The Tallahassee Independent Ethics Board highlighted nine advisory opinions in the Board’s 2024 Annual Report. The opinions addressed the acceptance of gifts, and the misuse of position related to covered individuals.
The Board may issue advisory opinions related to ethics, conflict of interest, and any other topic over which it has jurisdiction. An advisory opinion is an interpretation of the City Charter as it applies to a set of facts provided in writing by the individual requesting the opinion. The purpose of an advisory opinion is to guide public officials and city employees before they engage in activities that may be prohibited.
The Tallahassee Independent Ethics Board issued these opinions during the 2024 fiscal year:
Solicitation or Acceptance of Gifts
Q: Does a covered individual violate the Tallahassee Ethics Code ban on solicitation and acceptance of a gift by accepting payment from a company which is not a city vendor, in exchange for participating in a consumer satisfaction interview provided by that company when a city vendor may use the findings?
A: This question is answered in the negative.
Misuse of Public Position
Q: Does a city employee violate the Tallahassee Ethics Code ban on the misuse of public position by accepting payment from a company which is not a city vendor in exchange for participating in a consumer satisfaction interview provided by that company when a city vendor may use the findings?
A: This question is answered in the negative.
Solicitation or Acceptance of Gifts
Q: Does a covered individual violate the Tallahassee Ethics Code ban on solicitation and acceptance of a gift by attending at no cost an event held by a 501(c)(3) nonprofit and helping to raise money toward that 50l(c)(3) nonprofit at the event when the event has been financed by soliciting donations from lobbyists that appear before the City?
A: This question is answered in the negative.
Misuse of Public Position
Q: Does a covered individual violate the Tallahassee Ethics Code ban on misuse of public position by participating in a community activity sponsored by a local business where he donates a personal item to be included in a scavenger hunt?
A: This question is answered in the negative.
Solicitation or Acceptance of Gifts
Q: Does a covered individual violate the Tallahassee Ethics Code ban on solicitation or acceptance of a gift by participating in a community activity sponsored by a city vendor where the covered individual will receive publicity?
A: This question is answered in the affirmative.
Solicitation or Acceptance of Gifts
Q: Does a covered individual violate the Tallahassee Ethics Code ban on solicitation or acceptance of a gift by accepting free lodging paid for by the city vendor to attend an event?
A: This question is answered in the affirmative. Solicitation or Acceptance of Gifts
Q: Does a covered individual violate the Tallahassee Ethics Code ban on solicitation or acceptance of a gift by accepting free admission to an event sponsored by a city vendor when free admission is made available by that city vendor to similarly situated individuals?
A: This question is answered in the negative.
Solicitation or Acceptance of Gifts
Q: Does a covered individual violate the Tallahassee Ethics Code ban on solicitation or acceptance of a gift by accepting free lodging paid for by the city vendor to attend an event?
A: This question is answered in the affirmative.
Misuse of Public Position
Q: Does a covered individual violate the Tallahassee Ethics Code ban on misuse of public position by serving as a member of an LLC where the LLC assists private individuals seeking municipal funds and the LLC receives a percentage of those funds as compensation?
A: Based on other contingent factors discussed below, this question is answered m the negative.
Solicitation or Acceptance of Gifts
Q: Does a covered individual violate the Tallahassee Ethics Code ban on solicitation or acceptance of a gift by accepting free food and beverages from non-profit and for-profit organizations that have no relationship with the City of Tallahassee and offer these meals to all similarly situated employees?
A: The question, as it applies to the specific facts set forth, is answered in the negative
The Ethics Board
In 2014, the Tallahassee Independent Ethics Board was established through a citizen referendum. The City Commission funds the Ethics Board within its discretionary budgetary authority at a level sufficient to discharge the Board’s responsibilities. The Board is an independent, quasi-judicial body whose members are registered City of Tallahassee electors with appropriate subject matter expertise, none of whom are officers or employees of local government. The Board consists of seven volunteers, five selected by the City Commission, Florida A&M University, Florida State University, State Attorney’s Office Second Judicial Circuit, and the Public Defender’s Office Second Judicial Circuit, and two at large members selected by the Board.
The Ethics Officer receives complaints, conducts investigations, develops and coordinates training, and oversees every function of the Board. There is an administrative assistant who maintains the budget, handles purchases, coordinates the Board’s monthly meetings, and develops and coordinates training. The Board contracts with an outside attorney for legal matters.
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Solicitation of gifts regarding a 501(c)(3) could possibly cause that entity to lose its tax exempt status.
Remember about a year ago the local paper reported, the City’s accounting dep’t couldn’t account for a missing million dollars… and maybe theft was a concern . The last printed history was TPD, was to investigate . Any response ?