9/9 FRI 9:30 | Combating Corruption By Being Ethical 3
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Frank Palen The training session will focus on the new fourth section of the AICP Ethics Code. Included will be a dialogue about the ongoing ethical code efforts in Broward and Palm Beach counties to help combat the political corruption that has sent multiple city and county commissioners, and at least one certified planner, to prison. A must hear for all planners.
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9/9 FRI 9:30 | Combating Corruption By Being Ethical 3
- 1. COMBATING CORRUPTION BY BEING ETHICAL A Presentation to the American Planning Association, Florida Chapter 2011 Conference The Breakers, Palm Beach Friday, September 9, 2011 Frank S. PALEN, AICP, ESQ. Caldwell Pacetti Edwards Schoech & Viator LLP, Attorneys at Law One Clearlake Centre, Suite 600 250 South Australian Avenue West Palm Beach, Florida 33401 Phone: 561-655-0620 Facsimile: 561-655-3775 www.caldwellpacetti.com ©MMXI CPESV LLC. All Rights Reserved
- 2. Palm Beach County ethics reform -- 1988 09/29/11
- 3. Palm Beach County’s reputation 09/29/11 Caldwell Pacetti Edwards Schoech & Viator LLP, Attorneys at Law
- 4. Public corruption in Palm Beach County 09/29/11
- 5. Public corruption in Broward County 09/29/11 The Chaits: Pére et Fils Prestige Homes, Tamarac & Coral Springs (4 Years Probation)
- 8. Responses to scandal: Palm Beach & Statewide Grand Juries 09/29/11 Corruption by Palm Beach County Commission First Interim Report “ Florida’s Corruption Tax ”
- 13. Precursors to unethical decision making – our state 09/29/11 Note: No. convictions/100,000 pop., 1997-2006
- 14. Precursors to unethical decision making – our work 09/29/11
- 15. Precursors to unethical decision making – our psychology 09/29/11
Notes de l'éditeur
- SELF-INTRODUCTION WHAT QUALIFIES ME TO TALK ABOUT “ETHICS”? I AM JUST A REASONABLY WELL-INFORMED OBSERVOR. SO TAKE THAT INTO ACCOUNT. FIRST GOT INVOLVED IN 2007 THRU THE PBC PLANNING CONGRESS – WE THOUGHT WE NEEDED TO ADDRESS THE “500 POUND GORILLA” IN THE PARLOR – WHY WERE SO MANY PLANNERS INVOLVED IN PUBLIC CORRUPTION WE JOINED WITH FAU PLANNING SCHOOL, TC & BROWARD CHAPTERS OF APA, FLA BAR, LEADERSHIP PBC TO ADDRESS “SOUTH FLA’S CULTURE OF CORRUPTION”
- EXAMPLE OF HOW FAR WE’VE COME THIS WAS ME IN 1988 THE FIRST ROUND OF ETHICS REFORM IN PBC – CLOSE THE “REVOLVING DOOR ” WHICH THEY DID PRETTY AFFIRMATIVELY
- IN 2005, PBC GOT NATIONAL REPUTATION FOR BEING CORRUPTION COUNTY” FROM THIS TIME ARTICLE IN 2009
- HERE ARE THE SIX MAJOR PLAYERS + A MORE RECENT EXAMPLE ELECTED: CITY OF WEST PALM BEACH 2006 -- RAY LIBERTI (EXTORTION; ABUSE OF POWER) 2006 -- JIM EXLINE (TAX EVASION) PALM BEACH COUNTY COMMISSION 2007 -- TONY MASILOTTI (UNDISCLOSED CONFLICTS; SECRET DEALS; KICKBACKS; CONSPIRACY; EXTORTION) 2007 -- WARREN NEWELL (UNDISCLOSED CONFLICTS; SECRET COMMISSIONS; CONSPIRACY) 2009 -- MARY MCCARTY (& HER HUSBAND) (UNDISCLOSED CONFLICTS; SECRET GIFTS; CONSPIRACY ) 2010 -- JEFF KOONS (ABUSE OF POWER; EXTORTION) NOT ELECTED: 2011 --“OPERATION DIRTY WATERS” -- PIGGYBACK CONTRACTING/DELRAY BEACH) 3 PLANNERS
- BROWARD OUTDOES PBC COUNTY SCHOOL BOARD SEVERAL MINICIPALITIES (FT. LAUDERDALE, TAMARAC, DEERFIELD BEACH THE CHAITS, FATHER & SON
- I DON’T WANT THOSE FROM OTHERS PARTS OF THE STATE TO FEEL LEFT OUT
- LOTS OF PUBLIC ACTIVITY
- GENERATES A NUMBER OF RECOMMENDATIONS
- COMMENTS ON BROWARD SCHOOL BOARD’S LEVEL OF CORRUPTION
- BILLS ARE INTRODUCED BUT NOTHING HAPPENS IN TALLAHASSEE MANY ARGUMENTS AGAINST, INCLUDING THAT INCARERATION OF CROOKED POLITICIANS WOULD ADD TO OUR ALREADY OVERCROWDED PRISION SYSTEM.
- I PREPARED SUMMARIES OF THE PBC ETHICS CODE IN TABLE FORM. – COPIES ARE AVAILABLE BASIC AREAS OF REGULATION: MISUSE OF PUBLIC OFFICE OR POSITION CONFLICTS OF INTEREST & DISCLOSURE “ GIFTS” & BRIBES TRAVEL EXPENSES “ PROHIBITED” (LOBBYISTS/VENDORS) VS. “REPORTABLE” CONTIGENT FEES DISCLOSURE & HONESTY IN APPLICATIONS USE OF INSIDER INFORMATION NEPOTISM WHISTLE BLOWWER PROTECTON
- SO, WHAT’S THE “SET UP” TO PUBLIC CORRUPTION? HOW DO WE GET INTO SUCH A PICKLE? ARE THERE “PRECURSORS” OF CORRUPTION WE SHOULD BE AWARE OF? HERE ARE 4 EXAMPLES/AREAS TO BE AWARE OF THAT CUMULATIVELY CONTRIBUTE TO CREATING A “CULTURE OF CORRUPTION” OUR WORLD, OUR STATE, OUR WORK, & OUR MIND
- FLORIDA IS HIGH ON THE “CORRUPTO-METER” SCALE THIS IS BASED ON A NATONAL STUDY IN 2007 WHY DOES CORRUPTION SEEM TO BE SUCH A PROBLEM IN FLORIDA? OPPORTUNITY FLORIDA ECONOMY IS BASED ON AGRICULTURE, TOURISM AND IN-MIGRATION IN-MIGRATON REQUIRES CONVERSION OF RAW, RELATIVELY VALUE-LESS LAND INTO ENORMOUS WEALTH GOVERNMENT HAS A SPECIAL ROLE TO PLAY IN THE PROCESS OF CONVERTING LAND TO MONEY (NOT JUST PLANNING & ZONING –> BOND SALES, SERVICE CONTRACTS, ETC) GOVERNMENT OFFICIALS BECOME “PLAYERS” IN THIS GAME & SOME OF THEM COME TO THINK THAT THEY WERE ENTITLED TO SHARE IN THE LUCRE; LIKE ICARUS, THEY WANT TO SOAR ABOVE THEIR STATION
- OUR WORK ENVIRONMENT INVOLVES A WIDE RANGE OF BEHAVOR THAT HAS BEEN INDENTIFIED AS BEING STRONGLY ASSOCIATED WITH A “CULTURE OF CORRUPTION” NATIONAL STUDY PUBLISHED BY THE ETHICS RESOURCE CENTER IN 2007 & NOT UPDATED. SOME OF THESE ASPECTS OF OUR WORK ENVIRONMENT MAY NOT SEEM DIRECTLY RELEVANT AT FIRST, BUT THEY “SET THE STAGE” FOR WORSE BEHAVIOR THEY DESENSITIZE PEOPLE TO BAD BEHAVIOR
- ETHICS EVENTUALLY COMES DOWN TO THE PERSONAL THE WAY WE THINK AFFECTS OUR TOLERANCE FOR “UNETHICAL” BEHAVIOR AROUND US & ULTIMATELY OUR OWN BEHAVIOR WE ARE ALL INHERENTLY “SELF PROTECTIVE” -- THAT’S A BETTER WORD THAN “ SELF-CENTERED ” OR “SELFISH” THE MIND IS A WONDERFULLY CREATIVE DEVICE WITH A WIDE RANGE OF ADAPTIVE SKILLS THAT FUNCTION TO HELP US DEAL WITH AN UNCERTAIN WORLD THAT’S PRONE TO UNPLEASANT SUPRISES TO SOME DEGREE, WE CAN CREATE OUR OWN REALITY IN THE WRONG SETTING THESE SKILLS CONTRIBUTE TO UNETHICAL DECISION-MAKING
- SO, WHAT’S THE “MEANING OF IT ALL”, IF THERE IS ANY? IS THERE SOMETHING MORE THAT WE CAN TAKE AWAY OTHER THAN “DON’T GET CAUGHT”? IS OUR CONTINUING ORDEAL JUST A SERIES OF SORDID STORIES ABOUT INDIVIDUALS WITH BAD CHARACTER, POOR JUDGEMENT OR BAD LUCK? WE HAVE TO ANSWER THE QUESTION FOR OURSELVES HERE’S HOW I HAVE RESOLVED THE ISSUE FOR MYSELF