The "Broward County Ethical Campaign Practices Act," Section 11-4 of the Broward County Code of Ordinances ("Code"), permits candidates who are running for elected office to voluntarily pledge to follow certain ethical campaign practices. A copy of Section 11-4 of the Code is attached hereto as Exhibit 1. No agency within Broward County currently monitors campaign practices or adherence to the pledge. In contrast, in Miami-Dade County, the Miami-Dade Commission on Ethics and Public Trust adjudicates violations of a pledge similar to Broward County's pledge. A copy of the applicable Miami-Dade Ordinance is attached hereto as Exhibit 2.
From 2000 to 2011, the Fair Campaign Practices Committee of Broward County, Inc., an independent, nonpartisan, nonprofit corporation, provided a venue to adjudicate claims that campaigns had violated the Broward County Ethical Campaign Practices Act pledge (or the principles stated in the pledge for those campaigns that did not sign the pledge). The proposed Ordinance would establish a new Fair Campaign Practices Committee similar to the one that existed from 2000 to 2011.
In its previous iteration, the Committee's jurisdiction included all state and local campaigns in Broward County so long as a majority of the elected office's constituency resided within Broward County, regardless of whether the candidate had taken the Broward County Ethical Campaign Practices Act pledge, but the jurisdiction did not include any campaign for statewide, federal, or judicial office. Participation in Committee proceedings was voluntary, and the Committee did not have the power to compel participation, subpoena, or exert any other legal authority over any candidate or campaign. The Committee did not have the power to exercise legal sanction, whether civil, administrative, or criminal, but had only the power of public condemnation.
The Committee selected officers responsible for conducting an initial review of complaints. If the complaint was not anonymous and could reasonably be interpreted as showing a violation of the pledge, the Committee requested a response from the alleged violator. If, after consideration of any response by the alleged violator, the Committee still found the complaint could be reasonably interpreted as showing a violation, the Committee held an open and publicly noticed hearing wherein the alleged violator was afforded an opportunity to be heard, present evidence, and cross-examine witnesses. A finding that a violation had occurred was based on clear and convincing evidence and required a supermajority vote of Committee members in attendance. Upon a finding that a campaign had violated the pledge (or principles), the Committee publicly announced the violation and indicated its level of severity.
The Committee was primarily comprised of individuals nominated by nonpartisan organizations that represent Broward County's diverse community. These organizations included the League of Women Voters, Broward County Bar, Nova Southeastern University School of Law, Broward Interfaith Council, NAACP, and other nonpartisan organizations. The Committee also elected honorary voting members who were not currently elected officials, seeking elected office, or associated with a partisan organization, and the major political parties within Broward County appointed ex officio nonvoting members.
The proposed Ordinance would also require training of Committee members to ensure their familiarity with common campaign practices.
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