FLORIDA STATUTE ON ETHICS TRAINING Ethics training for specified constitutional officers and elected municipal officers. (1) As used in this

Similar documents
ETHICS LAWS/GIFTS AND DISCLOSURE REQUIREMENTS

Broward College Focused Report August 26, 2013

FLORIDA COMMISSION ON ETHICS. GUIDE to the SUNSHINE AMENDMENT and CODE of ETHICS for Public Officers and Employees

State of Florida COMMISSION ON ETHICS P.O. Drawer Tallahassee, Florida

CLAY COUNTY HOME RULE CHARTER Interim Edition

SECTION 1. HOME RULE CHARTER

H O M E R U L E C H A R T E R

Local Government Employee Lobbyists 2010 Legislative Update

PART III CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES

CHAPTER 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS PART III CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES (ss

6Gx13-8C School Board--Methods of Operation LOBBYISTS. I. Purpose

CONFLICTS DOING BUSINESS WITH THE CITY VOTING CONFLICTS

STATE OF NEW JERSEY. ASSEMBLY, No ASSEMBLY APPROPRIATIONS COMMITTEE STATEMENT TO. with committee amendments DATED: DECEMBER 15, 2016

CHAPTER Senate Bill No. 1204

State Qualifying Handbook

THE REVISED BROWARD CODE OF ETHICS FOR ELECTED OFFICIALS BROWARD OFFICE OF THE INSPECTOR GENERAL

New Jersey School Boards Association

CHAPTER House Bill No. 943

Supervisor s Handbook on Candidate Qualifying

ENROLLED 2017 CRC P REVISION 7 A proposal to revise the State Constitution by the Constitution Revision Commission of Florida.

POLK COUNTY CHARTER AS AMENDED November 4, 2008

Polk County Charter. As Amended. November 6, 2018

Florida Senate CS for SB 1116 By the Committee on Ethics and Elections; and Senators Posey, Lawson, Bronson and Sebesta

ETHICS GUIDELINES FOR DANE COUNTY ELECTED OFFICIALS Dane County Corporation Counsel

BYLAWS OF NEW DIMENSIONS HIGH SCHOOL SCHOOL ADVISORY COUNCIL (SAC) FOR THE SCHOOL DISTRICT OF OSCEOLA COUNTY, FLORIDA

State of Florida COMMISSION ON ETHICS P.O. Drawer Tallahassee, Florida

CHARLOTTE COUNTY CHARTER

, Florida Statues

Chairs Taniguchi and Dela Cruz, Vice Chairs Kahele and Slom, and members of the committees:

HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS REFERENCE ACTION ANALYST STAFF DIRECTOR

{As Amended by House Committee of the Whole} As Amended by House Committee. As Amended by Senate Committee. SENATE BILL No. 50

Home Rule Charter. Approved by Hillsborough County Voters September Amended by Hillsborough County Voters November 2002, 2004, and 2012

Florida Attorney General Advisory Legal Opinion

Define : Appointment confirmation:

Ohio Elections Commission & Campaign Finance Law

Section 1: Definitions and Interpretation Section 2: Mission and Objectives of the College... 7

Brian E. Corley. Supervisor of Elections Pasco County. like us on facebook. scan code to visit

LOUISIANA DEVELOPMENTAL DISABILITIES COUNCIL. Policies and Procedures Manual and Bylaws

BECOMING A CANDIDATE IN FLAGLER COUNTY

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 704

BYLAWS OF EMPLOYEES' ADVISORY COUNCIL TO THE PERSONNEL BOARD OF THE PINELLAS COUNTY UNIFIED PERSONNEL SYSTEM

ETHICS CODE FOR SCHOOL BOARD MEMBERS. public trust and confidence in government in general and The School Board of Broward County,

Social Studies Lesson Plan- SS.3.C.3.3. Recognize that every state has a state constitution

TAMPA BAY AREA REGIONAL TRANSIT AUTHORITY BYLAWS

CHAPTER House Bill No. 1701

Ohio Criminal Sentencing Commission Current Enabling Statute Ohio Rev. Code Ann (2018)

MEMORANDUM To: FEC Commissioners

(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 SESSION LAW SENATE BILL 612

FLORIDA ADMINISTRATIVE CODE (FAC) CHAPTERS 61B-15 through -25, and 61B-45, -50, -76, -78, and -83

1 SB By Senator Albritton. 4 RFD: Education and Youth Affairs. 5 First Read: 09-JAN-18 6 PFD: 12/05/2017. Page 0

The Saskatchewan Financial Services Commission Act

LAND DEVELOPMENT CODE

Mediation Without Litigation

Board of Trustees Bylaws

LEVELS & BRANCHES OF GOVERNMENT LEVELS OF GOVERNMENT

State of Florida COMMISSION ON ETHICS P.O. Drawer Tallahassee, Florida

Boards, Authorities and Special Districts Pinellas County. License Board for Children s Centers and Family Day Care Homes

1 SJR By Senators Orr, Reed and Marsh. 4 RFD: Rules. 5 First Read: 09-JAN-18. Page 0

WHEREAS, section , Florida Statutes, provides that charter counties may

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 1279

CHAPTER Committee Substitute for House Bill No. 1091

ARKANSAS ETHICS COMMISSION

MEMORANDUM. Legal Staff of All City Boards, Commissions and Co7fnittees. Rules of Procedure at Sunshine Board and Committee Meetings

Lesson Title: Comparing Federal and State Government. Author: Jody Butts, Susquehanna Valley High School

BYLAWS. ARTICLE I Board of Directors. Section 1. Purpose. The purpose of the Florida International University Research

New Zealand Institute of Chartered Accountants RULES OF THE NEW ZEALAND INSTITUTE OF CHARTERED ACCOUNTANTS EFFECTIVE 26 JUNE 2017 CONTENTS

Levy County Candidate Handbook

TEXAS ETHICS COMMISSION BIENNIAL REPORT FOR

State of Florida. COMMISSION ON ETHICS P.O. Drawer Tallahassee, Florida

CHARTER [1] Footnotes: --- (1) --- Section 1 - HOME RULE CHARTER. Page 1

ADMINISTRATIVE PROCEDURE SAN DIEGO UNIFIED SCHOOL DISTRICT

Don t just stand there...

The official, corporate name of the School District shall be Reorganized R-IV School District of Buchanan County.

Broward College Focused Report August 26, 2013

BOARD AND COMMITTEE HANDBOOK TOWN OF SOUTH HADLEY, MASSACHUSETTS

By-Laws of the Panel for Educational Policy of the Department of Education of the City School District of the City of New York PREAMBLE

Supreme Court of Florida

OPERATING PROCEDURES OF THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES

PLANNING AREA BOUNDARY ADJUSTMENT and MEMBERSHIP REAPPORTIONMENT PLAN

THE LOUISIANA CODE OF GOVERNMENTAL ETHICS

Election Dates and Activities Calendar

CHAPTER Senate Bill No. 2058

Annual Report to the Florida Legislature For Calendar Year 2013

BYLAWS: THE COUNCIL FOR THE ACCREDITATION OF EDUCATOR PREPARATION, INCORPORATED

FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY STUDENT BODY CONSTITUTION PREAMBLE

ORACLE CORPORATION CORPORATE GOVERNANCE GUIDELINES (As last amended by the Board of Directors on May 3, 2017)

FLORIDA COUNCIL ON THE SOCIAL STATUS OF BLACK MEN AND BOYS COMMUNITY REPRESENTATIVE APPLICATION

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT REQUEST FOR PROPOSALS ("RFP") DISTRICT INSPECTOR GENERAL/INTERNAL AUDIT SERVICES RFP #12-002

BECOMING A CANDIDATE IN FLAGLER COUNTY

OKALOOSA-WALTON JOBS AND EDUCATION PARTNERSHIP, INC. CAREERSOURCE OKALOOSA WALTON BY-LAWS

Annual Report to the Florida Legislature For Calendar Year 2018

Election Dates and Activities Calendar

(1) This article shall be titled the Office of Inspector General, Palm Beach County, Florida Ordinance.

COMPLEX CONSTRUCTION CASE MANAGEMENT ORDER. It is, ORDERED AND ADJUDGED that, unless later modified by Order of this Court,

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018

Finalized Salaries of Elected County Constitutional Officers and Elected School District Officials for Fiscal Year 2008

Charter Government Comparative Practices

6Gx13-8A School Board Powers and Duties OFFICE OF INSPECTOR GENERAL

Recall of County Commissioners

Transcription:

FLORIDA STATUTE ON ETHICS TRAINING 112.3142 Ethics training for specified constitutional officers and elected municipal officers. (1) As used in this section, the term constitutional officers includes the Governor, the Lieutenant Governor, the Attorney General, the Chief Financial Officer, the Commissioner of Agriculture, state attorneys, public defenders, sheriffs, tax collectors, property appraisers, supervisors of elections, clerks of the circuit court, county commissioners, district school board members, and superintendents of schools. (2)(a) All constitutional officers must complete 4 hours of ethics training each calendar year which addresses, at a minimum, s. 8, Art. II of the State Constitution, the Code of Ethics for Public Officers and Employees, and the public records and public meetings laws of this state. This requirement may be satisfied by completion of a continuing legal education class or other continuing professional education class, seminar, or presentation if the required subjects are covered. (b) Beginning January 1, 2015, all elected municipal officers must complete 4 hours of ethics training each calendar year which addresses, at a minimum, s. 8, Art. II of the State Constitution, the Code of Ethics for Public Officers and Employees, and the public records and public meetings laws of this state. This requirement may be satisfied by completion of a continuing legal education class or other continuing professional education class, seminar, or presentation if the required subjects are covered. (c) The commission shall adopt rules establishing minimum course content for the portion of an ethics training class which addresses s. 8, Art. II of the State Constitution and the Code of Ethics for Public Officers and Employees. (d) The Legislature intends that a constitutional officer or elected municipal officer who is required to complete ethics training pursuant to this section receive the required training as close as possible to the date that he or she assumes office. A constitutional officer or elected municipal officer assuming a new office or new term of office on or before March 31 must complete the annual training on or before December 31 of the year in which the term of office began. A constitutional officer or elected municipal officer assuming a new office or new term of office after March 31 is not required to complete ethics training for the calendar year in which the term of office began. (3) Each house of the Legislature shall provide for ethics training pursuant to its rules. 1

FLORIDA COMMISSION ON ETHICS RULE 34-7.025 Ethics Training Course Content. (1) Beginning in 2013, constitutional officers are required by Section 112.3142, F.S., to complete four (4) hours of ethics training each calendar year. (2)(a) In addition to receiving training on Florida's public records laws (Chapter 119, F.S.) and open meetings laws (Chapter 286, F.S.), constitutional officers are required to obtain ethics training that is derived from Article II, Section 8, Florida Constitution, "Ethics in Government," and Chapter 112, Part III, F.S., the "Code of Ethics for Public Officers and Employees." (b) Providers may develop and offer courses using a "menu" approach to fulfill agency-specific training needs. Subjects that must be covered in training shall include one or more of the following: 1. Doing business with one's own agency; 2. Conflicting employment or contractual relationships; 3. Misuse of position; 4. Disclosure or use of certain information; 5. Gifts and honoraria, including solicitation and acceptance of gifts, and unauthorized compensation; 6. Post-officeholding restrictions; 7. Restrictions on the employment of relatives; 8. Voting conflicts when the constitutional officer is a member of a collegial body and votes in his or her official capacity; 9. Financial disclosure requirements, including the automatic fine and appeal process; 10. Commission procedures on ethics complaints and referrals; and 11. The importance of and process for obtaining advisory opinions rendered by the Commission. (3) Providers are encouraged to seek accreditation from The Florida Bar for courses offered pursuant to Section 112.3142, F.S., so that attendees who are members of The Florida Bar may also obtain continuing legal education credit for course attendance. 2

CEO 13-15 - September 18, 2013 TRAINING ETHICS TRAINING REQUIREMENTS FOR CONSTITUTIONAL OFFICERS To: Name withheld at person's request SUMMARY: Guidance is provided concerning newly-enacted legislation requiring ethics training for Constitutional Officers. BACKGROUND: On behalf of the Osceola County Board of County Commissioners, you request guidance with respect to a number of questions pertaining to the training requirements of Chapter 2013-36, Laws of Florida (CS SB 2). The law went into effect May 1, 2013, and amends the Code of Ethics to create Section 112.3142, Florida Statutes, which provides: Ethics training for specified constitutional officers. (1) As used in this section, the term "constitutional officers" includes the Governor, the Lieutenant Governor, the Attorney General, the Chief Financial Officer, the Commissioner of Agriculture, state attorneys, public defenders, sheriffs, tax collectors, property appraisers, supervisors of elections, clerks of the circuit court, county commissioners, district school board members, and superintendents of schools. (2)(a) All constitutional officers must complete 4 hours of ethics training annually that addresses, at a minimum, s. 8, Art. II of the State Constitution, the Code of Ethics for Public Officers and Employees, and the public records and public meetings laws of this state. This requirement may be satisfied by completion of a continuing legal education class or other continuing professional education class, seminar, or presentation if the required subjects are covered. (b) The commission shall adopt rules establishing minimum course content for the portion of an ethics training class that addresses s. 8, Art. II of the State Constitution and the Code of Ethics for Public Officers and Employees. (3) Each house of the Legislature shall provide for ethics training pursuant to its rules. 3

QUESTION 1: May the County Attorney's Office, other local government attorney, or any person with knowledge of the required subjects provide the training? Your question is answered in the affirmative. The statute does not mandate that the training come from any particular source. Further, as you observe, the language of the statute provides that the training requirement "may be satisfied by completion of a continuing legal education class or other continuing professional education class, seminar, or presentation if the required subjects are covered." Accordingly, it is our view that any knowledgeable person or entity may provide the training. However, public officers and employees should remember that ultimate responsibility for compliance with the Code of Ethics lies with the individual public officer or employee, and that receipt of erroneous information is not generally a defense to an allegation that an official has violated the Code. Therefore, the official should take steps to assure him-or-herself that the provider has sufficient expertise in the subject matter to provide meaningful and accurate information. QUESTION 2: a) Could the training requirement be satisfied through attendance of a pre-recorded program or webinar? This question is answered in the affirmative. Nothing in the law requires attendance at any specified class or training program, or specifies that the program be presented "live," i.e., with a teacher and learner physically present in the same room. b) Could the training requirement be satisfied through a review of written materials by the official? To the extent that such review is part of a formalized study program, the requirement could be satisfied through a review of written materials. For example, the training linked to our website (and for which our staff prepared the content) largely consists of review by the learner of written materials, 4

followed by questions for the learner to answer, and would meet the requirements of the new law. However, the requirement could not be satisfied by a self-directed learning program consisting of the official's review of materials he-or-she selects independently. By using the term "training" the statute contemplates education which is provided by persons proficient in the subject matter, rather than self-study. QUESTION 3: Is the hourly requirement minute-for-minute? This question is answered in the negative. As you point out, continuing legal education courses offered by The Florida Bar are provided in credit "hours" that actually last only 50 minutes. As courses offered by the Bar appear to be specifically contemplated by the legislation, the credit hour measurement of such courses was presumably contemplated also. Accordingly, it is our view that a 50-minute "hour" would satisfy one hour of the training requirement, whether it is a Bar Continuing Legal Education for attorneys or is other training for attorney or non-attorney Constitutional officers. QUESTION 4: Is the annual requirement measured by calendar year? This question is answered in the affirmative. The new law requires four hours training "annually," but does not define that term. When construing a statute, courts attempt to give effect to the Legislature's intent, looking first to the actual language used in the statute and its plain meaning. See, Daniels v. Fla. Dep't of Health, 898 So. 2d 61, 64 (Fla. 2005). When considering the meaning of terms used in a statute, the courts look to the terms' ordinary definitions, which may be derived from dictionaries. See, Metro. Cas. Ins. Co. v. Tepper, 2 So. 3d 209, 214 (Fla. 2009). The question here lies not with defining the term "annually," there seems to be no dispute that the term means "every year." Rather, the question is: what constitutes a "year"? The first definition of "year" in Black's Law Dictionary, Ninth Edition, 2009, is, "Twelve calendar months beginning January 1 and 5

ending December 31. Also termed calendar year." (Emphasis in original.) The first definition of the term "year," in the Webster's New World College Dictionary, Fourth Edition, 2010, is "a period of 365 days (in a leap year, 366 days) divided into 12 months and regarded in the Gregorian calendar as beginning Jan. 1 and ending the following Dec. 31." In keeping with the manner in which the courts interpret statutory language, as described above, we find this is the appropriate definition to be applied in determining the meaning of the term "annually."1 This view is consistent with the apparent legislative intent of Ch. 2013-36. Senate Bill 2 was the expression of the Florida Legislature's commitment to ethics reform. In addition to the training requirement, it imposed a variety of other new requirements on public officers and employees, and it was the very first bill passed out of the Legislature, which chose to make it effective immediately upon signing. All these factors suggest the Legislature intended that the changes be implemented without delay and that the affected officials obtain the training within the eight months remaining in 2013 after the bill's passage. Although you suggest that using a calendar year may cause a hardship for officials who take office late in the year, the same would be true if the measurement used were a fiscal year, or May 1 (the date the law became effective) through April 30, or any other measurement of a "year" which has a specific starting and ending date. Instances in which Constitutional officers take office late in the calendar year will be relatively rare, as most elections for those offices are held in November, with the successful candidate taking office in January of the following year. Even in cases where there is a special election late in the year, or an appointment to fill a vacancy, we note that the law only requires four hours of training. Given the availability of online sources of training, it does not appear that the hardship, if any, would be unduly difficult to overcome. Accordingly, it is our view that "annually," as used in Section 112.3142, means occurring between January 1 and December 31 of each and every year, beginning with the year 2013. 6

QUESTION 5: Must the training have been recently created? This question is answered in the negative. Ch. 2013-36, in addition to adding a training requirement, also made other changes to the ethics laws. All of these became effective May 1, 2013. Thus, training provided prior to May 1, 2013, and some training available through online outlets such as The Florida Bar, were rendered out of date with respect to some aspects of the Code. This presents a dilemma for the public officials affected by the training requirement. An official may have already taken the requisite number of hours, or may wish to purchase an existing training program from the Bar or other source, but in either case the information would not be completely current, and sources of up-to-date content may not be plentiful. In light of that reality, it is our view that training taken in 2013, whether it reflects the law as it stood prior to May 1, 2013, or reflects the changes in the law, should "count" toward satisfaction of the training requirement. Again, we caution that compliance with the law is the responsibility of the individual public officer or employee, and that reliance on out-of-date information will not be a defense to an allegation of a violation of the Code. Thus it is to the official's advantage to seek out training that is current. Your questions are answered accordingly. ORDERED by the State of Florida Commission on Ethics meeting in public session on September 13, 2013, and RENDERED this 18th day of September, 2013. 7

CEO 13-24 - December 18, 2013 TRAINING COMPOSITION OF TRAINING HOURS To: Rob Teitler, Attorney SUMMARY: A training program composed of two hours on the subject of the Code of Ethics for Public Officers and Employees or Article II, Section 8, Florida Constitution, and one hour each of open meetings and public records, would satisfy the four-hour training requirement imposed by Section 112.3142, Florida Statutes. QUESTION: Would a training program comprising two hours of ethics and one hour each of public records and open meetings satisfy the training requirement imposed by Section 112.3142, Florida Statutes? Your question is answered in the affirmative. You write that you are an attorney who is a member of the Executive Council of the City, County and Local Government Law Section of The Florida Bar, and that you are responsible for the Section's annual Sunshine Law, Public Records and Ethics seminar, held each February in Tallahassee. This seminar, you advise, includes segments on open meetings, or "sunshine" law, public records, and several public-service-ethics topics under the Florida Code of Ethics for Public Officers and Employees. You would like to organize the schedule for the 2014 seminar in such a way as to provide a discrete fourhour block of time which will satisfy the four-hour training requirement of newly-enacted Section 112.3142, Florida Statutes, because you believe doing so will increase attendance at the seminar as well as enhance the marketability of the program. Your question centers on the required content of the four-hour statutory training requirement. Specifically, you inquire whether a one hour public records overview segment; a one hour sunshine law overview segment; and two one-hour segments of subjects from the Florida Code of Ethics (i.e., gifts, conflicts, reporting) would satisfy the requirement. Section 112.3142, Florida Statutes, became effective May 1, 2013, through Ch. 2013-36, Laws of Florida. It states: 8

Ethics training for specified constitutional officers.- (1) As used in this section, the term "constitutional officers" includes the Governor, the Lieutenant Governor, the Attorney General, the Chief Financial Officer, the Commissioner of Agriculture, state attorneys, public defenders, sheriffs, tax collectors, property appraisers, supervisors of elections, clerks of the circuit court, county commissioners, district school board members, and superintendents of schools. (2)(a) All constitutional officers must complete 4 hours of ethics training annually that addresses, at a minimum, s. 8, Art. II of the State Constitution, the Code of Ethics for Public Officers and Employees, and the public records and public meetings laws of this state. This requirement may be satisfied by completion of a continuing legal education class or other continuing professional education class, seminar, or presentation if the required subjects are covered. (b) The commission shall adopt rules establishing minimum course content for the portion of an ethics training class that addresses s. 8, Art. II of the State Constitution and the Code of Ethics for Public Officers and Employees. (3) Each house of the Legislature shall provide for ethics training pursuant to its rules. While calling for four hours of training in the areas of ethics, public records, and public meetings, the legislation is silent as to what combination of hours and topics will satisfy the requirement. As the Legislature has not indicated a preference for a particular combination, it is our view that the combination you propose-two hours of ethics, one hour of open meetings, and one hour of public records, would satisfy the requirement. Accordingly, we find that the training program you propose, comprising two hours of ethics training1 and one hour each of public records and open meetings training, would satisfy the requirement imposed by Section 112.3142, Florida Statutes. ORDERED by the State of Florida Commission on Ethics meeting in public session on December 13, 2013, and RENDERED this 18th day of December, 2013. 9