9/9 FRI 9:30 | Combating Corruption By Being Ethical 3

COMBATING CORRUPTION BY BEING ETHICAL

A Presentation to the

American Planning Association, Florida Chapter2011 Conference

The Breakers, Palm BeachFriday, September 9, 2011

Frank S. PALEN, AICP, ESQ.Caldwell Pacetti Edwards Schoech & Viator LLP, Attorneys at Law

One Clearlake Centre, Suite 600250 South Australian Avenue

West Palm Beach, Florida 33401Phone: 561-655-0620 Facsimile: 561-655-3775

www.caldwellpacetti.com

©MMXI CPESV LLC. All Rights Reserved

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Palm Beach County ethics reform -- 1988

04/12/23 3Caldwell Pacetti Edwards Schoech & Viator LLP, Attorneys at Law

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Palm Beach County’s reputation

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Public corruption in Palm Beach County

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Public corruption in Broward County

The Chaits: Pére et FilsPrestige Homes, Tamarac &

Coral Springs

(4 Years Probation)

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Other recent corruption allegations in Florida – We are not alone

JaxPort Executive Director Port Canaveral Commissioner Orange County Commissioner Hillsborough County Commissioner City of Wauchula Commissioners (5) Dixie County Commissioners (2) & P&Z Manager Sarasota County Contracting Scandal Santa Rosa County Commission Workforce Central Florida Contracts Numerous police officers Miami Dade Corrections systematic abuse of prisoners U.S House of Representatives

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The federal & state response to scandal Federal

U.S. Attorney & FBI Task Forces; US Grand Jury Prosecutions

“Honest Services Fraud” (18 USC §1346) Intangible right to honest services of public officials Undisclosed financial interest (kickbacks, secret deals,

commissions), intent to defraud, use of mail/wires Conflicts of interest Bribery Extortion Tax evasion

Palm Beach County State Attorney Grand Jury

State of Florida, Governor Crist Statewide Grand Jury

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Responses to scandal:Palm Beach & Statewide Grand Juries

Corruption by Palm Beach County Commission

First Interim Report

“Florida’s Corruption Tax”

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Statewide Grand Jury comments on the Broward School District (Final Report)

“The evidence we have been presented concerning the malfeasance, misfeasance and nonfeasance of the Broward County School Board … and of the senior management of the Broward County School District, … and of the gross mismanagement and apparent ineptitude of so many individuals at so many levels is so overwhelming that we cannot imagine any level of incompetence that would explain what we have seen. Therefore we are reluctantly compelled to conclude that at least some of this behavior can best be explained by corruption of our officials by contractors, vendors and their lobbyists.… But for the Constitutional mandate that requires an elected School Board for each District, our first and foremost recommendation would have been to abolish the Broward County School Board altogether.”

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The Florida Legislature’s response to scandal

No substantial changes Florida Code of Ethics For Public

Officers & Employees Ch. 112, Part III, §§311-326, F.S. Florida Commission on Ethics

Lacks Investigative Authority “Reporting Individuals”

Florida criminal laws Ch. 838, F.S. (Bribery; Misuse of Public Office) Ch. 839, F.S. (Offenses by Public Officers) Ch. 777, F.S. (Criminal Solicitation; Conspiracy)

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Palm Beach County’s response to scandal Ethics Code(s) Revision

Ethics Code Lobbyist Registration Post-Employment Ethics

Independent Investigation & Enforcement Mechanisms (“Miami-Dade County” Model) Commission on Ethics Inspector General

County Charter Revision (Nov. 2011) Municipalities included Contract entities encouraged to join by Interlocal

Agreement/MOU Constitutional Officers, School Board, Independent

Special Districts not included

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Precursors to unethical decision making – our worldWe live in ethically challenging times: make your own list! Profound economic uncertainty Recent US Supreme Court decisions

Corporate free speech & unlimited campaign contributions (“Citizens United”) = corruption of our basic institutions

24/7 media coverage = trivialization of daily life Vulgarity; “reality TV”; Schadenfreude Ayn Rand, Objectivism, “I Am John Galt” & “The Virtue of

Selfishness” “Planners” (Government) are the problem

Corporate “bailouts”; “too big to fail”; perceived gap between our ideals & social & economic realities

Envy & fear converted to rage & magnified on the “blogosphere”

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Precursors to unethical decision making – our state

Note: No. convictions/100,000 pop., 1997-2006

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Precursors to unethical decision making – our work

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Precursors to unethical decision making – our psychology

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Conclusion

What have I learned about “ethics” from this multi-year focus on public corruption? A personal statement

Why do good people do bad things?