Commentary: Unjust criticism of Naples officials mayor, attorney, council by NDN

In my combined years as a Naples City Council member and as mayor, I have always stepped up to the plate when the Naples Daily News, for whatever reason, criticized me.

If it was justified I would admit it and if it wasn’t I would vigorously defend myself. In the following case, I am going to vigorously defend myself.

In a “kick” in the Saturday, July 28, edition, the Daily News editorial board criticized the Naples city attorney, council and mayor for allowing the executive director of Ethics Naples Inc. to speak at a public meeting when his speaking may be in violation of Naples’ ethics ordinance. The editorial board then went on to mention the Florida law granting citizens the right to speak at public meetings.

Well, the editorial board got it half right. It wasn’t a question of the executive director of Ethics Naples having a right to speak at the public meeting in question. He has the “right” to speak at the meeting and represent any organization he chooses. However, as a public officer serving on a city advisory board, one has the “responsibility” to conduct himself ethically and comply with the ethics ordinance.

The Naples ethics ordinance is intended to prevent conflicts of interest and perceptions of conflicts and it is the responsibility of those to whom it applies to comply with the law. If the executive director of Ethics Naples failed to exercise his ethical duty, how is that the fault of city officials?

While it wouldn’t have been appropriate to stop him from exercising his right to speak at the public meeting, it is absolutely appropriate to determine if his conduct warrants removal from the advisory board, or other sanction, for violating the code of ethics.

No person has a “right” to serve as an appointed public officer on a board advising City Council.

The city attorney officially notified City Council of the potential ethics violation by detailing the facts in a memorandum (public record). The council discussed the matter at a public meeting and directed the mayor to send a letter to the accused asking for his response. The matter will be considered by council at the regular public meeting on Sept. 5, 2018.

The provision in question has been in the Naples ethics code since 1998 and the city attorney informed the executive director in question of it in December 2017. This was prior to his appointment to a city advisory board. The city attorney wrote to him: “This is not to say that you cannot serve on the board, but only to indicate that you may be giving up your ability to then appear in front of council while on the board.” There were at least two board members from the organization he represented that spoke at the same meeting.

The executive director could have avoided this accusation by choosing not to speak. An intentional violation of the ethics code is a breach of the public trust and a very serious matter.

Our system of representative government depends, in part, on the people maintaining the highest trust in their officials and employees, including advisory board members appointed as public officers, and the elected City Council members who oversee them. The confidence and trust of the people are eroded when the conduct of city business is subject to impropriety, or even the appearance of impropriety.

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