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Would you be swayed by $99?
By JEFFREY S. SOLOCHEK, Times Staff Writer BROOKSVILLE -- The county's administration has changed hands, and many of the problems associated with the past leadership have subsided. Now, officials want to eliminate policy loopholes that made the acceptance of sporting event tickets and the issuance of multiple, related contracts to the same vendor allowable, though dubious. At county commissioners' instruction, Assistant County Attorney Kurt Hitzemann has prepared a new rule to govern employee gift taking. Purchasing Director Jim Gantt also has drafted amendments to the county purchasing code. These items should appear on commission agendas during July. Other regulations that proved troublesome in recent months, including those controlling employee Internet usage and defining hostile work environment, are under review for improvements. "I don't want policies that are vague," Chairwoman Nancy Robinson said. "You set up people for failure if the policies are not clear." Hitzemann drafted the gift policy based on direction from a commission workshop, where board members said they wanted as close to a "take nothing" rule as possible, while still letting employees accept coffee served at job-related functions. "What this says is, we don't want you taking something when you know it's intended to influence you. We don't want you taking anything from someone who does business with the county," Hitzemann said. "But it allows you to go to meetings and have lunch without worrying that you're accepting a gift." The rule also would consider any gift worth $100 or more, given to a county employee as an "expression of appreciation to Hernando County," as public property. Employees would be able to take gifts valued less than $100, so long as they were not meant to influence the employee and did not come from anyone having official business with Hernando County. The policy further would allow employees to accept admission to civic organization fundraising events or "social courtesies" at receptions held by private entities at meetings of government officials. "The employee has to make the initial determination whether to take it," Hitzemann said. "But that's the employee's call at their own risk. ... If it turns out the employer thinks it was clearly designed to influence you and can make the case, you will get disciplined." Commissioners said they liked the policy's general direction. "I think we've identified the fact that we're not taking from anyone who has any influence or any official relationship," Commissioner Betty Whitehouse said. "I think that's really important." But she worried that the section letting workers take tickets to civic events was too permissive and said she would question it. Commissioner Diane Rowden planned to challenge the definition of $100 gifts as "minimal" for reporting purposes. "What I was looking for was something that had just basically absolutely no gifts except the exception if you go to seminars where they have food," Rowden said. "I think $100 is too high for a minimal value. It still leaves too many reasons why people should feel like they wouldn't trust us. For example, wasn't (Paul) McIntosh's golf thing supposed to be $100?" Commissioners forced McIntosh from the county administrator's post in March amid reports that he had accepted several gifts, including golf outings. He did not violate county or state rules, but the perception was negative. McIntosh's contracting with utilities consultant Hartman and Associates generated the proposed purchasing rule changes. He issued the company five contracts, all worth $25,000 or less and all arguably related, to avoid competitive bidding requirements. McIntosh said he could authorize spending up to $25,000, without commission approval. A state attorney's inquiry found no wrongdoing, but commissioners again felt that the lasting impression was one of improper government action. Now come the changes that would have commissioners set by resolution the purchasing limits for the county administrator and county attorney, and establish an Office of Chief Procurement Officer, who makes more frequent reports directly to the commission. Gantt was reprimanded by McIntosh last year for going to commissioners with information about possible purchasing violations. When Gantt challenged McIntosh's contracts with Hartman, some commissioners intervened to assure Gantt he would not be fired. The proposed policy would protect the procurement officer by requiring a showing of just cause plus a majority commission vote for removal from office. "All we're doing here is answering some of the situations that came up with the controversy over procurement with Mr. McIntosh, to correct any deficiencies we had," Gantt said. Rowden welcomed the changes, saying no employee should be in jeopardy as Gantt was for doing his job. "I think it's good to have some clear-cut policies and regulations for that," she said. Robinson agreed that the purchasing policy should be tight, to enhance accountability and responsibility for the public's money. Clear lines of authority and clear rules, she said, should help ensure no similar purchasing problems in the future. -- Jeffrey S. Solochek covers Hernando County government and can be reached at 754-6115. Send e-mail to solochek@sptimes.com.
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