Broward County Commission Regular Meeting

MOTION TO ACCEPT from the City of Pompano Beach, at no cost to the County, incidental services associated with the use of City of Pompano Beach property as a County Commission district office for Commission District 4, and authorizing the County Administrator, subject to approval as to legal sufficiency by the County Attorney and provided it is at no cost to the County, to execute a lease agreement if required by the City of Pompano Beach. (Commissioner Fisher)

(Transferred to the Consent Agenda.)

ACTION:  (T-11:12 AM)  Approved.

VOTE: 8-0.  Dr. Sharief was inaudible at the time of the vote.

ACTION:  (T-11:13 AM)  Dr. Sharief telephonically requested being shown voting in the affirmative.

VOTE: 9-0.

Absent acceptance by the County of the City of Pompano Beach’s offer to provide incidental services associated with the use of city-owned property, the provision of such incidental services could constitute a prohibited gift under the Broward County Code of Ethics for Elected Officials. Additionally, delegation of authority to the County Administrator is necessary for the execution of any required lease agreement.

Enables office space, and services incidental thereto, to be used as a County Commission district office, and authorizes the County Administrator to execute any lease agreement required by the City of Pompano Beach.

Some County Commissioners maintain district offices in city-owned premises. The City of Pompano Beach has offered space in its City Hall for use as a district office for Commission District 4.

The use of office space within City Hall does not constitute a “gift” within the state or County’s ethics codes because the use of public property made available by a governmental agency for a public purpose is expressly exempted from the definition of “gift.” However, the provision of incidental services, such as telephone and internet services, could potentially be considered a gift. Accordingly, the Office of the County Attorney has recommended that such services be formally accepted on behalf of the County for the benefit of the County’s residents.

This item also authorizes the County Administrator, subject to approval for legal sufficiency by the County Attorney, to enter into a lease agreement, at no cost to the County, if required by the City of Pompano Beach.