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:
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Donna Bartle, City Clerk Mike Borno
Mayor, Presiding Officer
A .r• d. to form and correctness:
1111 11t4, /
• 1 . JENSEN, ESQUIRE
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