New Board Members Handbook

Duties and Powers of the Commission on Ethics: It is the duty of the Commission on Ethics to investigate sworn complaints of violations of the Code of Ethics by public officers and employees. Legislative Intent and Declaration of Policy: It is essential that public officials be independent and impartial in the conduct and operation of government. It is the policy of the State of Florida that no public officer shall have any interest, financial or otherwise, direct or indirect, nor shall he or she engage in any business transaction or professional activity or incur any obligations of any nature which are in substantial conflict with the proper discharge of his or her duties in the public interest. Standards of Conduct for Public Officers and Employees of Agencies: No Board or council member shall accept, directly or indirectly, any expenditure from any executive branch lobbyist or the lobbyist’s principal. No member of a licensing board may also be an officer, director, or administrator of a Florida state, county or regional professional or occupational association. A Board member cannot serve as or receive remuneration from a continuing education provider if the Board has authority over the continuing education programs or process. 3.3 The Sunshine Law and Public Records The Sunshine Law, Sections 286.011 and 286.012, Florida Statutes: All meetings of any board at which official acts are to be taken are public meetings. Attendance at meetings held in violation of the Sunshine Law can subject to fines and/or criminal charges. Voting: All members of a board present at a meeting must vote on each decision made at that meeting. There are only three exceptions to this requirement: (1) there is or appears to be a conflict of interest; (2) when that member is “recused.” for bias, prejudice, or interest’ or (3) members of a probable cause panel who reviewed the investigative materials shall not participate when the disciplinary matter comes before the board for final action. Scope of Sunshine Law: The Sunshine Law is applicable to any gathering where the members deal with any matter on which foreseeable action will be taken by the board unless there is an explicit exemption in the law and applies only to communication by one member to another member. Proceedings of the probable cause panel are exempt from the Sunshine Law until 10 days after probable cause is found, or the subject of an investigation waives confidentiality. In addition, the subject of meetings and records of meetings with regard to examination discussions are exempt only with regard to the examination questions. The public records law, Chapter 119, Florida Statutes, provides that all state, county and municipal records are open at all times for inspection by any person unless made confidential by law. Consequently, any materials that come into a board member ’s hands by reason of their position as a public official are probably public records and should be treated as such. All information required by the department of any applicant is a public record except financial information; medical information; school transcripts; examination questions, answers, papers, grades, and grading keys. 3.4 The Administrative Procedure Act The Administrative Procedure Act, Chapter 120, Florida Statutes: Meetings, Hearings and Workshops: Except for emergency meetings, notice of all public meetings must be published no less than seven days in advance in the Florida Administrative Register and the agenda shall be prepared in time to ensure that a copy may be received at least seven days before the event. 10 New Board Members Handbook