Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ENACT Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO ETHICS; AMENDING SECTION 1-19 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); AMENDING SECTION 26-73 OF THE CODE; SUPERSEDING CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by Commissioner Mark D. Bogen)
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Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners (“Board”) at its meeting of October 22, 2024.
What Action Accomplishes
Allows for the Board’s consideration of the proposed Ordinance.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
Summary Explanation/Background
Section 1-19, Broward County Code of Ordinances (the “Code”), provides standards of ethical conduct applicable to Broward County Commissioners, municipal mayors, and members of the governing bodies of municipalities in Broward County (collectively, “Elected Officials”). Section 1-19(c)(1) of the Code prohibits Elected Officials, their relatives, registered domestic partners, and governmental office staff from accepting most gifts valued at more than $5.00 from registered lobbyists, the lobbyists’ principals or employers, or contractors or vendors of the Elected Officials’ governmental entity (collectively, “Regulated Donors”). Section 1-19(c)(1) is stricter than the $100.00 permitted under state law for such gifts. County Commissioners’ governmental office staff are also subject to the prohibition in Section 26-73(a) of the Code that prohibits County employees from accepting any gift, regardless of value, in their official capacity.
The $5.00 gift limitation has had negative, unintended consequences. The limit imposes unnecessary costs on the County and city governments to pay for elected officials’ admission to or participation in events that would otherwise not require public expenditure. For example, in November 2023 Commissioners were invited to attend the grand opening of a new Bonefish Grill location at Fort Lauderdale-Hollywood International Airport. Because a County vendor hosted this event, which included items from the restaurant’s menu, the Broward County Aviation Department reimbursed the vendor for Commissioners’ and staff’s costs to avoid any potential gift law violations.
The limit can also lead to confusion among elected officials about what may be accepted when attending events related to their official positions, potentially leading them to avoid attending the events altogether. This has resulted in a chilling effect on Elected Officials’ ability to have personal interaction and communication between themselves and the communities they serve.
The proposed Ordinance would amend Section 1-19(c)(1) of the Code to allow Elected Officials, their relatives, registered domestic partners, and governmental office staff to accept food and nonalcoholic beverages worth $25.00 or less from Regulated Donors. The proposed Ordinance would also amend Section 26-73 of the Code to provide that Commissioners’ office staff, with the written approval of their Commissioner, may accept food and nonalcoholic beverages worth $25.00 or less, notwithstanding the general prohibition against County employees accepting any gift in their official capacity.
Attached as Exhibit 2 is an amendment proposed by Senator Geller, as discussed during the Board’s original consideration of this matter at the October 8, 2024, County Commission meeting (Item No. 21). This proposed amendment would increase the gift limit to equal that imposed by state law for acceptance of admission to, and food and beverages consumed at, certain defined “official events” attended by an elected official in their official capacity, which proposed amendment further addresses the issues and concerns described above.
Source of Additional Information
Annika E. Ashton, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Per the Office of Management and Budget, the estimated impact on the budget does not exceed the threshold required for a Fiscal Impact Statement.