HomeMy WebLinkAbout03-19-91 WS
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OCOEE CITY COMMISSION JOINT WORKSHOP HELD
MARCH 19, 1991
This Joint Workshop of the Ocoee Board of City Commissioners,
Planning and Zoning Commission, Board of Adjustment and Code
Enforcement Board was called to order at 6:03 p.m. in the
Commission Chambers by Mayor Dabbs. The purpose of this meeting
was an explanation of the new ethics commission law.
Present: Mayor Dabbs, Commissioners Combs, Foster, Johnson and
Woodson, City Manager Shapiro, City Attorney Rosenthal, Attorney
Spiva, Planning Director Behrens, Public Works Director Brenner,
Finance Director Poston, Police Chief Boyd, Fire Chief Strosnider,
Personnel Director Psaledakis, Administra ti ve Services Director
Beamer, Purchasing Agent Swilley, Recreation Director Beech and
City Clerk Grafton. Also present were Messrs. Switzer, Swickerath,
Wix, Carroll, Linebarier, Rowe, Imes and Ms. Bond.
City Attorney Rosenthal stated the purpose of this meeting is to
bring the Commission and others up to date on the new ethics law
which becomes effective January 1, 1991 and which all the attendees
are operating under. Officials of this city as well as others in
the state and all government officials are required to file
financial disclosures. The process of figuring out the new law
continues and the law is evolving as the Tallahassee people try to
answer questions.
~ Mr. Rosenthal introduced Mr. Walt Spiva of Foley and Lardner who
is their person who knows the ethics law.
The new law became effective on January 1, 1991. This new law
provides new gift rules and reporting requirements for public
officials receiving gifts during the year. The old law is still
there because all 1990 gifts are reportable through July 1 under
the old cOltdi tions. There is one transition rule between the old
and new law; if you received a gift in 1991, on January 1, but the
gift was pursuant to some agreement made ~.. 990 I then the old
rules apply. The Bowl Games were in question and a decision must
be made on each instance. The old rules allowed you to accept a
gift and then decide if it is reportable or not. The new law
requires that you look at the gift before it is accepted. Under
the new law each gift must be analyzed on three bases: the gift
itself, who is giving it (status to you) and what is your status.
Under the old law, there were certain things that did not qualify
as gifts since the definition of a gift was very narrow. The new
law is very broad and defines a gift as just about anything that is
capable of being given. There are certain non-gifts named in the
statutes. Remuneration, campaign donations, honorarium and food
and beverage consumed at a single sitting are not considered as
reportable gifts.
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Reporting individual is defined as a person concerned with
financial disclosure laws. This new law repeatedly refers to the
"reporting person or individual". This now requires greater
consideration than before since it now imposes new restrictions.
Reporting individuals are elected officials, most officials of
state agencies and most officials in governmental entities.
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Ocoee City Commission Workshop
March 19, 1991
The third element of this new law is the lobbyist, defined as a
person, who for compensation, seeks or sought to influence an
official decision or recommendation of any reporting individual.
Each governmental entity has the right to define what a lobbyist
will be to their entity. A gift of $100.00 or less may not come
under the new law. A reporting individual cannot accept a gift of
over $100.00 in value from a lobbyist. Also, a lobbyist cannot
offer a gift of over $100.00 to a reporting individual. A lobbyist
cannot pay an honorarium to a reporting individual he is lobbying.
Expenses are exempt from this condition.
The reporting system is new and a quarterly report is due on June
20 of this year. All reporting individuals must file this report
on the form supplied. These reports are the responsibility of the
individuals.
Attorney Spiva answered specific questions from the audience.
There is now the quarterly report in addition to the annual report
that was previously required.
If a lobbyist provides honorarium expenses to a reporting
individual, that lobbyist must supply the reporting individual with
~ a statement giving all the details about the expenses within 60
days after the event. The reporting individual receiving the
expenses related to the honorarium event has to file a report by
the following July 1 along with his financial disclosure.
Aggregation rules apply to Form 1. All gifts must be aggregated
for the year on this form. Form 7, for elected officials, does
not have that same language. All contributions of over $100.00
received on your behalf must still be reported, since the language
used is "on your behalf". Form 1 does not use this language, but
still must be aggregated.
Valuation rules provide for cost based on cost to the purchaser and
services are based on local custom cost. Under the new law,
transportation is a gift and is valued on a round trip basis.
Private transportation is valued at comparable commercial cost.
Lodging on consecutive days is considered reportable. Tickets are
also reportable on a face value or per event value (whichever is
greater). Membership dues paid for a reporting individual are
combined for an annual total and are reportable.
Attorney Spiva reminded the group to file the quarterly reports. He
then briefly summarized his presentation.
The meeting was adjourned at 7:15 p.m.
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