Palm Beach County

Commission on Ethics

300 North Dixie Highway

West Palm Beach, FL 33401

561.355.1915

FAX: 561.355.1904

Hotline: 877.766.5920

E-mail: ethics@pbcgov.org

Commissioners

Michael S. Kridel, Chair

Clevis Headley, Vice Chair

Judy M. Pierman

Sarah L. Shullman

Executive Director

Mark E. Bannon

Intake and Compliance Manager

Gina A. Levesque

General Counsel

Christie E. Kelley

Chief Investigator

Anthony C. Bennett

Investigator

Abigail Irizarry

Meeting will begin at 1:30pm Executive Session at 2:00pm

Regular Agenda will resume at 2:45pm

I. Call to Order

II. Roll Call

III. Introductory Remarks

IV. Scheduling Conference Re: C16-011 (Sarah Shullman,

Presiding Commissioner)

V. Approval of Minutes from June 1, 2017

VI. Review of Evidentiary Standards

VII. Executive Session

a. C17-003 b. C17-004 c. C17-005

d. C17-006 e. C17-007 f. C17-008

VIII. Processed Advisory Opinions (Consent Agenda)

a. RQO 17-010

b. RQO 17-012

c. RQO 17-013

IX. Items Pulled from Consent Agenda

a.

X. Executive Director Comments

XI. Commission Comments

XII. Public Comments

XIII. Adjournment

If a person decides to appeal any decision made by this Commission with respect to any matter considered at this meeting or hearing, (s)he will need a record of the proceedings, and that, for such purpose, (s)he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

A g e n d a July 6, 2017 – 1:30 p.m. Governmental Center,

301 North Olive Avenue, 6th Floor Commissioners Chambers

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The evidentiary standard for the filing of a complaint is legal sufficiency.

For legal sufficiency to exist: o the person must be under the jurisdiction of the Commission on

Ethics (COE), and o his or her alleged actions, if true, would be a violation of the Code of

Ethics.

The evidentiary standard for the probable cause hearing is probable cause.

Probable cause exists where there are reasonably trustworthy facts and circumstances that warrant proceeding to a final hearing.

The evidentiary standard for the final public hearing is the “clear and convincing evidence” standard.

Clear and convincing evidence is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue. (Fla. Std. Jury Instr. (Civ.) 405.4.)

Clear and convincing evidence requires more proof than a

‘preponderance of the evidence’ (more likely than not) but less than ‘beyond a reasonable doubt.' It is a medium level standard.

The Fourth District Court of Appeal describes the clear and convincing evidence standard as: o [C]lear and convincing evidence requires that the evidence must be

found to be credible; the facts to which the witnesses testify must be distinctly remembered; the testimony must be precise and explicit and the witness must be lacking in confusion as to the facts in issue. The evidence must be of such weight that it produces in the mind of the trier of fact the firm belief or conviction, without hesitancy, as to the truth of the allegations sought to be established.” Slomowitz v. Walker, 429 So. 2d 797 (Fla. 4th DCA 1983)

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AgendaMinutes from June 1, 2017Evidentiary StandardsRQO17-012RQO17-013Blank Page