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Home My WebLink About07-02-2024 NRB Attachmentr"F r=mtTw N z CD - ■ Q ♦0 m <, O cn -1. O OL ME a r Applicable Law 1 Florida Statutes Ch. 112, Ch, 119, Ch, 286 State of Florida Constitution Art. II §8 ("Sunshine Amend ment`� Topics: CODE OF ETHICS (FL and/or City) PUBLIC RECORDS LAW SUNSHINE LAW QUASI JUDICIAL v. QUASI LEGISLATIVE CODE OF ETHICS CODE OF ETHICS Why do we need it? • Public officials should be independent, impartial and don't want public offices to be used for private gain • To make sure that all actions taken are in the public interest . Public official as to your board — can't speak on behalf of the body — act as a body, not individuals Why should you be concerned? • Criminal penalties [rare; only if involving fraud/criminal activities] • Removal from office • Public reprimand ■ Civil fines up to $10,000 Prohibited Activities 1. Asking for or accepting gifts* 2. Doing business with your agency Accepting compensation for your vote 4. Misuse of position Conflicting employment or contractual relationships Misuse of privileged information Nepotism s. Post -employment restrictions �. Dual office holding io. Absenteeism from voting TOPICS OF ETHICAL CONCERN: REQUIRED DISCLOSURES GIFTS x HONORARIA (rare) z CONFLICT OF INTEREST REQUIRED DISCLOSURES Campaign Contributions Honoraria & Gifts Financial Disclosures: Every board member must file full and public disclosure of their financial interests Annual reporting required (Form 6*) Conflicts of Interest More on Gifts: Prohibited gifts: political action ■ Any gift valued over $100 from a lobbyist, a com mittee [PAC] or a committee of continuous existence [CCE] ■ Any gift given to influence a vote Allowed Gifts/Disclosures Required :han those prohibited ■ Any gift over $100 from a source other t ■ An gift valued between $25 and $100 from a lobbyist, a PAC, or Yg a CCE Allowed Gifts/Disclosure Not Required: ■ Any gift valued under $25 from a lobbyist, PAC or CCE ■ Any gift from other sources valued Honoraria Law FS §112.3149 Definition: . Acceptance of a payment (money or anything of value) for a speech or any writing other than a book Does not include: . Ordinary payment or salary related to one's public duties . Campaign contributions . Payment or provision of food, beverage, lodging, transportation costs, or registration fees related to the honorarium event CONFLICTS OF INTEREST Situation where a regard for your private interest may lead to a disregard for the public interest and duty Applies when your (or your family's) private financial interests may benefit Must abstain from voting in matter and disclosure required (Form 813) within 15 days Unable to make impartial decision in QJ matter— FS 286.012 Conflict of Interest Law Prohibits: 1. Incompatible employment: When it would interfere with the proper discharge of official duties or impair acting in the public interest 2. Disclosure of confidential information: May not use confidential information to advance self or others' private or financial interests May not disclose any confidential information regarding property, government, or affairs of the city 3. Representing private interests before city agencies: May not represent private interests in any action or proceeding against the interests of the city More on Conflicts of interest 4. Contracts with the city: Must disclose a substantial or controlling financial interest in any business entity, transaction, or contract with the city as well as the sale of real estate, materials, supplies, or services to the city Must abstain from voting or participating in transaction on behalf of city or board Also must disclose to the state (Form 4A) 5. Disclosure of interest in litigation: Anyone who has a personal or financial interest in legislation by the City must disclose it on the record of CC if they participate in discussions with the CC PUBLIC RECORDS PUBLIC RECORDS LAW FS Ch. 119 Definition: A. All docs, papers, letters, maps, books, tapes, photos, films, recordings or other material, regardless of physical form or characteristics B. Which was made or received C. pursuant to law or ordinance -or - in connection with the transaction of official business by any agency* D. Includes notes taken during meeting (*FS defines agency to include all advisory boards created by the City) h SUNSH LAW SUNSHINE LAWS FL Constitution Art II §8 and FS Ch. 286 Applies to all elected or appointed members of boards of agencies A meeting of two or more members of the same board must be "in the sunshine" IV CAN'T HAVE OUTSIDE DISCUSSION ON BOARD MATTERS More on Sunshine Law r Is it a meeting? • ONLY if there is "foreseeable action" which may be taken by the board (decision making committees) • Does NOT apply to social gatherings where issues that may come before the board are not discussed If a "meeting" then the board must give reasonable public notice of the meeting . Post the time and place of meeting • Should give at least 24 hours notice unless emergency session or as otherwise provided by law If a "meeting" minutes must be taken to record the meeting EX PARTE COMMUNICATIONS FS §286.0115 s Presumed to be prejudicial (harmful) Any board member which discusses merits of any matter on which the board may take action must remove the presumption of prejudice How to remove presumption: . Disclose on the record who the communication took place with and the subject of the communication I More on Ex Parte's Written communications: . If relates to pending action is NOT presumed to be prejudicial but MUST be made a part of the record of the proceeding before vote taken Investigations/Site Visits: . Are not presumed prejudicial (also applies to expert opinions) but MUST be made part of the record before vote taken Public Comment: . Must allow those with contrary opinion to express them . May limit to designated, reasonable and relevant, nonredundant . Quasi judicial — can't limit as much as quasi legislative Board Decisionmaking Staff recommendations are based on criteria written in code - law Board decisions must be based on law in code OR STATUTE • Your authority is vested in code • Must follow code or not legal Can't use outside interests/fairness — must use criteria as laid out as justification for rulings Rulings must be able to stand up on appeal Formal hearings: Due process (notice and opportunity to be heard) quasi legislative or quasi judicial Quasi Judicial v. Legislative x JUDICIAL: • if evidence must be considered for board to make decision, then must be quasi judicial hearing • If applies only to specific parties/parcels • Decisions must be made on the record from relevant substantial competent evidence based on applicable codes/law Quasi Judicial Requirements 1) Notice 2) Opportunity to be heard • Must allow each side to present evidence and testimony (be careful when limiting time) • Must allow cross exam of witnesses 3) Unbiased decision maker (no conflicts, ex pane communications or site visits) 4) Fair hearing conducted Quasi Judicial Requirements 5) Record made (minutes) - sworn testimony under oath record must provide basis for decision for appeal — decision made based on substantial competent evidence 6) Issue development order or denial of development order from which to appeal - must have standing to appeal Quasi legislative Matters that formulate policy Legislative public hearing Not as formal May limit public speakers time Only require due process (notice and opportunity to be heard) . Government action upheld with legit public purpose (health/safety/welfare) E z 0 M7 cD 3 m D 0 a) 0 n 0 r� x 0 ah Es r rn (a E ■ W O D 0 r+ CD U) O n CD