Appeals court orders referendum on Naples ethics commission proposal

The 2nd District Court of Appeal ruled Friday in favor of Ethics Naples in a case over whether a proposal for a city ethics commission can be placed before voters in Naples.

The 3-0 ruling by the panel of appeals court judges affirmed the opinion of a Collier circuit judge, who ruled in Ethics Naples' favor in 2018 and ordered the city to place the proposed amendment to the city’s charter on the ballot.

John Lehmann, the vice president of Ethics Naples, said in a phone interview Friday afternoon that the group is “delighted” at the appeals court's opinion.

“We’re just delighted that the court found once again that the Ethics Naples petition should be on the ballot. We felt that way all along, and the court keeps agreeing,” he said.

More on this topic:Proposal for Naples ethics panel draws enough signatures for ballot spot

And:Judge rules: Referendum on creating Naples ethics panel can go to voters

Lehmann would like to see the referendum on the ballot as soon as August, he said.

“We have to wait for the city to decide how they’re going to respond,” Lehmann said.

Naples Mayor Bill Barnett said in a phone interview Friday afternoon that the city will do what the court says. Barnett said he would not support another appeal of the court’s decision.

“We will do what they said,” Barnett said. “It’s up to the court to decide and they did. We will certainly abide by it.”

In 2018, Ethics Naples collected enough signatures to put an ethics referendum on the ballot. The referendum would amend the city’s charter and establish a five-member local ethics commission appointed by organizations such as the offices of the state attorney and public defender for the 20th Judicial Circuit.

More on this topic:Ethics Naples, City Council try to come to terms on ethics referendum

And:Naples City Council rejects ordinance that would have created ethics commission

The ethics commission would develop an ethics code and advise the city council on ethics.

The Naples City Council in 2018 voted to ask a circuit court judge to determine the legality of the proposed referendum. The circuit court ruled in Ethics Naples' favor that same year.

“The circuit court applied the correct test and appropriately declined to address the merits of the City’s arguments before the amendment had been approved by the voters,” the appeals court opinion states.