ETHICS WORKSHOP

MAY 4, 2010

BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS

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Topics

•Broward County Ethics Commission Proposed Code of Ethics

•Local Bill 1425

•Commissioner -Proposed Actions to Date

Acceptance of Gifts

•County Commissioners (including relatives, registered domestic partners, and office staff) cannot accept any gifts, directly or indirectly, from lobbyists, vendors, or contractors.

•In official capacity, may accept gifts from other sources up to $50.

•In personal capacity, no limit on gifts; reporting obligation.

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Outside/Concurrent Employment

•County Commissioners shall not lobby before other local governmental entities within Broward County.

•County Commissioners may engage in other employment where consistent with Chapter 112; remuneration must be disclosed.

•Commissioner’s spouse, registered domestic partner, immediate family members, and office staff shall not lobby before the Board or before other local governmental entities within County, or conduct business with County.

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Lobbyists

•Lobbyists who meet with Commissioners in County offices must complete all information in enhanced contact log.

•County Commissioners must disclose meetings with lobbyists that occur outside of the County Commission offices.

Financial Disclosure

•Commissioners shall file a copy of their annual financial disclosure (Form 6) for public inspection.

Solicitation and Receipt of Contributions

•Charitable Contribution Fundraising: Commissioners may solicit funds for non-profit charitable organization where there is no quid pro quo or other special consideration or benefit flowing between the parties; disclosure must be made; County staff or resources may not be used.

•Campaign Contribution Fundraising: Campaign finance disclosure must be filed with County. Commissioners who solicit campaign contributions for others shall provide disclosure; may not use staff or resources in the solicitation or receipt of campaign contributions; may not be made, solicited, or accepted in any government-owned building.

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Procurement Selection Committees

•Commissioners shall not be included as voting members of Selection/Evaluation Committees and shall not otherwise participate at such meetings.

Training and Education

•New Commissioners shall receive ethics training from County Attorney. Thereafter, each Commissioner shall annually take minimum of eight (8) hours of continuing education training on public service.

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Enforcement

Office of the Inspector General

•Upon determination of good cause, based on the receipt of a complaint or credible published report, the I.G. shall commence investigation of any Commissioner.

•Upon finding of probable cause, the I.G. shall notify the appropriate agency charged with enforcement of the alleged violation: -Violation of County Ethics Code referred to Hearing Officer

-Violation of State Ethics Code referred to Florida Commission on Ethics

- Referral for possible criminal prosecution

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Enforcement (continued)

Potential Sanctions

•Monetary fines of $250 - $5,000 per violation; restitution or disgorgement

•Public Reprimand/Censure

•Incarceration

Enactment Process

•County Commission sets ordinance for public hearing in June for consideration by the August 10 meeting or it is placed on the ballot for the November 2010 general election.

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OVERVIEW OF LOCAL BILL 1425

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Creates Office of the Inspector General

•O.I.G. detects misconduct (including corruption and mismanagement) by elected and appointed local government officials, employees, agencies, contractors, and other parties doing business with local governments or receiving local government funds.

•Local government means the Charter Government of Broward County, the Broward County School Board or Broward County School District, any municipality within Broward County, any constitutional officer of Broward County, or any special district operating solely within Broward County.

•I.G. serves four-year term; may be renewed.

•2010 referendum to create O.I.G.; 2016 referendum to determine continuation of O.I.G.

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Functions and Powers

•Upon receipt of a signed, verified complaint alleging misconduct, the I.G. may investigate, audit, and prepare reports and recommendations.

•Jurisdiction includes, but is not limited to, all projects, programs, contracts, or transactions funded in whole or in part by local government.

•All government officials/employees and contractors must cooperate fully. Subpoena power to address any lack of cooperation.

•Also investigates whistle-blower complaints.

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Functions and Powers (continued)

•If complaint alleges criminal violation, or the I.G. suspects criminal violation, the I.G. shall notify appropriate enforcing authority.

•For complaints that allege possible violation of any state, federal, or local law, rule, or policy, the I.G. may make a report or forward the complaint to the appropriate civil, criminal, or administrative agency.

•Notifies chief administrative officer of local government in event of employee misconduct.

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Selection Committee

•One person chosen by Mayor of Broward County.

•One person chosen by chairperson of Broward Legislative Delegation.

•One person chosen by chairperson of Broward County School Board.

•One person chosen by Broward League of Cities.

•State Attorney for Seventeenth Judicial Circuit.

•Public Defender for Seventeenth Judicial Circuit.

•President of Broward County Chiefs of Police Association.

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Resources

•County shall provide O.I.G. with sufficient office space, supplies, and $200,000 to fund all O.I.G.-related operations for remainder of 2010-11 fiscal year.

•To defray costs, local governments may require contract fee of up to 0.25% of contract price (certain contract carve-outs).

•Each local government is responsible for funding the O.I.G. Each local government's share of the I.G. budget shall be calculated based on its representative share of the countywide total of taxes levied by all local governments in County.

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Resources (continued)

•O.I.G. shall timely deliver to the Board a budget, including reasonable estimate of operating and capital expenditures of the Office.

•O.I.G. may hire employees as deemed necessary.

•Public hearing required concerning budget.

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Local Codes of Ethics

•Each local government shall establish a code of ethics regulating behavior of elected and appointed officials and employees. Broward County and each municipality shall adopt a code of ethics that is binding on each district that is dependent on the county or the municipality. •O.I.G. shall develop a model policy to be used by any local government that has not established a code of ethics.

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Conflict

•Any Charter provision or County ordinance that creates an Office of Inspector General or something substantially similar is in conflict.

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Commissioner-Proposed Actions to Date

•Ordinance prohibiting County Commissioner from voting as member of Selection Committee when, within thirty (30) days of a vote, the Commissioner has received and accepted a personal campaign contribution from a vendor or lobbyist involved in the matter. 

•Amendment to the Broward County Charter to make the Code of Ethics part of the Charter.  •An amendment to the Broward County Charter creating an Office of Inspector General. 

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Discussion and Questions