Broward County Commission Regular Meeting

MOTION TO ADOPT Resolution No. 2018-055 directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, March 20, 2018, at 10:00 a.m., in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows:
 
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE CODE OF ETHICS FOR ELECTED OFFICIALS AND THE BROWARD COUNTY EMPLOYEE CODE OF ETHICS ACT; AMENDING SECTIONS 1-19 AND 26-73 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") TO PROVIDE THAT PARTICIPATION IN PUBLIC SERVICE ANNOUNCEMENTS BY INDIVIDUALS COVERED BY THOSE SECTIONS SHALL NOT BE CONSIDERED THE RECEIPT OF AN IMPROPER GIFT UNDER THE CODE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 

(Sponsored by the Board of County Commissioners)

(Transferred to the Consent Agenda.)

ACTION:  (T-10:50 AM)  Approved.
 
VOTE: 7-0.  Commissioner Holness appeared telephonically and voted in the affirmative.  Commissioners Geller and LaMarca appeared telephonically but were inaudible during the vote.

A public hearing is required prior to the enactment of an Ordinance.

Amends the Code of Ethics for Elected Officials and the Broward County Employee Code of Ethics Act to provide that participation in public service announcements (PSAs) by individuals covered under those sections shall not be considered the receipt of an improper gift under the Code.

Section 1-19(c)(1) of the Broward County Code of Ordinances ("Code") provides that elected officials, with limited exceptions, may not accept a gift with a value in excess of $5.00 from a registered lobbyist, a principal or employer of a registered lobbyist, a vendor, or a contractor, as defined therein (collectively "Vendors and Lobbyists"). With respect to gifts from other sources, elected officials in their official capacities may not accept anything that has a value in excess of $50.00. Section 26-73(a)(1) of the Code generally provides that County employees shall not solicit or accept any gift, regardless of value, in their official capacity as employees.
 
Although the Florida Commission on Ethics has issued opinions finding that participation in public service announcements (PSAs) can be considered gifts bestowing publicity on the participant, Florida law does not impose a limit on an elected official's or employee's participation in PSAs that are paid for, published, or broadcast by individuals or entities that are not Vendors or Lobbyists.
 
The proposed Ordinance would allow elected officials and designated employees to participate in PSAs to the extent not prohibited by Florida law and subject to the reporting requirements of Section 112.3148, Florida Statutes.

Neil K. Sharma, Assistant County Attorney, (954) 357-7600