HomeMy WebLinkAboutMinutes of Ethics Training Workshop - April 30, 2012 MINUTES OF ETHICS TRAINING WORKSHOP
DANIA BEACH CITY COMMISSION
MONDAY, APRIL 30, 2012 — 6:00 P.M.
1. Call to Order/Roll Call
Mayor Flury called the workshop to order at 6:00 p.m.
Present:
Mayor: Patricia A. Flury
Vice-Mayor: C. K. "Mac" McElyea
Commissioners: Anne Castro
Walter Duke
Bobbie H. Grace
City Manager: Robert Baldwin
City Attorney: Thomas Ansbro
Records Specialist: Judy Felicetty
2. Overview of Broward Ethics Ordinance
City Attorney Ansbro introduced Attorney Robert Meyers with the law firm of Weiss Serota
Helfman Pastoriza Cole and Boniske.
Commissioner Duke asked if Advisory Board members were invited to attend the workshop.
City Attorney Ansbro responded that this training does not apply to Advisory Board members.
Attorney Meyers noted he practices in the areas of ethics and governance, and is the immediate
past Executive Director of the Miami-Dade Commission on Ethics and Public Trust. As the
Ethics Commission's chief executive officer for the last thirteen years, he oversaw all operations,
including enforcement, advice-giving and training/education. He explained that the Ethics
Ordinance became effective January 2, 2012, and that the rules that apply to City Commissioners
are the same ones that apply to County Commissioners. Attorney Meyers distributed handouts to
the Commission with the information included in the PowerPoint overview he presented, which
is attached to and incorporated into these minutes. He remarked that if a Commissioner has any
doubt or questions on what is permissible under this ordinance, they need to ask the City
Attorney for an opinion and it needs to be in writing. It is important to provide the City Attorney
with all material facts relating to the question. Attorney Meyers clarified that if a Commissioner
presents the Inspector General's Office with the "Safe Harbor" written response from the City
Attorney, he will be protected, although there may be certain limitations. He pointed out that the
Inspector General can investigate anything related to local, state or federal ethics law, any
criminal affairs, election and audit issues, as well as several other important matters. Attorney
Meyers further stated that, under this ordinance, there is "zero" tolerance for the acceptance of
gifts,regardless of the value. He added this applies to elected officials and their relatives.
Commissioner Grace questioned if attending meeting/luncheons of different local associations or
organizations would be a violation of the ordinance.
Attorney Meyers responded elected officials should always get a legal opinion from their City
Attorney. He further advised that accepting a gift or not would depend on whether the
Commissioner is attending in an official capacity or a personal capacity. The maximum gift
amount allowed would be $50.00.
City Manager Baldwin asked if the $50.00 gift limitation applicable to elected officials would
also affect municipal office staff.
Attorney Meyers noted that the only municipal office staff member covered by this ordinance is
the Executive Assistant to the City Manager, i.e., Christine Loftier. He added he would interpret
it as a prohibition not as an exemption.
Attorney Meyers described a "lobbyist" as a communication or someone engaged to act on
behalf of a third party to persuade, convince or influence an elected official on a decision or
recommendation. He indicated lobbyists must register with the City; otherwise they are in
violation of the ordinance. Attorney Meyers listed the exemptions under this category.
Commissioner Castro questioned if contacting people like Lynn Shatas, Florida Power and Light
(FPL),regarding street lighting issues would be considered a violation.
Attorney Meyers noted that the content of the communication is what matters. He recommended
that elected officials arrange for meetings to be held at City Hall as opposed to having them
elsewhere. Attorney Meyers further advised that if elected officials want a "Safe Harbor"
opinion, each of them, individually, have to ask the City Attorney, since he will not be able to
provide a blanket opinion to all five Commissioners. He also clarified that, for prior years'
compensation, elected officials will need to report any outside income after the year is over. The
report for 2012 will need to be ready by April 15, 2013.
Discussion followed among Commissioner Castro, Attorney Meyers and City Attorney Ansbro
regarding the length of time an elected official would need to wait after leaving office, in order to
lobby other governments in Broward County.
Attorney Meyers confirmed for City Manager Baldwin that the ordinance only applies to elected
officials, although it will eventually apply to Advisory Board members and employees.
City Manager Baldwin referred to page 7 of the Broward County Ethics Ordinance, Sec.l-19 (b)
8-a. regarding lobbyists. He asked whether state and federal officials would also be exempted
from being considered lobbyists.
Attorney Meyers noted in his opinion,they should be exempted.
Minutes of Ethics Training Workshop 2
Dania Beach City Commission
Monday,April 30,2012—6:00 p.m.
Attorney Meyers advised that elected officials are required to do 8 hours of training every year
and obtain a certification showing it has been completed. He further noted that newly elected
officials are required to have 4-hours of training shortly after assuming office.
6. Adjournment
Mayor Flury adjourned the meeting at 6:55 p.m.
ATTEST: CITY OF DANIA BEACH
LOUISE STILSON, CMC �AavIs r PATRICIA
CITY CLERK ��° _ G MAYOR
Approved: May 22, 2012
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Ad
Minutes of Ethics Training Workshop 3
Dania Beach City Commission
Monday,April 30,2012—6:00 p.m.
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