OFFICIAL MEETING MINUTES OF THE PALM BEACH COUNTY COMMISSION ON ETHICS PALM BEACH COUNTY, FLORIDA DECEMBER 11,2014 THURSDAY COMMISSION CHAMBERS 1:30 P.M. GOVERNMENTAL CENTER I. CALL TO ORDER II. ROLL CALL MEMBERS: STAFF: Salesia V. Smith-Grdn, Chair Michael S. Kridel, Vice Chair Clevis Headley Michael F. Lffred Carmine A. Prire Mark E. Bannn, Cmmissin n Ethics (COE) Senir Investigatr Anthny C. Bennett, COE Investigatr Steven P. Cullen, COE Executive Directr Christie E. Kelley, COE Staff Cunsel Gina A. Levesque, COE Intake Manager ADMINISTRATIVE STAFF: Slibel Rse, Minutes Clerk, Clerk & Cmptrller's Office Ill. INTRODUCTORY REMARKS Chair Salesia Smith-Grdn said that all mbile telephnes shuld be silenced. IV. APPROVAL OF MINUTES FROM OCTOBER 24,2014 (Wrkshp) MOTION t apprve the Octber 24, 2014, minutes. Mtin by Clevis Headley, secnded by Carmine Prire, and carried 5-0. COMMISSION ON ETHICS 1 DECEMBER 11 I 2014
(CLERK'S NOTE: Items V. and VI. were discussed in tandem.) v. BY-LAWS- UPDATE AND APPROVAL Intake Manager Gina Levesque said that the prpsed changes t the by-laws were as fllws: The COE's address needed t be changed frm the Vista Center at 2633 Vista Parkway in West Palm Beach (WPB) t the Histric Palm Beach Cunty Curthuse at 300 Nrth Dixie Highway, Suite 450 in WPB. Public cmment was added t article eight under sectin 1 0 n July 7, 2011. A table f cntents wuld be added at the beginning f the dcument. VI. RULES OF PROCEDURE - UPDATE AND APPROVAL Ms. Levesque stated that the histrical changes t the rules and prcedures were as fllws: On Nvember 7, 2013, disclsures f cnflicts were added t sectin ne, under subsectin 1.6. On September 2, 2010, there was an additin t subsectin 2.4(f), indicating that an advisry pinin submissin culd nt be withdrawn by the submitting party. On July 7, 2011, subsectin 2.4(f) was expanded t state that an advisry pinin may be withdrawn by submitting a written request n later than 10 days befre the meeting. On April 5, 2012, subsectins 2.5(b) and 2.5(d) were amended t require that the executive directr write r review draft pinins. Advisry pinins submitted t the COE were mandatry, nt discretinary. COMMISSION ON ETHICS 2 DECEMBER 11, 2014
VI. - CONTINUED Sectin 2.5(c) was stricken because it made submissins discretinary. On April 5, 2012, the pinin prcessing prtin f subsectin 2.5(f) that referenced sectins 2.7 and 2.5(c) was deleted. On April 5, 2012, subsectin 2.5(d) was created t establish prtcls fr regular and cnsent agenda pinins. Review and apprval f the cnsent agenda pinins was required by the chair r vice chair. If nt apprved, the pinin wuld be remved frm the cnsent agenda and placed n the regular agenda fr discussin. The advisry pinin letter frm was amended t remve the signature requirements frm the executive directr and the chair r vice chair and add ne signature frm staff cunsel. Due t the executive directr's lack f independent authrity fr issuing pinins under sectin 2-260.9., subsectin 2.7 was deleted n April 5, 2012. On Octber 4, 2012, subsectin 2.9 was amended t remve the reference t redacting the requestr's name. The fllwing changes were made t subsectin 3.2(b)2. n September 1, 2011: Municipality jurisdictin wuld cmmence n June 1, 2011. Cunty gvernment jurisdictin remained the same as it was n May 1, 2010. In anticipatin f additinal entities cntracting fr the services f the COE, the effective date wuld be the entity's cntract date. On September 1, 2011, subsectin 4.1 (b) was revised t require ntificatin t the respndent within 20 days f finding legal sufficiency. COMMISSION ON ETHICS 3 DECEMBER 11, 2014
VI. -CONTINUED On March 3, 2011, self-initiated cmplaints were added t subsectins 4.1.1, 4.1.2 and 4.1.3. After a Nvember 7, 2013 amendment, the executive directr was nw allwed t dismiss legally insufficient cmplaints withut presentatin t the COE. On September 1, 2011, the rules gverning preliminary investigatins and the settings f a final hearing were revised t require an autmatic setting within 120 days f a prbable cause determinatin. Language regarding referrals was added t subsectin 4.6 n Nvember 1 2012. Subsectin 5.4 was amended n December 2, 2010 t replace the wrds "alleged vilatr" with "respndent". The prcedure fr releasing public recrds upn prbable cause determinatin was added t subsectin 5.4.1. n December 2, 2010. On Nvember 3, 2011, subsectin 5.8's request fr public hearing was deleted. The language was inapplicable since cases were autmatically set within 120 days f finding a prbable cause. On September 1, 2011, subsectin 6.4(a) was amended t change the wrd "may" in the first line t the wrd "shall". Subsectin 6.4(b) was amended n Nvember 7, 2013 t clarify the cmmissiner disqualificatin terms and prcedures. On September 1, 2011, subsectin 8.1 was amended t reflect that public hearings were nt discretinary and autmatically scheduled upn a finding f prbable cause. Subsectin 8.2(a) was amended n September 1, 2011 t reflect the June 1, 2011 Cde f Ethics (Cde) revisin. COMMISSION ON ETHICS 4 DECEMBER 11, 2014
VI. - CONTINUED On Octber 6, 2011, subsectin 8.2(a) was amended t remve the appearance f tw separate standards f prfs. Sectin ne and tw needed updated rdinance numbers. MOTION t apprve the administrative changes that were recited and made in the by-laws and in the prcedure rules. Mtin by Carmine Prire and secnded by Clevis Headley, and carried 5-0. SECOND MOTION t apprve the acceptance f bth dcuments, the by-laws and the prcedure rules, as presented and finalized. Mtin by Carmine Prire and secnded by Clevis Headley, and carried 5-0. VII. PROCESSED ADVISORY OPINIONS (CONSENT AGENDA) Vll.a RQO 14-035 Vll.b RQO 14-036 Steven Cullen, COE Executive Directr, said that there was additinal language added t item ROO 14-036. Chair Smith-Grdn pulled item RQO 14-036 frm the cnsent agenda. MOTION t apprve the cnsent agenda as amended. Mtin by Carmine Prire, secnded by Clevis Headley, and carried 5-0. VIII. ITEMS PULLED FROM CONSENT AGENDA Vlll.a Request fr Opinin (RQO) 14-036 Mr. Cullen stated that: Village f Wellingtn Cuncilman Hward Cates explained t staff that he was nt presented with details cncerning the precise amunt f land within a Planned Unit Develpment and that he was cncerned abut the requests' brad language. Staff added mre details and clarified the pinin. COMMISSION ON ETHICS 5 DECEMBER 11, 2014
Vlll.a. - CONTINUED MOTION t apprve prcessed advisry pinin letter RQO 14-036. Mtin by Michael Kridel, secnded by Clevis Headley, and carried 5-0. IX. PROPOSED ADVISORY OPINIONS IX.a RQO 14-037 Staff Cunsel Christie Kelley said that: A cunty emplyee asked if his utside business r emplyer culd cmpete fr cunty cntracts. Staff submitted that: The Cde prhibited an emplyee frm entering int any cntract between his public emplyer and his utside emplyer r business. A business f which a member f his husehld had at least five percent wnership was prhibited frm cntracting with his public emplyer. The Cde prvided exceptins t the cntractual relatins prhibitin which culd apply t his situatin. The exceptins were: The sealed and lw bid system which may be utilized if the emplyee did nt participate in the determinatin f bid specificatins r did nt use his fficial psitin t influence his public emplyer. A statement must be filed with the Supervisr f Electins and the COE disclsing the individual's interest in the business prir t submitting the bid. If the utside emplyer r business was the sle surce f the services within the Cunty, a sle surce exceptin may be used. The Cde prvided an exceptin fr cntract r transactins ttaling less than $500 per calendar year. COMMISSION ON ETHICS 6 DECEMBER 11, 2014
IX.a - CONTINUED Unless ne f the exceptins t the cntractual relatin prhibitin applied, the emplyee's utside business r emplyer may nt enter int a cntract fr services with the Cunty. MOTION t apprve prcessed advisry pinin letter RQO 14-037. Mtin by Michael Kridel, secnded by Clevis Headley, and carried 5-0. IX.b. RQO 14-038 Mr. Cullen stated that: The directr f Human Resurces fr the City f Belle Glade asked if city emplyees may participate as a team in the American Cancer Sciety's Relay fr Life f the Glades Walk fr Cancer. The Cde did nt prhibit the participatin f city emplyees in a charitable event prviding that there was n quid pr qu r ther special cnsideratins, including any direct r indirect special financial benefit t the fficial r emplyee being slicited. Shuld the emplyees desire t slicit frm vendrs, lbbyists, bidders, principals r emplyers f lbbyists, they wuld need t disclse thse slicitatins in a slicitatin lg. MOTION t apprve prcessed advisry pinin letter RQO 14-038. Mtin by Carmine Prire, secnded by Michael Lffred, and carried 5-0. X. CONTINUED DISCUSSION OF AMENDMENT TO ORDINANCE Chair Smith-Grdn said that: The rdinance that was vted n at the previus meeting gave citizens the chice f having an independent hearing fficer at a trial functin. There were discussins with the Bard f Cunty Cmmissiners (BCC) cncerning the pl frm which lawyers r judges wuld be selected. She recmmended tabling the advancement t the BCC until after the meeting between staff and Patience Burns, the Executive Directr f the Palm Beach Cunty Bar Assciatin (Bar). COMMISSION ON ETHICS 7 DECEMBER 11, 2014
X. - CONTINUED Chief Assistant Cunty Attrney Lenard Berger stated that the criteria fr individuals t qualify fr the pl were: Flrida Bar Assciatin (Bar) membership; expertise and experience with varius aspects f administrative law; and, n cnflict f interest with the gverning bdy that hired them. Chair Smith-Grdn suggested that the COE allw staff and Ms. Burns t determine the qualified lawyers r retired judges. Cmmissiner Carmine Prire said that the Cunty ffered the use f magistrates, wh were currently emplyed, as hearing fficers. Chair Smith-Grdn said that: There was n charge t the taxpayers fr having the pl f hearing fficers. The trier f fact shuld have significant training and backgrund in ethics. Cmmissiner Prire stated that the trier f fact shuld be able t determine whether r nt an individual vilated the Cde and had prbable cause. Mr. Cullen said that there had nt been a final trial in the Cunty since the COE began. Cmmissiner Prire stated that the COE's respnsibility was t determine whether r nt an individual had prbable cause and anything beynd that fell utside the cmmissin's purview. Vice Chair Michael Kridel said that he believed that there was n frmal ethics training fr attrneys wh were in the pl. Mr. Berger stated that there were between seven t 12 individuals in the pl wh were paid by the Cunty. Cmmissiner Michael Lffred suggested cnducting a training sessin fr the current pl. COMMISSION ON ETHICS 8 DECEMBER 11, 2014
X. - CONTINUED Chair Smith-Grdn directed staff t determine trial ptins with the Bar and reprt back n hw the selectin f the trier f fact wuld be handled. Mr. Cullen said that staff wuld wrk with Cunty Administratin t address the prpsal t the sec. Cmmissiner Prire stated that whether an individual charged with a vilatin shuld be able t elect t have a public hearing cnducted by the COE, a threepersn panel designated by the COE chair, r a hearing fficer. MOTION t direct staff t determine the criteria and the qualificatins fr the hearing fficers. Mtin by Clevis Headley, secnded by Vice Chair Michael Kridel and carried 5-0. XI. EXECUTIVE DIRECTOR COMMENTS Xl.1. DISCUSSED: Annual Cmmissin On Ethics Reprt. Mr. Cullen said that the annual reprt wuld be available at the January 7, 2015 meeting. Xl.2. DISCUSSED: Cnference n Gvernment Ethics Laws. Mr. Cullen stated that he attended the Cnference n Gvernment Ethics Laws with COE Investigatr Anthny Bennett. He said that they learned mre abut prblems the COE encuntered and ways t reslve them. Xl.3. DISCUSSED: Letters. Mr. Cullen said that letters were sent t cnstituents abut specific laws cncerning charitable slicitatin and husing rent. (CLERK'S NOTE: Item XIII. was taken up at this time.) COMMISSION ON ETHICS 9 DECEMBER 11, 2014
XIII. PUBLIC COMMENTS Xlll.1. DISCUSSED: Office f Prgram Plicy Analysis and Gvernment Accuntability (OPPAGA) and Due Prcess. Senatr Jseph Abruzz said that he submitted a request fr an OPPAGA review rather than a lcal audit. He expressed cncerns with the existing due prcess and believed that the COE wuld prvide an ptin t mve frward with a trial if needed. Chair Smith-Grdn stated that she believed that staff's effrts t educate the public n ethics and ethics refrm wuld result in a citizen nt needing a first, secnd r third chice fr a hearing fficer. Xlll.2. DISCUSSED: Prpsed Drafting Cmmittee, the OPPAGA review and the Hearing Officers Pl. League f Cities Executive Directr Richard Radcliffe requested a timeline n when the recmmendatin fr a drafting cmmittee wuld be submitted t the BCC. Chair Smith-Grdn stated that the drafting cmmittee idea had t be cnsidered by the COE and culd pssibly be scheduled fr February 2015. Mr. Radcliffe said that the League f Cities supprted the OPPAGA review. He added that the individuals selected fr the pl shuld be familiar with the 370 advisry pinins that were prcessed. Xlll.3. DISCUSSED: Public's Trust Cncern. Bart Nvack stated that a member f the COE was fund guilty f neptism. He said that it was a breach f the public's trust and that the individual shuld resign r be remved frm the cmmissin. Chair Smith-Grdn stated that COE cmmissiners were vetted befre their appintments and she thanked all the cmmissiners fr the service they prvided t the cmmunity. COMMISSION ON ETHICS 10 DECEMBER 11, 2014
(CLERK'S NOTE: The agenda's numerical rder was restred.) XII. COMMISSION COMMENTS- Nne XIII. Page 10 XIV. ADJOURNMENT At 2:43 p.m., the chair declared the meeting adjurned. APPROVED~ ChairNice Chair COMMISSION ON ETHICS 11 DECEMBER 11, 2014