Dr. Mullane welcomed everyone and asked for introductions, which they did.

Transcription

1 REVISED: 06/07/04 MINUTES OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ETHICS ADVISORY COMMITTEE MEETING FRIDAY, MAY 7, :30 A.M. - CONFERENCE ROOM 916 SCHOOL BOARD ADMINISTRATION BUILDING Committee Members Present: Dr. Susan Mullane, Chair Mr. Frederick F. Thornburg, Esq. Vice Chair Judge Seymour Gelber, Esq. Mr. Frank E. Irizarry, Jr. Ms. Jane W. Moscowitz, Esq. Ms. Daneen Regna Others Present: Dr. Marta Pérez, School Board Member Mr. Johnny Brown, School Board Attorney Ms. Marge Okasako, Administrative Assistant to Ms. Betsy Kaplan Mr. Allen M. Vann, Chief Auditor Ms. Cristina Perez-Ibañez, Administrative Aide Ms. Elsie Montijo, Administrative Secretary Ms. Karin Brown, DCC PTA Ms. Yuvonne Martin, DCC PTA Mr. Carlos Seales, DCC PTA Mr. Lester M. Rosenberg, Miami-Dade Community Relations Board Ms. Susan Kairalla, Parent Mr. Adolfo Pérez, Parent I. CALL TO ORDER The meeting was called to order at 8:43 a.m. II. INTRODUCTIONS Dr. Mullane welcomed everyone and asked for introductions, which they did. III. APPROVAL OF MINUTES OF THE MARCH 12, 2004 MEETING Mr. Thornburg made a motion to approve the Minutes of the March 12, 2004 meeting which was seconded by Ms. Moscowitz, and it carried unanimously.

2 Page 2 of 5 IV. DISCUSSION ON THE TERM OF SERVICE FOR THE EAC MEMBERS Mr. Vann explained the terms of service for the EAC members, from the Ethics Commission Proposal containing the rules of appointments. He supplied everyone with a copy of the appointment schedule he put together and read from it. Mr. Thornburg pointed out that there are staggered terms. The purpose for the staggered terms was for the schools to rotate and they can all serve. Those members that wish to continue, can be reappointed. Mr. Thornburg asked both Judge Gelber and Ms. Moscowitz whether they would like to be reappointed. They both agreed. Mr. Thornburg made a motion to delay action on this issue and see if they can get reappointed. Ms. Regna seconded it, and it carried unanimously. Dr. Mullane introduced and welcomed Mr. Frank E. Irizarry, Jr. a new Ethics Advisory Committee Member. He was appointed by the Chamber of Commerce as a replacement for Mr. Carlton. Mr. Irizarry introduced himself and also mentioned some of the committees he serves on. Mr. Thornburg made a motion to present a plaque to Mr. Carlton and Dr. Garcia-Zamor for their services to the Ethics Advisory Committee. Ms. Moscowitz seconded it, and it carried unanimously. Dr. Mullane added that the EAC appreciated their service and how much they will be missed. Ms. Regna made a motion that Dr. Mullane switch from Chair to Vice Chair and Mr. Thornburg from Vice Chair to Chair. Ms. Moscowitz seconded it, and it carried unanimously. Mr. Thornburg volunteered to call the President of St. Thomas University to get the appointment to replace Dr. Garcia-Zamor. V. DISCUSSION ON NO SANCTIONS WITHIN THE CODE OF ETHICS FOR VIOLATIONS Mr. Thornburg pointed out that Dr. Pérez invited him to attend the School Board meeting when the Code of Ethics and Certificate was presented for adoption. One of the things he noticed missing from the Code of Ethics was a sanctions provision for violations and the certification form. Mr. Thornburg also informed the committee that Mr. Brown met with him after the Code of Ethics had been adopted and explained that there is some terminology that needs to be modified and Mr. Brown would address it. Mr. Brown spoke about his recommended changes to the Certificate of Compliance and Code of Ethics. His changes were as follows: In the beginning section of the Certificate, it should read: I have received copies of the Miami-Dade County Public Schools Code of Ethics which incorporate by reference thereto applicable provisions of the Florida Commission on Ethics guide to the Sunshine Amendment and the Code of Ethics for office s employees, the Code of Ethics and Principles of Professional Conduct of the Education Profession in Florida and the School Board Rule 6Gx13-4A1.212 Conflict of Interest (hereinafter collectively referred to as the Policy ); This change establishes that the employees received all the documents and they can certify to it. On Page 2, of the Code of Ethics Application Section, Paragraph 2, it should read: Employees are subject to various other laws, rules, and regulations, including but not limited to the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida, Code of Ethics for Public Officers and Employees, found in Chapter 112, Part III of the Florida Statutes and School Board Rule 6Gx13-4A1.212 Conflict of Interest which are incorporated herein by reference and should be viewed as added to this Code of Ethics.

3 Page 3 of 5 Mr. Thornburg made a motion to accept the recommended changes by Mr. Brown and for the School Board to approve the changes to incorporate them. Ms. Moscowitz seconded it, and it carried unanimously. VI. DISCUSSION ON THE CERTIFICATE OF COMPLIANCE MR. HERBERT COUSINS, INSPECTOR GENERAL Mr. Cousins did not attend this meeting. Mr. Thornburg suggested to delay this issue until the next scheduled meeting. VII. DISCUSSION ON ESTABLISHING GUIDELINES FOR THE CODE OF ETHICS AND A CERTIFICATION FOR OUTSIDE AGENCIES Mr. Thornburg stated that this issue was brought up when the School Board adopted the Code of Ethics, people in the School Board meeting suggested that a Code of Ethics be developed so that it will be applicable to outside vendors. If the EAC s mission is to rekindle public confidence in the school system, a Code of Ethics should be developed for outside agencies. Mr. Thornburg pointed out that he has a sample Code of Ethics and Mr. Carlton had mentioned that he also had a sample of the Code of Ethics from the Chamber of Commerce. This item should be discussed at the next scheduled meeting. VIII. DISCUSSION ON MODIFYING ETHICS COMMISSION PROPOSAL LANGUAGE FOR EAC MEMBERS PARTICIPATION IN POLITICAL CAMPAIGN Mr. Brown reminded the EAC members that they had requested him to modify the language of the Commission on Ethics proposal because of the EAC s concern regarding participating in political campaigns. Section 4(3)(1) and 4(3)(4) Membership. Currently, the Commission on Ethics Proposal ( Proposal ) prohibits Commission members from holding or campaigning for any elective political office, and from granting permission for their names to be used by a campaign in support of or against any candidate for political office or any referendum or other ballot question. The following is the current language, redlined to reflect the changes: Section 4. Membership. Qualifications, terms, vacancies. (e) Additional Requirements. No individual, while a member of the Commission on Ethics, shall: (1) Hold or campaign for any elective political office a position on The School Board of Miami-Dade County, Florida; (4) Grant permission for his or her name to be used by a campaign in support of or against any candidate for political office a position on the School Board of Miami- Dade County, Florida or any referendum or other ballot question related to The School Board of Miami-Dade County, Florida, or its business; Nothing herein shall preclude a member of the Commission on Ethics from signing a petition in support of or against any referendum or other ballot question not related to The School Board of Miami-Dade County, Florida, or its business. Mr. Brown sent a memorandum to Mr. Vann with this information and it was handed out at the meeting. Mr. Thornburg informed the committee that these changes have been already

4 Page 4 of 5 approved and passed at the last EAC meeting and that the changes to the Ethics Commission Proposal was ready to be submitted to the School Board for approval. IX. DISCUSSION ON PAST, PRESENT, AND FUTURE OBJECTIVES Dr. Mullane asked what presentations were still pending. Ms. Montijo answered the presentation from the Office of Professional Standards is pending and Ms. Moscowitz mentioned that Procurement has to come back with a list of 5 recommendations to better the procurement purchasing system. Mr. Thornburg suggested that the EAC make an assessment of their accomplishments and what will be addressed in their future meetings. He also suggested developing a list of things to do, e.g. the EAC should meet with the School Board, establish an internet website, and decide whether or not the EAC should revise the enabling act to determine whether the commission issue advisory opinions. X. DISCUSSION ON WORKSHOP FOR THE EAC Ms. Regna explained that the benefit of holding workshops are to get together with other existing committees and exchange information. She suggested that instead of having a workshop the EAC should invite members from other committees to make presentations. Ms. Moscowitz pointed out that there should be some type of format for these presentations. She said there should be a plan rather than show and tell. Dr. Pérez pointed out the issue on the Forensic Audit that was discussed in the Audit Committee meeting of May 4, 2004, she suggested that the EAC should be invited to the Audit Committee meetings so that they can be included in these type of issues. Ms. Moscowitz requested a copy of the Forensic Audit and also the minutes of the Audit Committee meeting of May 4. Mr. Thornburg requested to be notified if there are any issues on ethics, in School Board meetings, Audit Committee meetings, etc. Ms. Regna volunteered to attend the school Board meeting when she is available. Mr. Irizarry suggested that the EAC should have liaisons. They could be available to attend meetings when the EAC is not available. Mr. Gelber said instead of having liaisons the committee should be expanded so this committee could accomplish more. Mr. Thornburg said it is a good idea to expand the EAC and it should be revisited. XI. NEW BUSINESS Mr. Thornburg made a motion to recommend to the School Board that they give consideration and provide the EAC with internally the correct protocol to establish an Internet Website and also to formally invite School Board candidates to the EAC meetings. Mr. Irizarry seconded it, and it carried unanimously. Mr. Rosenberg suggested to the committee to explore the possibilities of broadcasting at the EAC meetings. Mr. Thornburg told Mr. Rosenberg to look into it and bring it back to the committee. The EAC members agreed on establishing an Internet Website for their committee. Dr. Mullane and Mr. Thornburg will write a letter endorsing the Internet Website so that Dr. Pérez can present it to the School Board. Mr. Vann suggested that the website should include meeting dates, agendas, minutes, and the Code of Ethics, etc.

5 Page 5 of 5 XII. BOARD MEMBER CONCERNS None XIII. SET NEXT MEETING DATE Dr. Mullane suggested, and it was unanimously approved, that the next meeting be scheduled for Friday, June 4, 2004, at the School Board Administration Building Conference Room 916, at 8:30 a.m. XIV. ADJOURNMENT There being no further discussion, the meeting was adjourned at 10:02 a.m.