a g e n d a - palm beach county commission on ethics · 2017. 7. 28. · c17-006 e. c17-007 f....
TRANSCRIPT
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Palm Beach County
Commission on Ethics
300 North Dixie Highway
West Palm Beach, FL 33401
561.355.1915
FAX: 561.355.1904
Hotline: 877.766.5920
E-mail: [email protected]
Commissioners
Michael S. Kridel, Chair
Clevis Headley, Vice Chair
Judy M. Pierman
Sarah L. Shullman
Executive Director
Mark E. Bannon
Intake and Compliance Manager
Gina A. Levesque
General Counsel
Christie E. Kelley
Chief Investigator
Anthony C. Bennett
Investigator
Abigail Irizarry
Meeting will begin at 1:30pm Executive Session at 2:00pm
Regular Agenda will resume at 2:45pm
I. Call to Order
II. Roll Call
III. Introductory Remarks
IV. Scheduling Conference Re: C16-011 (Sarah Shullman,
Presiding Commissioner)
V. Approval of Minutes from June 1, 2017
VI. Review of Evidentiary Standards
VII. Executive Session
a. C17-003 b. C17-004 c. C17-005
d. C17-006 e. C17-007 f. C17-008
VIII. Processed Advisory Opinions (Consent Agenda)
a. RQO 17-010
b. RQO 17-012
c. RQO 17-013
IX. Items Pulled from Consent Agenda
a.
X. Executive Director Comments
XI. Commission Comments
XII. Public Comments
XIII. Adjournment
If a person decides to appeal any decision made by this Commission with respect to any matter considered at this meeting or hearing, (s)he will need a record of the proceedings, and that, for such purpose, (s)he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
A g e n d a July 6, 2017 – 1:30 p.m. Governmental Center,
301 North Olive Avenue, 6th Floor Commissioners Chambers
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The evidentiary standard for the filing of a complaint is legal sufficiency.
For legal sufficiency to exist: o the person must be under the jurisdiction of the Commission on
Ethics (COE), and o his or her alleged actions, if true, would be a violation of the Code of
Ethics.
The evidentiary standard for the probable cause hearing is probable cause.
Probable cause exists where there are reasonably trustworthy facts and circumstances that warrant proceeding to a final hearing.
The evidentiary standard for the final public hearing is the “clear and convincing evidence” standard.
Clear and convincing evidence is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue. (Fla. Std. Jury Instr. (Civ.) 405.4.)
Clear and convincing evidence requires more proof than a
‘preponderance of the evidence’ (more likely than not) but less than ‘beyond a reasonable doubt.' It is a medium level standard.
The Fourth District Court of Appeal describes the clear and convincing evidence standard as: o [C]lear and convincing evidence requires that the evidence must be
found to be credible; the facts to which the witnesses testify must be distinctly remembered; the testimony must be precise and explicit and the witness must be lacking in confusion as to the facts in issue. The evidence must be of such weight that it produces in the mind of the trier of fact the firm belief or conviction, without hesitancy, as to the truth of the allegations sought to be established.” Slomowitz v. Walker, 429 So. 2d 797 (Fla. 4th DCA 1983)
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AgendaMinutes from June 1, 2017Evidentiary StandardsRQO17-012RQO17-013Blank Page