OFFICIAL MEETING MINUTES OF THE PALM BEACH COUNTY COMMISSION ON ETHICS PALM BEACH COUNTY, FLORIDA OCTOBER 2, 2014

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1 OFFICIAL MEETING MINUTES OF THE PALM BEACH COUNTY COMMISSION ON ETHICS PALM BEACH COUNTY, FLORIDA OCTOBER 2, 2014 THURSDAY COMMISSION CHAMBERS 1:30 P.M. GOVERNMENTAL CENTER I. CALL TO ORDER II. ROLL CALL MEMBERS: STAFF: Salesia V. Smith-Grdn, Chair- Absent Michael S. Kridel, Vice Chair Clevis Headley Michael F. Lffred Carmine A Prire Mark E. Bannn, Cmmissin n Ethics (COE) Senir Investigatr Anthny C. Bennett, COE Investigatr Steven P. Cullen, COE Executive Directr Christie E. Kelley, COE Staff Cunsel Gina A Levesque, COE Intake Manager ADMINISTRATIVE STAFF: Andrea Javier, Minutes Clerk, Clerk & Cmptrller's Office Ill. INTRODUCTORY REMARKS Vice Chair Kridel said that Cmmissiner Lffred wuld act as chair if the meeting did nt adjurn by 2:30p.m. COMMISSION ON ETHICS 1 OCTOBER 2, 2014

2 IV. APPROVAL OF MINUTES FROM SEPTEMBER 4, 2014 MOTION t apprve the September 4, 2014, minutes. Mtin by Carmine Prire, secnded by Michael Lffred, and carried 4-0. Salesia Smith-Grdn absent. V. PROBABLE CAUSE HEARING (TO BE HEARD IN PUBLIC SESSION) V.a. C Steven Cullen, Cmmissin n Ethics (COE) Executive Directr, said that: The respndent waived applicable time requirements and his right t a private hearing. J. Alex Augustin filed a swrn cmplaint against Keith James, a City f West Palm Beach cmmissiner, n September 14, He determined there was legal sufficiency since the cmplaint alleged facts that, if true, indicated a vilatin f the Cde f Ethics (Cde). Staff recmmended dismissal fr lack f prbable cause. After examining the dcumentary evidence and cnsidering legal argument, the COE shuld determine whether prbable cause existed. Prbable cause culd be fund if reasnable, trustwrthy facts and circumstances led the COE t believe the respndent vilated the Cde. Pursuant t the COE's bylaws, Article VIII Sectin 10, the cmmissiners, nt the public, culd ask questins during the hearing. Staff Cunsel Christie Kelley said that: The cmplaint alleged that: At the September 2, 2014, City f West Palm Beach (City) Cmmissin meeting, the respndent, Cmmissiner James, vted n a matter pertaining t a prpsed settlement between the City and the United States Department f Husing and Urban Develpment (HUD). COMMISSION ON ETHICS 2 OCTOBER 2, 2014

3 V.a.- CONTINUED The vte regarded wrk invlving the City and Redemptive Life Fellwship, Inc. (RLF), and that as its registered agent, Cmmissiner James shuld have disclsed the relatinship r abstained frm vting. Based n the facts, Cmmissiner James' vte did nt vilate the Cde's sectins n misuse f public ffice, crrupt misuse f fficial psitin, r disclsure f vting cnflicts since the matter did nt directly r indirectly invlve a custmer r client f his utside emplyer r business. The investigatin revealed that : Redemptive Life Fellwship Urban Initiative Crpratin (RLFUIC), nt RLF, cntracted with the City fr HUD funding. The respndent was never RLFUIC's registered agent. Neither RLF nr RLFUIC were mentined at the September 2, 2014, City Cmmissin meeting. The relatinship between respndent and RLFUIC did nt meet the Cde's definitin f custmer r client. The respndent was paid $2,500 fr prviding legal services t RLFUIC between 2006 and Mr. Cullen said that a prpsed rder stating that n prbable cause was fund and that the matter was dismissed was prepared fr the COE's cnsideratin. MOTION t accept the Public Reprt Finding N Prbable Cause and Final Order f Dismissal as presented. Mtin by Carmine Prire, secnded by Michael Lffred, and carried 4-0. Salesia Smith-Grdn absent. Mr. Cullen suggested the COE review the public reprt, which was nt included in the agenda packet. Gina Levesque, the COE Intake Manager, clarified that staff-generated rders were nt generally included in the agenda r published until the COE vted. COMMISSION ON ETHICS 3 OCTOBER 2, 2014

4 V.a.- CONTINUED Vice Chair Kridel read the fllwing public reprt and final rder: Cmplainant, Alex Augustin, filed the abve referenced cmplaint n September 15, 2014, alleging that Respndent, Keith James, a Cmmissiner f the City f West Palm Beach, vilated 2-443(a), Misuse f public ffice r emplyment, 2-443(b ), Crrupt misuse f fficial psitin, and 2-443(c), Disclsure f vting cnflicts, f the Palm Beach Cunty Cde f Ethics. Pursuant t 2-258(a)1 f the Palm Beach Cunty Cmmissin n Ethics Ordinance, the Cmmissin n Ethics is empwered t enfrce the Palm Beach Cunty Cde f Ethics. On Octber 2, 2014, the Cmmissin cnducted a hearing and reviewed the Memrandum f Inquiry, Legal Sufficiency Determinatin, Investigative Reprt and Prbable Cause Recmmendatin. After an ral statement by the Advcate, the Cmmissin cncluded n prbable cause exists t believe any vilatin ccurred. Therefre it is: Ordered and Adjudged that the cmplaint against respndent, Keith James, is hereby dismissed. Dne and Ordered by the Palm Beach Cunty Cmmissin n Ethics in public sessin n Octber 2, (CLERK'S NOTE: The clerk added the language as printed in the public reprt and final rder.) VI. PROPOSED ADVISORY OPINIONS Vl.a. Request fr Opinin (RQO) Ms. Kelley said that: Lake Wrth Cmmunity Redevelpment Agency (LWCRA) Chair Cary Sabl asked whether he was prhibited frm legally representing Adpt-a Family in a real estate transactin n a paid r unpaid basis. COMMISSION ON ETHICS 4 OCTOBER 2, 2014

5 Vl.a. - CONTINUED The LWCRA partnered with lcal nnprfit rganizatins, such as Adpta-Family, t prvide funds frm its recently awarded grant. Chair Sabl anticipated receiving $2,500 frm the transactin. Neither Chair Sabl nr his spuse served as an fficer r directr f Adpt-a-Family. Staff submitted that: Chair Sabl was nt prhibited frm representing Adpt-a-Family in a real estate transactin in his persnal capacity as an attrney. Adpt-a-Family was nt cnsidered a custmer r client since the anticipated incme n a paid r unpaid basis was less than the Cde's $10,000 threshld. Chair Sabl wuld nt be prhibited frm participating in r vting n matters regarding Adpt-a-Family. MOTION t apprve prpsed advisry pinin letter RQO Mtin by Michael Lffred, secnded Clevis Headley, and carried 4-0. Salesia Smith Grdn absent. Vl.b. RQO Mr. Cullen said that: Cunty Planning, Zning, and Building Executive Directr Rebecca Caldwell asked whether attending an award ceremny dinner valued ver $1 00 and spnsred by an rganizatin was cnsidered a gift given her participatin in judging a cntest fr the rganizatin, which was als a registered lbbyist. Ms. Caldwell's participatin served a public purpse since it enhanced the relatinship between the "industry" and the "enfrcers." Ms. Caldwell spent fur t eight hurs evaluating the applicatins befre judging the cntest. COMMISSION ON ETHICS 5 OCTOBER 2, 2014

6 Vl.b. - CONTINUED Staff submitted that: Under the Cde, an exceptin t the gift definitin applied since it was accepted while perfrming fficial Cunty duties fr a public purpse and since Cunty time was expended in preparatin. A precedent was set in RQO where time invested was cnsidered a gift-law exceptin. Attending the dinner was nt cnsidered a gift and reprting it was unnecessary. MOTION t apprve prpsed advisry pinin letter RQO Mtin by Carmine Prire, secnded by Clevis Headley, and carried 4-0. Salesia Smith-Grdn absent. Vl.c. RQO Mr. Cullen said that: City f Byntn Beach Cmmissiner Michael Fitzpatrick asked abut the cne-f-silence requirement under the Cunty Lbbyist Registratin Ordinance, Sectin 2-355, which restricted cmmunicatin between parties invlved in a cmpetitive bid. Cmmissiner Fitzpatrick was authrized t negtiate with the Cunty utside f the existing bid prcess t transfer a 4.85-acre prperty fr use as a public park. Staff submitted that the rdinance did nt apply t Cmmissiner Fitzpatrick's cmmunicatin with the Cunty since he was perating utside the bid prcess, and it did nt meet the cne-f-silence legal definitin. MOTION t apprve prpsed advisry pinin letter RQO Mtin by Clevis Headley, secnded by Michael Lffred, and carried 4-0. Salesia Smith-Grdn absent. COMMISSION ON ETHICS 6 OCTOBER 2, 2014

7 VII. DISCUSSION RE: WORKSHOP Mr. Cullen said that: Staff's prpsed agenda fr the Octber 24, 2014, wrkshp encmpassed mst f the suggested discussin tpics. Staff wuld prvide a packet f prpsed changes t COE rules and rdinances in strikethrugh frmat with the final agenda. Staff fcused n changes t COE rules and bylaws, since rdinance changes required the Bard f Cunty Cmmissiners' apprval. Staff culd nt cnfirm which special guests wuld attend. VIII. EXECUTIVE DIRECTOR COMMENTS DISCUSSED: Wrkshp. Mr. Cullen said that: Staff anticipated that Senatr Abruzz r his staff wuld attend t brief the COE n the "Ethics Summit." Staff incrprated prpsed changes t COE rules int the bylaws. IX. COMMISSION COMMENTS IX.1. DISCUSSED: Expressin f Cmmendatin. Cmmissiner Clevis Headley cmmended staff and the COE n their hard wrk. Vice Chair Kridel said that writing reprts was challenging and that he was impressed with the quality f staff's wrk. COMMISSION ON ETHICS 7 OCTOBER 2, 2014

8 X. PUBLIC COMMENTS X.1. DISCUSSED: Wrkshp. Richard Radcliffe, Palm Beach Cunty League f Cities (LOG) Executive Directr, said that while the LOG supprted changing COE rules, it was reluctant t supprt changing the Cde. He suggested that the COE address the issue f COE meetings being used fr plitical purpses at the upcming wrkshp. XI. ADJOURNMENT MOTION t adjurn the meeting. Mtin by Clevis Headley, secnded by Carmine Prire, and carried 4-0. Salesia Smith-Grdn absent. At 2:03 p.m., the vice chair declared the meeting adjurned. COMMISSION ON ETHICS 8 OCTOBER 2, 2014

Human Services Commission

Human Services Commission Page AGENDA Human Services Cmmissin Regular Meeting 6:30 PM - Wednesday, February 28, 2018 City Hall Cuncil Chambers, Sammamish, WA Estimated Time CALL TO ORDER 6:30 pm ROLL CALL APPROVAL OF AGENDA PUBLIC