City Council accuses Ethics Naples executive director of violating city's code of ethics

Lisa Conley, Naples Daily NewsPublished 2:22 p.m. ET July 25, 2018 | Updated 7:11 p.m. ET July 25, 2018

Naples City Council has accused the executive director of Ethics Naples, a PAC aiming to improve the city's code of ethics, of violating the city's code of ethics.

Ethics Naples Executive Director Ray Christman was appointed to the city's Community Redevelopment Agency Advisory Board in December 2017 but spoke to the council on behalf of Ethics Naples in May, which council has since alleged is against the city's ethics code.

The code states that “no public officer … shall personally represent another person, group, or business entity before the governmental body.”

City Attorney Bob Pritt informed Christman of that section of the code in December when Christman applied to serve on CRAAB.

“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 before council while on the board,” Pritt wrote in an email to Christman on Dec. 19. “While this may seem strict, it is apparently consistent with the direction (council supported) as recently as this year, and by many in and out of office.”

Christman responded the same day asking to withdraw his application.

“Candidly, I had not previously thought of this as a potential conflict of interest. Nonetheless, I think it is important that there not be even a perception of conflict of interest on an appointment like this and its potential impact on Ethics Naples,” he wrote.

“The issue is not with my ability to appear before Council on any matter, but more broadly any perceptions that positions I might take on the CRAAB would be influenced by my role in Ethics Naples.”

However, he later decided not to withdraw his application, and council unanimously appointed him to CRAAB on Dec. 20.

On May 2, Christman appeared before council as the executive director of Ethics Naples. On June 20, Mayor Bill Barnett sent Christman a letter informing him that he may have violated the city’s code of ethics.

"It was brought to the attention of City Council that your appearance before City Council on May 2, 2018, while acting as an appointed member of a city advisory board was apparently in violation of the City of Naples Code of Ethics Law," he wrote.

Christman replied with a letter on July 19 stating he was "more than a little stunned and surprised" by the allegations against him.

According to Christman, he informed all but one council member that he would be appearing before them at the May 2 council meeting on behalf of Ethics Naples, and none of them objected. There were also no objections during the meeting.

In fact, it wasn’t until the June 13 council meeting, right before a two-month recess, that council members questioned Christman’s actions, which Councilwoman Ellen Seigel, who nominated Christman, pointed out.

“When Mr. Christman came up to address us, we all knew that he was on the CRA advisory board,” she said at the June 13 meeting. “We certainly had ample opportunity right there to take issue with his presentation and we didn’t. So I feel that Mr. Christman has been very straightforward.”

But just because they didn't realize it was a violation at the time, doesn't mean it shouldn't still be addressed, other council members argued.

"Does that mean that we can't object to it now?" Councilman Reg Buxton asked Seigel. "I think we should investigate."

Council ultimately decided to send Christman the warning letter, which he called “a low-road tactic.”

“It is disturbing and concerning that the Mayor would resort to such a low-road tactic, building on his past actions to prevent our ethics referendum from going to the ballot and then taking legal action against Ethics Naples,” Christman wrote in an email to Ethics Naples supporters on July 20.

Barnett replied to Christman's letter on July 24, noting the seriousness of the alleged violation.

"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," he wrote. "The confidence and trust of the people is eroded when the conduct of city business is subject to improper influence or even the appearance of improper influence."

Council will reconvene Aug. 13 for a workshop and will discuss Christman's alleged violation at its Sept. 5 meeting.

The allegations against Christman are the latest in a series of back-and-forth battles between the city and Ethics Naples, all spurred by the PAC’s efforts to pass an ethics referendum.

Ethics Naples has collected enough petition signatures to move the referendum forward. However, Pritt has argued that parts of the referendum might be illegal.

The councilors voted in May to let a judge decide whether the referendum, which would establish an ethics commission if approved, would appear before voters. Judge Hayes is scheduled to hear the case Aug. 21.

If Hayes decides the referendum is legal, the city would have to host a special election, costing $35,000 to $40,000, according to Trish Robertson, a spokeswoman for the Collier County supervisor of elections.