Florida Commission on Ethics rejects advisory opinion regarding Flagler School Board member Lauren Ramirez's inquiries

Ramirez, who owns a medical training business and has volunteered in the schools, was pleased with the commission's decision to ask staff for a new draft opinion.


Theresa Pontieri speaks on behalf of Lauren Ramirez (background) at the Florida Commission on Ethics meeting July 25 in Tallahassee. Photo from live meeting video
Theresa Pontieri speaks on behalf of Lauren Ramirez (background) at the Florida Commission on Ethics meeting July 25 in Tallahassee. Photo from live meeting video
  • Palm Coast Observer
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Flagler County School Board member Lauren Ramirez was pleased with the Florida Commission on Ethics response to her challenge of an advisory opinion responding to her questions to the commission.

At their July 25 meeting in Tallahassee, the commissioners rejected the advisory opinion as drafted and directed staff to redraft the opinion. 

Ramirez, the owner of Salus Medical Training, stopped volunteering in classrooms when she began campaigning for her School Board seat until her questions were answered. She frequently spoke to classes on various health topics and also participated in career fairs on behalf of her business.

She asked if she could continue volunteering on behalf of her business, hire district employees, sponsor a sports team involving district students and use the platform Peachjar to email flyers locally.

The advisory opinion delivered by commission staff attorney Stephanie Novenario said according to state statute Ramirez could continue to volunteer on behalf of her company but couldn’t enroll district students in her courses or hire district teachers as employees or independent contractors. Since she began campaigning for her School Board position, Ramirez has hired others to instruct her courses and certifications.

Commissioner Jeremy Rodgers said, “If we accept this opinion it can be very restrictive for anyone doing public service.”

Commissioner Linda Stewart went a step further suggesting that “we should go back to the legislature and try to make the statute clearer.”


Adopting this opinion would have a floodgate effect and would inhibit people from wanting to do public service.
—JON PHILIPSON, Florida Commission on Ethics member

Commissioner Jon Philipson said, “I think this opinion casts a wide net and we need to take a scalpel approach in this situation. Adopting this opinion would have a floodgate effect and would inhibit people from wanting to do public service.”

Ramirez’s point of contention was that the statute is ambiguous. In her advisory opinion, Novenario quoted the second part of State Statute 112.313 (7) (a) which addresses conflicting employment or contractual relationships for public officers.

“In all honesty, when I was elected, I read that back and forth and it was very unclear,” Ramirez told the Observer. “So I’m glad that the commissioners realize that it is, in fact, very unclear, because as an elected official, I want to follow all the rules.”

Attorney Theresa Pontieri spoke on behalf of Ramirez at the commission meeting. Pontieri addressed a statement in the advisory opinion that said Ramirez’s business caters directly to students. Pontieri said that’s not the case.

“Only 30% of her clients are students and out of those 59% take her babysitting classes and out of those 90% (reside) out of the county.”

Pontieri noted that as the vice mayor of Palm Coast she is also a public official. She said that Ramirez agrees that sponsorships with her company’s logo would create a conflict and while volunteering creates no conflict, she should not be marketing directly to students. Pontieri said Ramirez has zero face time with her clients who take her courses.

Pontieri said comparisons, such as teachers charging to tutor their own students, do not apply to Ramirez’s situation. Only in very rare instances is she required as a board member to make a decision directly affecting an individual student or teacher, Pontieri said, and in those instances if it involves a client or one of her employees, she can abstain from voting. 

Pontieri also confirmed in response to commissioner queries that Ramirez’s classes and certifications including CPR and AED use are not related to school curriculum.

“A lot of the stuff that I asked, I agreed with (the advisory opinion),” Ramirez told the Observer. “And then some of the stuff that I didn't ask, and they decided to bring up (in the advisory opinion), I absolutely did not agree with. So I'm glad they're going to review it more thoroughly.”

The commissioners are expected to review two new draft opinions at their next meeting on Sept. 12.

 

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