1. Orange County Charter Review Commission Orientation Open Government and Ethics Kate Latorre Assistant County Attorney February 12, 2015

2. CRC Orientation Open Government & Ethics Laws  Sunshine Law  Public Records Law  Financial Disclosure  Ethics Laws 2

3. CRC Orientation Open Government & Ethics Laws  Sunshine Law  Public Records Law  Financial Disclosure  Ethics Laws 3

4. CRC Orientation Open Government & Ethics Laws SUNSHINE LAW  Provides right of access to governmental proceedings  Applies to both elected and appointed boards  General Rule – All meetings at which official acts are taken or public business is transacted or discussed shall be open and noticed to the public Article I, Section 24, Florida Constitution Section 286.011, Florida Statutes 4

5. CRC Orientation Open Government & Ethics Laws SUNSHINE LAW (con’t)  Sunshine Law applies to: – Any meeting – Between two or more members of the same board – When discussing matters that may foreseeably come before that board  “Meeting” includes: – CRC meetings; work group meetings – Telephone calls and text messages – Emails and other written correspondence – Informal discussions or deliberations 5

6.  Sunshine Law meetings are subject to three basic requirements: – Meeting must be noticed to public – Meeting must be open to public – Minutes must be recorded CRC Orientation Open Government & Ethics Laws SUNSHINE LAW (con’t) 6

7. ▪“Reasonable notice” –Not defined by statute –Notice given at such time and in such manner that media and general public may attend meeting –Attorney General’s office recommends at least seven (7) days’ notice –Dependent on circumstances and type of meeting CRC Orientation Open Government & Ethics Laws SUNSHINE LAW (con’t) 7

8.  Meetings must be open to public – Location easily accessible to public – Adequate size – May not discriminate against or restrict access to public CRC Orientation Open Government & Ethics Laws SUNSHINE LAW (con’t)

9.  Minutes – Promptly recorded in writing – Available and open to public for inspection and copying – Consist of brief notes reflecting events of meeting – Audio recording permitted but not required CRC Orientation Open Government & Ethics Laws SUNSHINE LAW (con’t)

10.  Penalties – Non-criminal: – Fine up to $500 – Criminal: – Knowing violation is 2 nd degree misdemeanor – Fine up to $500 – Imprisonment up to 60 days – Suspension or removal from office by Governor 10 CRC Orientation Open Government & Ethics Laws SUNSHINE LAW (con’t)

11. CRC Orientation Open Government & Ethics Laws  Sunshine Law  Public Records Law  Financial Disclosure  Ethics Laws 11

12. CRC Orientation Open Government & Ethics Laws PUBLIC RECORDS LAW  Provides right of access to government records  General Rule – Every person has the right to inspect or copy any public record made or received in connection with the transaction of the official business of any public body  Exemptions provided by statute Article I, Section 24, Florida Constitution Section 119.07, Florida Statutes 12

13.  Right of access applies to: – All materials; – Made or received by an agency; – In connection with the transaction of official business; and – Used to perpetuate, communicate or formalize knowledge  Includes all documents regardless of physical form, characteristics, or means of transmission ‾ Drafts ‾ Telephone logs ‾ Emails ‾ Computer discs 13 CRC Orientation Open Government & Ethics Laws PUBLIC RECORDS LAW (con’t)

14.  Penalties – Non-criminal: – Fine up to $500 – Criminal: – Knowing violation is 1 st degree misdemeanor – Imprisonment up to one year – Suspension or removal from office 14

15. CRC Orientation Open Government & Ethics Laws  Sunshine Law  Public Records Law  Financial Disclosure  Ethics Laws 15

16. CRC Orientation Open Government & Ethics Laws FINANCIAL DISCLOSURE  Members have been provided a Form 1 for initial disclosure – Identifies sources and types of financial interests – Due within 30 days of appointment – Thereafter, due no later than July 1 st for previous calendar year.  File form with the Orange County Supervisor of Elections 16

17. CRC Orientation Open Government & Ethics Laws  Sunshine Law  Public Records Law  Financial Disclosure  Ethics Laws 17

18. CRC Orientation Open Government & Ethics Laws ETHICS LAWS  Gift Law  Anything of value given for nothing in return – Money – Food & beverages – Services – Real estate – Membership dues  Gifts do not include: – Salary, benefits, commissions associated with employment – Campaign contributions – Awards or plaques given in recognition of service 18

19.  Gift Law (con’t)  May not ask for or accept anything of value based on understanding that it will influence your vote  May not accept anything of value when you know or should know it is intended to influence your vote  May not solicit gifts from County vendor, political committee, lobbyist or employer of lobbyist  May not accept gift valued at more than $100 from County vendor, political committee, lobbyist or employer of lobbyist CRC Orientation Open Government & Ethics Laws ETHICS LAWS (Con’t)

20.  Gift Law (con’t)  May accept gifts: –From relatives –On behalf of charities or the County –From persons not otherwise identified herein  Gifts accepted and valued at more than $100 must be reported quarterly ‒ Value based on actual cost to donor ‒ Report due on last day of each calendar quarter for the previous quarter CRC Orientation Open Government & Ethics Laws ETHICS LAWS (Con’t)

21.  Voting Conflicts  Required to abstain from voting  No participation (i.e. attempt to influence decision) without first disclosing nature of interest  Voting conflict exists if measure under consideration would cause a special private gain or loss to public officer, or a business associate or relative of the public officer  “Special private gain or loss” almost always financial in nature  Make public announcement during meeting; file Form 8B with Clerk within 15 days; form incorporated into meeting minutes CRC Orientation Open Government & Ethics Laws ETHICS LAWS (Con’t)

22. CRC Orientation Open Government & Ethics Laws ETHICS LAWS/FINANCIAL DISCLOSURE Questions? County Attorney’s Office at 407-836-7320 Florida Commission on Ethics at 850-488-7864 http://www.ethics.state.fl.us/ 22

23. Orange County Charter Review Commission Orientation Open Government and Ethics Kate Latorre Assistant County Attorney February 12, 2015