• Share
  • Email
  • Embed
  • Like
  • Save
  • Private Content
9/9 FRI 9:30 | Combating Corruption By Being Ethical 3
 

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

on

  • 302 views

Frank Palen ...

Frank Palen

The training session will focus on the new fourth section of the AICP Ethics Code. Included will be a dialogue about the ongoing ethical code efforts in Broward and Palm Beach counties to help combat the political corruption that has sent multiple city
and county commissioners, and at least one certified planner, to prison. A must hear for all planners.

Statistics

Views

Total Views
302
Views on SlideShare
302
Embed Views
0

Actions

Likes
0
Downloads
3
Comments
0

0 Embeds 0

No embeds

Accessibility

Categories

Upload Details

Uploaded via as Microsoft PowerPoint

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment
  • SELF-INTRODUCTION WHAT QUALIFIES ME TO TALK ABOUT “ETHICS”? I AM JUST A REASONABLY WELL-INFORMED OBSERVOR. SO TAKE THAT INTO ACCOUNT. FIRST GOT INVOLVED IN 2007 THRU THE PBC PLANNING CONGRESS – WE THOUGHT WE NEEDED TO ADDRESS THE “500 POUND GORILLA” IN THE PARLOR – WHY WERE SO MANY PLANNERS INVOLVED IN PUBLIC CORRUPTION WE JOINED WITH FAU PLANNING SCHOOL, TC & BROWARD CHAPTERS OF APA, FLA BAR, LEADERSHIP PBC TO ADDRESS “SOUTH FLA’S CULTURE OF CORRUPTION”
  • EXAMPLE OF HOW FAR WE’VE COME THIS WAS ME IN 1988 THE FIRST ROUND OF ETHICS REFORM IN PBC – CLOSE THE “REVOLVING DOOR ” WHICH THEY DID PRETTY AFFIRMATIVELY
  • IN 2005, PBC GOT NATIONAL REPUTATION FOR BEING CORRUPTION COUNTY” FROM THIS TIME ARTICLE IN 2009
  • HERE ARE THE SIX MAJOR PLAYERS + A MORE RECENT EXAMPLE ELECTED: CITY OF WEST PALM BEACH 2006 -- RAY LIBERTI (EXTORTION; ABUSE OF POWER) 2006 -- JIM EXLINE (TAX EVASION) PALM BEACH COUNTY COMMISSION 2007 -- TONY MASILOTTI (UNDISCLOSED CONFLICTS; SECRET DEALS; KICKBACKS; CONSPIRACY; EXTORTION) 2007 -- WARREN NEWELL (UNDISCLOSED CONFLICTS; SECRET COMMISSIONS; CONSPIRACY) 2009 -- MARY MCCARTY (& HER HUSBAND) (UNDISCLOSED CONFLICTS; SECRET GIFTS; CONSPIRACY ) 2010 -- JEFF KOONS (ABUSE OF POWER; EXTORTION) NOT ELECTED: 2011 --“OPERATION DIRTY WATERS” -- PIGGYBACK CONTRACTING/DELRAY BEACH) 3 PLANNERS
  • BROWARD OUTDOES PBC COUNTY SCHOOL BOARD SEVERAL MINICIPALITIES (FT. LAUDERDALE, TAMARAC, DEERFIELD BEACH THE CHAITS, FATHER & SON
  • I DON’T WANT THOSE FROM OTHERS PARTS OF THE STATE TO FEEL LEFT OUT
  • LOTS OF PUBLIC ACTIVITY
  • GENERATES A NUMBER OF RECOMMENDATIONS
  • COMMENTS ON BROWARD SCHOOL BOARD’S LEVEL OF CORRUPTION
  • BILLS ARE INTRODUCED BUT NOTHING HAPPENS IN TALLAHASSEE MANY ARGUMENTS AGAINST, INCLUDING THAT INCARERATION OF CROOKED POLITICIANS WOULD ADD TO OUR ALREADY OVERCROWDED PRISION SYSTEM.
  • I PREPARED SUMMARIES OF THE PBC ETHICS CODE IN TABLE FORM. – COPIES ARE AVAILABLE BASIC AREAS OF REGULATION: MISUSE OF PUBLIC OFFICE OR POSITION CONFLICTS OF INTEREST & DISCLOSURE “ GIFTS” & BRIBES TRAVEL EXPENSES “ PROHIBITED” (LOBBYISTS/VENDORS) VS. “REPORTABLE” CONTIGENT FEES DISCLOSURE & HONESTY IN APPLICATIONS USE OF INSIDER INFORMATION NEPOTISM WHISTLE BLOWWER PROTECTON
  • SO, WHAT’S THE “SET UP” TO PUBLIC CORRUPTION? HOW DO WE GET INTO SUCH A PICKLE? ARE THERE “PRECURSORS” OF CORRUPTION WE SHOULD BE AWARE OF? HERE ARE 4 EXAMPLES/AREAS TO BE AWARE OF THAT CUMULATIVELY CONTRIBUTE TO CREATING A “CULTURE OF CORRUPTION” OUR WORLD, OUR STATE, OUR WORK, & OUR MIND
  • FLORIDA IS HIGH ON THE “CORRUPTO-METER” SCALE THIS IS BASED ON A NATONAL STUDY IN 2007 WHY DOES CORRUPTION SEEM TO BE SUCH A PROBLEM IN FLORIDA? OPPORTUNITY FLORIDA ECONOMY IS BASED ON AGRICULTURE, TOURISM AND IN-MIGRATION IN-MIGRATON REQUIRES CONVERSION OF RAW, RELATIVELY VALUE-LESS LAND INTO ENORMOUS WEALTH GOVERNMENT HAS A SPECIAL ROLE TO PLAY IN THE PROCESS OF CONVERTING LAND TO MONEY (NOT JUST PLANNING & ZONING –> BOND SALES, SERVICE CONTRACTS, ETC) GOVERNMENT OFFICIALS BECOME “PLAYERS” IN THIS GAME & SOME OF THEM COME TO THINK THAT THEY WERE ENTITLED TO SHARE IN THE LUCRE; LIKE ICARUS, THEY WANT TO SOAR ABOVE THEIR STATION
  • OUR WORK ENVIRONMENT INVOLVES A WIDE RANGE OF BEHAVOR THAT HAS BEEN INDENTIFIED AS BEING STRONGLY ASSOCIATED WITH A “CULTURE OF CORRUPTION” NATIONAL STUDY PUBLISHED BY THE ETHICS RESOURCE CENTER IN 2007 & NOT UPDATED. SOME OF THESE ASPECTS OF OUR WORK ENVIRONMENT MAY NOT SEEM DIRECTLY RELEVANT AT FIRST, BUT THEY “SET THE STAGE” FOR WORSE BEHAVIOR THEY DESENSITIZE PEOPLE TO BAD BEHAVIOR
  • ETHICS EVENTUALLY COMES DOWN TO THE PERSONAL THE WAY WE THINK AFFECTS OUR TOLERANCE FOR “UNETHICAL” BEHAVIOR AROUND US & ULTIMATELY OUR OWN BEHAVIOR WE ARE ALL INHERENTLY “SELF PROTECTIVE” -- THAT’S A BETTER WORD THAN “ SELF-CENTERED ” OR “SELFISH” THE MIND IS A WONDERFULLY CREATIVE DEVICE WITH A WIDE RANGE OF ADAPTIVE SKILLS THAT FUNCTION TO HELP US DEAL WITH AN UNCERTAIN WORLD THAT’S PRONE TO UNPLEASANT SUPRISES TO SOME DEGREE, WE CAN CREATE OUR OWN REALITY IN THE WRONG SETTING THESE SKILLS CONTRIBUTE TO UNETHICAL DECISION-MAKING
  • SO, WHAT’S THE “MEANING OF IT ALL”, IF THERE IS ANY? IS THERE SOMETHING MORE THAT WE CAN TAKE AWAY OTHER THAN “DON’T GET CAUGHT”? IS OUR CONTINUING ORDEAL JUST A SERIES OF SORDID STORIES ABOUT INDIVIDUALS WITH BAD CHARACTER, POOR JUDGEMENT OR BAD LUCK? WE HAVE TO ANSWER THE QUESTION FOR OURSELVES HERE’S HOW I HAVE RESOLVED THE ISSUE FOR MYSELF

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

  • COMBATING CORRUPTION BY BEING ETHICAL A Presentation to the American Planning Association, Florida Chapter 2011 Conference The Breakers, Palm Beach Friday, September 9, 2011 Frank S. PALEN, AICP, ESQ. Caldwell Pacetti Edwards Schoech & Viator LLP, Attorneys at Law One Clearlake Centre, Suite 600 250 South Australian Avenue West Palm Beach, Florida 33401 Phone: 561-655-0620 Facsimile: 561-655-3775 www.caldwellpacetti.com ©MMXI CPESV LLC. All Rights Reserved
  • Palm Beach County ethics reform -- 1988 09/29/11
  • Palm Beach County’s reputation 09/29/11 Caldwell Pacetti Edwards Schoech & Viator LLP, Attorneys at Law
  • Public corruption in Palm Beach County 09/29/11
  • Public corruption in Broward County 09/29/11 The Chaits: Pére et Fils Prestige Homes, Tamarac & Coral Springs (4 Years Probation)
  • 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
    09/29/11
  • 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
    09/29/11
  • Responses to scandal: Palm Beach & Statewide Grand Juries 09/29/11 Corruption by Palm Beach County Commission First Interim Report “ Florida’s Corruption Tax ”
  • 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 .”
    09/29/11
  • 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)
    09/29/11
  • 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
    09/29/11
  • Precursors to unethical decision making – our world
    • We 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”
    09/29/11
  • Precursors to unethical decision making – our state 09/29/11 Note: No. convictions/100,000 pop., 1997-2006
  • Precursors to unethical decision making – our work 09/29/11
  • Precursors to unethical decision making – our psychology 09/29/11
  • 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?
    09/29/11