Agenda Item 10AApr 12 12 02:43p Alan Jensen
Mailing Address:
Post Office Box 50457
Jacksonville Beach, FL 32240 -0457
904 -246 -9960 AGENDA ITEM# IOA
APRIL 23, 2012
ALAN C. JENSEN
Attorney at Law
935 North Third Street
Jacksonville Beach, Florida 32250
Telephone: (904) 246 -2500
Facsimile: (904) 246 -9960 (call ftrso
E -Mail: Alan @AJensenLaw.com
MEMORANDUM
TO: Mayor and City Commissioners
City of Atlantic Beach
t
FROM: Alan C. Jensen, Esq., City Attorney
RE: Public Safety Building Review Committ
"Conflict of Interest"
DATE: April 12, 2012
I have reviewed a letter dated 4/8/12 from Don Ford, a member of the above - referenced
committee, accusing two other members of that committee of having a conflict of interest, as
follows:
1. Mr. Ford claims that Mitchell Reeves clearly has a conflict of interest because he
sells police equipment to the Police Department. We all heard Mr. Reeves' explanation of his
business with the City at the Commission meeting this past Monday, April 9, 2012.
2. Mr. Ford also accuses Julliette Hagist of having a conflict of interest, stating that
she "...clearly has a predetermined agenda to support the hand that feeds her... ", because
Sunnyland Cleaners, where I understand that Ms. Hagist is employed, gets the contract every
year to clean the Police Department uniforms.
Mr. Ford continues in his letter that the Commission should ask these two members to recuse
themselves as they clearly have a conflict of interest.
The state Code of Ethics is in part for public officers, and a "public officer" is defined as any
person elected or appointed to hold office in any agency, including any persons serving on an
advisory body. Florida Statute §112.313(1). Mr. Reeves and Ms. Hagist are public officers
subject to the state Code of Ethics for public officers.
The state Code of Ethics also defines "conflict" or "conflict of interest" to mean a situation in
which regard for a private interest tends to lead to disregard of a public duty or interest. Florida
Apr 12 12 02:43p Alan Jensen 904 -246 -9960 AGENDA ITEM# l0A
APRIL 23, 2012
Mayor and City Commissioners
April 12, 2012
Page 2
Statute § 112.312(8). Also, part of the express intent for the state Code of Ethics is that public
office not be used for private gain. Florida Statute §112.311(1).
There are numerous citations and examples regarding conflict of interest provided in the
annotations to the various statutes cited above. Some examples are as follows:
1. "A city councilman is not required to abstain from voting upon a request for a
zoning change made by one of his regular business customers, unless the granting of such
request would necessarily result in a substantial benefit to the city councilman's business. An
increase of 10 percent in the annual gross income of such business is sufficiently substantial to
require abstention from voting." This is relevant to the voting requirements set forth in Florida
Statute §286.012 and conflict of interest under §112.311. This quote is from F1a.AG0 073 -236.
2. Another Attorney General Opinion states as follows: "A person may serve as a
county commissioner even though he owns more than 10 percent of the stock of an engineering
firm; however, he should abstain from voting on matters relating to engineering services
furnished to clients by the engineering firm, under §286.012. Other conflicting personal
interests that might disqualify a member of a public body from voting on a particular matter
should be determined in accordance with the particular circumstances." F1a.AGO 073 -215.
3. "The managing director of a port authority may purchase supplies and equipment
from a company whose local branch office is managed by a member of the port authority without
violating §112.313.... Nor would such statutes be violated by a sale of land by the authority to
another corporation which has in the past and may in the future transact substantial business with
the branch office managed by the authority member. If the consummation of the transaction with
the corporation is done in the expectation that the probable consequence thereof would be a
substantial increase in the business of the corporation with the local branch office managed by
the authority member, such member could validly abstain from voting upon the transaction under
§286.012, and should abstain as a matter of public policy. However, if the possibility of
increased business with or purchases from the branch office is merely remote and speculative,
the authority member should not abstain from voting upon the transaction." FIa.AGO 073 -121.
4. Under §286.012 (referencing §112.3134) governing abstention from voting,
"special private gain" described by that statute almost always, if not always, refers to financial
interest of public official that is directly enhanced by the vote in question. George vs. City of
Cocoa, Fla. C.A. 11 (Fla.) 1996, 78 F.3d 494.
Unfortunately, are no bright lines in the state Code of Ethics which give definitive answers to
questions regarding conflicts of interest. As set forth in paragraph 2 above, each case will have
to be determined in accordance with the particular circumstances of that case.
It would appear that in order to have a conflict of interest, there must be a "special private gain"
which is in essence a special financial benefit to a member of the committee. Based upon the
knowledge and understanding of the facts and circumstances I have at this time, it does not
Apr 12 12 02:43p Alan Jensen
Mayor and City Commissioners
April 12, 2012
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904 - 246 -9960 AGENDA ITEM# IOA
APRIL 23, 2012
appear to me that the conflicts of interest suggested by Mr. Ford exist under the provisions of
Chapter 112, Florida Statutes. This opinion is shared by Carla Miller, an attorney who is ethics
officer for the City of Jacksonville, and who I spoke with regarding this situation and the claims
of Mr. Ford.
I am comfortable with stating that there is no conflict of interest for Ms. Hagist based upon her
employment at Sunnyland Cleaners and the fact that her employer has an existing contract to
clean the Police Department uniforms. The contract with Sunnyland Cleaners may not have met
the required amount to be put out for formal bid, but I understand that various quotes were
obtained before the contract was awarded. In any event, it does not appear that Ms. Hagist will
receive any special financial benefit as a result of her participation as a committee member and
her vote in whatever recommendation is made by the committee to the City Commission.
Less clear is the situation of Mr. Reeves and his employment with a company that sells
equipment to the Police Department. Again, based upon representations that Mr. Reeves made at
the Commission meeting on April 9, 2012, it does not appear that he would receive any special
financial benefit as a member of the committee. However, there is more of an appearance of a
conflict of interest, which could well be the public perception, based upon the fact that his
employer sells equipment to the Police Department. As is the case with Ms. Hagist, it does not
appear that Mr. Reeves' business with the Police Department will be impacted by any
recommendation made by the committee to the City Commission. It would also appear to be
disrespectful to Mr. Reeves' participation with the committee during the several meetings they
have already had to remove him from the committee at this time. It would certainly be
appropriate for Mr. Reeves to continue participating in the meetings of the committee, but
consider abstaining from any vote on the recommendation from the committee to the City
Commission, mainly because of the appearance of a conflict of interest as set forth above.
In any event, based upon all of the foregoing, it would be appropriate for any member of the
committee who feels that they have a conflict of interest to in fact declare that conflict
themselves. They could choose to resign from the committee or, because of the length of time
the committee has been in existence and the number of meetings already held, continue to
participate in all committee activities and then abstain from voting on any recommendation to the
City Commission.
The above suggestions should not be limited to Mr. Reeves and Ms. Hagist, but to all members
of the committee. If all members of the committee are to be unbiased and open - minded, then
according to the request from Mr. Ford, none of the committee members should have had any
dealings with the City of Atlantic Beach at all, and none should have expressed any opinions in
regard to the police building. In would be up to any of the members to then declare whether they
have a conflict of interest and to take any appropriate action they deem necessary at that time.
Apr 12 12 02:44p Alan Jensen
Mayor and City Commissioners
April 12, 2012
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904 - 246 -9960 AGENDA ITEM# IOA
APRIL 23, 2012
I hope the above addresses the concerns raised by Mr. Ford in his letter dated April 8, 2012. I
will be more than happy to discuss the matter further with anyone, at any time.
Cc: City Manager
City Clerk
:sky