orange county charter review commission orientation open government and ethics kate latorre...

Orange CountyCharter Review Commission

Orientation

Open Government and Ethics

Kate LatorreAssistant County Attorney

February 12, 2015

CRC OrientationCRC OrientationOpen Government & Ethics LawsOpen Government & Ethics Laws

Sunshine Law

Public Records Law

Financial Disclosure

Ethics Laws

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Sunshine Law

Public Records Law


Ethics Laws

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SUNSHINE LAWSUNSHINE LAW

Provides right of access to governmental proceedings

Applies to both elected and appointed boards

General Rule – All meetings at which official acts are taken or public business is transacted or discussed shall be open and noticed to the public

Article I, Section 24, Florida ConstitutionSection 286.011, Florida Statutes

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SUNSHINE LAW SUNSHINE LAW (con’t)(con’t)

Sunshine Law applies to:

– Any meeting– Between two or more members of the same board– When discussing matters that may foreseeably come

before that board

“Meeting” includes:

– CRC meetings; work group meetings– Telephone calls and text messages– Emails and other written correspondence– Informal discussions or deliberations

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Sunshine Law meetings are subject to three basic requirements:

–Meeting must be noticed to public

–Meeting must be open to public

–Minutes must be recorded



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▪ “Reasonable notice”

– Not defined by statute

– Notice given at such time and in such manner that media and general public may attend meeting

– Attorney General’s office recommends at least seven (7) days’ notice

– Dependent on circumstances and type of meeting



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Meetings must be open to public

– Location easily accessible to public

–Adequate size

–May not discriminate against or restrict access to public



Minutes

– Promptly recorded in writing

– Available and open to public for inspection and copying

– Consist of brief notes reflecting events of meeting

– Audio recording permitted but not required



Penalties

– Non-criminal:

– Fine up to $500

– Criminal:

– Knowing violation is 2nd degree misdemeanor

– Fine up to $500– Imprisonment up to 60 days– Suspension or removal from office by

Governor10




Sunshine Law

Public Records Law


Ethics Laws

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PUBLIC RECORDS LAWPUBLIC RECORDS LAW

Provides right of access to government records

General Rule – Every person has the right to inspect or copy any public record made or received in connection with the transaction of the official business of any public body

Exemptions provided by statute

Article I, Section 24, Florida ConstitutionSection 119.07, Florida Statutes

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Right of access applies to:

– All materials;– Made or received by an agency;– In connection with the transaction of official business;

and– Used to perpetuate, communicate or formalize

knowledge

Includes all documents regardless of physical form, characteristics, or means of transmission

‾ Drafts‾ Telephone logs‾ Emails‾ Computer discs

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PUBLIC RECORDS LAW PUBLIC RECORDS LAW (con’t)(con’t)


PUBLIC RECORDS LAW PUBLIC RECORDS LAW (con’t)(con’t)

Penalties

– Non-criminal:

– Fine up to $500

– Criminal:

– Knowing violation is 1st degree misdemeanor– Imprisonment up to one year– Suspension or removal from office

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Sunshine Law

Public Records Law


Ethics Laws

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FINANCIAL DISCLOSUREFINANCIAL DISCLOSURE

Members have been provided a Form 1 for initial disclosure

– Identifies sources and types of financial interests– Due within 30 days of appointment– Thereafter, due no later than July 1st for previous

calendar year.

File form with the Orange County Supervisor of Elections

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Sunshine Law

Public Records Law


Ethics Laws

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ETHICS LAWSETHICS LAWS

Gift Law

Anything of value given for nothing in return

– Money– Food & beverages– Services– Real estate– Membership dues

Gifts do not include:

– Salary, benefits, commissions associated with employment– Campaign contributions– Awards or plaques given in recognition of service

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Gift Law (con’t)

May not ask for or accept anything of value based on understanding that it will influence your vote

May not accept anything of value when you know or should know it is intended to influence your vote

May not solicit gifts from County vendor, political committee, lobbyist or employer of lobbyist

May not accept gift valued at more than $100 from County vendor, political committee, lobbyist or employer of lobbyist


ETHICS LAWS ETHICS LAWS (Con’t)(Con’t)

Gift Law (con’t)

May accept gifts:

– From relatives

– On behalf of charities or the County

– From persons not otherwise identified herein

Gifts accepted and valued at more than $100 must be reported quarterly

‒ Value based on actual cost to donor

‒ Report due on last day of each calendar quarter for the previous quarter



Voting Conflicts

Required to abstain from voting

No participation (i.e. attempt to influence decision) without first disclosing nature of interest

Voting conflict exists if measure under consideration would cause a special private gain or loss to public officer, or a business associate or relative of the public officer

“Special private gain or loss” almost always financial in nature

Make public announcement during meeting; file Form 8B with Clerk within 15 days; form incorporated into meeting minutes




ETHICS LAWS/FINANCIAL DISCLOSUREETHICS LAWS/FINANCIAL DISCLOSURE

Questions?

County Attorney’s Office at 407-836-7320

Florida Commission on Ethics at 850-488-7864

http://www.ethics.state.fl.us/

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Orange CountyCharter Review Commission

Orientation

Open Government and Ethics

Kate LatorreAssistant County Attorney

February 12, 2015

orange county charter review commission orientation open government and ethics kate latorre...

Documents

government recordsgeneral

sunshine law meetings

crc meetings

public business

right of access

general public

public bodyexemptions

florida statutes