broward county ethics ordinance: history & overview

BROWARD COUNTY ETHICS ORDINANCE:

HISTORY & OVERVIEW

ETHICS ORDINANCE HISTORY

• Broward County Charter Committee proposes amendment that creates Ethics Commission to draft new Ethics Code applicable to County officials and staff.

• 2008: Charter Amendment creating Broward County Ethics Commission enacted by voters.• County Ethics Commission charged with developing Ethics

Code applicable to Broward County Commission and staff.

• August 2010: County Commission adopts Ethics Code as drafted by Ethics Commission.

• County Commission proposes additional Charter amendment that allows County ethics regulations to prevail over municipal ethics regulations.

ETHICS ORDINANCE HISTORY

• November 2010: Voters pass Charter Amendments.

• County seeks input relating to Ethics Code that will apply to cities.

• BLOC Ethics Task Force proposes modifications to County’s Ethics Ordinance that will apply to cities.

• October 11, 2011: County Commission enacts Ordinance No. 2011-19.

• Adopted some, but not all, of the BLOC Ethics Task Force proposed changes.

ETHICS ORDINANCE HISTORY

ETHICS ORDINANCE HISTORY

MAJOR ETHICS AREAS ADDRESSED:

• Gifts

• Outside Concurrent Employment

• Communications with Lobbyists

• Solicitation of Charitable Contributions

• Solicitation of Campaign Contributions

• Service on Selection Committees

• Advisory Opinions

• January 2, 2012: Ethics Ordinance becomes applicable to municipal officials.

• Coming Soon: County Ordinance applicable to City staff.

ETHICS ORDINANCE HISTORY

• Costs Cities Money• Lobbyist Contact Log System• Additional Clerk Forms• Add required website information• Lobbyist Registration Procedure• City paying for Commissioner events that were

previously paid by others• City Attorney safe harbor opinions• Mandated ethics training

UNINTENDED CONSEQUENCES

• Discourages People From Running For Office• Must disclose private job salary• “Gotcha” atmosphere• Disqualifies people with certain types of

employment• Commission Less Accessible to Public

• Less attendance at events• Less accessible to people who may be

“lobbyists”

UNINTENDED CONSEQUENCES

• Hurts Charities• Elected Officials deterred from soliciting

money for charities

UNINTENDED CONSEQUENCES

IMPLEMENTATION ISSUESIMPLEMENTATION ISSUES

• What does “annual” mean for training?

IMPLEMENTATION ISSUESIMPLEMENTATION ISSUES

• What does “annual” mean for outside employment/compensation disclosure?

IMPLEMENTATION ISSUESIMPLEMENTATION ISSUES• How do relatives of elected officials

know gift rules?

IMPLEMENTATION ISSUESIMPLEMENTATION ISSUES

• How do elected officials know who is a City vendor/contractor/lobbyist?

IMPLEMENTATION ISSUESIMPLEMENTATION ISSUES

• How can we prevent an unlevel playing field in elections?

MUNICIPAL CHARTER AMENDMENTS

County Commission discussion to fund potential litigation challenging recent charter amendments in certain Broward County municipalities

ETHICS PANELETHICS PANEL

Panelists JAMIE COLE

ROBERT MEYERS

JACOB HOROWITZ

KERRY EZROL

DONALD LUNNY

GIFT ACCEPTANCE

• A vendor that has submitted a proposal to the City offers a Commissioner $5,000.00 in exchange for his support of the vendor’s proposal. • Q: May the Commissioner accept the $5,000.00?

GIFT ACCEPTANCE

• In appreciation of the Commissioner’s service on the Commission, a local resident gives the Commissioner a bottle of champagne valued at $125.00.

• Q: May the Commissioner accept the bottle of champagne?

GIFT ACCEPTANCE

• Q: If the same resident offered the Commissioner a box of wine valued at $20, rather than the more expensive bottle of champagne, may the Commissioner accept the box of wine?

• Q: Could a Commissioner accept the same $20.00 box of wine from a registered lobbyist of the City?

GIFT ACCEPTANCE

• The City has a contract with an architectural firm. The president of the firm is a long time friend of the brother of a Commissioner and invites the Commissioner’s brother to sit with him at a Dolphins game. The face value of the ticket to the game is $125.00.

GIFT ACCEPTANCE

• Q: May the Commissioner’s brother accept the ticket?

• Q: May the president of the architectural firm take the Commissioner’s second cousin to the Dolphin game?

• A Commissioner’s wife is throwing him a 50th birthday party. One of the guests, a long time personal friend of the Commissioner, also happens to be a registered lobbyist of the City. The Commissioners lobbyist friend gives the Commissioner a $40.00 personal gift. • Q: May the Commissioner accept the gift?

• Another friend of the Commissioner, who is not a lobbyist, vendor or contractor of the City, gives the Commissioner a personal gift valued at $60.00. • Q: May the Commissioner accept that gift?

GIFT ACCEPTANCE

• The Commission secretary is attending a meeting at the office of a City contractor and is offered a bottle of water. • Q: May she accept the bottle?

• The owner of ABC Pen Co. gives a Commissioner a pen with a value of $5.00. ABC Pen Co. is not a current vendor of the City. • Q: May the Commissioner accept the pen?

GIFT ACCEPTANCE

• A member of the Broward School Board attends a City Commission meeting and gives each Commissioner a calendar with a value of $5.00. • Q: May the Commissioner accept the calendar?

• Commissioners attend a meeting at the City Hall of City “A” with which is has a water use agreement. During the meeting, the Commissioners are offered a bottle of water. • Q: May the Commissioners accept the bottle of

water?

GIFT ACCEPTANCE

• A Commissioner is invited to a Chamber of Commerce event for free and everyone else pays $35 to attend.

• The Chamber of Commerce is not a vendor, contractor or lobbyist of the City, but some Chamber members are lobbyists.• Q: Can the Commissioner accept free admittance to

the Chamber event?

GIFT ACCEPTANCE

• The National League of Cities is holding a convention for all elected municipal officials in the country. During the convention, the league provides a dinner to all elected officials at a value of $75.00 per plate. • Q: May a Commissioner accept the dinner?• Q: Could the Commissioner accept the dinner

at an event of the Florida League of Cities? The Broward League of Cities?

GIFT ACCEPTANCE

• A Commissioner is invited to a fashion show held by a local charity. The Commissioner is given free tickets to all three fashion show events:• Cocktail Hour : Cost of $20 per person• Tickets to the Fashion Show : Cost of $20 per person• Tickets to the After Party: Cost of $20 per person• Q: May the Commissioner attend all three events?

GIFT ACCEPTANCE

• A Commissioner has been friends with a lobbyist for many years, and they alternate dinners at each other’s houses.• Q: Given that they reciprocate, does that

constitute reimbursement and therefore the dinner is not a gift?

GIFT ACCEPTANCE

• A Commissioner is offered an honorary membership to the Rotary Club. The normal dues for membership in the Rotary Club are $75.00.

• Q: May the Commissioner accept the membership?

GIFT ACCEPTANCE

• A Mayor and her husband are invited by an architectural firm to attend a dinner to honor local community leaders. The firm currently does not do any business with the Mayor’s city. Tickets to the event cost $45 each. • Q. May the Mayor and her husband accept the

tickets to the dinner?

GIFT ACCEPTANCE

OUTSIDE CONCURRENT EMPLOYMENT

• A local developer would like to hire a Commissioner to lobby another City within Broward County to grant the Developer a variance. • Q: May the Commissioner lobby another

Broward city on behalf of the developer?

• Q: May the spouse of a Commissioner lobby on behalf of the developer?

OUTSIDE CONCURRENT EMPLOYMENT

• A City Commissioner has been asked by a local developer to appear at a public meeting of the Planning and Zoning Board of another city in Broward County to offer information to the P&Z Board about the civic center that the developer had constructed in the commissioner’s city.

• Q. May the City Commissioner appear before the P&Z Board on behalf of the developer?

OUTSIDE CONCURRENT EMPLOYMENT

• A Commissioner is employed as an attorney at a law firm with a closed compensation policy. • Q: Must the Commissioner disclose the

identity of the Commissioner’s employer and the remuneration the Commissioner receives?

OUTSIDE CONCURRENT EMPLOYMENT

COMMUNICATIONS WITH LOBBYISTS

• Q: May a Commissioner meet with a registered lobbyist at City Hall?

• Q: May a Commissioner meet a lobbyist at a Starbucks?

COMMUNICATION WITH LOBBYISTS

• Q: May a Commissioner correspond with a lobbyist via email?

• The City would like the County to construct a park within the City.

Q: May a Commissioner lobby the County for the construction of the City park?

COMMUNICATION WITH LOBBYISTS

• Q: If a Commissioner meets with the president of a local homeowner’s association, must the Commissioner complete a contact log?

• Q: If a Commissioner meets with an employee of the Sierra Club to discuss the possibility of the City increasing its use of reclaimed water, must the Commissioner file a contact log?

COMMUNICATION WITH LOBBYISTS

• A City Commissioner meets with a lobbyist at a coffee shop to discuss an item that will be coming before the City Commission for consideration at its meeting in two weeks.

• Q. May the City Commissioner disclose the communication with the lobbyist when he arrives at city hall just before the Commission meeting?

COMMUNICATION WITH LOBBYISTS

SOLICITATION OF CHARITABLE

CONTRIBUTIONS

• A Commissioner sits on the Board of Directors of the 501(c)(3) non-profit “Commissioners in Distress” and would like to solicit a donation on behalf of the non-profit. • Q: May the Commissioner solicit contributions

on behalf of Commissioners in Distress?

CHARITABLE CONTRIBUTIONS

• A Commissioner would like to solicit donations for the Make a Wish Foundation from a City vendor seeking to do business with the City.

• Q: May the Commissioner promise to vote to approve the vendor’s proposal in exchange for a donation by the Vendor?

CHARITABLE CONTRIBUTIONS

• The City is sponsoring a charity event for breast cancer awareness. All proceeds of the event will be directed to a non-profit entity seeking a cure for breast cancer. • Q: May the Commissioner solicit contributions

for the event?

• Q: Would the Commissioner have to report the solicitation?

CHARITABLE CONTRIBUTIONS

• A Commissioner is employed by the Red Cross.

• Q: May the Commissioner solicit donations on behalf of its employer?

• Q: Would the Commissioner have to report solicitations made on behalf of its non-profit entity employer?

CHARITABLECONTRIBUTIONS

SOLICITATION OF CAMPAIGN

CONTRIBUTIONS

• A Commissioner would like to assist a candidate for the City Council of City “A” raise money for his campaign.

• Q: May the Commissioner solicit

campaign contributions on behalf of a candidate?

CAMPAIGN CONTRIBUTIONS

• A Commissioner would like to raise money for the reelection campaign of President Obama. • Q: May the Commissioner solicit contributions

from his/her office at City Hall?

• Q: May the Commissioner ask the secretary of the Commission to assist him/her in soliciting contributions for Obama’s reelection campaign?

CAMPAIGN CONTRIBUTIONS

SERVICE ON SELECTION COMMITTEE

• The City is planning on constructing a new City building.

• A Commissioner would like to serve on the selection committee evaluating the proposals of architectural firms.

• Q: Is the Commissioner permitted to serve on the selection committee?

SERVICE ON SELECTION COMMITTEE

ADVISORY OPINIONS

• If a Commissioner calls the City Attorney and is told that he/she may accept a certain gift, is the Commissioner protected from an Ethics Ordinance violation?

ADVISORY OPINIONS

WE THANK YOU FOR ATTENDING OUR SEMINAR

QUESTIONS?