OFFICIAL MINUTES OF THE PALM BEACH COUNTY COMMISSION ON ETHICS PALM BEACH COUNTY, FLORIDA AUGUST 3, 2017 THURSDAY COMMISSION CHAMBERS 1:36 P.M. GOVERNMENTAL CENTER I. SWEARING IN NEW COMMISSIONER BY CHIEF JUDGE KRISTA MARX II. III. CALL TO ORDER ROLL CALL MEMBERS: STAFF: Michael S. Kridel, Chair Clevis Headley, Vice Chair Judy M. Pierman Bryan Kummerlen Sarah L. Shullman Mark E. Bannn, Cmmissin n Ethics (COE) Executive Directr Anthny C. Bennett, COE Chief Investigatr Abigail Izzarry, COE Investigatr I Christie E. Kelley, Esq., COE General Cunsel Gina A. Levesque, COE Intake and Cmpliance Manager ADMINISTRATIVE STAFF: Julie Burns, Deputy Clerk, Clerk & Cmptrller s Office IV. INTRODUCTORY REMARKS Chair Michael Kridel intrduced new Cmmissiner Bryan Kummerlen and asked him t elabrate n his backgrund. COMMISSION ON ETHICS 1 AUGUST 3, 2017
IV. CONTINUED Cmmissiner Kummerlen shared that he was with the West Palm Beach Plice Department fr 30 years and retired as chief in February 2017. V. APPROVAL OF MINUTES FROM JULY 6, 2017 MOTION t apprve the July 6, 2017 minutes. Mtin by Cmmissiner Judy Pierman, secnded by Vice Chair Clevis Headley, and carried 5-0. VI. STATUS CONFERENCE C16-011 (Cmmissiner Sarah Shullman presiding) Representative Al Jacquet said that the riginal attrney withdrew and a new attrney had been identified. The new attrney cmmunicated with staff and a new date had been discussed between bth parties. Gina Levesque, COE Intake and Cmpliance Manager, said she wuld cntinue t discuss alternative dates fr anther meeting and wuld ntify all parties. Cmmissiner Shullman said that the August 7, 2017 hearing was cancelled. A status check meeting was scheduled fr September 7, 2017. VII. REVIEW OF EVIDENTIARY STANDARDS Cmmissiner Shullman requested that there be a discussin abut the definitins f misuse f psitin and crrupt misuse. Regarding the 3 evidentiary standards used by the COE, Christie E. Kelley, COE General Cunsel, said that: The legal sufficiency standard was used t decide if a cmplaint culd be filed. The persn must be under the jurisdictin f the COE and the alleged actins, if true, must cnstitute a vilatin f the Cde f Ethics. The prbable cause standard applied when there were reasnably trustwrthy facts and circumstances that warranted prceeding t a final public hearing. COMMISSION ON ETHICS 2 AUGUST 3, 2017
VII. CONTINUED The clear-and-cnvincing evidence standard required credible evidence and explicit testimny and it prduced a firm belief f cnvictin withut hesitatin. Cmmissiner Shullman requested that Ms. Kelley prvide any case law abut misuse f psitin and crrupt misuse in preparatin fr the September 7, 2017 status meeting. Ms. Kelley stated that Blackburn v. State Cmmissin n Ethics defined wrngful intent as acting with reasnable ntice that the cnduct is incnsistent with the prper perfrmance f their public duties. She added that the evidence must shw that the public emplyee r fficial used his r her fficial psitin t btain a special benefit fr any persn when he r she was aware that the actin was incnsistent with the prper perfrmance f public duties. VIII. PROCESSED ADVISORY OPINIONS (CONSENT AGENDA) VIII.a. Request fr Opinin (RQO) 17-014 VIII.b. RQO 17-016 MOTION t apprve the cnsent agenda. Mtin by Vice Chair Headley, secnded by Cmmissiner Pierman, and carried 5-0. IX. ITEMS PULLED FROM CONSENT AGENDA Nne X. PROPOSED ADVISORY OPINIONS X.a. RQO 17-015 Mark E. Bannn, Cmmissin n Ethics (COE) Executive Directr, said that the request came frm Cmmissiner Cheryl Schneider and Cmmissiner Mary Beth Hague f the Twn f Jupiter Planning and Zning Cmmissin and invlved a pssible cnflict f interest. Mr. Bannn stated: The matter invlved amendments t a previusly apprved planned unit develpment (PUD), knwn as the Lve Street PUD. COMMISSION ON ETHICS 3 AUGUST 3, 2017
X.a. CONTINUED Ms. Schneider and Ms. Hague were fficers r directrs f Citizen Owners f Lve Street, Inc. (COOLS), a nn-prfit entity that ppsed the prject. Bth cmmissiners had viced their ppsitin t the Lve Street prject in public meetings. They received letters frm the Twn f Jupiter attrney dated July 11, 2017 ntifying them that there was a cnflict f interest and shuld cnsider recusing themselves frm the issue. Ms. Schneider mved t table the issue until the August 8, 2017 twn meeting t allw fr an advisry pinin frm the COE. On July 12, 2017, COE staff received the jint request fr an advisry pinin and later received additinal infrmatin frm varius surces regarding the cnflict f interest. Ms. Schneider and Ms. Hague were asked t recuse themselves due t: State ethics laws A general cncern fr lack f impartiality Cncerns ver their participatin being a vilatin f the applicant s due-prcess rights Vilatin f Palm Beach Cunty Cde f Ethics Misuse f public ffice by prviding imprper special financial benefit t a prhibited party Failure t disclse a vting cnflict Crrupt misuse f fficial psitin The prpsed advisry pinin nly addressed the issue f whether these actins vilated any prvisins f the Cde f Ethics because that was the jurisdictinal limit f the COE. Staff cncluded that: COMMISSION ON ETHICS 4 AUGUST 3, 2017
X.a. CONTINUED Participating in discussins and vting n these amendments did nt vilate the cde. Ms. Schneider and Ms. Hague nr COOLS will receive any direct r indirect financial benefit by vting n the prpsed amendments. Such a vte wuld nt be fr the purpse f btaining a special privilege, benefit, r exceptin. Chair Kridel read int the recrd a public cmment card submitted by Ms. Schneider. Ms. Schneider clarified that her rle was t give recmmendatins t the twn cuncil and she had n decisin making authrity. Chair Kridel read int the recrd a public cmment card submitted by Ms. Hague. Jeff Cllins, Vice President f 1116 Lve Street, LLC, stated that after his prject was apprved by the twn cuncil, Ms. Schneider and Ms. Hague frmed COOLS and sued the Twn f Jupiter t verthrw the apprval f the prject. They did nt recuse themselves frm vting and were fundraising t stp the prject, which cnstituted a benefit and cnflict f interest. Darren Leiser, 1116 Lve Street, LLC attrney, stated that the issue was clear and dealt with public fficials wh participated in a hearing fr a prject they were suing t blck. He said that they had received financial benefit because they were petitiners in a lawsuit challenging the prject n which they vted. He added that COOLS raised mney and thus benefitted financially, lessening their litigatin csts. Ms. Schneider stated that: The Jupiter Planning and Zning Cmmissin received ntice f the items appearing n the agenda 4 days befre the meeting. She received the letter frm the twn attrney 5 hurs befre the twn meeting. COMMISSION ON ETHICS 5 AUGUST 3, 2017
X.a. CONTINUED The judicial review requested by COOLS came as a result f cncerns that the twn had nt applied the twn cde crrectly, which deprived the cmmunity the pprtunity t make cmments n the Lve Street PUD. Cncerns als included absence f disclsures and several cde waivers. The matter was abut hw the twn prcessed the applicatin and making sure the laws were applied crrectly. Mr. Bannn stated that bth he and Ms. Kelley had reviewed the petitin filed by COOLS and acknwledged that there were bth prcedural and substantive challenges in the dcument. Cmmissiner Shullman asked Ms. Schneider if COOLS had dne any fundraising. Ms. Schneider indicated that the nly fundraising dne was t hire the attrney t file a petitin. She said that the GFundMe accunt was still active and the nly persn wh culd access the mney was the attrney representing COOLS. She said that she set up the GFundMe accunt as an individual t raise mney fr legal fees and that COOLS did nt have a bank accunt, Web site r links t the GFundMe accunt. Mr. Leiser stated that it was incrrect t state that COOLS had n affiliatin t the GFundMe page because the nly way t find the GFundMe page was by cnducting a search fr Citizen Owners f Lve Street n the site. Cmmissiner Headley asked Mr. Leiser whether r nt he believed there was imprper, special privilege, benefits, r exceptins. Mr. Leiser respnded that he believed there were special financial benefits because funds fr the lawsuit were cllected and ther members f the cmmunity did nt have this privilege. He added that crrupt intent and imprper purpse was applicable as well because as litigants against the prject, the twn fficials saw t its delay r defeat. Regarding wrngful intent, he said that the fficials had reasnable ntice that this was a cnflict and did nt d anything abut it. Ms. Schneider said that fees had already been paid and therefre she wuld clse the GFundMe accunt. COMMISSION ON ETHICS 6 AUGUST 3, 2017
X.a. CONTINUED Mr. Cllins stated that there were pprtunity csts generated by the delay f the prject, which affected its credibility and created uncertainty. Ms. Hague stated that she fllwed the cde when making decisins. She added that she was appinted t the Jupiter Planning and Zning Cmmissin by Tm Kuretski in April 2016 and prir t that, she served as a teacher and wned her wn business. She said that she never had t vte n prjects presenting issues such as waivers being given and cdes being ignred. Mr. Bannn stated that if a quid pr qu existed and n ne knew abut it, then it did make it an imprper vte. Cmmissiner Shullman stated that: The COE needed t cnsider if there was a cnflict and if there was a financial benefit that wuld preclude the twn fficials frm vting n the issue. Ms. Schneider and Ms. Hague frmed a nn-prfit, sued the twn, and raised funds fr the lawsuit, which was a pure cnflict in her pinin. Fundraising was clearly a benefit. Crruptness use did nt nly refer t a financial benefit but any benefit resulting frm an fficial s actins. Vting n an actin when special interest existed was incnsistent with the fficials duties and they shuld nt be able t vte. The advisry pinin shuld be revised t state there was a cnflict. Cmmissiner Headly inquired if the GFundMe page was reviewed prir t issuing the prpsed advisry pinin. Mr. Bannn stated that the GFundMe page was reviewed and discussed in preparatin fr the pinin. (CLERK S NOTE: N mtin was made t publish RQO 17-015.) COMMISSION ON ETHICS 7 AUGUST 3, 2017
XI. EXECUTIVE DIRECTOR COMMENTS Mr. Bannn asked fr directin with regards t RQO 17-015. Chair Kridel stated that in the absence f an advisry pinin, smething else shuld be issued. Cmmissiner Shullman stated that a revised advisry pinin shuld be presented and vted n at the next COE meeting. Mr. Bannn stated that the revised pinin wuld be issued the fllwing mnth. XII. COMMISSION COMMENTS XII.A. DISCUSSED: Welcme Chair Kridel, and cmmissiners Shullman, Pierman, and Headley welcmed Cmmissiner Kummerlen. XII.B. DISCUSSED: Psitin search Chair Kridel thanked the Palm Beach Plice Chiefs Assciatin President, Nrth Palm Beach Plice Chief Rick Jenkins, the Bard f Directrs, and Executive Directr Ted Gnzalez fr helping fill the psitin s quickly after the unfrtunate passing f Michael Lffred. XII.C. DISCUSSED: Gratitude Cmmissiner Kummerlen thanked everyne fr the pprtunity t serve n the COE. XIII. PUBLIC COMMENTS Mr. Cllins inquired abut the prcess and when the revised advisry pinin fr RQO 17-015 wuld be available. COMMISSION ON ETHICS 8 AUGUST 3, 2017
XIII. CONTINUED Chair Kridel stated that the revised advisry pinin wuld be drafted befre the next meeting n September 7, 2017. Ms. Schneider stated that she wuld deactivate the GFundMe page. Chair Kridel clarified that deactivating the GFundMe page was nt a directin given by the COE. XIV. ADJOURNMENT TIME: 3:05 P.M. APPROVED: Chair/Vice Chair COMMISSION ON ETHICS 9 AUGUST 3, 2017