PBC Commission on Ethics Bulletin_Summer 2015�9NON 0
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* *NEW ADVISORY OPINION
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I Palm Beach County Commission on Ethics
Michael S. Kridel, Chair
Clevis Headley, Vice Chair
Michael Loffredo
Judy M. Pierman I
(Vacant)
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I
The Palm Beach County
Commission on Ethics (COE)
has published over 350 advisory
opinions since its inception. All
of the published opinions can
be found on our website's new
advisory pinion database.
RECENT COMPLAINTS
C14 -008: A municipal employee admitted
violating the Honesty in Applications for
Positions section of the Code of Ethics (code) by
omitting or providing false information on her
employment application with her public employer
and by knowingly withholding information about
wrongdoing in connection with her past
employment. The COE found that the violation
was intentional and ordered a $500 fine.
C15 -016: An elected official violated the
Disclosure of Voting Conflicts section of the code
by participating in discussions on a matter when
he believed he had a conflict of interest
concerning that matter. The COE held that
because the official believed he had a voting
conflict on the matter before him, he was required
to abstain from voting and not participate in the
matter, publically disclose the nature of the
conflict, file a completed State of Florida
Commission on Ethics Conflict Form 813 with the
person responsible for recording the minutes, and
file a copy of the completed form simultaneously
with the COE. The COE issued a Letter of
Instruction and dismissed the case.
RECENT ADVISORY OPINIONS
The full opinions are available on our website.
RQO 15 -019: Misuse of Office
An elected official asked if the code allows her to
use personal funds to place display advertisements
in local newspapers wishing her constituents a
great summer or a happy and safe holiday season.
ANSWER: The code does not prohibit an elected
official from using her name and official title on a
display advertisement wishing her constituents a
great summer or a happy and safe holiday season
when she pays for the advertisements and does
not receive any quid pro quo for placing the
advertisements in the local newspapers.
Main: (561) 355 -1915 Hotline: (877) 766 -5920
Ethics @PalmBeachCountyEthics.com
www.paimbeachcountyethics.com
RQO 15 -015: Conflict of Interest
A county code enforcement officer asked if she is
allowed to work on cases that involve properties
owned and managed by her landlord, or if those
cases should be reassigned to other officers due to
the appearance of impropriety.
ANSWER: She is not prohibited from working
on code enforcement cases involving properties
owned and managed by her landlord as long as
she does not use her official position in any
manner to give herself a special financial benefit
or to corruptly benefit her landlord.
However, while the landlord -tenant relationship
may not constitute a prohibited conflict, it may
create an appearance of impropriety, especially if
her acts are discretionary in nature. Although
matters of internal policy and procedure are not
normally subject to COE jurisdiction, we concur
with the code enforcement officer that should she
receive cases involving her landlord's properties,
those cases should be reassigned to another code
enforcement officer.
It takes less time to do a thing
right than to explain why you did
it wrong.
- Henry Wadsworth Longfellow
RQO 15 -021: Contractual Relationship
transaction to provide saw blades to the city if one
of the exceptions to the contractual relationship
prohibition applies. Since her husband's business
is the sole source of the trademarked blade, that
product meets the sole source exception, and a
conflict of interest would not exist if his business
sells that product to the city. For the other
products that her husband sells which do not meet
the sole source exception, the code provides
exceptions for contracts or transactions totaling
less than $500 per calendar year and for contracts
awarded under a system of sealed, competitive
bidding, where the lowest bidder is selected.
On June 5, 2015, Judy Pierman was sworn in
as the newest COE commissioner. The
Honorable Jeffrey Colbath, Chief Judge of the
15th Judicial Circuit, presided over the
swearing -in ceremony. Ms. Pierman, the first
female Mayor of North Palm Beach and a
former councilperson was appointed by the
Palm Beach County League of Cities.
RQO 15 -035: Outside Employment
A Palm Beach County employee asked if the
outside employment waiver provision would
allow him to accept part -time employment as an
independent contractor for a county vendor.
A municipal employee asked if a prohibited ANSWER: Under the facts he would be working
conflict of interest would exist if her husband's as an independent contractor, not as an employee,
business sells saw blades, including the of the county vendor. Since an independent
trademarked EXTRACTOR Rescue Blade, to the contractor is not considered an employee under
city's fire rescue department, when her husband's the code, the county vendor would not be
business is the sole source of that trademarked considered his outside employer. Thus, the part -
blade. time outside employment waiver provision cannot
ANSWER: The code prohibits a business of be used in this situation, and the contractual
which a member of the employee's household has relationship prohibition precludes him from
at least a five percent ownership share from working as an independent contractor for this
contracting with the city. Thus, her husband's county vendor.
business may only enter into a contract or a psk First,, Act L a t
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Main: (561) 355 -1915 Hotline: (877) 766 -5920
Ethics @PalmBeachCountyEthics.com
www.palmbeachcountyethics.com