter Review Committee From: Vincent S. Long, County Administrator

Herb W.A. Thiele, County Attorney Title: Hiring/Firing Process for the County Attorney


Herb W.A. Thiele, County Attorney Department/

Division Review:


Lead Staff/

Project Team:

Heather Peeples, Special Projects Coordinator Sara Pratt, Management Intern

Summary: This item provides proposed charter amendment language modifying the County Attorney hiring/firing process to match that of the County Administrator in the Leon County Charter (Attachment #1).


Option #4: Committee direction

Attachment #1

Page 1 of 8

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Title: Hiring/Firing Process for the County Attorney January 11, 2018 Page 2


Background:

At the Leon County Charter Review Committee meeting on November 30, 2017, the Committee voted 12-0 to request an agenda item related to providing for a County Attorney hiring/firing process consistent with that of the County Administrator in the Leon County Charter. On December 7, 2017, staff presented the agenda item (Attachment #2). The Committee voted 12-0 to proceed to the next step in the proposed charter amendment process and request that staff bring back draft Charter amendment language to the Committee’s January 11, 2017 meeting.

Analysis: Per the Committee’s request, staff has prepared the following proposed Charter amendment language regarding the hiring/firing process for the County Attorney which is consistent with the existing Charter language for the County Administrator. Strike-through represents deletions and underline represents new language to be added. Attachment #1 shows the complete Charter Section 2.4 including the proposed changes in strike-through underlined format. Sec. 2.4. - County attorney. (1) There shall be a County Attorney selected by the Board of County Commissioners who shall

serve at the pleasure of, and report directly to, the Board of County Commissioners, and shall reside within the County during his/her tenure as County Attorney. (C) The County Attorney shall be appointed by an affirmative vote of a majority plus one

(1) of the entire membership of the Board of County Commissioners. The County Attorney shall serve at the pleasure of the Board of County Commissioners until such time as the County Attorney shall be removed by a vote for removal of a majority plus one (1) of the entire membership of the Board of County Commissioners voting during the first regularly scheduled meeting occurring after a meeting of the Board at which a motion expressing the intent of the Board to remove the County Attorney was adopted by majority vote of those present and voting.

Options:

1. Proceed to the next step in the proposed charter amendment process by requesting that staff schedule the proposed charter amendment language for public hearing Voting Threshold: Simple Majority Vote




Recommendation:


Attachment #1

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Title: Hiring/Firing Process for the County Attorney January 11, 2018 Page 3

Attachment: 1. Proposed Charter Amendment 2. December 7, 2017 Item, “Hiring/Process for the County Attorney”

Attachment #1

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Sec. 2.4. - County attorney.

(I) There shall be a County Attorney selected by the Board of County Commissioners who shall serve at tfle pl.easure ef, afld report directly to; the Board of County Commissioners, and shall reside within the County during his/her tenure as County Attorney. (A) The County Attorney shall provide legal services to the Board of County Commissioners, the County Administrator, and County departments, boards and agencies organized under the Board of County Commissioners. (B) The compensation of the County Attorney shall be fixed by the Board of County Commissioners at a level commensurate with the responsibilities of the position with performance appraisals conducted by the Board of County Commissioners at least annually. (C) The County Attorney shall be appointed by an affirmative vote of a majority plus one ( l ) of the entire membership of the Board of County Commissioners. The County Attorney shall serve at the pleasure of the Board of County Commissioners until such time as the County Attorney shall be removed by a vote for removal of a majority plus one (1) of the entire membership of the Board of County Commissioners voting during the first regularly scheduled meeting occurring after a meeting of the Board at which a motion expressing the intent of the Board to remove the County Attorney was adopted by majority vote of those present and voting.

Attachment #1

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Agenda Item B

December 7, 2017

To: 2017-2018 Leon County Citizen Charter Review Committee From: Vincent S. Long, County Administrator

Herb W.A. Thiele, County Attorney Title: Hiring/Firing Process for the County Attorney


Herb W.A. Thiele, County Attorney Department/

Division Review:


Lead Staff/

Project Team:

Heather Peeples, Special Projects Coordinator Sara Pratt, Management Intern

Summary: To provide for a County Attorney hiring/firing process consistent with that of the County Administrator in the Leon County Charter.


Option #4: Committee direction

Attachment #1

Page 5 of 8

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Title: Hiring/Firing Process for the County Attorney December 7, 2017 Page 2


Background:

At the Leon County Charter Review Committee meeting on November 30, 2017, the Committee passed a motion to request an agenda item related to providing for a County Attorney hiring/firing process consistent with that of the County Administrator in the Leon County Charter. The 2009-2010 Citizen Charter Review Committee recommended the charter amendment providing for the appointment and removal of the County Administrator (Attachment #1). The Board of County Commissioners placed the proposed charter amendment on the November 2010 General Election ballot, and the amendment was subsequently approved by the local electorate with 58.40% in favor. Regarding the County Administrator, Section 2.3. (1)(A) of the Leon County Charter states:

“The County Administrator shall be appointed by an affirmative vote of a majority plus one (1) of the entire membership of the Board of County Commissioners. The County Administrator shall serve at the pleasure of the Board of County Commissioners until such time as the County Administrator shall be removed by a vote for removal of a majority plus one (1) of the entire membership of the Board of County Commissioners voting during the first regularly scheduled meeting occurring after a meeting of the Board at which a motion expressing the intent of the Board to remove the County Administrator was adopted by majority vote of those present and voting. The County Administrator shall be the chief executive officer of the County and all executive responsibilities and powers shall be assigned to, and vested in, the County Administrator. The County Administrator shall exercise all executive authority provided by this Home Rule Charter and all other powers and duties authorized by general or special law.”

Analysis: The process for terminating the County Attorney is not specified in the County’s Charter. Article I, sec. 2.4 of the Charter provides the following direction regarding the hiring of the County Attorney:

“(1) There shall be a County Attorney selected by the Board of County Commissioners who shall serve at the pleasure of, and report directly to, the Board of County Commissioners, and shall reside within the County during his/her tenure as County Attorney. (A) The County Attorney shall provide legal services to the Board of County

Commissioners, the County Administrator, and County departments, boards and agencies organized under the Board of County Commissioners.

(B) The compensation of the County Attorney shall be fixed by the Board of County Commissioners at a level commensurate with the responsibilities

Attachment #1

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of the position with performance appraisals conducted by the Board of County Commissioners at least annually.”

The existing employment contract with the County Attorney includes a process for termination of employment whereby the County Attorney may be removed at any time by a majority vote of the full seven members of the Board of County Commissioners at any lawfully scheduled meeting. Of the 19 other Charter Counties, eight outline the hiring and firing process for both the county administrator and county attorney in their charters. Of these counties, the following six provide the same hiring/firing process for both positions:

Brevard County; Clay County; Hillsborough County; Lee County; Seminole County; and Volusia County.

The remaining two counties have differing hiring/firing processes for the county administrator and county attorney:

Broward County; and Polk County.

As noted, the majority of the of Charter Counties do not include a provision in their charter’s related to the hiring/firing provisions of the County Attorney. Typically, the termination provisions are included as part of a negotiated contract between the County Attorney and a Board.

Options:

1. Proceed to the next step in the proposed charter amendment process by requesting staff prepare proposed charter amendment language related to the hiring and firing of the County Attorney for the January 18, 2018 meeting. Voting Threshold: Simple Majority Vote




Recommendation:


Attachment #1

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Attachment: 1. 2010 Charter Amendment Language, Ordinance No. 2010-24

Attachment #1

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IV.

ADJOURNMENT

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