CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES CHAPTER 112, FLORIDA STATUTES, PART III
Sections 112.311 -112.326
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
TREND TOWARD LOCAL ETHICS CODE ENFORCEMENT
21 Counties have a designated point person for ethics 12 Counties have stricter ethics codes than state’s
3 Counties (Duval/Jacksonville, Miami-Dade, Palm Beach) have
their own ethics commissions
5 Counties have their own inspectors general
Source: Leroy Collins Institute at Florida State University
ETHICS OVERVIEW: Local Government Enforcement
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).
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,
The Education and Outreach program include training
sessions, workshops, conferences and seminars for:
County and municipal government personnel
Elected officials
Advisory board members
Lobbyists
Political candidates
Non-profit organizations
Businesses, civic groups and other agencies
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
The Seven Deadly Sins of
Political Campaigns
12 12
Text
Text
Miami Beach Ethics Training
Filing a Complaint
ethics.miamidade.gov Hotline: 786-314-9560
Miami Dade County Commission on Ethics and Public Trust
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
Eight Ways to Bribery
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
Doing business with one’s government
Voting conflicts
Gifts
Outside employment
Respond to complaints or tips that
come into our office or can self-initiate
complaints and investigations
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
Text
Text
Financial Disclosure 2-11.1 (i)
Voting Conflicts 2-11.1(d), (v)
Transacting Business with County 2-11.1(c)(3) Conflicting Employment 2-11.1 (j)
Outside Employment 2-11.1 (k)
• 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
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 11.1 (q) and Reverse Two-year Rule
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)
• 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, or 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
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: [email protected]
Fax: 305-579-0273
Request a speaker:305-350-0630
