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Resolution No. 11-17 v RESOLUTION NO. 11 -17 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPORTING THE CONTINUED HOME RULE AUTHORITY OF ATLANTIC BEACH, SUPPORTING A CLARIFICATION TO BILL J -6 AUTHORIZING THE ESTABLISHMENT OF AN ETHICS CODE AND ETHICS COMMISSION BY THE CITY OF JACKSONVILLE, SPECIFYING THAT ATLANTIC BEACH WILL NOT BE UNDER THE CONTROL OF JACKSONVILLE'S ETHICS CODE AND COMMISSION BUT SHALL BE GOVERNED BY ITS OWN CODE OF ETHICS POLICY AND THECODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES AS SET FORTH IN CHAPTER 112, FLORIDA STATUTES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a charter amendment (bill J -6) relating to the Charter of the City of Jacksonville authorizing the establishment of an ethics code and ethics commission and authorizing the Jacksonville City Council to enact legislation which would have jurisdiction over City of Jacksonville departments, its constitutional officers and independent agencies and the school district has been proposed for adoption by the Florida Legislature, and WHEREAS, since this legislation was never intended to be applicable to the cities of Atlantic Beach, Neptune Beach, Jacksonville Beach or the Town of Baldwin according to the Jacksonville ethics officer, and it was later confirmed in writing by the Jacksonville General Counsel that this legislation would not apply to Atlantic Beach, the proposed bill has been amended to include clarifying language to diminish opportunities for misinterpretation in the future as to its applicability to Atlantic Beach and the other cities, and WHEREAS, all municipal officials in Florida, whether they be elected or appointed, are bound by Chapter 112, Florida Statutes, Part III of which is titled Code of Ethics for Public Officers and Employees, and the stated legislative intent of that Code is to serve not only as a guide for official conduct of public servants, but also as a basis for discipline of those who violate its provisions, and WHEREAS, the Florida Commission on Ethics has been established to investigate complaints against public officers and employees under the Florida Status and consists of a nine (9) member board with an executive director, a full investigative staff and attorneys who act as advocates to present cases to the Commission, and this Commission has adequate capacity to investigate any and all complaints against municipal officials in Florida, and WHEREAS, the home rule powers of the City of Atlantic Beach, established by Art.VIII of the State Constitution and Chapter 166 of the Florida Statutes gives the citizens of Atlantic Beach, through their own elected City Commission, the power to conduct municipal government, perform municipal functions and render municipal services and to exercise any power for municipal purposes which power shall be limited only by the United States Constitution, State Constitution, general and special law, and any specific limitation in the Atlantic Beach Charter, and WHEREAS, the authority of Atlantic Beach to remain an independent municipality which is separate and distinct from the consolidated Duval County/ City of Jacksonville government has been retained through several lawsuits and interlocal agreements with the City of Jacksonville over several decades, and WHEREAS, it is not desirable, beneficial or appropriate to allow the control of any municipal functions in Atlantic Beach to be usurped by the City of Jacksonville and any transfer of authority by the State Legislature for Jacksonville to do so should be guarded against at all times. NOW THEREFORE, BE IT RESOLVED: SECTION 1. The Atlantic Beach City Commission supports and affirms its home rule powers as established by the Florida Constitution and Florida Statutes. SECTION 2. The Atlantic Beach City Commission confirms its willingness and ability to handle municipal functions in the future without being under the control of the City Council of the City of Jacksonville. SECTION 3. The elected and appointed officials and employees of the City of Atlantic Beach should proudly adhere to all rules and standards for ethical behavior as outlined in Florida Statutes. SECTION 4. The Atlantic Beach City Commission supports language in proposed bill J -6 clarifying that Atlantic Beach is not covered by this charter amendment for City of Jacksonville. SECTION 5. This resolution shall become effective immediately upon it final passage and adoption by the City Commission. PASSED AND ADOPTED by the City Commission of the City of Atlantic Beach this 2 day of February, 2011. ATTE ST: g01/4/.(e, (\r/SAtee- Aey, /6„.„, Donna Bartle, City Clerk Mike Borno Mayor, Presiding Officer A .r• d. to form and correctness: 1111 11t4, / • 1 . JENSEN, ESQUIRE • • • orney