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

ETHIC HICS S OV OVERVIEW ERVIEW: : State ate Ethi hics s Enf nforce orcemen ent 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: : Local ocal Gover ernme nment nt Enf nforce orcemen ment  TREND END TOWARD RD LOCAL L ETHICS CODE ENFOR ORCE CEME MENT NT 21 Counties have a designated point person for ethics 21  12 Counties have stricter ethics codes than state’s 12  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

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 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.

 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:  County and municipal government personnel  Elected officials  Advisory board members  Lobbyists  Political candidates  Non-profit organizations  Businesses, civic groups and other agencies  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

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Miami Beach Ethics Training 14

Miami Dade County Commission on Ethics and Public Trust Filing a Complaint MIAMI DADE COUNTY LOBBYIST TRAINING ethics.miamidade.gov Hotline: 786-314-9560

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.

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

Miami- Dade County Conflict of Interest and Code of Ethics Ordinance I need an upgrade! 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) • Hotline: (786) 314-9560 www.miamidade.gov/ethics

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

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

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

 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