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One of the areas of concern that was discussed with the Commissioner was how to treat <br />invitations to open house type receptions given by persons or firms who do business with the <br />County. Receptions of this nature typically occur during the holiday season or on the <br />anniversary of a firm or grand opening. Under the current ethics code, attendance is not <br />prohibited but the cost of the food or drink consumed is regulated to $6.00 for luncheons and <br />$12.00 for dinners. This causes several concerns 1) how do you ascertain the cost of food and <br />drink, 2) which figure do you apply to an early evening reception is it lunch or dinner and 3) in a <br />City of this size many relationships are built on years of friendship and the invitation may be <br />based on that friendship rather than the person's official position. <br />A solution to this problem could be to allow attendance at group functions of this nature without <br />regard to the cost of food and drink consumed by the attendee. The only requirement would be <br />that the attendee file a statement with the Clerk within 5 days after attending a reception as <br />follows: <br />On December 15, 1996 1 attended a reception given by XYZ firm commemorating <br />their 10th Anniversary. <br />Signature <br />Date <br />This disclosure statement would make public the person's attendance and should remove any <br />question of appearance that may be generated by attendance. <br />The County Code of Ethics embodied in Section 104.06 Indian River County Code has for its <br />purpose establishing a level of conduct over and above that required by the Florida Legislature <br />in Chapter 112, Florida Statutes. It, like most laws, cannot explicitly cover every situation that <br />may arise which could give rise to an ethics question. Therefore, an appeal procedure could be <br />established whereby the opinion of the County Attorney may be reviewed to determine if a <br />County employee's or County Commissioner's participation in a particular activity is allowed by <br />of the code. <br />This review process would function along the following lines. <br />1. Any County employee, Commissioner or member of a County Board or Commission may <br />request an interpretive ruling on a particular set of facts from the County Attorney's Office as to <br />whether participation in a described activity would violate the code of ethics. Said request would <br />be in writing. <br />2. If the opinion is that there is no violation that ends the matter. <br />3. If the opinion Is that there is a violation that opinion may be appealed as follows: <br />a. In the case of a county employee under the jurisdiction of the County Administrator, said <br />employee may appeal to the County Administrator. The County Administrator could overrule, <br />sustain or refer the matter to the Chairman. This same procedure could apply to employees of <br />the executive aide to the Commission and the County Attorney who would hear the appeal of <br />employees under their jurisdiction. <br />b. In the case of a member of a County Board or Commission, said member could appeal to <br />the Chairman. <br />C. In the case of a Commissioner, the appeal would be to the Board County of <br />Commissioners. <br />d. When an appeal is to the Chairman, the Chairman may overrule, sustain or refer the <br />opinion to the Commission for its decision. <br />Commissioner Adams advised that she had duplicated and <br />circulated copies of her memorandum of December 9, 1996 and <br />Assistant County Attorney Terry O'Brien's memorandum of November <br />14, 1996 and a copy of the new State Statute (Chapter 96-328, <br />Senate Bill No. 2206) on ethics in government. She believed the <br />64 <br />BOOK JU PAGE 340 <br />January 21, 1997 <br />