1
Introduced by Council Member Johnson:
2
3
4
ORDINANCE 2010-616
5
AN ORDINANCE RELATING TO THE CHARTER OF THE
6
CITY
7
CHAPTER 67-1320, AND RECODIFIED IN CHAPTER 92-
8
341, LAWS OF FLORIDA, AS AMENDED; RELATING TO
9
ETHICS,
OF
JACKSONVILLE,
THE
CITY
OF
AS
ESTABLISHED
JACKSONVILLE’S
IN
ETHICS
10
CODE, AND THE CITY OF JACKSONVILLE’S ETHICS
11
COMMISSION;
12
CHAPTER
13
POLICY, TO AUTHORIZE THE ESTABLISHMENT OF AN
14
ETHICS CODE AND AN ETHICS COMMISSION, AND TO
15
PROVIDE
16
OFFICERS SHALL BE SUBJECT TO THE ETHICS CODE;
17
REPEALING
18
PROVIDING AN EFFECTIVE DATE.
AMENDING
2
(ETHICS)
THAT
ARTICLE
TO
THE
SECTION
1
TO
ESTABLISH
CITY’S
18.10
OF
ADD
AN
A
ETHICS
CONSTITUTIONAL
THE
CHARTER;
19
20
WHEREAS,
Section
3.01(e)
of
the
Charter
of
the
City
of
21
Jacksonville provides that the Council may repeal or amend most
22
provisions
23
charter, with limited exceptions, by ordinance, to the same extent
24
as could be done by the Legislature; and
of
the
charter,
and
adopt
other
provisions
of
the
25
WHEREAS, the Council deems it to be in the public interest to
26
devote a chapter of the Charter to the promotion of an ethical
27
government; now therefore
28
BE IT ORDAINED by the Council of the City of Jacksonville:
29
Section 1.
Article 1, Charter, Amended.
Part A, Article
30
1, of the Charter of the City of Jacksonville, as established in
31
Chapter 67-1320, and recodified in Capter 92-341, Laws of Florida,
1
as amended, is amended to divide Article 1 into chapters, to title
2
Chapter 1, and to create a new Chapter 2 (Ethics), all to read as
3
follows:
4
CHARTER LAWS
5
CHARTER OF THE CITY OF JACKSONVILLE
6
ARTICLE 1.
7
GOVERNMENT AND ETHICS
CHAPTER 1.
8
Section 1.01.
9
(a)
CONSOLIDATED GOVERNMENT
Consolidated government.
The
county
of
the
government
City
Duval
Improvement
12
District, the northeast Duval County Mosquito Control District, and
13
all boards, bodies, and officers thereof were and are consolidated
14
into a single body politic and corporate pursuant to the power
15
granted by former s. 9 of Article VIII of the Constitution of 1885,
16
as amended, of the State of Florida, which section was continued by
17
and remains in full force and effect under s. of Article VIII of
18
the
19
consolidated
20
"city" or "consolidated government"). The consolidated government
21
succeeds to and possesses all the properties (of whatever nature),
22
rights,
23
liabilities, obligations, and duties of the former governments and
24
former
25
subsection,
26
properties,
27
immunities, liabilities, obligations, and duties of the Cities of
28
Jacksonville Beach, Atlantic Beach, and Neptune Beach and the Town
29
of
30
existence and shall have only such officers, departments, and other
31
agencies as are provided in this charter or as may be established
Constitution
of
government
capacities,
special
Baldwin.
the
is
without
rights,
The
County
of
Florida.
City
of
Jacksonville
powers,
named
in
including
or
capacities,
consolidated
the
government
of
(herein
the
called
immunities,
sentence
affecting
Air
Control
name
franchises,
privileges,
2
The
first
County
Mosquito
State
privileges,
districts
Duval
Duval
municipal
11
east
the
the
government
the
Jacksonville,
County,
10
Authority,
of
of
of
this
the
existence,
powers,
franchises,
shall
have
perpetual
1
by the council.
2
(b)
The
consolidated
shall
4
territorially
throughout
5
jurisdiction as a municipality throughout Duval County except in
6
the Cities of Jacksonville Beach, Atlantic Beach, and Neptune Beach
7
and the Town of Baldwin.
8
Section 1.02.
9
Neptune Beach and Town of Baldwin.
The
County,
government
and
has
and
have
as
Duval
county
and
jurisdiction
(a)
chartered
has
3
10
a
government
and
extend
shall
have
Cities of Jacksonville Beach, Atlantic Beach, and
territories
of
the
Cities
of
Jacksonville
Beach,
11
Atlantic Beach, and Neptune Beach and the Town of Baldwin were and
12
are
13
government. The Cities of Jacksonville Beach, Atlantic Beach, and
14
Neptune Beach and the Town of Baldwin shall each continue to exist
15
and have and retain the same local governmental structure, boards,
16
bodies, officers, laws, municipal charters, and special acts which
17
existed in those areas on September 30, 1968, unless changed in
18
accordance with law. The persons who were officers and members of
19
boards and bodies of the Cities of Jacksonville Beach, Atlantic
20
Beach, and Neptune Beach and the Town of Baldwin on September 30,
21
1968, continued after that date to occupy the same position and
22
were entitled to the same compensation therefor, unless changed in
23
accordance with law. All such boards, bodies, and officers continue
24
since October 1, 1968, to be elected at the times, in the manner,
25
and
26
municipal charters and continue to have the same powers and duties
27
which they had under those charters, unless changed in accordance
28
with law. All municipal charters and special and general laws which
29
applied to the Cities of Jacksonville Beach, Atlantic Beach, and
30
Neptune
31
continue to apply to the respective governments, boards, bodies,
3
also
for
consolidated
the
Beach
terms
and
into
which
the
the
were
Town
of
territory
provided
Baldwin
of
under
on
the
consolidated
their
September
respective
30,
1968,
1
and officers unless changed in accordance with law. These Cities of
2
Jacksonville Beach, Atlantic Beach, and Neptune Beach and the Town
3
of Baldwin each continue to be entitled to own, acquire, encumber,
4
and
5
action
6
Jacksonville Beach, Atlantic Beach, and Neptune Beach and the Town
7
of Baldwin are continued as municipalities having all governmental,
8
corporate,
9
municipal
transfer
of
property
its
and
in
boards,
its
bodies,
proprietary
government,
own
name,
and
powers
perform
by
the duly
officers.
to
enable
municipal
The
them
functions,
authorized
Cities
to
and
of
conduct
render
10
municipal services, and shall be treated, considered, and dealt
11
with as municipalities under the Constitution and laws of the State
12
of Florida and shall be entitled to exercise the same functions,
13
powers, and duties granted to municipalities under the general laws
14
and Constitution of the State of Florida.
15
(b)
The Cities of Jacksonville Beach, Atlantic Beach, and
16
Neptune Beach and the Town of Baldwin shall not be subject to the
17
provisions of section 5.11, article 14, article 16, article 17, or
18
article 19. The council may provide for management or fiscal audits
19
by the council auditor of the second, third, fourth, and fifth
20
urban services districts or their boards, bodies, or officers.
21
22
23
CHAPTER 2.
Section 2.01.
ETHICS
Declaration of Ethics Policy
The proper operation of democratic government requires that
24
public
officials
and
employees
be
independent,
impartial,
and
25
responsible to the people; that government decisions and policy be
26
made in the best interests of the people, the community and the
27
government; that public office not be used for personal gain, and
28
that the public have confidence in the integrity of its government.
29
Section 2.02.
Ethics Code, Ethics Commission.
30
The City of Jacksonville, acting in its capacity as a county,
31
shall enact an ethics code with jurisdiction over the officers and
4
1
employees
2
Jacksonville, its constitutional officers, and independent agencies
3
and districts, whether elected or appointed, paid or unpaid, and to
4
the officers and employees of the school district.
5
shall not duplicate, and may, as allowed by law, supplement state
6
ethics laws.
7
ethics
8
ethics hotline and the training and education of local officers and
9
employees in state and local ethics; refer matters to appropriate
10
enforcement agencies; and whose enforcement power is limited to the
11
ethics code authorized by this section and enacted by city council.
12
Appropriate support shall be provided to the commission to carry
13
out its duties and responsibilities. The ethics code and ethics
14
commission in place at the time of enactment of this section shall
15
continue until amended or altered by the Council.
16
Section 2.03.
17
of
the
consolidated
government
of
the
City
of
The ethics code
The ethics code shall provide for an independent
commission
which
shall
assist
or
coordinate
a
citywide
Ethics Education and Application of Ethics Laws.
Within 90 days after taking office, every elected official
18
within
19
training as may be required by the ethics code. This requirement
20
shall
21
government,
22
Council
23
Sheriff, the Supervisor of Elections, the Property Appraiser, the
24
Tax
25
Additionally, all such elected officials shall be included in the
26
definition
27
definition referring to officers as any person elected to any City
28
office and all such elected officials shall comply with all laws
29
applicable to officers in the city’s ethics code.
30
31
the
apply
consolidated
to
all
elected
including,
Members,
Collector,
of
Section 2.
all
and
the
government
officials
without
Duval
the
Section
complete
within
limitation,
County
Clerk
term
shall
of
the
"officer"
18.10,
School
the
and
regarding
any
ethics
consolidated
Mayor,
Board
Circuit
Charter,
the
such
all
Members,
County
ethics
Repealed.
City
the
Court.
code
Having
enacted a new Chapter 2 to Article 1, which includes the provisions
5
1
of Section 18.10 (Ethics education and application of ethics laws),
2
Section
3
established in Chapter 67-1320, and recodified in Chapter 92-341,
4
Laws of Florida, as amended, is hereby repealed.
5
18.10
of
Section 3.
6
signature
by
the
7
Mayor’s signature.
the
Charter
This
Mayor
of
the
ordinance
or
upon
City
shall
becoming
8
9
Form Approved:
10
11
/s/
Steven E. Rohan
12
Office of General Counsel
13
Legislation Prepared By: Steven E. Rohan
14
G:\SHARED\LEGIS.CC\2010\ord\Johnson Ethics Charter Amendment.doc
6
of
become
Jacksonville,
effective
effective
without
as
upon
the