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Protecting, Leading, Uniting Since 1893 CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES PART II November 10, 2016 Adam Fetterman General Counsel St. Lucie County Sheriff s Office 772-462-3225 fettermana@stluciesheriff.com This presentation will be posted at: http://www.flsheriffs.org/webinars/
Gifts Lobbyists Unauthorized compensation Honoraria Political committees Restrictions on employment after elected office Restrictions on employment of relatives Financial Disclosures Penalties Protecting, Leading, Uniting Since 1893
Who do the gift laws apply to? Reporting individuals i.e., anyone holding public office or candidates for office Procurement employees e) Procurement employee means any employee... who has participated in the preceding 12 months through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or in any other advisory capacity in the procurement of contractual services or commodities as defined in FS 287.012, if the cost of such services or commodities exceeds or is expected to exceed $10,000 in any fiscal year.
Anything accepted for person s benefit, directly or indirectly for which equal or greater consideration is not given within 90 days of receipt. FS 112.312(12). Examples: Transportation, lodging, parking Food or beverage Dues, fees, tickets Hunting or fishing trips, greens fees, country club memberships Value determined by cost to the donor
CANNOT solicit gifts for yourself or family of any value from vendor or lobbyist MAY accept gifts valued < $100 from lobbyist or vendor Lobbyists and vendors must themselves report $25<gifts<$100 CANNOT accept gifts valued > $100 from lobbyist or vendor (unless it is on behalf of agency or charity) IF YOU DO, YOU HAVE 90 DAYS TO REIMBURSE Gifts can be accepted from others, but any > $100 must be reported if in doubt REPORT
LOBBYIST Lobbyist means any natural person who, for compensation, seeks, or sought during the preceding 12 months, to influence the governmental decisionmaking of a reporting individual or procurement employee or his or her agency or seeks, or sought during the preceding 12 months, to encourage the passage, defeat, or modification of any proposal or recommendation by the reporting individual or procurement employee or his or her agency. FS 112.3148(2)(b)1
VENDOR A business entity doing business directly with an agency, such as renting, leasing, or selling any realty, goods, or services. FS 112.3148(2)(f)
Required by end of the calendar quarter Florida Comm. on Ethics Form 9 found at http://www.ethics.state.fl.us/forms/form%209.pdf Remember report gifts valued >$100 When in doubt report it!
Given, asked for or accepted based upon understanding that it will influence official action DON T DO IT! If a contract for services or goods is pending, don t accept a gift from a prospective vendor See FS 112.313(2)
A mayor's travel to conferences and events paid for by others would not be considered "gifts to the city" and are considered gifts to him personally. Only where a public official's travel is paid for by his own agency, and where his agency then receives reimbursement from a third party would the reimbursement received by the agency be considered a "gift to the agency." Funds received by the city from third parties and deposited into a public fund which are then used to pay for official travel by city officials could also be considered a "gift to the agency."
This is not a question of form over substance, or of allowing indirectly that which could not be done directly: an agency's "upfront" payment of an official's travel expenses ensures that the agency has made a decision, in advance, that the travel is necessary, takes advantage of the agency's transparent processes for approving official travel in advance, and ensures that the traveler is reimbursed at the government rate. In this way, the agency can offset the expense to its taxpayers of necessary official travel, while the public is protected against the potential for abuse which could arise if all travel for which any nominal public purpose could be identified were to be considered a gift to the agency. This approach, in our view, achieves the goals of the gifts and honoraria laws, and is consistent with our precedent.
A District School Board member may not accept a gift valued at more than $100 from her boyfriend who is a partner in a law firm that provides bond counsel to the School District, because partners and firms of lobbyists, and vendors, are prohibited donors under FS 112.3148. The boyfriend or firm must disclose any gifts to the member valued between $25 and $100 on CE Form 30. However, if they equally share the costs of travel, meals, lodging and entertainment, the member has not received a gift.
Public officer or employee are both prohibited from accepting anything of value knowing or having reasonable notice, based upon the circumstances, that it is being given to influence official action. FS 112.313(4) What is the motivation behind the gift?
An honorarium is payment of money or anything of value for: Speech or oral presentation Writing, other than a book, which has been or is intended to be published Reporting individual or procurement employee cannot solicit or accept honoraria for speaking engagement or writing related to official duties. FS 112.3149(1) Payment of actual / reasonable expenses permitted (e.g., food, travel, lodging, etc.)
EASY Don t accept ANYTHING from Political Committees!! Bad idea! Applies to Reporting individuals and procurement employees cannot accept ANY gifts or honoraria from political committees.
(14) Lobbying by former local officers; prohibition. A person who has been elected to any county, municipal, special district, or school district office may not personally represent another person or entity for compensation before the government body or agency of which the person was an officer for a period of 2 years after vacating that office. For purposes of this subsection: (b) The government body or agency of any other county elected officer is the office or department headed by that officer, including all subordinate employees.
Sheriffs cannot be paid to lobby their own Sheriff s Office for 2 years after leaving office. BUT county commission, legislature, governor s office, school board, city councils, other sheriffs offices, etc. ALL OK!
This is the anti-nepotism law Provision applies to public officers (numerous ethics opinion on point) (1)(a) Agency means: 6. Any other political subdivision of the state, except a district school board or community college district. (c) Public official means an officer... OR an employee of an agency in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency.... (d) Relative... means an individual who is related to the public official 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-inlaw, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
(2)(a) A public official may not appoint, employ, promote, or advance, or advocate for [the same] in or to a position in the agency in which the official is serving or over which the official exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a position in an agency if [same] has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual.... (Temporary employment of relative permitted in emergencies under FS 252.34)
Sheriff can appoint a relative to a position as an uncompensated auxiliary deputy. Prohibitions under FS 112.3135 does not apply to persons serving in a volunteer capacity who provide emergency medical, firefighting, or police services. The can receive, without losing their volunteer status, reimbursements for the costs of any training they get relating to the provision of volunteer emergency medical, firefighting, or police services and payment for any incidental expenses relating to those services that they provide.
Public official s ex-wife s daughter is not his stepdaughter for purposes of the anti-nepotism law and she is not prohibited from employment.
Sheriff's promotion of his brother violated this section, even though sheriff abstained from decision making whenever his brother was considered for promotion. Morris v. Seely, App. 1 Dist., 541 So.2d 659 (1989), review dismissed 548 So.2d 663. If a county property appraiser marries an employee of the property appraiser's office, that employee may continue working in same position and may participate in routine salary increases, but may not be promoted or advanced, or recommended or advocated for same, by the property appraiser who has become the employee's spouse. Florida Op.Atty.Gen., 077-36, March 29, 1977 (1977 WL 26549).
Must be filed by any elected public officer, candidate for office and certain specified state employees INCLUDING assistant state attorneys Must be filed no later than July 1 of each year and within 60 days of leaving office/employment Elected State Attorneys File Form 6 Assistant State Attorneys File Form 1 File Forms 6F and 1F respectively upon leaving office http://www.ethics.state.fl.us/ethics/forms.html
A finance director of a sheriff's office is not a "finance director of a county, municipality, or other political subdivision" within the meaning of an amendment to the financial disclosure law. Thus, a finance director of a sheriff's office is not, by virtue of that position, a "local officer" required to file financial disclosure (CE Form 1, Statement of Financial Interests). (Thank you, Sheriff Benton!)
The Legislature did not provide a definition of "political subdivision" or "finance director." Further, nowhere in the Code of Ethics (Part III, Chapter 112, Florida Statutes) is there a definition of either term. Commission found that a finance director within a sheriff's office is not a finance director of a county, municipality, or other political subdivision, within the meaning of the new law, looking to Section 1.01(8), Florida Statutes, provides: 1.01 Definitions.-In construing these statutes and each and every word, phrase, or part hereof, where the context will permit: (8) The words "public body," "body politic," or "political subdivision" include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state."
Interesting note: a vehicle leased for personal use would need to be disclosed on Form 6 if the leased interest in the vehicle > $1000. So with a large down or one-time payment, the leased value could be an Asset requiring disclosure. It can be aggregated with other household goods and personal property. Similarly, the unpaid portion of the lease is a liability to report.
Ethics Commission can impose fines for violations Collection of fines can be made through salary deductions and garnishment of wages FS 112.31455 Ethics Commission Website: www.ethics.state.fl.us Ethics Commission Phone: 850-488-7864
If in doubt, don t take it. If you do, report it. Keep your lawyer on speed dial. If you don t have one, get one!!
Questions? Protecting, Leading, Uniting Since 1893
Protecting, Leading, Uniting Since 1893 Questions, Comments, Concerns? Please Contact: Adam Fetterman General Counsel St. Lucie County Sheriff s Office 772-462-3225 fettermana@stluciesheriff.com