OFFICIAL MEETING MINUTES OF THE PALM BEACH COUNTY COMMISSION ON ETHICS PALM BEACH COUNTY, FLORIDA MARCH 2, 2017 THURSDAY COMMISSION CHAMBERS 9:10 A.M. GOVERNMENTAL CENTER I. CALL TO ORDER II. ROLL CALL MEMBERS: STAFF: Michael S. Kridel, Chair Clevis Headley, Vice Chair Michael F. Lffred Judy M. Pierman Sarah L. Shullman Mark E. Bannn, Cmmissin n Ethics (COE) Executive Directr Anthny C. Bennett, COE Chief Investigatr Abigail Irizarry, COE Investigatr I Christie E. Kelley, Esq., COE General Cunsel Gina A. Levesque, COE Intake and Cmpliance Manager ADMINISTRATIVE STAFF: Julie Burns, Deputy Clerk, Clerk & Cmptrller's Office Ill. INTRODUCTORY REMARKS Chair Michael Kridel said that tday's primary business invlved the final hearing n C16-006. COMMISSION ON ETHICS 1 MARCH 2, 2017
IV. IV.a. MINUTES January 12, 2017 Meeting MOTION t apprve the January 12, 2017 minutes. Mtin by Judy Pierman, secnded by Clevis Headley, and carried 5-0. IV.b. February 2, 2017 Meeting MOTION t apprve the February 2, 2017 minutes. Mtin by Clevis Headley, secnded by Michael Lffred, and carried 5-0. V. PROCESSED ADVISORY OPINIONS (CONSENT AGENDA) V.a. Request fr Opinin (RQO) 17-002 MOTION t apprve the cnsent agenda. Mtin by Judy Pierman, secnded by Clevis Headley, and carried 5-0. VI. VII. VIII. IX. ITEMS PULLED FROM CONSENT AGENDA - Nne EXECUTIVE DIRECTOR COMMENTS - Nne COMMISSION COMMENTS - Nne PUBLIC COMMENTS - Nne RECESS At 9:12 a.m., the chair declared the meeting recessed. RECONVENE At 9:55 a.m., the meeting recnvened with Chair Kridel, Vice Chair Clevis Headley, and Cmmissiners Michael Lffred, Judy Pierman, and Sarah Shullman present. X. FINAL HEARING C16-006 Chair Kridel stated that Cmmissiner Sarah Shullman wuld preside ver the C16-006 final hearing. COMMISSION ON ETHICS 2 MARCH 2, 2017
Patrick Quinlan, Cmmissin n Ethics (COE) Vlunteer Advcate, said that: Abigail Irizarry, COE Investigatr, prepared a thumb drive cntaining the COE's list f numbered exhibits with hyperlinks t the specific exhibits. He and Jelni Davis, cunsel fr Respndent Rwan Hughes, agreed t mark the thumb drive as Exhibit A. Specific hard-cpy exhibits wuld be shwn t witnesses and prvided t the COE. Hard-cpy exhibits wuld be included in the thumb drive except fr the Office f Inspectr General (OIG) reprt. He and Mr. Davis agreed that COE witness Daniel Bates, Envirnmental Resurces Management (ERM) Deputy Directr, culd appear by telephne. Cmmissiner Shullman stated that: The final hearing was being recrded by PBC TV Channel 20. Evidentiary standards fr the public hearing wuld be based n criteria cntained in Sectin 2-260.1 f the COE rdinance. The public hearing shall nt adhere t the technical rules f evidence and witnesses, and relevant evidence may be admitted. Hearsay evidence culd be admitted if used t supplement and explain ther evidence r testimny but wuld nt, in and f itself, be sufficient t supprt a finding. Oral evidence taken under ath r affirmatin wuld be administered by Gina Levesque, COE Intake and Cmpliance Manager. Submissin f affidavits frm witnesses wh may have been called t testify but did nt appear wuld nt be allwed. Witness depsitins were permitted. COMMISSION ON ETHICS 3 MARCH 2, 2017
Mr. Quinlan wuld make a brief presentatin, fllwed by Mr. Davis r Mr. Hughes. Rebuttal wuld be allwed at the discretin f the presiding cmmissiner. Mr. Quinlan wuld present his case, including witnesses and dcumentary evidence. Mr. Davis culd crss-examine witnesses upn cmpletin f direct examinatin and wuld then present his case and any witnesses r dcumentary evidence. Mr. Quinlan culd crss-examine Mr. Davis' witnesses upn cmpletin f direct examinatin. Rebuttal wuld be allwed at the discretin f the presiding cmmissiner. Mr. Quinlan and Mr. Davis culd impeach a witness regardless f wh called the witness t testify. Mr. Quinlan and Mr. Davis culd make a brief clsing statement after submitting all evidence and witness testimny. Rebuttal wuld be allwed at the discretin f the presiding cmmissiner. Once all witnesses were heard and all evidence was submitted, the evidentiary standard wuld be addressed again. The COE wuld then engage in public discussin, evaluate the evidence, and determine whether a vilatin ccurred. A finding wuld be determined at the end f public discussin. If the COE fund by clear and cnvincing evidence that a vilatin was cmmitted, the COE wuld issue an rder impsing the apprpriate penalty based n cmpetent, substantial evidence in the recrd. The finding wuld als include a determinatin f whether the vilatin was intentinal r unintentinal. A public reprt f the finding wuld be issued. COMMISSION ON ETHICS 4 MARCH 2, 2017
If the COE fund that a vilatin ccurred, the penalty wuld include a public reprimand, a fine f up t $500 per vilatin, r bth. If a vilatin was nt supprted by clear and cnvincing evidence, the case wuld be dismissed, and a public reprt f the findings wuld be issued based n cmpetent, substantial evidence in the recrd. The COE wuld publish its public reprt at the end f the public hearing unless Mr. Quinlan and Mr. Davis submitted written prpsed public reprts. The prpsed public reprts shuld be submitted within 12 mnths f the June 28, 2016 filing f the cmplaint unless extended by the COE fr gd cause. Mark Bannn, COE Executive Directr, read the clear and cnvincing evidence standard: In rder t find that Respndent has cmmitted a vilatin f the Palm Beach Cunty Cde f Ethics, the Cmmissin must find by clear and cnvincing evidence, based n cmpetent substantial evidence in the recrd, that a vilatin was cmmitted by Respndent. The clear and cnvincing evidence standard is an "intermediate" standard f prf, and requires "evidence indicating that the thing t be prved is highly prbable r reasnably certain." The Flrida Supreme Curt has held that clear and cnv1nc1ng evidence requires, "that the evidence submitted must be fund t be credible; the facts t which the witnesses testify must be distinctly remembered; the testimny must be precise and explicit and the witnesses must be lacking in cnfusin as t the facts in issue. The evidence must be f such weight that it prduces in the mind f the trier f fact a firm belief r cnvictin, withut hesitancy, as t the truth f the a/legatins t be established. " COMMISSION ON ETHICS 5 MARCH 2, 2017
Cmmissiner Shullman stated that: The COE wuld determine tw alleged vilatins f Sectin 2-443(a) and Sectin 2-443(b) f the Cde f Ethics (Cde). T find a vilatin f Sectin 2-443(a), the evidence must shw that Mr. Hughes used his fficial psitin, r tk sme actin, r influenced thers t take an actin t give a special financial benefit t himself r ne f the persns r entities listed in Sectin 2-443(a). The Cde defined a financial benefit as any mney, service, license, permit, cntract, authrizatin, lan, travel, entertainment, hspitality, gratuity, r any prmise f any f these r anything else f value. T find a vilatin f Sectin 2-443(b), the evidence must shw that Mr. Hughes used his fficial psitin t crruptly secure a special privilege, benefit, r exemptin fr himself r fr smene else. The Cde defined "crruptly" as dne with a wrngful intent and fr the purpse f btaining r receiving cmpensatin fr any benefit resulting frm sme act by the public emplyee, which was incnsistent with the prper perfrmance f his public duties. Mr. Quinlan stated the fllwing during his pening statement: During the prbable cause hearing, Mr. Hughes acknwledged that he used a Cunty vehicle t drive t Rn Chestn Autmtive (RCA). Use f a Cunty vehicle wuld be mentined during the presentatin f evidence regarding the allegatin that Mr. Hughes imprperly sught t reduce his aut repair cst by referring t his Cunty psitin. Mr. Davis indicated that the misuse f a Cunty vehicle charge did nt need t be prven. Evidence wuld establish that in discussing the aut repair and payment n June 22, 2017, Mr. Hughes referenced his Cunty psitin with ERM and well field inspectins, which culd directly impact RCA. COMMISSION ON ETHICS 6 MARCH 2, 2017
Rn Chestn Sr. said that he felt threatened and intimidated by Mr. Hughes' reference t his ERM psitin and the suggestin that it wuld be in his best interest t reduce r discunt the aut repair cst. Mr. Hughes paid the aut repair bill n June 22, 2017, but Mr. Chestn Sr. immediately called the Cunty t cmplain abut the manner in which Mr. Hughes referenced his ERM psitin and his implicatin that there culd be negative cnsequences if the discunt was nt prvided. On June 23, 2017, Mr. Chestn Sr. and Rn Chestn Jr. prvided statements t the OIG. The Chestns, Mr. Bates, Rbert Rbbins, ERM Directr, and Ms. Irizarry wuld be called t testify. After presentatin f evidence, it wuld be clear and cnvincing that Mr. Hughes vilated Sectins 2-443(a) and 2-443(b). Mr. Davis stated the fllwing during his pening statement: Mr. Hughes wuld admit t vilating Sectin 2-443(a) s prving misuse f a Cunty vehicle was unnecessary. A different versin f the facts wuld be presented regarding a vilatin f Sectin 2-443(b ). Mr. Hughes made arrangements with RCA t repair pssible fuel issues n his truck. RCA called Mr. Hughes arund June 19, 2015, stating that the repairs were cmpleted, and Mr. Hughes arrived at RCA n June 22, 2015. Mr. Hughes briefly spke t Mr. Chestn Sr., walked utside t speak t Mr. Chestn Jr., and inspected the truck befre paying the repair bill. COMMISSION ON ETHICS 7 MARCH 2, 2017
Mr. Hughes mentined t Mr. Chestn Jr. that he wrked fr ERM and with staff that handled il fields and ther envirnmental issues; hwever, Mr. Chestn Jr. may have misinterpreted the cmment. Mr. Hughes went inside the RCA shp and questined the fuel pump cst. Mr. Hughes eventually paid the bill, but at n time n June 22, 2015, did he mentin a gvernment discunt r use his psitin t influence a discunt. Mr. Hughes arranged t pick up his truck later and left in the Cunty vehicle that he arrived in. At the end f the day, Mr. Hughes returned with his wife t pick up the truck. The truck stalled n the way hme. Mr. Hughes called RCA, but it was clsed. On June 23, 2015, Mr. Hughes arrived at RCA in a Cunty vehicle and explained what happened t the truck. Mr. Chestn Sr. rudely respnded. The evidence wuld shw that Mr. Hughes did nt mentin a gvernment discunt r his ERM psitin t influence a discunt. Mr. Chestn Sr. asked Mr. Hughes t return the truck. Mr. Hughes requested that the fuel pump be replaced. Mr. Chestn Sr. stated that the riginal fuel pump was cnsidered used after installatin. Mr. Hughes filed a credit card dispute stating that the services and gds were nt prvided. The evidence wuld shw that a fuel pump was never installed in the truck and that n June 23, 2015, the Chestns initiated an OIG cmplaint. Clear and cnvincing evidence wuld nt shw that Mr. Hughes used his ERM psitin t influence any discunt n his truck. COMMISSION ON ETHICS 8 MARCH 2, 2017
Mr. Quinlan clarified that Mr. Hughes' reference t his emplyment status t btain a discunt vilated Sectins 2-443(a) and 2-443(b). He added that Mr. Davis nly cnceded t the prtin f Sectin 2-443(a) invlving the misuse f a Cunty vehicle. (CLERK'S NOTE: Mr. Quinlan cnducted direct examinatin f Mr. Chestn Sr.) (CLERK'S NOTE: Mr. Davis cnducted crss-examinatin f Mr. Chestn Sr.) Mr. Quinlan stated that it was nearing the time when Mr. Bates wuld appear by telephne. He added that direct examinatin wuld take apprximately three minutes and that there wuld be n exhibits. Mr. Davis said that he wuld nt bject t Mr. Quinlan questining Mr. Bates at this time. Cmmissiner Shullman nted that Mr. Bates wuld appear by telephne due t a family medical emergency invlving a minr. Mr. Quinlan said that crss-examinatin culd cntinue until Mr. Bates was available. (CLERK'S NOTE: Mr. Davis cntinued crss-examinatin f Mr. Chestn Sr.) Mr. Davis requested that Mr. Chestn Sr. remain until Mr. Bates testimny was cncluded. (CLERK'S NOTE: Mr. Quinlan cnducted direct examinatin f Mr. Bates wh appeared by telephne.) (CLERK'S NOTE: Mr. Davis cnducted crss-examinatin f Mr. Bates.) (CLERK'S NOTE: Mr. Quinlan cnducted redirect examinatin f Mr. Bates.) (CLERK'S NOTE: Mr. Davis cntinued crss-examinatin f Mr. Chestn Sr.) (CLERK'S NOTE: Mr. Quinlan cnducted redirect examinatin f Mr. Chestn Sr.) COMMISSION ON ETHICS 9 MARCH 2, 2017
RECESS At 11 :51 a.m., Cmmissiner Shullman declared the meeting recessed.) RECONVENE At 11 :58 a.m., the meeting recnvened with Chair Kridel, Vice Chair Clevis Headley, and Cmmissiners Michael Lffred, Judy Pierman, and Sarah Shullman present. (CLERK'S NOTE: Mr. Quinlan cnducted direct examinatin f Mr. Rbbins.) (CLERK'S NOTE: Mr. Davis cnducted crss-examinatin f Mr. Rbbins.) (CLERK'S NOTE: Mr. Quinlan cnducted redirect examinatin f Mr. Rbbins. RECESS At 12:27 p.m., Cmmissiner Shullman declared the meeting recessed. RECONVENE At 1 :28 p.m., the meeting recnvened with Chair Kridel, Vice Chair Clevis Headley, and Cmmissiners Michael Lffred, Judy Pierman, and Sarah Shullman present. Mr. Quinlan stated that: Rn Chestn Jr. was unable t appear and testify at this time. If the hearing resumed n March 3, 2017, at 8:30 a.m., he and Mr. Davis culd cnclude at 11 :30 a.m. Mr. Davis did nt want Mr. Hughes t testify until Mr. Chestn Jr.'s testimny was cmpleted. Cmmissiner Shullman stated that resuming the hearing n March 6, 2017, at 10:00 a.m. wuld wrk best fr everyne. COMMISSION ON ETHICS 10 MARCH 2, 2017
Mr. Quinlan said that he had n bjectins t Ms. Irizarry testifying befre adjurnment. (CLERK'S NOTE: Mr. Davis cnducted direct examinatin f Ms. Irizarry.) XI. ADJOURNMENT At 1 :44 p.m., the chair declared the meeting adjurned. APPROVE~ Chaif/Vicet1air COMMISSION ON ETHICS 11 MARCH 2, 2017