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 THE GIFT RESTRICTIONS SET FORTH IN SECTION 1-19(C)(1) OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); SUPERSEDING CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by Mayor Mark D. Bogen and Cosponsored by Commissioner Alexandra P. Davis)
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Why Action is Necessary
Commission action is necessary to enact an Ordinance.
What Action Accomplishes
Allows for the Commission’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 of the 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”). Generally, Section 1-19(c)(1) of the Code prohibits Elected Officials, their relatives, registered domestic partners, and governmental office staff from accepting food and nonalcoholic beverages worth more than $25.00 and other 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) also imposes a $50.00 limit for any gifts received by Elected Officials in their official capacity from sources other than Regulated Donors. The Code also includes numerous exceptions or graduated limits to these general rules depending on, among other possible factors, the nature of the gift and the identity of the donor.
Chapter 112, Part III, Florida Statutes, provides a Code of Ethics for Public Officers and Employees (“Florida Code of Ethics”), which applies to Elected Officials. The Florida Code of Ethics imposes a $100.00 limit on any gifts to Elected Officials from Regulated Donors, and it does not impose any limit on gifts to Elected Officials in their official capacity from other sources (but requires public disclosure of such gifts). Section 1-19(c)(1) is thus more restrictive than the Florida Code of Ethics.
The County Code provisions related to gifts are complicated, with numerous nuanced exceptions that create risk of unintentional violation and increase the potential for confusion. Still more confusion and complication results from the County Code being different from the separate set of restrictions and exceptions applicable under state law. As a result, even when faced with simple invitations to community events or receiving a small token of appreciation from a constituent, both Elected Officials and publicly funded lawyers must often spend significant time navigating the various restrictions and exceptions, which, because of the level of nuance, often requires time-consuming fact-finding, expending time that could be used by Elected Officials to more directly advance the public interest and the time publicly compensated legal counsel could better spend on more pressing legal matters.
The proposed Ordinance, if enacted, would amend Section 1-19(c)(1) of the Code to conform with the gift provisions of the Florida Code of Ethics. If enacted, the Code would require Elected Officials to comply with the gift provisions of the Florida Code of Ethics, thereby creating a single, consistent standard. This alignment would simplify the regulation of gifts received by Elected Officials, reduce the risk of unintended violations arising from confusion about multiple sets of rules, and promote clearer understanding and greater compliance with gift laws.
Timely notice has been published in accordance with the applicable requirements to permit the Commission’s consideration of the proposed Ordinance.
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.