Has Nepotism Found Its Way into the Lehigh Acres Fire District???

Union Contract signed off on Feb 26, 2019, by both parties – 2019-2020 budget signed off September 24, 2019 – Board votes 3-2 to reopen wage talks with union October 9, 2019

Has Fire Commissioner Chairperson Cathy Kruse broken the nepotism laws in the State of Florida she and board have control over the budget and the union contract of the Lehigh Acres Fire District — Her son works for the Lehigh Acres Fire District? Firefighter EMT Kruse making 62,984.64 a year.

Has Fire Commissioner Chairperson Cia Sherman broken the nepotism laws in the State of Florida she and board have control over the budget and the union contract of the Lehigh Acres Fire District — Her husband works for the Lehigh Acres Fire District? Firefighter Engineer Sherman making 58,548.672 a year recent promoted to Engineer.

On January 9, 2019, FireBoard Attorney sent a letter to the Florida Commission on Ethics (click here to read it) here is the response dated January 14, 2019 (click here).

Have three Commissioners broken the Fair Labor Standards Act (FLSA) It is well known that the federal Fair Labor Standards Act (FLSA) prevails over any contrary provision in a collective bargaining agreement?

Under Florida law, public officials are banned from “appointing, promoting, employing, advancing or advocating for an appointment, employment, promotion, or advancement in or to a position in the agency in which he serves or over which he exercises jurisdiction or control any individual who is a relative.”

What is considered nepotism?

Nepotism Law and Legal Definition. In the business world, nepotism is the practice of showing favoritism toward one’s family members or friends in economic or employment terms. For example, granting favors or jobs to friends and relatives, without regard to merit, is a form of nepotism.

Is nepotism illegal in Florida?

Most states have laws against the practice of nepotism, and many companies have policies that strictly forbid these types of acts. Florida is no different. The state has a statute with a number of clauses that deal with nepotism.

Florida Statute 112.3135 Restriction on employment of relatives.—

(1) In this section, unless the context otherwise requires:

(a) “Agency” means:

1. A state agency, except an institution under the jurisdiction of the Board of Governors of the State University System;

2. An office, agency, or other establishment in the legislative branch;

3. An office, agency, or other establishment in the judicial branch;

4. A county;

5. A city; and

6. Any other political subdivision of the state, except a district school board or community college district.

(b) “Collegial body” means a governmental entity marked by power or authority vested equally in each of a number of colleagues.

(c) “Public official” means an officer, including a member of the Legislature, the Governor, and a member of the Cabinet, or an employee of an agency in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency, including the authority as a member of a collegial body to vote on the appointment, employment, promotion, or advancement of individuals.

(d) “Relative,” for purposes of this section only, with respect to a public official, means an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

(2)(a) A public official may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the agency in which the official is serving or over which the official exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual or if such appointment, employment, promotion, or advancement is made by a collegial body of which a relative of the individual is a member. However, this subsection shall not apply to appointments to boards other than those with land-planning or zoning responsibilities in those municipalities with less than 35,000 population. This subsection does not apply to persons serving in a volunteer capacity who provide emergency medical, firefighting, or police services. Such persons may receive, without losing their volunteer status, reimbursements for the costs of any training they get relating to the provision of volunteer emergency medical, firefighting, or police services and payment for any incidental expenses relating to those services that they provide.

(b) Mere approval of budgets shall not be sufficient to constitute “jurisdiction or control” for the purposes of this section.

(3) An agency may prescribe regulations authorizing the temporary employment, in the event of an emergency as defined in s. 252.34, of individuals whose employment would be otherwise prohibited by this section.