Naples plans vote on Ethics Naples referendum for August primary

The Naples City Council has called for the referendum that would create a city ethics commission to be placed on the ballot in August.  

The proposed referendum is expected to be placed on the Aug. 18 primary election ballot. Final ballot language must be submitted to the Collier County Supervisor of Elections in June.

The referendum, proposed by Ethics Naples, would amend the city’s charter to create a five-member commission. It would advise the Naples City Council on ethical issues and “draft an amended ethics code,” according to the charter amendment petition. 

“Ethics Naples is delighted that Mayor Heitmann and City Council unanimously voted to place the ethics referendum petition on the August 2020 ballot," John Lehmann, vice president of Ethics Naples, said in an email to the Daily News.

The city council's decision Wednesday comes a month after a city election that swept the incumbent mayor and three city councilors, some of whom resisted the referendum, out of office. 

"Last month the voters made it clear what kind of government they wanted for Naples, and now they will get their chance to decide what kind of ethics they want," Lehmann wrote. "We look forward to campaigning on the merits of the petition.”

The city has an existing ethics code in the city’s code of ordinances.

More:Ethics Naples referendum could land on August primary ballot

And:Appeals court orders referendum on Naples ethics commission proposal

The proposed referendum has been the subject of a court case between the city and Ethics Naples, the group that gathered enough petitions in 2018 to put the referendum on the ballot. 

In 2018, the Naples City Council voted to ask a circuit court judge to determine the legality of the proposed referendum. The judge ruled in Ethics Naples’ favor and the city appealed the decision. 

In February, the 2nd District Court of Appeal ruled in favor of Ethics Naples. The appeals court affirmed the 2018 ruling of the Collier County circuit court, which then ordered the amendment be placed on the ballot.

The city previously argued the proposed ethics commission would be unconstitutional because it creates an “unelected legislative body,” according to the appeals court decision. 

The ethics commission that would be created under the referendum would be made up of volunteer members appointed by organizations such as the offices of the state attorney and the public defender for the 20th Judicial Circuit, according to the charter amendment language. 

Florida statutes say a charter amendment, such as the Ethics Naples proposal, must be placed on the ballot of a general election or a special election, which the city council declared Wednesday for the Aug. 18 primary. 

The Collier County Supervisor of Elections has a policy to not place a referendum on general election ballots.

Brittany Carloni is the city of Naples reporter at the Naples Daily News. Support her work by subscribing to our local news organization. Find her on Twitter as @CarloniBrittany.