HomeMy WebLinkAboutfl_comm_on_ethics_opinion_20-02_20200311Kimberly Bonder Rezanka
Chair
Daniel Brady, Ph.D.
Vice Chair
Jason David Berger
Antonio Carvajal
Glenton "Glen" Gilzean, Jr.
John Grant
JoAnne Leznoff
F. Shields McManus
William "Willie'? N. Meggs
State of Florida.
COMMISSION ON
P.O. Drawer 15709
Tallahassee, Florida 32317-5709
325 John Knox Road
Building E, Suite 200
Tallahassee, Florida 32303
"A .Public Office is a Public Trust"
C. Christopher Anderson, III
Executive Director/
General Counsel
Kerrie J. Stillman
Deputy Executive Director
(850) 488-7864 Phone
(850) 488-3077 (FAX)
www.ethies.state.fl.us
March 1 1, 2020
Anthony A. Garganese, City Attorney
Garganese, Weiss D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802-2873
Re: Commission on Ethics Opinion No. 204 2
Dear Mr. Garganese:
Enclosed is the advisory opinion from the Commission on Ethics which you have requested. This
opinion, until amended or revoked, is binding on the conduct of the officer, employee, or
candidate who sought the opinion or with reference to whom the opinion was sought, unless
material facts were omitted or misstated in the request for the advisory opinion. [Section
12.322(3)(b), Florida Statutes]
This opinion is a final action by the Commission on Ethics and is subject to review in a District
Court of Appeal upon the petition of the person(s) against whom an adverse opinion is given.
[Section 112.3241, Florida Statutes] Review may be sought by filing a notice of administrative
appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Commission and
filing a copy of the notice (attaching a conformed copy of the opinion) and a filing fee with the
District Court, within 30 days from the date the opinion was rendered.
If you have any questions, please do not hesitate to contact me.
Sincerely,
C. Christopher Anderson, Ill
Executive Director/General Counsel
Enclosure
CEO 20-02 — March 11, 2020
PUBLIC OFFICERS; FINANCIAL DISCLOSURE
MAYOR EMERITUS OF THE CITY OF CAPE CANAVERAL
To: Anthony A. Garganese, Esq. (Cape Canaveral)
SUMMARY:
Under the circumstances presented, the Mayor Emeritus of the City of Cape
Canaveral is a "public officer" subject to the requirements of Section 112.313,
Florida Statutes, but is not a "local officer" required to file a statement of financial
interests under Section 112.3145, Florida Statutes.
QUESTION l:
Is the Mayor Emeritus of the City of Cape Canaveral a "public officer" subject to
the standards of conduct contained within Section 112.313, Florida Statutes?
Under the particular circumstances presented, this question is answered in the affirmative.
According to your inquiry, former Mayor of the City of Cape Canaveral, Rocky Randels,
completed his most recent term of as a member of the City Council in November 2019, after 31
years of serving the City in elective office. In recognition of his public service record, the City
passed a resolution to offer Mr. Randels the title and position of Mayor Emeritus of the City of
Cape Canaveral (Mayor Emeritus). According to the resolution, the position of Mayor Emeritus
is an unpaid,' volunteer position without benefits, except as provided below, and with certain
duties and privileges, including: (1) serving as an advocate and good will ambassador for the City,
(2) having access to the City email and Office 365 Cloud, (3) having access to City Hall with a
new ID badge and business cards, (4) having access to the council's workroom and a computer,
and, subject to proper appropriations and approvals, (5) receiving direct payment or reimbursement
by the City of expenses related to the official approved duties of the position, such as approved
memberships, events, meetings, meals, mileage, and lodging. The resolution specifies that the
Mayor Emeritus is not a member of the City Council or any City boards and does not have authority
to bind the City to any decision or contract. Lastly, the resolution states that the position shall
automatically terminate if Mr. Randels announces his candidacy or qualifies to run for any elective
office.
In addition to what is stated in the resolution, you inform us that the Mayor Emeritus will
serve as the City's alternate voting member on the Space Coast League of Cities, an organization
of regional municipalities promoting their mutual interests. You also inform us that the City's
1 You inform us that Mr. Randels is eligible under law to receive a pension from the City due to
his length of service. Mr. Randels invoked this benefit during his last term of office and waived
the payments for the remainder of his term. You state that he is eligible to receive pension
payments going forward and those pension payments would not constitute payment for his
performance as Mayor Emeritus.
Page 2 CEO 20-02
insurance carrier will extend workers' compensation insurance to Mr. Randels as an incident of his
volunteer status with the City.
Section 112.313(1), Florida Statutes, defines "public officer" as "any person elected or
appointed to hold office in any agency, including any person serving on an advisory body." An
"agency" is defined in Section 112.312(2), Florida Statutes, as:
"any state, regional, county, local, or municipal government entity of this state,
whether executive, judicial, or legislative; any department, division, bureau,
commission, authority, or political subdivision of this state therein; any public
school, community college, or state university; or any special district as defined in
s. 189.012."
We find that any holder of the Mayor Emeritus position, as outlined in the City's resolution,
is a "public officer" as that term is defined by Section 112.312(2). The City is an "agency"
inasmuch as it is a political subdivision of the State.2 The position is an "office" inasmuch as it
has been delegated the authority by a mechanism of law to publicly represent the City on certain
matters as a goodwill ambassador and to advocate for the interests of the City and the authority to
exercise these duties is assumed only though appointment by the City Council.
For the foregoing reasons, we find the Mayor Emeritus is a public officer for purposes of
Section 112.313.
Your first question is answered accordingly.
QUESTION 2:
Is the Mayor Emeritus a "local officer" required to file statements of financial
interests under Section 112.3145, Florida Statutes?
Under the particular circumstances presented, your question is answered in the negative.
Section 112.3145, Florida Statutes, requires "local officers," "state officers," and "specified
state employees" to a statement of financial interests annually no later than July 1 each year, within
30 days of assuming public office or employment, and within 60 days of leaving their public
position. There is no indication that Mr. Randels is a state officer or specified state employee by
way of other employment or officeholding, so we need only concern ourselves with the question
of whether he is a local officer.
Section 112.3145(1)(a), Florida Statutes defines a "local officer" as:
1. Every person who is elected to office in any political subdivision of the state,
and every person who is appointed to fill a vacancy for an unexpired term in such
an elective office.
2 Section 1.01(8), Florida Statutes, defines "political subdivision," for purposes of interpreting the
Florida Statutes, to include "counties, cities, towns, villages, special tax school districts, special
road and bridge districts, bridge districts, and all other districts in this state."
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2. Any appointed member of any of the following boards, councils, commissions,
authorities, or other bodies of any county, municipality, school district, independent
special district, or other political subdivision of the state:
a. The governing body of the political subdivision, if appointed;
b. A community college or junior college district board of trustees;
c. A board having the power to enforce local code provisions;
d. A planning or zoning board, board of adjustment, board of appeals, community
redevelopment agency board, or other board having the power to recommend,
create, or modify land planning or zoning within the political subdivision, except
for citizen advisory committees, technical coordinating committees, and such other
groups who only have the power to make recommendations to planning or zoning
boards;
e. A pension board or retirement board having the power to invest pension or
retirement funds or the power to make a binding determination of one's entitlement
to or amount of a pension or other retirement benefit; or
f. Any other appointed member of a local government board who is required to
file a statement of financial interests by the appointing authority or the enabling
legislation, ordinance, or resolution creating the board.
3. Any person holding one or more of the following positions: mayor; county or
city manager; chief administrative employee of a county, municipality, or other
political subdivision; county or municipal attorney; finance director of a county,
municipality, or other political subdivision; chief county or municipal building
code inspector; county or municipal water resources coordinator; county or
municipal pollution control director; county or municipal environmental control
director; county or municipal administrator, with power to grant or deny a land
development permit; chief of police; fire chief; municipal clerk; district school
superintendent; community college president; district medical examiner; or
purchasing agent having the authority to make any purchase exceeding the
threshold amount provided for in s. 287.017 for CATEGORY TWO, on behalf of
any political subdivision of the state or any entity thereof.
Because the position of Mayor Emeritus is not an elective office or a member of one of the
specified appointive boards, the position will not meet the specifications of Sections
112.3145(1)(a)1. and 2., Florida Statutes. The Mayor Emeritus position does not coincide with
the positions listed in Section 112.3145(1)(a)3., Florida Statutes. Among the positions listed is
"mayor," but the Mayor Emeritus is not a mayor and does not have any duties typically reserved
for a mayor. Also, we assume from the context of the duties of the Mayor Emeritus that the holder
of the position will have spending authority below the threshold amount provided in Section
287.017 for Category Two.3 In sum, we find that the Mayor Emeritus is not a "local officer" and,
therefore, is not required by Section 112.3145 to file a statement of financial interests.
Your second question is answered accordingly.
3 That amount presently is set at $35,000.
Page 4 CEO 20-02
ORDERED by the State of Florida Commission on Ethics meeting in public session on
March 6, 2020, and RENDERED this 11 w day of March, 2020.
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Kimberly B. Rezanka, Chair