ETHICS OVERVIEW: State Ethics Enforcement

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2 ETHICS OVERVIEW: State Ethics Enforcement CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES CHAPTER 112, FLORIDA STATUTES, PART III Sections 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

3 ETHICS OVERVIEW: Local Government Enforcement 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

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

5 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.

6 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 11 th Circuit. 2) Former prosecutor appointed by the Chief Judge of the 11 th 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.

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8 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.

9 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 Students

10 ETHICS TRAINING CITY OF MIAMI ELECTED OFFICIALS December 17, 2013

11 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

12 The Seven Deadly Sins of Political Campaigns 12

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14 Miami Beach Ethics Training 14

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16 Miami Dade County Commission on Ethics and Public Trust Filing a Complaint MIAMI DADE COUNTY LOBBYIST TRAINING ethics.miamidade.gov Hotline:

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18 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

19 Eight Ways to Bribery STARBUCKS I -- The Video

20 Public Corruption Investigation Conference May 2013

21 Ethics in Education Conference May 2015

22 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

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24 Doing business with one s government Voting conflicts Gifts Outside employment questions to: ethics@miamidade.gov

25 Respond to complaints or tips that come into our office or can self-initiate complaints and investigations Investigators have subpoena powers

26 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) for review by the legal unit. The Advocate is also authorized to initiate complaints.

27 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.

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30 Financial Disclosure (i) Voting Conflicts (d), (v) Transacting Business with County (c)(3) Conflicting Employment (j) Outside Employment (k) Hotline: (786)

31 Miami- Dade County Conflict of Interest and Code of Ethics Ordinance Gifts (e) I need an upgrade! Exploitation of Official Position (g) Prohibited Use of Confidential Information (h) Prohibited Appearances on behalf of third parties (m)(2) Hotline: (786)

32 Miami- Dade County Conflict of Interest and Code of Ethics Ordinance Actions Prohibited When Financial Interests Involved (n) Prohibitions on Acquiring Financial Interest (o) Recommending Professional Services (p) Two-Year Rule (q) and Reverse Two-year Rule (x) (employees) Hotline: (786)

33 Miami- Dade County Conflict of Interest and Code of Ethics Ordinance Accepting Travel Expenses From City Vendors (w) Lobbying (s) Cone of Silence (t) Hotline: (786)

34 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 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

35 Nelson Bellido, Chair Lawrence A. Schwartz, Vice-Chair Judith Bernier H. Jeffrey Cutler Marcia Narine Joseph M. Centorino, Executive Director Hotline: Fax: Request a speaker: Web: ethics.miamidade.gov