Publisher’s Note: This story has been corrected from its original version to reflect that the Miami-Dade County’s Code of Ethics allows for self-initiated complaints.
The Naples Government Ethics and Integrity Commission may conduct its own investigations based on information it receives through informal complaints, the commission agreed unanimously last month.
The new rules allow the commission to investigate if it receives allegations of ethical misconduct from city employees, officials, board members and contractors through false statements such as anonymous sources, emails and phone calls.
According to the city’s statute, the commission can “investigate complaints on its own initiative”.
More:Naples ethics complaint against Mayor Teresa Heitmann dismissed
And:Former Naples Mayor Bill Barnett files an ethics complaint against Mayor Teresa Heitmann
From April:The Naples Ethics Committee appoints the Miami-Dade attorney as its first executive director
Mike Murawski, the commission’s executive director, said at a meeting last month that he proposed the rules so that the commission could have a way to deal with complaints that are not submitted through a formal process that includes an affidavit, written statement .
“Before that, there was a discussion about whether we would just limit ourselves to actual formal complaints filed by people who come on a form and are notarized, and then what we should do with the rest that comes in like my mailbox or my email, “Murawski said on June 25th.
Unlike in Naples, the Florida Commission on Ethics, a nine-member organization that investigates ethics complaints against officials and employees across the state, has not had the ability to investigate itself, said Chris Anderson, executive director of the commission Friday.
Anderson said his commission could only investigate if it received a complaint or referral from a prosecutor, US attorney, the governor’s office, or the Florida Department of Law Enforcement.
“We do not have the authority to initiate our own investigation,” said Anderson.
As a former attorney in the enforcement unit of the Miami-Dade County Commission on Ethics and Public Trust, Murawski said the commission allows self-initiated ethics complaints.
“I haven’t had written procedures like this in the last 20 years, but that was essentially our practice,” Murawski said.
If an informal complaint alleges a violation of the Naples Code of Ethics, the executive director and chairman of the commission will decide whether a preliminary investigation is warranted, Murawski said.
In order to initiate a preliminary investigation, the Executive Director must first verify that the source of the allegations can be verified, that the allegations can be independently substantiated with evidence, and that similar allegations have been made from other sources in accordance with the Rules.
“(Then) we would decide whether what we have is enough to pass on a complaint that we would make ourselves,” Murawski said.
Murawski did not say how many complaints the Commission handles as complaints are confidential.
“I can’t comment on that,” Murawski said earlier this month.
All investigation records are confidential, either until the investigation is completed or the ethics committee decides whether or not there is a probable reason as regulated.
Commission adopts rules for formal complaint complaint
On June 30, the Commission unanimously voted for the adoption of rules for formal complaints, filed in a prescribed format, signed under oath and based “essentially” on the complainants’ personal knowledge.
“This would allow the Commission to have a formal procedure for receiving complaints,” Murawski wrote in an email last month.
Commission lawyer Peter Dunbar said last month that formal complaints should essentially be based on first-hand knowledge to prevent misuse of city funds to investigate rumors.
At the same meeting, the commission decided unanimously to dismiss a complaint filed in June by former Mayor Bill Barnett against Mayor Teresa Heitmann because Barnett had no personal knowledge of the allegations made against Heitmann.
In the complaint, Barnett wrote that Heitmann may have broken the public’s trust by allegedly accusing him of running a child prostitution ring and hacking their electronic devices.
Heitmann rejects the allegations, which stem from a complaint from Brian Dye, the city’s director of technology services.
As a past chairman and two-time member of the state’s ethics committee, Dunbar said that rumored complaints tend to increase during election years.
“You would be surprised (to know) how much complaint filings increase during an election year just because they sometimes become a tool for campaigning,” said Dunbar.
Within five working days of receiving a formal complaint, staff will send the complainant written confirmation of the complaint with the assigned number. The Commission forwards a copy of the complaint to the defendant within 30 days.
If the complaint is lodged by the Executive Director of the Commission, the Commission will forward a copy of the complaint to the defendant within five days of the filing of the complaint.
The Commission’s lawyer then examines the complaint to see if the complaint alleges a breach of the Code of Ethics. If so, the complaint would be found “legally sufficient”.
If the lawyer considers a complaint to be legally insufficient, the committee is advised to dismiss the complaint and the committee will take a decision during a closed session.
In any case where a complaint is found to be legally inadequate and dismissed, the notice of termination will be made public along with all documents related to the complaint.
If the attorney finds a complaint legally sufficient, the manager assigns the case to an “attorney” who will investigate and determine the likely cause.
Once the case is assigned, the investigator will interview witnesses, review documents, and present a report to the attorney or manager about the likely cause. They examine the report and make a written recommendation to the commission.
Defendants have at least 10 days from the date the lawyer’s recommendation was sent to them to submit a written response to the commission, which may include dismissal or strike motions.
The commission will then hold a closed hearing to determine, after hearing the oral arguments of the lawyer and the defendant, whether there is a likely cause. The complainant is allowed to attend the probable cause hearing, but is not allowed to speak.
If the Commission cannot find a probable reason, the Commission may order a public report on its investigation. If she finds a probable cause, she can order a public hearing and determine what charges will be brought.
At the public hearing, the attorney and the defendant present their evidence and provide comments on the allegations. Once this is the case, the Commission can take a final decision and impose sanctions.
Penalties may include a fine of up to $ 500 per violation, an order to repay public funds, and a recommendation to remove you from office or position. For civil servants, the city manager can impose additional penalties, such as: B. dismissal.
To increase the likelihood that respondents will pay their fines or refunds, the city can accept a payment plan, go to court, or seize city employees’ wages.
At any stage of the procedure, the Commission may conclude a settlement agreement, or accept one proposed by the lawyer or the Executive Director, if it deems it fair and in the best interests of the Naples residents.
Commissioner John Lehmann said hiring new staff such as lawyers and investigators was “too much administration” for Naples. He said Murawski, the executive director of the commission, should take responsibility for lawyers and investigators “until it is clear that we need separate people”.
“I think that is a lot more staff, personnel and effort than we need here,” said Lehmann in a meeting on June 25th.
Formal complaints can be submitted by email to Naples_ethics@naplesgov.com or by mail or in person to Commission on Ethics and Governmental Integrity, 295 Riverside Circle, 2nd Floor, Naples, Florida, 34102.
Code of Ethics awaiting City Council approval
At the June 30 meeting, the Commission also unanimously adopted amendments to its Code of Ethics highlighting the Commission’s responsibilities, such as establishing ethics training and providing ethical guidance upon request from city staff, board members, civil servants and lobbyists.
The Code also prohibits various types of conflicts of interest and regulates how ex parte communications must be disclosed.
“What you are really looking for is fulfilling the mission of the (city) charter change (which) is to ensure ethical behavior and quality public service,” said Dunbar, the commission’s attorney, last month.
Unlike some local codes of ethics, the code of ethics requires city council approval, Dunbar said.
He said the commission will be fully operational once the city council approves the code in first and second readings, which are tentatively slated for August 18 and September 1, respectively.
On May 5, the city council rejected an earlier version of the code.
“We will not have all the procedures necessary to carry out the full tasks of the Commission until the second reading takes place,” said Dunbar.
As the commission receives inquiries and complaints, it will decide on a case-by-case basis what it can and cannot do until the city council approves the code on second reading, Dunbar said earlier this month.
Dunbar said he believes the commission currently has the power to take certain actions, such as investigations it has launched itself.
“We will not sit back and do nothing until September 1st. We will conduct an active and ongoing analysis of how much jurisdiction we have based on the procedures we have adopted,” said Dunbar.
Contact Omar at omar.rodriguezortiz@naplesnews.com and follow him on Twitter as @Omar_fromPR. Support his work by subscribing to the Naples Daily News.
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