1
Rules Committee, upon recommendation of the Special Committee on
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Charter Revisions, offers its first substitute to file number 2010-
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616:
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5
Introduced
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Committee:
by
Council
Member
Johnson
and
amended
by
the
Rules
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8
9
ORDINANCE 2010-616
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AN ORDINANCE RELATING TO THE CHARTER OF THE
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CITY
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CHAPTER 67-1320, AND RECODIFIED IN CHAPTER 92-
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341, LAWS OF FLORIDA, AS AMENDED; RELATING TO
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ETHICS,
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CODE, AND THE CITY OF JACKSONVILLE’S ETHICS
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COMMISSION;
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CHAPTER
18
POLICY, TO AUTHORIZE THE ESTABLISHMENT OF AN
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ETHICS CODE AND AN ETHICS COMMISSION, AND TO
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PROVIDE
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OFFICERS SHALL BE SUBJECT TO THE ETHICS CODE;
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REPEALING
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PROVIDING AN EFFECTIVE DATE.
OF
JACKSONVILLE,
THE
CITY
OF
(ETHICS)
THAT
ARTICLE
TO
THE
SECTION
ESTABLISHED
JACKSONVILLE’S
AMENDING
2
AS
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CITY’S
18.10
OF
ETHICS
TO
ESTABLISH
IN
ADD
AN
A
ETHICS
CONSTITUTIONAL
THE
CHARTER;
24
25
WHEREAS,
Section
3.01(e)
of
the
Charter
of
the
City
of
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Jacksonville provides that the Council may repeal or amend most
27
provisions
28
charter, with limited exceptions, by ordinance, to the same extent
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as could be done by the Legislature; and
of
the
charter,
and
adopt
other
provisions
of
the
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WHEREAS, the Council deems it to be in the public interest to
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devote a chapter of the Charter to the promotion of an ethical
1
government; now therefore
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BE IT ORDAINED by the Council of the City of Jacksonville:
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Section 1.
Article 1, Charter, Amended.
Part A, Article
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1, of the Charter of the City of Jacksonville, as established in
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Chapter 67-1320, and recodified in Capter 92-341, Laws of Florida,
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as amended, is amended to divide Article 1 into chapters, to title
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Chapter 1, and to create a new Chapter 2 (Ethics), all to read as
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follows:
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CHARTER LAWS
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CHARTER OF THE CITY OF JACKSONVILLE
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ARTICLE 1.
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CHAPTER 1.
Section 1.101.
GOVERNMENT AND ETHICS
CONSOLIDATED GOVERNMENT
Consolidated government.
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*
*
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Section 1.102.
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Neptune Beach and Town of Baldwin.
Cities of Jacksonville Beach, Atlantic Beach, and
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*
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19
20
*
*
*
CHAPTER 2.
Section 1.201.
ETHICS
Declaration of Ethics Policy
The proper operation of responsible government requires that
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public
officials
and
employees
be
independent,
impartial,
and
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responsible to the people; that government decisions and policy be
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made in the best interests of the people, the community and the
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government; that public office not be used for personal gain, and
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that the public have confidence in the integrity of its government.
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Section 1.202.
Ethics Code, Ethics Commission.
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The City of Jacksonville, acting in its capacity as a county,
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shall enact an ethics code with jurisdiction over the officers and
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employees
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Jacksonville, its constitutional officers, and independent agencies
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and districts, whether elected or appointed, paid or unpaid, and to
of
the
consolidated
2
government
of
the
City
of
1
the officers and employees of the school district.
2
may, as allowed by law, supplement state ethics laws. The ethics
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code
4
membership
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which shall:
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shall
provide
shall
(a)
for
have
manage
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an
independent
appropriate
a
citywide
ethics
subject
ethics
The ethics code
commission,
matter
hotline
whose
expertise,
for
and
intakes
of
allegations of violations of the ethics code;
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(b)
manage and coordinate the training and education of
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local
10
officers
and
employees
in
state
and
local
ethics;
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(c)
have
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the
authority
to
refer
ethics
matters
to
appropriate enforcement agencies;
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(d)
recommend changes in legislation to City Council in
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the
15
conflicts
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education, ethics in procurement, campaign ethics,
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and lobbying;
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(e)
have
areas
of
of
ethics
laws
interests,
jurisdiction
to
hotline
levy
policies,
those
the
civil
penalties
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violations of the City’s ethics code;
(f)
by
administration,
19
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authorized
and
City
ethics
fines
Council
or
for
act as the hiring committee for the administrative
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staff of the ethics oversight and compliance office;
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and
whose
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authorized by this section and enacted by city council. A structure
25
shall
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independence and impartiality
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Section 1.203
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code shall include the establishment of an independent citywide
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ethics
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training, ethics compliance, and ethics oversight issues and to
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staff the ethics commission. The ethics code, ethics commission,
be
enforcement
established
power
for
is
the
limited
ethics
to
the
commission
ethics
that
code
ensures
Ethics oversight and compliance office. The ethics
oversight
and
compliance
3
office
to
coordinate
ethics
1
and ethics oversight and compliance office in place at the time of
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enactment of this section shall continue until amended or altered
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by the Council.
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Section 1.204
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determined
by
City
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commission
and
to
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office to carry out its duties and responsibilities. This support
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shall include a mechanism to obtain documents and testimony in
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connection with violations of the City’s ethics code.
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Administrative Support.
Section 1.205.
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Council,
the
shall
citywide
Appropriate support, as
be
ethics
provided
to
the
oversight
and
ethics
compliance
Ethics Education and Application of Ethics Laws.
Within 90 days after taking office, every elected official
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within
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training as may be required by the ethics code. This requirement
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shall
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government,
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Council
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Sheriff, the Supervisor of Elections, the Property Appraiser, the
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Tax
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Additionally, all such elected officials shall be included in the
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definition
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definition referring to officers as any person elected to any City
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office and all such elected officials shall comply with all laws
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applicable to officers in the city’s ethics code.
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the
consolidated
apply
to
all
elected
including,
Members,
Collector,
of
the
Section 2.
Duval
the
of
within
18.10,
such
the
the
School
the
"officer"
Section
complete
limitation,
County
Clerk
term
shall
officials
without
all
and
government
consolidated
Mayor,
Board
Circuit
Charter,
all
City
Members,
and
regarding
ethics
County
any
the
Court.
ethics
Repealed.
code
Having
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enacted a new Chapter 2 to Article 1, which includes the provisions
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of Section 18.10 (Ethics education and application of ethics laws),
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Section
28
established in Chapter 67-1320, and recodified in Chapter 92-341,
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Laws of Florida, as amended, is hereby repealed.
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18.10
of
Section 3.
signature
by
the
the
Charter
This
Mayor
of
the
ordinance
or
upon
4
City
shall
becoming
of
become
Jacksonville,
effective
effective
without
as
upon
the
1
Mayor’s signature.
2
3
Form Approved:
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5
______________________________
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Office of General Counsel
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Legislation Prepared By: Steven E. Rohan
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G:\SHARED\LEGIS.CC\2010\sub\2010-616.Ethics Charter Amendment Sub.doc
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