ETHIC HICS S OV OVERVIEW ERVIEW: : State ate Ethi hics s Enf - - PowerPoint PPT Presentation

CODE DE OF ETHICS ICS FOR R PUBLIC LIC OFFIC FICERS RS AND EMPLOYE LOYEES CHAP APTE TER 112, 2, FLORIDA ORIDA STATU ATUTES, ES, PART T III Sectio ions 112.31 2.311 -112.3 12.326 26

 Applies to all elected or appointed public officers and all public

employees of any public agency or advisory body

 Includes officers or employees of all independent special

districts and dependent special districts operating as an arm of a municipal, county or state agency

 Includes “privatized” chief administrative officers of political

subdivisions

ETHIC HICS S OV OVERVIEW ERVIEW: : State ate Ethi hics s Enf nforce

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END TOWARD RD LOCAL L ETHICS CODE ENFOR ORCE CEME MENT NT

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21 21 Counties have a designated point person for ethics

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12 12 Counties have stricter ethics codes than state’s

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3 Counties (Duval/Jacksonville, Miami-Dade, Palm Beach) have their own ethics commissions

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5 Counties have their own inspectors general Source: Leroy Collins Institute at Florida State University

ETHIC HICS S OV OVERVIEW ERVIEW: : Local

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The Miami-Dade Ethics Commission was created as an independent agency with advisory and quasi- judicial powers following an amendment to the Miami-Dade County Home Rule Charter, approved by voters in 1996.

 Ethics Commission and State Attorney have

concurrent jurisdiction over the Conflict of Interest and Code of Ethics Ordinance.

 Ethics Commission also has responsibility to

enforce Ethical Campaign Practices Ordinance and Citizens’ Bill of Rights.

 Completely independent of local government

(except budget).

 Usually meets once a month.

• The Ethics Commission is comprised of five volunteers

appointed by entities not connected to County:

1) Retired Judge appointed by the Chief Judge of the 11th Circuit. 2) Former prosecutor appointed by the Chief Judge of the 11th Circuit. 3) A law professor appointed by either St. Thomas University School of Law or University of Miami School of Law on a rotating basis. 4) Member appointed by Director of Florida International University Center for Labor Research and Studies. 5) Member who has held local elective office, appointed by Miami-Dade County League of Cities.

 The COE has jurisdiction over elected officials,

employees and advisory board members in Miami-Dade County and all 36 municipalities.

 Ordinance also covers some contract vendors

and lobbyists.

 Work closely with the Office of the Inspector

General, the State Attorney’s Office and local, state and federal law enforcement agencies.

 Staff is comprised of attorneys and legal clerks,

investigators, former journalists and administrative support.

 Functions include community outreach,

advice-giving and enforcement.

The Education and Outreach program include training sessions, workshops, conferences and seminars for:

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County and municipal government personnel

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Elected officials

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Advisory board members

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Lobbyists

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Political candidates

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Non-profit organizations

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Businesses, civic groups and other agencies

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Students

ETHICS TRAINING

CITY OF MIAMI ELECTED OFFICIALS December 17, 2013

SUNSHINE LAW ISSUES AND TEN COMMANDMENTS FOR POTENTIAL VIOLATORS

Prepared by: Joseph M. Centorino Executive Director Miami-Dade County Commission on Ethics and Public Trust

The Seven Deadly Sins of Political Campaigns

12 12

 Text  Text

Miami Beach Ethics Training

14

Filing a Complaint

ethics.miamidade.gov Hotline: 786-314-9560

Miami Dade County Commission on Ethics and Public Trust MIAMI DADE COUNTY LOBBYIST TRAINING

EIGHT WAYS TO BRIBERY

“You shall not distort justice; you shall not be partial, and you shall not take a bribe, for a bribe blinds the eyes of the wise and perverts the words of the righteous.” Deuteronomy 16:19

Joseph M. Centorino Executive Director Miami-Dade County Commission on Ethics & Public Trust

Eight Ways to Bribery

STARBUCKS I -- The Video

Public Corruption Investigation Conference May 2013

Ethics in Education Conference May 2015

 Provide anyone within the jurisdiction of the

Ethics Commission with advice about the proper interpretation or applicability of ordinances concerning contemplated conduct, either as

• An inquiry (informal)
• Request for opinion (RQO- decided by COE).

 Assuming all relevant facts of the situation are

provided, an Ethics Commission opinion is legally protective.

 Note in the request if it is time sensitive.  Past responses are public records, posted and

searchable on the website: ethics.MiamiDade.gov

 Doing business with one’s government  Voting conflicts  Gifts  Outside employment

Email questions to: ethics@miamidade.gov

 Respond to complaints or tips that

come into our office or can self-initiate complaints and investigations

 Investigators have subpoena powers

Citizens can submit a notarized complaint on a form provided by the Ethics Commission. The complaint must:

 Allege a violation within COE’s jurisdiction  Be based on substantial personal knowledge  Include as much evidence as possible.

Citizens can leave information and tips anonymously on the COE hotline at (786) 314-9560 for review by the legal unit. The Advocate is also authorized to initiate complaints.

• Within 30 days after receipt of the complaint,

the COE will send a copy to the alleged violator.

• A complaint is not made public until probable

cause is determined or it is dismissed.

• Those filing frivolous or groundless

complaints may be charged investigative costs and legal fees.

• The Ethics Commission does NOT hear

complaints involving personnel or other human resources issues.

• State Attorney has concurrent jurisdiction to

file misdemeanor charges for Code violations.

 Text  Text

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Financial Disclosure 2-11.1 (i)

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Voting Conflicts 2-11.1(d), (v)

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Transacting Business with County 2-11.1(c)(3)

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Conflicting Employment 2-11.1 (j)

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Outside Employment 2-11.1 (k)

www.miamidade.gov/ethics Hotline: (786) 314-9560

• Gifts 2-11.1 (e)
• Exploitation of Official Position 2-11.1(g)
• Prohibited Use of Confidential Information 2-11.1 (h)
• Prohibited Appearances on behalf of third parties 2-11.1 (m)(2)

www.miamidade.gov/ethics Hotline: (786) 314-9560 I need an upgrade!

Miami- Dade County Conflict of Interest and Code of Ethics Ordinance

www.miamidade.gov/ethics Hotline: (786) 314-9560

Miami- Dade County Conflict of Interest and Code of Ethics Ordinance

• Actions Prohibited When Financial Interests Involved 2-

11.1(n)

• Prohibitions on Acquiring Financial Interest 2-11.1(o)
• Recommending Professional Services 2-11.1(p)
• Two-Year Rule 2-11.1 (q) and Reverse Two-year Rule 2-

11.1(x) (employees)

www.miamidade.gov/ethics Hotline: (786) 314-9560

Miami- Dade County Conflict of Interest and Code of Ethics Ordinance

• Accepting Travel Expenses From City Vendors 2-

11.1(w)

• Lobbying 2-11.1 (s)
• Cone of Silence 2-11.1(t)

• Investigative costs, not to exceed $500 per violation
• Restitution by the person or third party who received a pecuniary

benefit

• When prosecuted by State Attorney and found guilty in state court, a

fine not to exceed $500 or imprisonment for not more than 30 days,

• r both
• Admonition or public reprimand
• $500 fine for the first violation
• $1,000 fine for each subsequent violation
• $1,000 fine for the first intentional violation
• $2,000 fine for each subsequent intentional

violation

 Nelson Bellido, Chair  Lawrence A. Schwartz, Vice-Chair  Judith Bernier  H. Jeffrey Cutler  Marcia Narine  Joseph M. Centorino, Executive Director

Hotline: 786-314-9560 E-mail: ethics@miamidade.gov Fax: 305-579-0273 Request a speaker:305-350-0630 Web: ethics.miamidade.gov