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2011 Florida Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/sagfl0041 and id is 1 raw text is: Advisory Legal Opinion - Abstension from voting Florida Attorney General Advisory Legal Opinion Number: INFORMAL Date: June 9, 2011 Subject: Abstension from voting Mr. Edward Rodgers Chairman, Palm Beach County Commission on Ethics 2633 Vista Parkway West Palm Beach, Florida 33411 Dear Mr. Rodgers: On behalf of a majority of members of the Palm Beach County Commission on Ethics, you have requested our assistance in determining whether a member of a local commission on ethics who is present at a meeting of the board may abstain from voting on a measure to avoid creating an appearance of impropriety. Attorney General Bondi has asked me to respond to your letter. Initially, I must advise you that this office is limited by section 16.01(3), Florida Statutes, to providing legal opinions on questions of state law. Thus, the discussion herein is based on an examination of statutes and case law involving section 286.012, Florida Statutes. This office has no authority to comment on the procedures established by local ordinance for the conduct of meetings or hearings of the Palm Beach County Commission on Ethics. You may wish to discuss your concerns with the county attorney who can more fully explore any procedures established in the ordinance or charter provision creating the commission and describing its procedures. Section 286.012, Florida Statutes, provides: Voting requirement at meetings of governmental bodies.-No member of any state, county, or municipal governmental board, commission, or agency who is present at any meeting of any such body at which an official decision, ruling, or other official act is to be taken or adopted may abstain from voting in regard to any such decision, ruling, or act; and a vote shall be recorded or counted for each such member present, except when, with respect to any such member, there is, or appears to be, a possible conflict of interest under the provisions of s. 112.311, s. 112.313, or s. 112.3143. In such cases, said member shall comply with the disclosure requirements of s. 112.3143. Thus, the Legislature has determined that a member of a county board or commission may only abstain from voting when, with respect to any such 2/3/12

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