Work Session onOmbudsman ordinance

and Proposed Changes

to theLocal Code of Ethics

Board of County CommissionersApril 26, 2011

PRESENTATION OUTLINE

Part 1 – Ombudsman Responsibilities

Part 2 – Proposed changes to Local Code of Ethics•Background•Overview Local Code of Ethics•Proposed Changes

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Ombudsman Responsibilities

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Responsibilities

Ombudsman is a single, local, and independent person to whom employees and citizens can direct their complaints and inquiries.

Ombudsman’s primary areas of responsibility:

1. Receive and investigate complaints against elected officials;

2. Receive and determine jurisdiction on complaints relating to the Local Code of Ethics;

3. Receive and investigate Whistleblower complaints.

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Responsibilities

Ombudsman will refer the following types of complaints or issues:

4. Criminal allegations (to law enforcement or the State’s attorney);

5. Allegations of fraud, waste and abuse (to the Auditor’s hotline);

6. General inquiries (to Department or Division); and 7. Management inquiries or complaints (to County

Administrator or Department Director).

Proposed Changes to the

Local Code of Ethics

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Presentation Outline

Background

Overview Local Code of Ethics

Proposed Changes

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Presentation Outline

Background

Overview Local Code of Ethics

Proposed Changes

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Background In 2007, Ethics and Campaign Finance Reform

Task Force was created

In 2008, BCC adopted Local Code of Ethics

In 2008, Charter amendment adopted by voters

January 1, 2009 Local Code of Ethics took effect

In 2010, Legislation extended public records exemption to counties for ethics complaints

In 2010 the Local Code of Ethics was amended

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Presentation Outline

Background

Overview of Relevant Portions of the Local Code of Ethics

Proposed Changes

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Overview of Local Code of Ethics

Designates a County Investigative Officer to make a finding of jurisdiction on ethics complaints

Requires BCC member disclose business relationships in past two years and abstain from voting in such a case based on appearance of conflict• Not applicable to relationship established

before your term begins or before January 1, 2009

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Overview of Local Code of Ethics

Requires additional disclosure for BCC:

• Quarterly financial disclosure by all reporting individuals on a local form:•Similar to state disclosure form•Business entities in which reporting

individual had a significant interest during reporting period (>$1000 of assets or stock).

•Exempts business associates or business relationship when client information would be disclosed.

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Presentation Outline

Background

Overview of Local Code of Ethics

Proposed Changes

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Proposed Changes

Intent/Construction

• Pg. 2, line 52.

Intent and Construction is added to encourage participation by those best qualified to serve while ensuring an ethical County government.

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Proposed Changes

Definitions:

• Pg. 3, line 90. Business Associate - modified to be more inclusive

• Pg. 3, line 106. Business Entity – revised to delete limitation to only businesses in the state; to delete the reference to Florida Statutes; and include limited liability corporation

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Proposed Changes

Definitions:

• Pg. 4, line 122. County Investigative Officer – revised to allow the County Ombudsman to investigate complaints and make jurisdictional finding.

• Pg. 4, line 160. Parent Entity – defined to mean a separate Business Entity which owns a Significant Interest or controls all or material portion of Subsidiary Entity.

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Proposed Changes

Definitions:

• Pg. 5, line 176. Significant Interest – revised to include Business Entity or a return on investment valued at more than $1000 in 12 month period.

• Pg. 5, line 201. Subsidiary Entity – revised to mean a Business Entity controlled by another where latter’s interest is a Significant Interest.

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Proposed Changes

• Pg. 7, line 265. Clarifies that quarterly disclosure on the local Form 6 shall be done in accordance with the requirements and instructions on the Commission on Ethics Form 6, except that:•Requires that beneficial, equitable, or

Significant Interest in a Business Entity be disclosed.

•Clarifies that filing an income tax return in lieu of local Form 6 is not sufficient for purposes of income disclosure.

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Proposed Changes

• Pg. 8, line 326. Supplemental Disclosure revised to conform to changes to local disclosure and definitions.

• Pg. 8, line 310 and 343. Deletes language relating to disclosure of business associate where not lawfully available with written documentation of same.

• Pg. 12, line 508. Deletes language exempting disclosure of client information relating to business associates or business relationship

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Proposed Changes

• Pg. 11, line 468. Deletes grandfather clause allowing for Mayor or Commissioner to not be required to abstain from voting due to appearance of conflict in certain cases.

• (Result: One must abstain from voting based on appearance of conflict if the relationship existed in the previous 2 year period.)

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Proposed Changes

• Pg. 12, line 514. Adds a new section on charitable contribution fundraising to –•Clarify no quid pro quo for solicitation of

funds by Mayor or Commissioner;•Require disclosure by official when

soliciting funds for charity;•Prohibit use of county staff or resources in

charitable solicitation.•Not applicable to county-sponsored or

county-authorized activity.

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Proposed Changes

• Pg. 13, line 550. Conforming change to change of definition to require complaints be filed at Office of Ombudsman.

Questions?

Work Session onOmbudsman ordinance

and Proposed Changes

to theLocal Code of Ethics

Board of County CommissionersApril 26, 2011