CITY OF
INTER-OFFICE CORRESPONDENCE
MEMORANDUM NO. 2008-029
TO: Mayor
Members
of the City Commission
CC: Richard
Sala, City Manager
Patricia
Vancheri, City Clerk
FROM: Samuel S. Goren, City Attorney
Jacob G. Horowitz,
DATE: March
6, 2008
RE: City of
UPDATE: MARCH 27, 2008
THIS ITEM WAS PREVIOUSLY PRESENTED TO THE CITY COMMISSION FOR
DISCUSSION. UPON DIRECTION OF THE CITY
COMMISSION, THE CITY ATTORNEY HAS PREPARED THE ATTACHED RESOLUTION OPPOSING
HOUSE BILL 1113. TONIGHT WE ARE SEEKING YOUR CONSIDERATION AND ADOPTION OF THIS
RESOLUTION.
Please be advised that on February 25, 2008, Representative Patterson filed House Bill 1113 (“HB1113”), which proposes a number of substantive amendments to Chapter 112, Florida Statutes, governing the conduct of certain public officials. A copy of HB1113 is attached for your review.
Please consider the following analysis:
1) Local Government Attorneys – HB1113 essentially provides that public officers or employees may not rely on the advice of local government attorneys, including City Attorneys, on matters relating to compliance with standards of conduct, voting provisions, or disclosure requirements, among other provisions. Pursuant to HB1113, local government attorneys must advise public officers or employees that they represent the unit of local government and not the individual, and that in addition to advice sought from the local government attorney, the individual should seek advice from the Florida Commission on Ethics. Furthermore, the officer or employee may be penalized in a proceeding related to an ethics complaint notwithstanding the fact that the individual sought advice from the local government attorney on the ethics matter.
2) Restriction on Employment of Relatives – Chapter 112 currently contains a restriction on the employment, appointment, promotion or advancement of relatives. HB1113 proposes to extend this restriction to provide, among other things, that if a prohibited employment/promotion scenario occurs, then both the official and individual shall be subject to penalties under Section 112.317, F.S. If the employment/advancement is made by the collegial body without the official’s participation, then only the individual shall be subject to such penalties.
3) Disclosure – HB1113 provides additional disclosure requirements for both state public officers as well as county, municipal, and other local public officers. Pursuant to HB1113, municipal public officers may not participate in any matter that would inure to the officer’s special private gain or loss without first disclosing the nature of his or her interest in the matter. Such disclosure, indicating the nature of all of his or her interests as well as the interests of all principals, relatives or known business associates, must be made in a written memorandum and filed with the clerk before the meeting in which consideration of the matter will take place. If disclosure is not made before the meeting or if any conflict is unknown before the meeting, the disclosure shall be made orally at the meeting when the conflict becomes known. A written memorandum disclosing the nature of the conflict must be filed within 15 days after the oral disclosure.
4) Finance Director – HB1113 proposes to include the position of Finance Director in the definition of “local officer”.
5) Vendors – HB1113 expands Chapter 112, F.S., to include a definition of “vendors”. Specifically, “vendor” shall mean “a business entity doing business directly with an agency, such as renting, leasing, or selling any realty, goods or services.” Under HB1113 “reporting individuals” such as elected officials and “procurement employees” would be prohibited from soliciting or knowingly accepting any gifts from vendors doing business with their agency.
6) Penalties – HB1113 provides for penalties for individuals found to be in violation of this section who are not public officers or employers.
If enacted, HB1113 may have a significant impact on certain City officials, as detailed above. Our office will continue to monitor the status of HB1113 and advise accordingly if any action is required by the City. If there are any additional questions regarding this matter, please do not hesitate to contact our office.
Enclosure(s)
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RESOLUTION NO. ____________________
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, OPPOSING HOUSE BILL 1113; URGING THE FLORIDA LEGISLATURE TO REJECT
HOUSE BILL 1113; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION
TO THE GOVERNOR, THE BROWARD LEGISLATIVE DELEGATION AND OTHER MEMBERS OF THE
FLORIDA LEGISLATURE, AS WELL AS ALL MUNICIPALITIES LOCATED WITHIN BROWARD
COUNTY AND THE BOARD OF
WHEREAS, on February 25, 2008, Representative Patterson filed House Bill 1113 (“HB1113”), which proposes a number of substantive amendments to Chapter 112, Florida Statutes, governing the conduct of certain public officials; and
WHEREAS, HB1113 provides, among other things, that local government official will not be permitted to rely on the advice of their local government attorneys on matters relating to compliance with standards of conduct, voting provisions, or disclosure requirements, among other ethics provisions; and
WHEREAS, local government attorneys are a readily available and generally reliable resource for local government officials, and eliminating the ability for local government officials to rely on the advice of their governmental counsel creates an added hardship and potential financial burden for government officials; and
WHEREAS, the historic relationship between local government attorneys and local government officials should not be tarnished or adversely impacted by isolated incidents around the State of Florida that may have been found to be improper; and
WHEREAS, HB1113 also provides a definition of “vendors,” but does not consider that many local governments outsource certain services which may result in charter officers also being vendors of the local government; and
WHEREAS,
the
WHEREAS,
the
NOW,
THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution.
Section
2. The
Section
3. The City Clerk is
hereby directed to provide a certified copy of this Resolution to the Governor
of the State of
Section 4. All resolutions or parts of resolutions on in conflict herewith be, and the same are hereby repealed to the extent of such conflict.
Section 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution.
Section 6. This Resolution shall become effective immediately upon its passage and adoption.
THE REST OF THIS PAGE HAS BEEN LEFT BLANK
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
_____________________________
MAYOR JACK BRADY
________________________________
VICE MAYOR JOHN CANGEMI
ATTEST:
___________________________________
PATRICIA VANCHERI,
APPROVED AS TO LEGAL FORM
BY CITY ATTORNEY:
_____________________________
SAMUEL S. GOREN, ESQUIRE