Board counsel outlines overhaul of ethics and lobbying policy to align with Florida law

At a May 8 work session, general counsel John Palmerini and Associate General Counsel and Ethics Compliance Officer Vivian Kokotis presented a streamlined draft of KCE, the district ethics and lobbying policy, that aligns many provisions with Florida law and reduces district‑specific restrictions the board previously had imposed.

Palmerini told the board the draft removes about seven pages of internal rules that went beyond state requirements and instead reproduces statutory language where appropriate. He said the draft removes a gratuitous‑meals section and eliminates a $5 notation in favor of treating gifts consistent with state law. "Pursuant to Florida law, board members and OCPS employees shall not solicit or accept anything of value to the recipient...based upon the understanding that the vote, official action, or judgment...would be influenced thereby," Palmerini said, summarizing the deleted provisions and the statutory standard.

Major changes and clarifications

- Gifts: The policy will now define gifts consistent with applicable Florida law and reference existing statutory limits (Palmerini noted the $50 board‑member gift limit in statute) rather than reiterating district thresholds. The district removed internal prohibitions that were not required by state law. - Lobbying registration and reporting: The draft requires that a lobbyist, business associate, principal or vendor completing lobbying contacts with board members, procurement employees, reporting individuals or the superintendent must submit the district's lobbyist and vendor reporting form within 10 calendar days of the contact, placing the primary reporting obligation on lobbyists and vendors rather than the officials who receive the contact. - No‑contact procurement period: The policy reiterates the procurement no‑contact period (from solicitation issuance until notice of intended award or resolution of a bid protest) and clarifies that designated procurement staff may receive solicitation questions and provide answers to all prospective bidders without that being considered lobbying. - Former employee restriction: A statutory two‑year prohibition on former OCPS employees lobbying the district for compensation remains, with limited statutory exceptions and the possibility of waivers in rare cases. - Product testimonials: Vendors may not use testimonials from OCPS employees without written consent from the ethics compliance officer or the superintendent; employees providing testimonials without approval may face disciplinary action. The draft allows employee testimonials for qualified 501(c)(3) charitable foundations under specified restrictions.

Board members asked how vendors would be notified of the changes; Kokotis said constructive notice is provided by publishing the policy and procurement materials and that standard contracts reference the KCE policy. Member Gallo noted that public officials' calendars are public records and that reporting burdens reasonably fall on lobbyists; Kokotis and Palmerini said vendor registration and procurement channels provide additional notice.

Palmerini and Kokotis said the policy retains enforcement mechanisms, including disciplinary options for employees and contractual remedies for vendors. The board did not take a vote; members thanked staff for streamlining the policy.