discussion of ethics & campaign finance reform packet presented by thomas b. drage, jr., county...

Discussion of Ethics & Campaign Finance Reform Packet

Presented byThomas B. Drage, Jr., County Attorney,

andDana Crosby, Assistant County Attorney

June 24, 2008

Discussion Outline

Introduction

Overview of documents in packet

Discussion of individual items

Conclusion

IntroductionThe Task Force on Ethics and Campaign Finance

Reform met from March to November of 2007.

January 29, 2008 -- The Task Force presented its Final Report to the BCC.

The Final Report contained 20 recommendations -- -- 16 recommendations on ethics-- 4 recommendations on campaign finance

IntroductionFebruary 26, 2008 -- The BCC took the following action on the four

campaign finance recommendations:

Two provisions were added to the BCC legislative priorities for 2008;

one provision was to be implemented by a change in the County procurement ordinance; and

the BCC took no action on one provision.

IntroductionApril 22, 2008 --

The BCC took the following action on the 16 ethics recommendations:

Recommendation 1 was added as a legislative priority for next session;

Recommendations 3, 4 and 6 were to be implemented using existing resources and by Executive Order; and

Recommendations 2, 5 and 7 through 16 were to be implemented by ordinance in a manner that is not in conflict with existing state law.

Discussion Outline

Introduction



Conclusion

Tab 1 -- Recap of Task Force (TF) recommendations Tab 2 -- Draft Ordinance amending County procurement

code for the purpose of disallowing campaign contributions during the lobbying black out period.

Tab 3 -- Draft bill amending section 112.324, FS, to allow records of local code enforcement processes established for the purpose of enforcing more stringent local requirements to be exempt public records until a finding of probable cause or dismissal is made.

Documents in Packet

Tab 4 -- Executive Orders establishing County Attorney or designee as County Ethics Officer; providing for training; providing an endorsement of E-sign in.

Tab 5 -- Draft Ordinance amending County code to create a local code of ethics, providing an enforcement process, providing for penalties (includes relationship disclosure form and enforcement guide and fine matrix and sample forms).

Tab 6 -- Draft ordinance providing for expenditure disclosure on matters coming before the BCC (includes disclosure form and conforming amendment to item 2).

Documents in Packet

Discussion Outline

Introduction



Conclusion

Tab 2 contains a draft Ordinance amending the procurement code to disallow campaign contributions during the lobbying black out period (TF Rec. 4, CF).

Highlights: Amends Article X of Chapter 2 and Article III of Chapter

17 in the County Code; Creates a new Section 2-355.1 to prohibit campaign

contributions to the Mayor, BCC or candidates during the lobbying black out period;

Amends Subsection 2-356(C) to allow the County to enforce violations of this prohibition;

Provides conforming changes to sections 17-313(g)(3) and 17-313.1(f)(3) of the Code.

Documents in Packet

Tab 2 (Cont'd) --

Next Steps: Passage of this ordinance will require one public

hearing with 10 days notice prior to the hearing.

Documents in Packet

Tab 3 contains a draft bill amending section 112.324 of the Florida Statutes (TF Rec. 1, Ethics).

Highlights: Bill creates a public records exemption for

documents related to a County code enforcement process established for the purpose of enforcing more stringent local ethics requirements;

exemption until a finding of probable cause is made or case dismissed; and

contains a finding of public necessity (required for Public Records exemptions).

Next Steps: This item can be included in the County's 2009

Legislative priorities.

Documents in Packet

Tab 4 contains two draft Executive Orders (TF recs. 3, 4 and 6, Ethics).

Highlights: Establishes the County Attorney or designee as the

County Ethics Officer; designates that the Ethics Officer will provide ethics

training for County officials and employees; and provides an endorsement of implementation of an

electronic sign-in process for visitors to the fifth floor of the County Administration building.

Next Steps: Executive Order can be implemented by the Mayor.

Documents in Packet

Tab 5 contains a draft Ordinance establishing a Code of Ethics (TF Recs. 2, 5 and 7-16, ethics) -- Highlights:

Creates a new Article XIII in Chapter 2 of the County Code (Ethical Standards for County Officers and Employees);

States the Legislative Intent; Section 2-452 provides definitions for use with this

code including: business relationship or business dealing; County Ethics Officer; County Investigative Officer, Special Master and

Hearing Officer; Local Financial Disclosure; and Perception or appearance of conflict.

Documents in Packet

Tab 5 (Cont'd) -- Highlights: Section 2-453 creates a Code of Ethical Standards for

County Officers and Employees to: require additional local financial disclosure; require disclosure of those with whom an officer

has a business relationship; provide for a gift ban; provide for post-employment restrictions for

certain employees (similar post-employment restrictions for County officers currently exists in the law);

require disclosure of business relationships in past two years and requirement to abstain from voting based on appearance of conflict; and

require additional disclosure.

Documents in Packet

Tab 5 (Cont'd) -- Highlights: Section 2-454 requires applicant disclose in all matters

if applicant is an employer of, has a business relationship with, or is a relative of the Mayor or member of the BCC.

Provides for final review by the BCC of matters that would otherwise have final review by the Concurrency Review Committee or the Development Review Committee when the applicant is an employer of, has a business relationship with, or is a relative of the Mayor or member of the BCC.

Documents in Packet

Tab 5 (Cont'd) -- Highlights: Section 2-455 provides for a comprehensive

investigative process designed to ensure due process which includes:

retaining an independent investigative officer to make initial findings including determining jurisdiction,

retaining an independent Special Master to determine probable cause, and

retaining a Hearing Officer to issue a final order in a matter (including assessing the penalty)

Provides that if subsequent legislation is adopted to exempt investigatory information from public records law such records and information shall be deemed confidential and exempt from the public records law. (Reference Tab 3.)

Documents in Packet

Tab 5 (Cont'd) -- Highlights: Section 2-456 provides for penalties, as follows:

For officers or appointed employees penalties may include a verbal warning, written reprimand, a civil penalty, or recommendation for censure;

Other county employees will be disciplined pursuant to the Policy Manual and Operational Regulations.

Ordinance also: Provides for an appeal process; and Provides for a local ethics advisory board (s 2-

456).

Documents in Packet

Tab 5 (Cont'd) --


hearing with 10 days notice prior to the hearing. BCC can adopt any amendments to the ordinance at

the public hearing.

Documents in Packet

Tab 6 contains a draft Ordinance requiring expenditure disclosure by principals on items to come before the BCC (Comm. Brummer's rec.).

Highlights: Amends Article X of Chapter 2, County Code; Provides for Legislative Findings; Amends section 2-351 to update definitions and

expand definition of principal; Amends section 2-352 to clarify that principals

and employees who are not lobbyists need not register as lobbyists;

Amends section 2-353 to clarify that visitors and lobbyists must sign a visitor log when visiting Mayor, commissioner or specific county staff;

Documents in Packet

Tab 6 (cont'd) -- Highlights: Amends section 2-354 to distinguish annual

expenditure reports (filed by lobbyists) from specific project expenditure reports (filed by principals for all expenditures related to the project);

Requires one cumulative specific project expenditure reports be filed for each issue or project coming before the BCC; and

Amends section 2-355 to prohibit lobbying of Mayor or commissioners' staff in procurement matters and amends section 2-356 to conform this provision.

Documents in Packet

Tab 6 (Cont'd) --


hearing with 10 days notice prior to the hearing. At the public hearing staff requests BCC adopt

conforming amendment to the procurement ordinance provided at Tab 2.

Documents in Packet

Discussion Outline

Introduction



Conclusion

Next Steps: Passage of draft ordinances (Tab 2, 5 and 6) will

require one public hearing with 10 days notice prior to the hearing.

Titles of these ordinances will be sent to the paper tomorrow for publication of notice.

Public hearing on these ordinances will be July 8. BCC can suggest amendments today but the final

vote on the ordinances, as amended, will occur July 8.

Conclusion

Conclusion

An additional memorandum and draft resolution is distributed today to enable the BCC to require electronic filing of all campaign finance reports for Mayor and Commission candidates (CF Rec. 2).

The law passed in the 2008 session and has an effective date of January 1, 2009.

Passage of a Resolution requires no publication of notice.

BCC can adopt this resolution on July 8, 2008.

Discussion of Ethics & Campaign Finance Reform Packet

Presented byThomas B. Drage, Jr., County Attorney,

andDana Crosby, Assistant County Attorney

June 24, 2008