City Council Special Meeting Monday, November 5, :30 AM

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1 Naples City Council Notice of Meeting and Agenda City Council Chamber, 735 8th Street South, Naples, Florida Mayor: Bill Barnett Vice Mayor: Gary Price City Council Members: Reg Buxton, Terry Hutchison, Michelle McLeod, Linda Penniman, Ellen Seigel City Attorney: Robert D. Pritt City Clerk: Patricia L. Rambosk City Manager: Bill Moss Welcome to today's City Council meeting. If you wish to address the Council regarding an item listed on this agenda, please complete a registration form at the rear of the room and place it in the Speaker Request Box located on the Council dais prior to consideration of that item. We ask that speakers limit their comments to 3 minutes and that large groups name a spokesperson whenever possible. Thank you for your interest and participation in City government. City Council Special Meeting Monday, November 5, :30 AM All proposed ordinances and information on other items listed below, which have been provided in advance of this meeting, may be inspected in the office of the City Clerk, Room B, City Hall, or on the City of Naples home page or call the City Clerk's Office, All written, audio-visual and other materials presented to the City Council in conjunction with deliberations during this meeting will become the property of the City of Naples and will be retained by the City Clerk. 1. Roll Call 2. Pledge of Allegiance 3. Public Comment 4. City Manager 4.A. NOTICE Meeting with representatives of Ethics Naples Recommended Action: Discussion and further direction. FORMAL ACTION MAY BE TAKEN ON ANY ITEM DISCUSSED OR ADDED TO THIS AGENDA. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. ANY PERSON WITH A DISABILITY REQUIRING AUXILIARY AIDS AND SERVICES FOR THIS MEETING MAY CALL THE CITY CLERK'S OFFICE AT (239) WITH REQUESTS AT LEAST TWO BUSINESS DAYS BEFORE THE MEETING DATE. 1

2 5. City Attorney Adjourn Agenda Memorandum Ethics Naples Petition Judge Hayes Order Draft Ethics Framework Ethics Naples Letter Supervisor of Elections - Correspondence 5.A. Request for Attorney/Client Executive Session to be held at the November 7, 2018 Regular Meeting to discuss strategy related pending litigation in City of Naples vs. Ethics Naples, Inc., in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 18-CA Recommended Action: Schedule an Attorney/Client Executive Session to be held November 7, 2018 City Council Regular Meeting. Agenda Memorandum City Attorney Request for Executive Session 2

3 AGENDA MEMORANDUM City Manager Special Meeting Date: November 5, 2018 To: City Council From: Bill Moss, City Manager Date: October 29, 2018 Legislative Quasi-Judicial SUBJECT: Meeting with representatives from Ethics Naples. SUMMARY: Ethics Naples, a Political Action Committee, circulated a petition to submit a City of Naples Charter Amendment to create a Commission on Ethics. The Naples City Council challenged the petition in the Circuit Court. The Judge ruled in favor of Ethics Naples and directed that the referendum be scheduled for March 26, City Council agreed to invite representatives of Ethics Naples to this meeting to discuss the petition. BACKGROUND: Ethics Naples, a Political Action Committee, circulated a petition to submit a City of Naples Charter Amendment to create a Commission on Ethics (provided in packet materials). The petition was signed by the required 10% of registered voters to advance the proposed charter amendment to a referendum. The Naples City Council challenged the petition in the Circuit Court. Judge Hayes issued his Order on October 12, 2018 in favor of Ethics Naples (provided in the packet materials). On October 17, 2018, City Council discussed legal strategies during a closed session. City Council then agreed to schedule a special-called meeting on November 5, 2018 to discuss the subject Ethics Naples petition with representatives of Ethics Naples. Mayor Barnett and City Manager Moss developed an alternative to the Ethics Naples petition and referendum. The Conceptual Framework for a Revised Ethics Ordinance (provided in the packet materials) was provided to representatives of Ethics Naples, Nick Penniman and Ray Christman. A meeting between the representatives, Mayor Barnett, and City Manager Moss was held on October 22 nd and a copy of the Conceptual Framework was provided and discussed, followed by a second meeting on October 26 th. Ethics Naples provided a letter in response to the Conceptual Framework (provided in packet materials). Ethics above all else... Service to others before self... Quality in all that we do. 3

4 Page 2 Representatives of Ethics Naples agreed to attend and participate in the special-called meeting of November 5, FUNDING SOURCE: N/A RECOMMENDED ACTION: Meet with representatives of Ethics Naples. Provide further direction as may be deemed appropriate. 4 Ethics above all else... Service to others before self... Quality in all that we do.

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26 Conceptual Framework for a revised ethics ordinance October 23, 2018 Commission on Ethics. The Naples City Council will create a Commission on Ethics. The Commission shall consist of five Naples citizens who shall be appointed by City Council for four-year staggered terms. Members may be removed at-will and for excessive absence from meetings, consistent with other advisory boards, committees, and commissions. Appointments shall be made within 60 days following the establishment of the Commission. Responsibilities of the Commission on Ethics. Within 180 days following the seating of the Commission, review and recommend amendments to the Naples Code of Ethics (Sec through 2-983), with specific review of provisions related to voting conflicts of interest and disclosures related to quasi-judicial hearings. Receive and investigate complaints alleging ethical violations; investigate complaints on its own initiative; publicly report findings of investigations. Provide advice to the City Council, to individual members of City Council, to members of City boards, committees, and commissions, and to the City Manager on matters pertaining to ethical conduct. Adopt Rules of Procedures. Adopt procedures for the review and investigation of alleged violations of the City s Ethics ordinance or the state ethics law. Review training for state and local ethics requirements and make recommendations for improvements Monitor the ethical conduct of elected and appointed Naples officials and make recommendations intended to advance ethical conduct and transparency. Applicability of the Ethics Code The following must comply with the adopted Ethics Code: officers and employees of the City of Naples, whether elected or appointed; the members, officers and employees of any boards, commissions, or committees appointed by City Council, other than the Naples Airport Authority; and all such persons being Covered Persons, whether paid or unpaid. Authority of the Commission on Ethics. Conduct meetings, consistent with the Florida Sunshine Act, as may be required to fulfill responsibilities. Receive complaints regarding alleged violations of the Naples Ethics Code. Determine whether alleged complaint constitutes a violation and warrants further investigation. For complaints against City employees, inform the City Manager of the alleged complaint and, if deemed appropriate, recommend that the City Manager investigate the alleged violation and take appropriate disciplinary action, 26

27 including termination of employment and reporting findings to the State Attorney for prosecution. For complaints against members of City Council, boards, committees, and commissions, authorize the investigation of the complaint when there is reasonable cause to believe that a violation has occurred. Review the results of the investigation. When an investigation reveals that a violation has occurred: Recommend the removal of a member of a city board, committee, or commission. Refer the findings of the investigation and the Commission s determination to the Florida Commission on Ethics. Refer the findings of the investigation and the Commission s determination to the State Attorney for criminal prosecution. Recommend to City Council the public censure of any member of Council. Recommend the removal from office for ethical violations meeting the standards outlined in Section F.S. Recommend the initiation of a recall petition to remove from office, consistent with standards outlined is Section F.S. Responsibilities of City Council Provide to the Commission on Ethics staff assistance and legal counsel to develop recommendations for a revised City Ethics Code. Review recommended amendments to the City s Ethic Code; conduct public hearings; and adopt recommendations deemed appropriate and consistent with Article VIII, Sections 2 (b) Florida Constitution and Section , Florida Statutes. Authorize the City Attorney, City Manager (or designee as determined by the City Manager), or City Clerk to serve as staff liaison to the Commission on Ethics. Authorize the Commission to request the assistance of the City Manager or designee to conduct investigations regarding alleged violations of ethics. Authorize the Commission to recommend the retention of a qualified individual, such as a Special Magistrate, to conduct investigations as may be required. Fund the expenses related to investigations as deemed appropriate through the annual budget adoption process. Appoint member(s) to the Commission of Ethics within 60 days upon resignation or removal from office. 27

28 Ethics Naples, Inc. P. 0. Box 7249 Naples, FL October 26, 2018 Dear Mayor Bamett and City Manager Moss: Thank you for meeting with us this past Monday to discuss the City Council's concerns about the proposed ethics amendment and the court's recent order that the City hold a March 26, 2019, special election on the amendment. We appreciate your effort to see if we can find areas of common ground that can heal any perceived divisions in our community over the issue of ethics reform. It is in this spirit that we offer the Ethics Naples board's views on these matters. To begin, we hope the City Council will stand by its motion, passed unanimously on October 17, to not appeal this case and accept Judge Hayes' order to hold an election on March 26, Next, the Ethics Naples board wants to emphasize our willingness to work with the City Council to address any concerns that may arise about the substantive and procedural mles that may be promulgated by the new Ethics Commission. If the proposed ethics amendment becomes law, the Ethics Naples board pledges to work with the City Council, the City Manager, the City Attorney, the new Ethics Commission, and all other interested parties to make the new Ethics Code the best that it can be. As to the two primary issues you raised in our meeting, our Board has discussed them, and we will address each in turn. Additionally, in responding to your suggestions, we are mindful that we are duty-bound to honor and respect the nearly 1,500 Naples voters who signed referendum petitions supporting our effort. First, you expressed a belief that the appointments to the Ethics Commission should be the sole responsibility of the City Council rather than the independent officers listed in the ethics amendment. In response, we would simply say that our proposed method is virtually identical to that used throughout the state without issue, in places like Tallahassee, Jacksonville, and Miami. Further, we believe that our proposed independent selection method provides the best protection from undue political influence, which is central to the purpose of the Ethics Commission. Second, you asked that we consider City Manager Moss's suggested "Conceptual Framework." We believe this proposal offers some good ideas that should be discussed in drafting the Ethics Code if the amendment passes. For example, we agree that the city manager should be promptly notified if ethics violations against city employees are alleged. Nevertheless, we believe that many of the proposals place severe limitations on the power of the Ethics Commission to investigate ethical violations and enforce the Ethics Code. Because these proposals would thwart the intent of the proposed ethics amendment, we respectfully disagree with them. In sum, we believe the investigation and disposition of ethics complaints should be carried out locally by an independent office, and not controlled and directed by City 28

29 Council, or referred to the Florida Commission on Ethics hundreds of miles away in Tallahassee. In conclusion, we again thank you for reaching out to us to discuss the Council's concerns. While we may not agree on all issues, we hope the City Council will respect the stated desire of the nearly 1,500 Naples residents who asked for a vote on this important matter. And, as stated above, if the Amendment is enacted, the Ethics Naples board looks forward to working with the City Council and the new Ethics Commission to create a workable code that provides reasonable, practical and fair ethics oversight and education for our City. Sincerely, v Nick Penni an President, Ethics Naples, Inc. ^- Ray Christman Executive Director, Ethics Naples, Inc. 29

30 JenniferJ, awards Supervisor of Elections RECD. CAO?18 OCI 22 October 18, 2018 Mayor Bill Bamett City of Naples 735 8th St S Naples, PL Dear Mayor Bamett, The purpose of this letter is to inform you of required timeframes should the City of Naples City Council decide to hold a special election in In order for the Supervisor of Elections Office to maintain consistent timeframes, we will need at least 100 days notice in order to conduct the election. Recent discussions have mentioned a March 26, 2019 election date. Should that be the case, then we would need official word from the City of Naples no later than December 17, ' "-"-, Should you have any questions, please feel free to contact our office. Sincerely, Jennifer J. E wards Supervisor of Elections Cc: Pat Rambosk, City Clerk tiob Pritt, City Attorney ^^ 30 Rev D' Martin!. uther King Jr Building Enterprise Avenue. Naples Fl Phoie. (239) 252-VOTL'. Fax: (239) wvav.co!lie'votes.corn. y.,. EUCTONS t^o, ^:

31 AGENDA MEMORANDUM City Attorney Special Meeting Date: November 5, 2018 To: Honorable Bill Barnett & City Council From: Acting City Attorney James D. Fox Date: October 19, 2018 BACKGROUND: Acting City Attorney James Fox is requesting an Attorney / Client Executive Session to be held at 12:30 p.m. during the Regular City Council Meeting of November 7, 2018 to discuss strategy in reference to the following pending litigation case: CITY OF NAPLES vs. ETHICS NAPLES, INC., IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 18-CA Ethics above all else... Service to others before self... Quality in all that we do.

32 Pursuant to Section (8)(a), Florida Statutes, I am informing the City Council that I desire the Council s advice and consequently am requesting that the City Council of the City of Naples, Florida, conduct an executive or closed (attorney/client) session at 12:30 p.m. during the Regular Meeting of November 7, 2018 to discuss strategy related to litigation in reference to the following pending litigation case: CITY OF NAPLES vs. ETHICS NAPLES, INC., IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO. 18-CA The following persons will be present for the executive session: Mayor Bill Barnett; Vice Mayor Gary Price; Council Members, Reg Buxton, Terry Hutchison, Michelle McLeod, Linda Penniman, and Ellen Seigel; City Manager A. William Moss; Acting City Attorney / Litigation Attorney Jim Fox of Roetzel & Andress and Charissa Dines of Dines Court Reporting or other certified court reporter. Estimated duration of the attorney/client session is 20 minutes. 32