Sunshine Law, Public Records Law, State and Local Gift Law, and State and Local Code of Ethics (Voting Conflicts & Disclosure) Dana Crosby Assistant County Attorney January 4, 2011 Presentation Outline Sunshine Law Public Records Law State and Local Gift Law State and Local Code of Ethics Sunshine Law Legal References • Article I, Section 24, Florida Constitution • Section 286.011, Florida Statutes • Regulation 2.09, County Administrative Regulations • Government-In-The-Sunshine Manual Sunshine Law General Rule • “All meetings in which official acts are taken or public business is transmitted are public meetings open to the public at all times.” Sunshine Law Applies to meetings of 2 or more members of the BCC when discussing matters that may foreseeably come before the BCC Applies to bid protest meetings with the BCC (Co. Admin. Reg. 9.01.14) Applies to a board member and nonboard member (staff) when latter individual is used as a liaison Sunshine Law “Reasonable” notice of all meetings must be provided • Two full working days Meeting minutes must be taken by the Clerk and must be open for public inspection Sunshine Law Penalties • If one violates state law, fined up to $500 • If one knowingly violates, charged with a 2nd degree misdemeanor • Fined up to $500 • Imprisoned up to 60 days Sunshine Law Exceptions • Executive Sessions • Attorney-Client Sessions to discuss settlement negotiations or litigation strategies (pending litigation) • Labor negotiations Presentation Outline Sunshine Law Public Records Law State and Local Gift Law State and Local Code of Ethics Public Records Law Legal References • Article I, Section 24, Florida Constitution • Section 119.07, Florida Statutes • Regulation 2.06, County Administrative Regulations • Government-In-The-Sunshine Manual Public Records Law General Rule • “Every person has the right to inspect or copy any public record made or received in connection with the transaction of official business by a public body.” Public Records Law Public records are: • Prepared or created to perpetuate, communicate or formalize knowledge relating to official agency business • All documents regardless of physical form, characteristics, or means of transmission (not limited to traditional written documents) Public Records Law Penalties • If one violates, fined up to $500 • If one knowingly violates, subject to removal from BCC and charged with a 1st degree misdemeanor Exceptions • Personal Correspondence Presentation Outline Sunshine Law Public Records Law State and Local Gift Law State and Local Code of Ethics Gift Law State gift law in state code of ethics -Part III, Chapter 112, Florida Statutes Additionally, County Commissioners have local gift restrictions in the County Charter and County Code State Gift Law Gifts • Definition includes: • Money • Meals • Services • Price Discounts Basically, anything of value! State Gift Law Gifts • Prohibited from soliciting gifts for votes • May accept: • Gifts which will be transferred to a charitable organization or governmental entity • Gifts from certain governmental agencies and which are given for a public purpose • Gifts from relatives Local Gift Law No gifts from Lobbyist or principal who retains a lobbyist. Exceptions relating to food and beverage -• Value <$35 and served at professional, civic, charitable, nonprofit event • Served at a stand-alone event • Member is featured guest and invited in official capacity AND event is open to public or other community leaders are invited and expected to attend Also, gifts of de minimus value (<$5) 18 Presentation Outline Sunshine Law Public Records Law State and Local Gift Law State and Local Code of Ethics (Financial Disclosure) State Ethics Law • State requires annual financial disclosure of all BCC members • BCC members use CE Form 6 • Assets, liabilities, sources of income, net worth, and certain other information • File by July 1st (for previous calendar year) with Commission on Ethics Local Code of Ethics • Local code requires quarterly financial disclosure • Commissioners Use Form OC CE 6. • Form is similar to state disclosure form but also includes all other business entities in which RI had a significant interest during reporting period (>$1000 of assets or stock) • Must supplement quarterly report with any new business relationship formation (within 1 week of formation) (OC CE 5) 21 Local Code of Ethics File quarterly financial disclosure and any supplements with Agenda Development office -January 1 to March 31 (file by April 30) -April 1 to June 30 (file by July 30) -July 1 to September 30 (file by Oct 30) -October 1 to December 31 (file by Jan 30) Form can read “no change” but still must be filed. 22 Presentation Outline Sunshine Law Public Records Law State and Local Gift Law State and Local Code of Ethics (Voting Conflicts & Disclosure) State Ethics Law Voting Conflicts & Disclosure • Must vote on a matter unless there is a “conflict of interest” or an “appearance of conflict of interest” (s. 286.012, Florida Statutes) State Ethics Law • Must abstain from voting if “conflict of interest” exists • May abstain from voting, if “appearance of conflict of interest” exists • If abstain in either case, member must: • Disclose conflict to BCC before vote • File CE Form 8B State Ethics Law Examples: • “Conflict”: Voting on matter which directly benefits public officer, family member or business associate • “Appearance of Conflict”: Voting on matter that involves former business associate Local Code of Ethics • Appearance of Conflict is defined in the Local Code and requires member abstain from voting. • Automatic appearance of conflict in matters involving business relationship in past 2 years • Not applicable to relationship established before your term begins • If member abstains, must: • Disclose conflict to BCC before vote • File CE Form 8B Local Code of Ethics Requires additional disclosure for BCC: • Additional business relationship disclosure (required within 1 year of favorable vote on matter) (OC CE Form 4) Requires additional disclosure for applicants: • Applicant must disclose if applicant is an employer of, has a business relationship with, or is a relative of the Mayor or member of the BCC. If yes, BCC must have final review of Concurrency or Development Review Committee matters. 28 Questions? Contact the County Attorney 407-836-7320