Voting Conflicts Under Florida Law

Size: px

Start display at page:

Download "Voting Conflicts Under Florida Law"

Amie Briggs
5 years ago
Views:

1 Voting Conflicts Under Florida Law Ethics Law Update elearning Hosted by Dr. Scott Paine, FLC University With Jay Daigneault, Esq. Trask Daigneault LLP One Interest The Public s A public officer must, to the best of her/his ability, exercise the powers of office in a manner that is consistent with and promotes the public interest. 1

2 The Idea of a Voting Conflict A situation in which a public officer is tempted to exercise the powers of his/her office to promote the interest of someone other than the public because of that someone s relationship to the officer. Voting Conflict as Defined by Florida Statute F.S (3)(a) No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, other than an agency as defined in s (2); or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer. (Emphasis added) 2

3 Benefit to Whom? Voting Conflicts Under Florida Statute Benefit to... The public officer A relative A business associate A principal, subsidiary, or parent corporation of a principal 3

4 Public Officer F.S (1)(b) any person elected or appointed to hold office in any agency, including any person serving on an advisory board. (Emphasis added) A Relative Father Mother Son Daughter Husband Wife Brother Sister Father-in-law Mother-in-law Son-in-law Daughter-in-law 4

5 A Business Associate F.S (4) any person or entity engaged in or carrying out a business enterprise with a public officer, public employee, or candidate as a partner, joint venture, corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange, or co-owner of property. A Principal by Whom Retained F.S (1)(a) an individual or entity... that for compensation, salary, pay, consideration, or similar thing of value, has permitted or directed another to act for the individual or entity, and includes, but is not limited to, one s client, employer, or the parent, subsidiary, or sibling organization of one s client or employer. (Emphasis added) 5

What Kind of Benefit? Voting Conflicts Under Florida Statute Special Private Gain or Loss F.S. 112.

.. unless the measure affects a class that includes the officer, his or her relative, business

6 What Kind of Benefit? Voting Conflicts Under Florida Statute Special Private Gain or Loss F.S (1)(d) an economic benefit or harm... unless the measure affects a class that includes the officer, his or her relative, business associate or principal, in which case, at least the following factors must be considered when determining whether a special private gain or loss exists:... (Emphasis added) 6

7 Special Private Gain or Loss: When a class is affected, depends upon The size of the class affected by the vote. 2. The nature of the interests involved. 3. The degree to which the interests of all members of the class are affected by the vote. 4. The degree to which the officer, his or her relative, business associate, or principal receives a greater benefit or harm when compared to other members of the class. Tests Size of Class the 1% rule Remote and Speculative benefit/cost More generally... The benefit/cost must be special and private 7

8 I Have a Conflict; Now What? Voting Conflicts Under Florida Statutes Dealing With a Voting Conflict Required Announce Abstain Disclose File Recommended Get off the dais 8

Do I Have to Vote? Voting Conflicts Under Florida Statutes Yes F.S. 286.

meeting of any such body at which an official decision, ruling, or other official act is to be taken or adopted may

such member present, except when, with respect to any such member, there is, or appears to be, a possible conflict of

9 Do I Have to Vote? Voting Conflicts Under Florida Statutes Yes F.S No member of any state, county, or municipal governmental board, commission, or agency who is present at any meeting of any such body at which an official decision, ruling, or other official act is to be taken or adopted may abstain from voting in regard to any such decision, ruling, or act; and a vote shall be recorded or counted for each such member present, except when, with respect to any such member, there is, or appears to be, a possible conflict of interest under the provisions of s , s , or s In such cases, said member shall comply with the disclosure requirements of s (Emphasis added) 9

10 Questions??? Upcoming FLCU Online Learning Opportunities February 2 Enhancing Municipal Services with AmeriCorps Funding February 9 Leadership: Leading People, Managing Work March Legislative Preview March 9 What Our Citizens Are Thinking: Current Public Opinion April 13 Ethics Law Update 10

11 Upcoming FLCU and FLC Events January 19 FLCU Leadership Classes FLCU Orlando Training Center January FLCU Institute for Elected Municipal Officials Hilton Cocoa Beach January 26 FLCU Social Media Classes FLCU Orlando Training Center Starting February 17 FLCU Safe Cities/Safe Florida Summits 2016 FLC University. All Rights Reserved. 1/12/2017 Join the Conversation #InspiringLeaders Blog DrScottPaine.com Twitter Facebook Dr. Scott Paine 2016 FLC University. All Rights Reserved. 1/12/

12 Thank you Jay Daigneault, Esq. Trask Daigneault LLP Holly McPhail, Florida League of Cities and You! 2016 FLC University. All Rights Reserved 1/12/2017 Voting Conflicts Under Florida Law Ethics Law Update elearning Hosted by Dr. Scott Paine, FLC University With Jay Daigneault, Esq. Trask Daigneault LLP 12

FSA Headquarters 2617 Mahan Drive Tallahassee, Florida. Protecting, Leading, Uniting Since 1893

FSA Headquarters 2617 Mahan Drive Tallahassee, Florida Protecting, Leading, Uniting Since 1893 Protecting, Leading, Uniting Since 1893 Thank you for joining us! Please mute your phones during the presentation