STATE OF FLORIDA

1. STATE OF FLORIDA GOVERNMENT-IN-THE-SUNSHINE LAWANDPUBLIC RECORDS LAW Prepared by: Joseph M. Centorino Executive Director Miami-Dade County Commission on Ethics and Public Trust

2. THE SUNSHINE LAW F.S.286.011(1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting.

3. THE SUNSHINE LAW: BASIC REQUIREMENTS • Meetings must be open to the public. 2. Reasonable notice of the meetings must be given. 3. Minutes of meetings must be taken.

5. THE SUNSHINE LAW “The statute should be construed so as to frustrate all evasive devices. This can be accomplished only by embracing the collective inquiry and discussion stages within the terms of the statute, as long as such inquiry and discussion is conducted by any committee or other authority appointed and established by a governmental agency, and relates to any matter on which foreseeable action will be taken.” Justice Adkins in Town of Palm Beach v. Gradison, 296 So 2d473 (Fla. 1974)

6. THE SUNSHINE LAW : SPECIAL SITUATIONS • Informal discussions between two or more board members • Delegation to one member • Use of a liaison • Written or telephonic communications • E-mail, Text Messages, Twitter, Facebook, Blogs • Online meetings • Workshops • Attorney – Client meetings • Advisory boards • Community forums

7. SUNSHINE LAW VIOLATIONS : CONSEQUENCES • Criminal Penalties for “knowingly” violating the Sunshine Law • - Up to 60 days in jail and/or $500 fine • - Removal from office at the discretion of the Governor • Non-Criminal Penalty – up to $500 fine • Action taken in violation of Sunshine Law is void ab initio

8. Applicable Ethics Provisions Conflict of Interest and Code of Ethics Policy of the Children’s Trust State of Florida Code of Ethics for Public Officers and Employees, (Chapter 112, Part III of Florida Statutes) THE CHILDREN’S TRUST

9. A. Voting Conflicts 1. Children’s Trust Voting Policy A Trust Board member shall not vote on any matter presented to the Children’s Trust Board if the Trust Board member will receive a direct financial benefit from the action of the Board. 2. Florida Statutes on Voting Conflicts A Trust Board member shall not vote upon any matter which: 1) would inure to his or her special private gain or loss; or 2) he or she knows would inure to the special private gain or loss of any principal by whom he or she is retained except a governmental entity; or 3) he or she knows would inure to the special private gain or loss of a relative or business associate. THE CHILDREN’S TRUST

10. Voting Conflicts – Disclosure If a Trust board member has a voting conflict, he or she shall, prior to the vote, publicly state that he or she is abstaining and explain the nature of the conflict Within fifteen (15) days of the vote the Trust Board member must complete and submit a written disclosure (Form B) to the Clerk of the Trust Board THE CHILDREN’S TRUST

11. Voting Conflicts – Disclosure If a Trust Board member decides to participate in the matter, i.e., influence the decision, the member must first disclose the nature of the conflict * If the conflict is not disclosed or is unknown prior to the meeting, the disclosure must be made orally to the meeting when it becomes known and a written disclosure (Form 8B) submitted to the Clerk *see “D. Appearance of Impropriety” THE CHILDREN’S TRUST

12. B. THE CONE OF SILENCE What is the Cone of Silence? A prohibition on certain communications among potential bidders/providers/lobbyists/consultants, Trust board Members, professional staff and Review Committee members during a competitive solicitation process What does it apply to? All Requests for Proposals (RFP), Requests for Qualifications (RFQ), Invitations to Negotiate (ITN), Request for Information (RFI), bids or any other competitive solicitation issued by the Children’s Trust THE CHILDREN’S TRUST

13. B. THE CONE OF SILENCE When does it begin? At the time of the advertisement of the competitive solicitation When does it end? When the Chief Executive Officer makes his or her written recommendation to the Board THE CHILDREN’S TRUST

14. B. THE CONE OF SILENCE What communications are allowed during the Cone of Silence? a) Written communications with any Trust employee, official or member which are filed with the Clerk of the Board b) Communications with the procurement agent, contracting officer of their designated staff regarding procedural matters c) Communications between procurement agents, contracting officer or their designated staff with a member of the Review Committee regarding procedural matters d) Duly noticed site visits e) Oral communications at pre-bid conference f) Oral communications requested by review committees g) Contract negotiations during any duly notice public meeting h) Public presentations made to the Trust board. THE CHILDREN’S TRUST

15. B. THE CONE OF SILENCE What communications are allowed during the Cone of Silence? i) CEO and Review Committee chair after the Review committee has submitted its recommendation to the CEO j) Communications with the County Attorney and his/her staff k) Communications with the management and technical assistance unit of The Children’s Trust l) Emergency procurement of goods or services. m) Staff can obtain industry comment or perform market research provided all communications relatd thereto are made in writing or at a duly noticed public meeting. THE CHILDREN’S TRUST

16. B. THE CONE OF SILENCE DUTY TO REPORT What if I know of a violation of the Cone of Silence? Any person who has personal knowledge of a violation of the Cone of Silence must file a complaint with the Commission on Ethics. LOBBYIST REGISTRATION All members of the Trust, and all Trust personnel, shall be diligent to ascertain whether persons required to register have complied. Board members or Trust Personnel may not knowingly permit a person who is not registered to lobby the Trust member or the relevant Committee, Board or Trust personnel. THE CHILDREN’S TRUST

17. D. APPEARANCE OF IMPROPRIETY At all times, board members and staff will act in such a manner so as to avoid the appearance of impropriety. THE CHILDREN’S TRUST

18. STATE OF FLORIDA Code of Ethics for Public Officers and Employees FS 112.313 “Misuse of public position. – No public employee shall corruptly use or attempt to use his/her official position to secure a special privilege, benefit, or exemption for himself, herself, or others.” “Corruptly means done with a wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for, any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his or her public duties.” FLA. STAT. 112.312

19. ENFORCEMENT Miami-Dade Commission on Ethics and Public Trust: Advisory Opinions Penalties: Admonition or Public Reprimand $250 fine for first violation $500 fine for each subsequent violation THE CHILDREN’S TRUST

21. Members of the Ethics Commission • Dawn Addy, Chair • Charlton Copeland, Vice Chair • Seymour Gelber • Nelson Bellido • Kerry E. Rosenthal • Joseph M. Centorino, Executive Director Hotline: 786-314-9560 E-mail: ethics@miamidade.gov Fax: 305-579-0273 Request a speaker: 305-350-0630 www.miamidadeethics.com