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Commission issues advisory opinion: Sunrise commissioner may serve as unpaid president of neighborhood nonprofit
Summary
The commission adopted a draft advisory opinion finding Sunrise City Commissioner LaToya Clark’s unpaid role as president of East Sunrise Residents Association (ESRA) does not presently create a prohibited conflict under the cited ethics statutes, with staff advising on limits related to gifts and misuse of public position.
The Florida Commission on Ethics adopted a draft advisory opinion concluding that Commissioner LaToya Clark’s simultaneous service as a Sunrise city commissioner and unpaid president of the East Sunrise Residents Association (ESRA) does not currently create a prohibited conflict under the applicable provisions of the ethics code.
Thomas Moss, city attorney for Sunrise, requested the opinion on behalf of Commissioner Clark. Commission attorney Stephanie Novenario presented the staff analysis. Novenario said that the key statutes are sections 112.3137(a) and 112.313(3) of the Florida Statutes. Her explanation noted those provisions prohibit certain contractual or employment relationships and other conflicts of interest.
Novenario summarized the facts provided by the requester: Commissioner Clark serves as an unpaid president of ESRA, which is described as a neighborhood nonprofit with open meetings, no membership dues, and no formal membership contracts. "Without employment by ESRA or a contract with ESRA, Commissioner Clark does not appear to have a prohibited conflict," Novenario told commissioners. She added staff would include a brief reminder in the opinion about gift prohibitions and misuse-of-position subsections that could become relevant if Commissioner Clark solicited donations or used her public office to benefit ESRA.
A commissioner asked whether Commissioner Clark had requested donations on behalf of ESRA; Novenario replied the facts provided to staff did not indicate any such solicitations and that commissioners should contact the ethics commission staff if such activity arose in the future. The commission adopted the draft advisory opinion as modified to include the gift/misuse caution.
Ending
The advisory opinion was adopted and will be published as the commission’s formal response to the requester’s question. Staff recommended the commissioner consult the commission if future facts change, particularly if fundraising or direct solicitations from vendors or lobbyists occur.
