7. Ethics, Conflicts Of Interest, And Abuse Of Office
7. Ethics, Conflicts of Interest,and Abuse of OfficeHerbert W.A. Thiele and Denise NiemanEthics is defined as “[o]f or relating to moral action, conduct, motive or character [p]rofessionally right or befitting.”1 As former Supreme Court Justice Potter Stewart once said, “Ethics isknowing the difference between what you have the right to do and what is the right thing to do.”It is Florida law and policy that “[a] public office is a public trust. The people shall have the rightto secure and sustain that trust against abuse.”2 Furthermore,It is essential to the proper conduct and operation of government that public officials beindependent and impartial and that public office not be used for private gain other than theremuneration provided by law. The public interest, therefore, requires that the law protect againstany conflict of interest and establish standards for the conduct of elected officials and governmentemployees in situations where conflicts may exist. 3The state “Code of Ethics” for public officers and employees is provided in Chapter 112, Part III,of the Florida Statutes. The Code of Ethics contains standards of conduct and disclosures applicable topublic officers, employees, candidates, lobbyists, and others in state and local government, with theexception of judges. It sets forth several standards of conduct for public officers, including: annuallyfiling a statement of financial interests; refraining from soliciting or accepting gifts for votes or otherofficial action; refraining from accepting compensation for votes or other official action; refraining fromaccepting most honoraria; refraining from nepotism (employment of family members); and refrainingfrom doing government business with one’s own private business.4 The Code of Ethics applies to anyperson elected or appointed to public office, including persons serving on certain advisory boards.5On the first day of the 2013 Legislative Session, the Florida Senate made history by unanimouslypassing the most comprehensive ethics reform legislation in Florida in more than 30 years. The Code ofEthics was further amended during the 2014 Legislative Session. These amendments to Chapter 112, PartIII, Florida Statutes, provide the following:1.Authorize the Commission on Ethics to investigate alleged ethics violations based upon a writtenreferral from the Governor, Department of Law Enforcement, state attorney, or U.S. attorney;62.Require constitutional officers and elected municipal officers to annually complete 4 hours oftraining on ethics, open meetings and public records laws; 73.Prohibit dual public employment by elected public officers except under certain circumstances,and restrict certain promotions or advancements; 84.Give the Commission on Ethics more tools to collect unpaid fines, including wage garnishment,utilizing a collection agency, or other collection methods authorized by law;95.Increase the statute of limitations for collecting unpaid fines to 20 years; 10Florida County Government Guide - 2014 Update1
6.Prohibit gifts from political committees; 11 and7.Make available online the financial disclosure forms of elected officials. 12In addition, if a person holding public office or public employment fails or refuses to file a fulland public disclosure of financial interests and has accrued the maximum fine, the Commission on Ethicsis to initiate an investigation and conduct a public hearing on the matter. If the Commission on Ethicsdetermines that the person willfully failed to file the statement of financial interests, the Commission is toenter an order recommending the person to be removed from office.13Local governments are also allowed to enact ordinances that impose standards of conduct that arein addition to, and more stringent than, those specified in the state’s Code of Ethics14 State law specifiesthat county ordinances which impose standards of conduct may provide for stiffer penalties for violations,including a fine not to exceed 1,000, or a term of imprisonment in county jail not to exceed one year.15The types of regulations typically found in local ethics codes include: the establishment of local ethicscommissions; hiring an internal inspector general to be an independent ethics “watchdog”; local lobbyistregistration requirements; and penalties for violations.In Florida there are examples of local ethics codes, and departments of county governmentdevoted to ethics enforcement, which have been created by county charters. In Palm Beach County andBroward County, the voters approved charter amendments that expanded the jurisdiction of county ethicsregulations to all of the municipalities within each county.FLORIDA COMMISSION ON ETHICSThe Florida Commission on Ethics is an independent agency that was formed in 1974 to “serve asguardian of the standards of conduct” for officers and employees of state and local governments.16 TheCommission reviews complaints made against public officers and employees for violations of the State’sCode of Ethics, issues advisory opinions in response to questions from public officials about potentialconflicts of interest, and maintains the financial disclosure system. The Commission on Ethics has the“power to subpoena, audit, and investigate,”17 but currently does not have the power to self-initiatecomplaints.Upon receipt of a sworn, written complaint (the Commission on Ethics cannot accept anonymouscomplaints), the Commission follows a three-stage process.18 First, in the preliminary investigation stage,the Commission determines whether the allegations made in the complaint are “legally sufficient,” whichmeans whether or not the complaint indicates that a violation of law occurred over which the Commissionhas jurisdiction.19 If the complaint is found not to be legally sufficient, then the complaint is dismissedwithout an investigation. The next stage is the investigatory stage, during which Commission staffinvestigate the allegations contained in the complaint to determine whether there is probable cause tobelieve that there has been a violation of the ethics laws. If the Commission finds that there is no probablecause to believe there has been a violation, then the complaint is dismissed. Alternatively, if theCommission finds there is probable cause to believe that an ethics violation has occurred, a public hearing(akin to a trial) is held, evidence presented, and a ruling made.The complaint must be filed with the Commission on Ethics within five years of the alleged Codeof Ethics violation or other breach of the public trust. The five-year time period starts running the dayafter the violation allegedly occurs.20A final ruling by the Commission on Ethics can be appealed to the district court of appeal.21Florida County Government Guide - 2014 Update2
ETHICS TRAININGCounty commissioners and all elected municipal officers are now required to annually complete 4hours of training on ethics, public records, and open meetings laws.22The Florida Commission on Ethics issued an ethics opinion to provide guidelines for ethicstraining, as follows:1.A county attorney’s office, other local government attorney, and any person with knowledge of therequired subject may provide training.2.The training may be satisfied through attendance of a pre-recorded program.3.The training may be satisfied through a review of written materials, provided the materials are partof a formalized study program and not a self-directed study.4.A 50-minute class on ethics can satisfy one credit hour.5.Annual training means occurring between January 1 and December 31 of each and every year. 23The Commission on Ethics has also adopted rules identifying the minimum course content for theethics portion of a training program.24 Subjects that must be covered in ethics training include one ormore of the following:1.2.3.4.5.6.7.8.9.10.11.Doing business with one’s own agency;Conflicting employment or contractual relationships;Misuse of position;Disclosure or use of certain information;Gifts and honoraria, including solicitation and acceptance of gifts, and unauthorizedcompensation;Post-officeholding restrictions;Restrictions on the employment of relatives;Voting conflicts when the constitutional officer is a member of a collegial body and votes in his orher official capacity;Financial disclosure requirements, including the fine and appeal process;Commission on Ethics procedures concerning ethics complaints and referrals; andThe importance of and process for obtaining advisory opinions from the Commission on Ethics. 25Officials who are required to file full and public disclosure of financial interests must also certifyon the disclosure form that he or she has completed the required ethics training.26CONFLICTS OF INTERESTFlorida law provides that officers and employees of a county, city, or other political subdivisionof the state, must not have any “interest, financial or otherwise, direct or indirect; engage in any businesstransaction or professional activity; or incur any obligation of any nature which is in substantial conflictwith the proper discharge of his or her duties in the public interest.”27 A “conflict” or “conflict ofinterest” is defined as a “situation in which regard for a private interest tends to lead to disregard of apublic duty or interest.”28Florida County Government Guide - 2014 Update3
For example, the Code of Ethics states as follows:No public officer or employee of an agency shall have or hold any employment or contractualrelationship with any business entity . . . which is . . . doing business with . . . an agency of whichhe or she is an officer or employee . . . nor shall an officer or employee of an agency have or holdany employment or contractual relationship that will create a continuing or frequently recurringconflict between his or her private interests and the performance of his or her public duties or thatwould impede the full and faithful discharge of his or her public duties. 29Simply stated, this provision prohibits a county official from being employed by, or having a contractualrelationship with, a private business entity which is doing business with the county. In addition:No public officer acting in his or her official capacity, shall either directly or indirectly purchase,rent, or lease any realty, goods, or services for his or her own agency from any business entity ofwhich the officer is an officer, partner, director, or proprietor [n]or shall a public officer ,acting in a private capacity, rent, lease, or sell any realty, goods, or services to the officer’s ownagency .30This provision prohibits one from acting in his or her official capacity as a county commissionerto rent or lease any realty, or purchase any services, for the county from a private business entity forwhich he or she serves as an officer, partner, director, or proprietor.Conflicts of interest may particularly occur when local public officials are in a position to makegovernmental decisions that affect their personal financial interests. This is one of the reasons why publicofficers, candidates for public office, and certain public employees must file various financial disclosureforms. For example, by July 1 of each year, county commissioners are required to file a Full and PublicDisclosure of Financial Interests (Form 6) with the Commission on Ethics. Form 6 discloses a countycommissioner’s net worth, assets valued at over 1,000, liabilities in excess of 1,000, primary andsecondary sources of income, and interests in business entities.31 In addition, county commissioners mustfile a Quarterly Client Disclosure form (Form 2), which details all clients that have been representedbefore any county agency for a fee by the commissioner’s private business. 32 The various disclosureforms and instructions are available on the Florida Commission on Ethics web site(http://www.ethics.state.fl.us).VOTING CONFLICTSOn one hand, Florida law requires board members who are present at a board meeting to vote onmeasures being considered by the board.33 However, there is an exception to the mandatory votingrequirement when “there is, or appears to be, a possible conflict of interest.”34The voting conflicts law applies to all measures that might result in a “special private gain orloss” to the official.35 In other words, the existence of a conflict depends on whether or not the publicofficial’s private interests are impacted to a significantly greater (or significantly lesser) degree than theinterests of other similarly situated persons. For example, the Commission on Ethics typically finds thatno conflict exists when a voting official’s interest in a measure constitutes one percent (1%) or less of thesize of the class of similarly situated persons who are affected by the measure.36 In addition, if the gain orloss resulting from the measure being voted on is so remote or speculative that the measure cannot be saidto inure to the official’s special private gain or loss, then a voting conflict would not be triggered.37Finally, a conflict would not exist on voting for measures which are procedural or preliminary to futureactions that would result in a gain or loss.38Florida County Government Guide - 2014 Update4
If there are measures which would inure to the special private gain or loss of the public officer, orthe public officer’s employer, business associate (partner, joint venturer, co-owner of property, etc.), orrelative (father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-inlaw, and daughter-in-law), then the public officer must, prior to a vote being taken on the measure,“publicly state to the assembly the nature of the officer’s interest in the matter from which he or she isabstaining from voting.”39 Within 15 days after the vote, the public official must also disclose the natureof the interest in a memorandum of voting conflict form (Commission on Ethics Form 8B), which is thenfiled with the person responsible for recording the minutes of the meeting, who will then incorporate theform into the minutes of the meeting.40This also means that if a public official is unsure of the conflict of interest but believes that there“appears to be” a possible conflict of interest, then the official would be allowed to abstain from voting,and should then orally announce the conflict before the vote and file the necessary memorandum ofvoting conflict form within 15 days after the vote.Even a board member who is in attendance at a board meeting, but happens to be out of chambersduring the vote on an issue in which the board member has or appears to have a conflict of interest, wouldbe required to publicly announce the basis of a conflict of interest and file a memorandum of votingconflict.41 The Florida Attorney General has determined that the statutory duty to vote “may not beavoided by the ‘temporary’ absence of a member during the vote on a particular matter which comesbefore the body of which he is a member during a meeting at which he is present.”42In 2014, the Florida Legislature amended Section 286.012, Florida Statutes, to allow a boardmember to abstain from voting on a matter before the board if there is, or appears to be, a possibleconflict of interest under a locally adopted code of ethics. If the conflict arises under the local code ofethics, then the board member is to follow the disclosure requirements specified in the local code ofethics. Further, a board member may abstain from voting on a matter in a quasi-judicial proceeding “ifthe abstention is to assure a fair proceeding free from potential bias or prejudice.”43A copy of the Voting Conflict Chart and instructions are located in Appendix A. Copies of thememorandum of voting conflict forms and instructions are available on the Florida Commission on Ethicsweb site (http://www.ethics.state.fl.us).DUAL OFFICE-HOLDING CONFLICT OF INTERESTThe State Constitution provides in part that:No person shall hold at the same time more than one office under the government of the state andthe counties and municipalities therein, except.any officer may be a member of.statutory bodyhaving only advisory powers. 44This prohibits a person from simultaneously serving in more than one state, county, or municipal office.The dual office-holding prohibition applies to both elected and appointed offices.45 Although notdefined by the Constitution, the courts have stated that the terms “office” or “officer,” for purposes of thedual office-holding prohibition, implies an authority to exercise some portion of the sovereign power,either in making, executing, or administering the laws.46Underlying the intent of this law is the concern that conflicts of interest would arise by holdingdual offices whenever the respective duties of the offices are inconsistent. On the other hand, however,the legislative designation of an officer to perform ex officio (by virtue of the office)47 the functions of anadditional office would not violate the dual office-holding prohibitions, provided the duties imposed areconsistent with the duties already being exercised.48Florida County Government Guide - 2014 Update5
PERCEIVED CONFLICTS AND DISCLOSURE OF A PERSONAL INTEREST ORRELATIONSHIPBeyond the prohibited conflicts and voting conflicts discussed above is the interest or relationshipthat creates a perceived conflict. Even when required by state law to cast a vote, a commissioner canensure maximum transparency in government decision making by disclosing certain relationships andinterests related to the matter. For example, voting on a matter that would benefit a grandparent, longtime friend, former employer, former business associate, or favorite charity may not amount to a votingconflict under state law. But by fully disclosing the nature of these facts and relationships before the vote,the commissioner eliminates the possibility of any secret motive and can better demonstrate that the votewas made for the public good, not for private gain.While not foolproof, full disclosure of the nature of personal interests and relationships related toa vote, even when there is no conflict under state law, best addresses the issue. Properly done, the natureof this disclosure should demonstrate that the decision is based on the best interests of the public and notsecretly made to serve a private interest. Better still, this practice will further enhance transparency inlocal government decision making.DUAL PUBLIC EMPLOYMENTIn 2013, new statutory provisions were enacted to prohibit dual public employment by electedpublic officers and candidates for office except under certain circumstances, and to restrict certainpromotions or advancements.49 Section 112.3125, Florida Statutes provides that a public officer (definedas a person who is elected to state or local office, or a person who is presently a candidate for state orlocal office) “may not accept public employment with the state or any of its political subdivisions” if theperson knows, or should know, that the position is being offered for the purpose of gaining influence orother advantage based on the person’s office or candidacy.50Further, any public employment accepted by a public officer must meet the following conditions:(a) the position was already in existence or was created by the employer without the knowledge oranticipation of the officer’s interest in the position; (b) the position was publicly advertised; (c) the officerwas subject to the same application and hiring process as other candidates for the position; and (d) theofficer meets or exceeds the required qualifications for the position.51Persons who were employed by the state or any of its political subdivisions before qualifying as apublic officer for his or her current term of office or the next available term of office may continue in saidemployment, but may not accept a promotion, advancement, additional compensation, or anything ofvalue that the person knows, or should know, is being
hours of training on ethics, public records, and open meetings laws.22 The Florida Commission on Ethics issued an ethics opinion to provide guidelines for ethics training, as follows: 1. A county attorney’s office, other loca
999 battle deaths, while conflicts resulting in 1,000 or more battle deaths are coded as major civil wars. As most contemporary conflicts are intrastate conflicts, this paper focuses mainly on these. Uppsala classifies violent conflict in three different categories: 1) state-based armed conflicts, 2) non-state conflicts and 3) episodes of one-sided violence.While “state-based armed conflicts .
The Conflict of Interest-Guidebook to Practice Forms and Letter provides sample documents to manage conflicts and potential conflicts. MLM’s Law Practice Management Booklet Series, Avoiding Conflicts of Interest offers information to help you identify, check for and manage conflicts of interest situations.
Law and Public Safety pursuant to N.J.S.A. 52:13D-21. "Conflicts Law" means the New Jersey Conflicts of Interest Law, N.J.S.A. 52:13D-12 et seq. "Ethics Liaison Officer" means the individual(s) designated by the agency head to assist the State Ethics Commission in implementing and enforcing the Conflicts Law and related ethics codes.
Sampling for the Ethics in Social Research study The Ethics in Social Research fieldwork 1.3 Structure of the report 2. TALKING ABOUT ETHICS 14 2.1 The approach taken in the study 2.2 Participants' early thoughts about ethics 2.2.1 Initial definitions of ethics 2.2.2 Ethics as applied to research 2.3 Mapping ethics through experiences of .
"usiness ethics" versus "ethics": a false dichotomy "usiness decisions versus ethics" Business ethics frequently frames things out, including ethics Framing everything in terms of the "bottom line" Safety, quality, honesty are outside consideration. There is no time for ethics.
Code of Ethics The Code of Ethics defines the standards and the procedures by which the Ethics Committee operates.! More broadly, the Code of Ethics is designed to give AAPM Members an ethical compass to guide the conduct of their professional affairs.! TG-109! Code of Ethics The Code of Ethics in its current form was approved in
Ethics Training. What We Do. Advice Ethics Training. What We Do. Investigations. Enforcement. Ten Principles of Ethical Conduct. 1. Public office is a public trust 2. Avoid financial conflicts of interest 3. Avoid representational conflicts . PowerPoint Presentation Author: ServUS Created Date: 7/21/2022 3:27:39 PM .
ANATOMI & HISTOLOGI JARINGAN PERIODONTAL Oleh: drg Ali Taqwim . terbentuk dari tulang haversi (haversian bone) dan lamela tulang kompak (compacted bone lamellae). drg Ali Taqwim/ KG UNSOED 29 Lamina dura Alveolar bone proper GAMBARAN HISTOLOGIS GAMBARAN RADIOGRAFIS It appears more radiodense than surrounding supporting bone in X-rays called lamina dura . drg Ali Taqwim/ KG UNSOED 30 1. Cells .
