Presentation Transcript

1. Local Government Ethics

   Presented by: The Florida Commission on Ethics www.ethics.state.fl.us 850-488-7864
2. Goals of the Code Maintain respect of people in government Ensure duties are performed impartially Prevent use of office for private gain Avoid unnecessary barriers to public service
3. Members Five by the Governor Two by the President of the Senate Two by the Speaker of the House Non-compensated and bipartisan
4. The Commission interprets the ethics laws in two ways Opinions Public reports on complaints or referrals
5. Three flavors of advice Formal opinions Informal written Informal over-the-phone
6. Misuse – 112.313(6) Corruptly use or attempt to use Public position or resources To secure a special benefit or privilege For oneself or others
7. Inside Info - 112.313(8) Applies to current and former officers and employees Personal gain or benefit Information not available to the public
8. Nepotism – 112.3135 Vested with the authority by law, rule, regulation, or delegation, to appoint, employ, promote, advance, or recommend individuals
9. Prohibitions Appoint, employ, promote, or advance a relative Recommend a relative for appointment, employment, promotion, or advancement Includes authority as a member of a collegial body
10. Gifts from Political Committees 112.31485 RIPEs and their parents, spouses, children, and siblings are prohibited from accepting any gift from a political committee
11. Quid pro quo112.313(2) & 112.313(4) All state and local officers and employees, local government attorneys, and candidates [112.313(2), F.S.] All state and local officers and employees, local government attorneys, AND their spouses and minor children [112.313(4), F.S.]
12. The Gift Law - 112.3148 solicit gifts from lobbyists, principals, vendors accept gifts worth more than $100 from lobbyists, principals, vendors report gifts worth more than $100 received from others gifts of any value from relatives
13. What’s a gift? Anything you get for which you do not give equal or greater consideration within 90 days Transportation/lodging Preferential rates Use of property Tickets Food/beverages Membership dues Plants/flowers/floral arrangements
14. What’s not a gift? Salary associated with private employment Campaign contributions Awards in recognition of service Gifts from “government officer or employee” organizations
15. Lobbyist Anyone who, for compensation, is seeking or has sought in the last 12 months to influence the governmental decisions of a RIPE or his or her agency
16. A RIPE may not solicit a gift of any amount from A lobbyist who lobbies his agency A lobbyist’s partner, firm, employer, or principal A vendor if it would benefit the RIPE, another RIPE, or a RIPE’s immediate family
17. A RIPE may not accept, directly or indirectly, a gift worth more than $100 from any of those donors
18. Is it worth more than $100? Lodging in a private residence: $44 per night Private transportation: same as a comparable commercial conveyance Tickets: face value, daily or per event, whichever is greater
19. What can I accept under 112.3148? Gifts from relatives Gifts on behalf of charities or agency Gifts from non-lobbyists (report if >$100) Gifts from governmental organizations and DSOs (report if >$100)
20. Honoraria and Honorarium Event Related Expenses– 112.3149 KEY TERMS: Honorarium Honorarium event Lobbyist
21. Soliciting & Accepting RIPEs are prohibited from soliciting an honorarium which is related to their public office or duties RIPEs are prohibited from accepting honoraria from lobbyists and certain others
22. Event Related Expenses? Unless otherwise prohibited, RIPEs may accept actual and reasonable expenses for transportation, lodging, food and beverage, and registration fees related to an honorarium event. Report on a Form 10.
23. Report on a Form 10 A lobbyist who pays honorarium event related expenses must provide a statement to the RIPE no later than 60 days after the event
24. What is the purpose of financial disclosure? Provides citizens with a way to monitor potential conflicts of interests and keeps them informed on an annual basis Serves as a deterrent to public officials considering activity that may result in a conflict Instills more confidence in the actions of public officials Reminds public officials of financial interests that may conflict with their duties
25. Attorney/CPA Option
26. Collection Methods Salary Withholding Garnishment Statute of limitations increased to 20 years
27. Dual Public Employment112.3125 Candidate or elected official can’t accept public employment or advancement if it is being offered to influence Employment must also meet certain other conditions
28. Conflicting Employment112.313(7) Can’t work for an entity regulated by, or doing business with your agency
29. Conflicting Employment Can’t have employment or contract that creates a conflict between your public duties and private interests, or an impediment to your public duties
30. Prohibited Business Part I112.313(3) Do not purchase, rent, or lease any realty, goods, or services FOR your agency FROM any business where you or your spouse of child is an officer, partner, director, or proprietor, or where there’s a material interest
31. Prohibited Business Part II In private capacity, do not rent, lease or sell any realty, goods, or services TO your agency OR any agency within the political subdivision
32. Blind Trusts
33. Post-Employment112.313(14) Prohibits representation for compensation before one’s former “government body or agency” Two year restriction
34. Complaints Must be sworn and on proper form May be filed by ANYONE! Are confidential until a certain stage Cannot be initiated by Commission
35. Referrals From the Governor, Florida Department of Law Enforcement, a State Attorney, or a U.S. Attorney Requires six-member vote to investigate
36. Costs & Fees Must show: Malicious intent, and, Knowledge or reckless disregard for falsity of a material fact
37. More Info State of Florida Commission on Ethics www.ethics.state.fl.us 850-488-7864 **up-to-date training info on training page**