ETHICS OVERVIEWOctober 17 & 24, 2017

This presentation is posted at: http://www.flsheriffs.org/webinars/

Wayne EvansGeneral Counsel, FSA

Allen, Norton & Blue, P.A.906 North Monroe Street

Tallahassee, FL 32303October 17, 24, 2017

(850) 561-3503revans@anblaw.com

Ch. 112,F.S., Rule 34-7.025 Primary areas of the Code of Ethics:

• Financial Disclosures• Gifts• Doing business with one’s own agency;• Conflicting employment or contractual relationships;• Misuse of position; • Post-office restrictions; and• Restrictions on employing relatives

§ 112.3144, F.S.“Full and public disclosures of his or her financial interests” required for annual disclosure

• Comm’n on Ethics Form 1• Certify completion of ethics and public records training• Reporting individuals – sheriffs, not Financial Directors

§ 112.3148(8), F.S. Quarterly reports required for gifts that exceed $100 in value

• No report required if no gifts received• Reporting individuals or procurement

employee – sheriffs, not Finance Directors

SHERIFFS

Gift reporting required (CE Form 9) Gift reports required if applicable, e.g. gifts exceeding $100 in value

Financial disclosure (CE Form 6)

Anyone who, for compensation, sought in past 12 months to influence decision-making of R.I. or that of your agency, or to encourage the passage, defeat, or modification of any proposal by R.I., or your agency• Section 112.3148(2), F.S.

A BUSINESS ENTITY WHICH IS DOING BUSINESS DIRECTLY WITH A SHERIFF’S OFFICE• Section 112.3148(2)(f)

Gift valued in excess of $100 cannot be accepted from lobbyist or vendor.• 90 days from receipt to reimburse in part or in full Gifts exceeding $100 from non-lobbyists or non-

vendors must be reported. • If in doubt, report the gift

Reporting on quarterly statement required by lobbyist or vendor of gift valued at over $25 and not more than $100 (CE Form 30)

• Section 112.3148(4),(5), F.S.

Gifts from relatives: Section 112.3148(1) Gifts on behalf of charities or agency: Section 112.3148(4) Gifts from vendors or lobbyists that are less than $100:

Section 112.3148(4) Gifts from non-vendors or non-lobbyists (must report if

more than $100): Section 112.3148(8) Gifts from state, regional or national organizations

promoting professional development of governmental officials (e.g., FSA) whose membership is primarily composed of elected or appointed public officials or a staff member of that organization: Section 112.312(12)(b)8.

§112.312(21),F.S. Relatives defined:

“Relative,” unless otherwise specified in this part, means an individual who is related to a public officer or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, person who is engaged to be married to the public officer or employee or who otherwise holds himself or herself out as or is generally known as the person whom the public officer or employee intends to marry or with whom the public officer or employee intends to form a household, or any other natural person having the same legal residence as the public officer or employee.

Anything accepted for person’s benefit, directly or indirectly for which equal or greater consideration is not given within 90 days of receipt Section 112.312(12)(a), F.S.

EXAMPLES:• Transportation, lodging, parking• Food or beverages• Dues, fees, and tickets• Plants and flowers• Personal services if a fee is normally charged• Hunting trips, green fees, county club

memberships• Section 112.312(12)(a), F.S.

Soliciting or accepting a gift from P.A.C. prohibitedGift: Anything of value not primarily related

to campaign activities Section 112.31485, F.S.

General rule is: Cost to the donor Lodging in a private residence - $44 per night Transportation, lodging and recreation or

entertainment must be added together when calculating the value of a trip• Section 112.3148(8), F.S.

Filing required by end of calendar quarter Receipt of gift valued more than $100 Excluded: Gifts from relatives

• Section 112.3148, F.S.

A sheriff and his wife are treated to dinner by friends. Their meals total $120, without the tip.

Sheriff must report a gift of $120.

A sheriff and his wife are treated to dinner by a vendor. Their meals total $120, without the tip.

Sheriff must pay the vendor at least $20 within 90 days. Meal is not required to be reported by sheriff.

A sheriff attends a football game and sits in a skybox. The full value of the ticket is $50. The sheriff should inquire as to the cost of the skybox

and prorate the number of seats by the number of games. If the skybox costs $20,000 annually, seats 20, and

there were 10 home games, the cost added to the price of the ticket is $100.

A sheriff is invited to participate in a charity golf tournament without charge. The public is charged $125 The round of golf is a gift and must be reported.

A sheriff is presented a rifle worth $300. He donates it to the Youth Ranches.

The rifle is a gift and should be reported. He didn’t accept it initially on behalf of the Youth Ranches. Compare s.112.3148(4).

A sheriff and his best friend travel to a hunting lodge (owned by the friend) for the sheriff’s birthday. The sheriff stays 5 days and meals are provided. Four others attend. Sheriff must report 5 days at $44/ day and the cost of

meals divided by 6. Travel expense (mileage) may be divided by two.

In #6 above, the best friend rents the lodge when not in use for $150/night.

The sheriff must report lodging of $150 X 5 = $750.

In #6 above, the brother in-law treats the sheriff.

No reporting required because the brother-in-law is included in the definition of “relative” See ss.112.312(21), 112.3148(8)(a)1., F.S.

A vendor treats the sheriff at his country club for a round of golf. The public would ordinarily pay $75 in green fees. The annual membership fee is $750.

The sheriff is not prohibited from the round of golf. The member’s fee is for the member’s benefit, unlike the fee for the skybox.

Ace Communications is bidding on a contract for radios. The CEO of ACE provides transportation for the sheriff in his private plane and tickets to the Super Bowl.

The comparable coach air fare and face value of ticket should be reported.

However, gift may be challenged under ss. 112.313(2), 112.313(4), F.S. if contract is awarded to Ace.

Wayne EvansGeneral Counsel, FSA

Allen, Norton & Blue, P.A.906 North Monroe Street

Tallahassee, FL 32303October 17, 24, 2017

(850) 561-3503revans@anblaw.com