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HomeMy WebLinkAboutDocumentation_Regular_Tab 01_01/13/2011Alan Johnson Executive Director Palm Beach County Commission on Ethics 2009 GRAND JURY RECOMMENDATIONS Public scandal = 2009 Grand Jury recommendations  -3 sided attack- Inspector General as an independent watchdog  (waste, fraud, mismanagement, abuse)- Ethics Commission  (ethics complaints, opinions, training, outreach) State Attorney  (criminal prosecution) ONE ETHICS MOVEMENT Different Core Functions Commission on Ethics Complaints  Advisory Opinions  Training/Outreach  Inspector State Attorney General Criminal Contracts   Prosecution Waste/Abuse/  Mismanagement JURISDICTION Jurisdiction of the Commission on Ethics is limited to county  and municipal employees and officials, vendors and lobbyists and applies to the following ordinances: Code of Ethics  Lobbyist Registration  Post Employment  The jurisdiction of the Inspector General includes county and  municipal employees, officials and vendors Compliance vsIntegrity Laws, codes, rules and policies are compliance driven  -deterence, detection, penalties, “do’s and don’ts” Values and principals form the foundation of an ethical  society -value judgments, right and wrong, appearance of impropriety “Sound ethical judgment calls for more than meeting the moral minimum of the law” Donald Menzel Ethics Moments in Government American Society for Public Administration Prohibited conduct; • 1-misuse of office –financial gain, 2-voting conflicts, 3-prohibited contractual relationships, 4-accepting travel expenses from vendors, 5-contingency fees, 6-false applications 7-disclosure of confidential information for personal gain 8-retaliation/interference with IG or COE investigation Gift law prohibitions and requirements • Anti-nepotism law • The Commission on Ethics provides ongoing mandatory training to public employees and officials. In addition, COE staff offers presentations to civic and business groups within the community. ADVISORY OPINIONS The Commission onEthics will accept written requests for advisory opinions submitted by officials, employees and vendors The Commission on Ethics will investigate legally sufficient complaints regarding officials and employees within its jurisdiction COMPLAINT PROCESS COMPLAINT RECEIVED COMPLAINT LEGALLY COMPLAINT NOT SUFFICIENT: LEGALLY SUFFICIENT INVESTIGATION BEGINS COMPLAINT COMMISSION COMMISSION FINDS DISMISSED FINDS NO PROBABLE CAUSE PROBABLE CAUSE COMMISSION COMPLAINT PUBLIC RESOLVES DISMISSED HEARING COMPLAINT SCHEDULED WITHOUT PUBLIC HEARING COMMISSION COMMISSION FINDS NO FINDS VIOLATION VIOATION COMMITTED COMMITTED PENALTY COMPLAINT IMPOSED DISMISSED Frivolous complaints may result in costs and attorneys fees being assessed against the complainant. CHARTER AMENDMENT OnNovember2,2010,theissuewasplaced beforethepeopleasareferendum: Over70%ofthepeoplevotedtoimbedtheIG andCOEintothePalmBeachCountyCharter (effectiveJanuary1,2011with90daystodraftappropriatecodes) All38municipalitieswithinPalmBeach Countyadoptedthereferendumwithintheir bordersbypopularvote �ANr 0 EAq f IF �fflm 9 do IIn�IIjIIIIIIn�IIjIIIII�IIII/ IIII�j',1r/1J1II1 u�r] ,i Q R 1 t tlnle pLICKP , T Inll adr. F a �A �'orla3$ rsOlrel� 0 RI P 20 4F PAtM QF fit. }r"-,,.,.a`y4 x ,t yI � 4� a �pWN qR r r$ BEACH T FCC) {ln�' 'tea cc xis f N r i i9ar i -- r rF nRt,tc l7F A 77 �xFwR'O ��i3RL© FINANCING THE COE AND IG Services of the Commission on Ethics are free to  municipalities (ad valorem taxes) IG services require contribution equivalent to .25%  of covered contracts (County Government absorbs additional costs) Both the IG and COE may enter into inter-local  agreements with constitutional offices and independent taxing authorities within the county Both the COE and IG will be offering to enter into inter local agreements with other entities: School District, Solid Waste Authority, Other Independent Taxing Districts, Constitutional Offices within PBC INDEPENDENCE  By definition the COE and IG are independent offices  Non-political –cannot be associated with party  Cannot be associated with political campaigns for office or referendum  Cannot appear at partisan political events  IG and COE cannot be removed or otherwise influenced by County Commission In addition to training and advising officials and employees, the COE will be partnering with public schools and colleges, civic organizations and other venues to put ethics in the forefront of both good governance and public awareness Public Service Announcements Art in public places Ethics Awareness week Scholarships Ethics essay and poster contests Publications SiL ON011r