A representative of the Miami‑Dade County Commission on Ethics delivered a training session for City of Opa‑locka advisory board members focused on conflicts of interest, gift rules, public-records and Sunshine Law obligations, and the penalties and appeals process for violations.
The training, led by the presenter who identified himself as Robert Tuss, emphasized three core functions of the ethics commission—training, enforcement and advisory guidance—and urged board members to ask for formal written opinions before taking actions that could affect their private interests. “If you try to do business with any municipality, get an opinion,” Tuss said. “When you get that opinion from us, it is legally binding. Don't ignore it.”
Why it matters: advisory and quasi‑judicial board members routinely decide land‑use and licensing questions that can affect property values, contracts and grants. The presenter warned that misunderstandings about disclosure, gifts and off‑the‑record discussions can lead to fines, voided contracts and criminal referrals to state law enforcement.
Most important guidance and examples
- Financial disclosure: Tuss told attendees to file required disclosure forms and update them when they leave a board. He cited an example in which a board member who refused to file a required source‑of‑income form was fined $2,500 by the state. The presenter repeatedly advised, “File your form.”
- Gifts and gift disclosure: Training distinguished permissible, sanctioned donations from prohibited gifts, and repeated the “no quid pro quo” rule. Attendees were told that official gifts received in an official capacity must be disclosed and that an official has until Sept. 30 to file an official gift disclosure form for gifts received in an official capacity.
- Voting conflicts and recusals: Tuss explained that conflicts are determined by the commission’s office and recommended members declare potential conflicts publicly and, where appropriate, leave the meeting room rather than remain in the audience to avoid the appearance of influence. He said a voting conflict can be appealed to the commission and beyond to the Third District Court of Appeal.
- Sunshine Law and public records: The trainer reviewed Florida’s public‑meeting and public‑records requirements, warning that private electronic exchanges about board business can violate the Sunshine Law. He cited a local case in which a municipality was fined after holding off‑hour ad hoc meetings without public notice and noted the significant financial and reputational costs that can follow Sunshine Law violations.
- Lobbying and registration: Tuss told board members to ask staff to vet lobbyists and to require written submissions for specific requests so there is a clear record of what was asked and when.
Penalties, appeals and process
Tuss described enforcement as primarily administrative: the ethics commission issues binding opinions and can refer criminal matters to the state attorney's office or the Florida Department of Law Enforcement. For noncriminal enforcement the presenter described a path for appeal to the ethics commission and then to the courts. He warned that contracts can be voided on technicalities if disclosure requirements are not met and cited prior municipal fines and settlements as cautionary examples.
Practical takeaways and next steps
Tuss recommended that members: route all board business through staff rather than private messages; keep accurate minutes; file Form 1 (financial disclosure) and Form 8B where required; seek written, documented opinions before contracting or accepting gifts that may relate to board duties; and work with clerks to process public‑records requests promptly to avoid litigation.
The presenter also noted the ethics office’s contact points for questions and said the commission offers virtual training and hotline assistance; he identified Ignacio Vasquez as the commission’s executive director. Attendees asked several procedural questions during the session; the presenter said he would follow up on the precise split of fine revenue with the clerk’s office.
The session closed with an invitation for board chairs to request additional briefings for community organizations and a final reminder from Tuss: “Document, document, document.”