Ethics panel says official can vote on development

Palm Beach County Commissioner Mary Lou Berger can vote on a development proposal being pushed by her former boss, according to an advisory opinion issued by the Commission on Ethics.

Berger occupies the seat on the County Commission once held by Burt Aaronson, an influential Democrat who is now lobbying for Sunrise-based developer GL Homes. He entered into a consulting agreement with GL Homes on May 9, shortly before the company’s proposal to build more homes in a protected farming region became public.

Berger served as an aide to Aaronson for 18 years before running for his seat in 2012 when he left because of term limits.

GL Homes wants to build 2,315 homes in a 21,000-acre farming region called the Agricultural Reserve, west of Delray Beach and Boynton Beach. In exchange for being allowed to build there, GL officials say they would preserve land planned for development farther north in rural Loxahatchee.

Berger, who represents the district where GL wants to build more homes, said she has not decided how she’ll vote on the proposal. She said she wants to wait for a complete analysis by county staff before deciding.

“I am an independent thinker,” Berger said. “At the end of the day, this is my decision to make.”

Berger said a constituent suggested she recuse herself because of her connection to Aaronson. She said she has spoken with Aaronson about the project, but she’ll consider input from all parties before making her decision.

County Attorney Denise Nieman said her office requested an ethics opinion out of “an abundance of caution” when Berger approached her about the matter. She said she didn’t think it constituted a conflict.

“There’s no legal conflict,” Nieman said. “You get into perceived conflicts. If we responded to every suggestion that she knows this person or that person they used to work for — with all those relationships — you would not get any business done.”

The Palm Beach County Code of Ethics prohibits elected officials from voting on matters that would provide a special financial benefit to themselves or immediate family members and colleagues, including their spouse, children and outside employer.

But nothing in the code prohibits Berger from “participating in and voting on a matter that would give a special financial benefit to a former employer or supervisor,” according to the opinion. The Commission on Ethics will discuss and finalize the opinion Thursday.

Neighborhood groups oppose GL Homes’ proposal and are voicing concerns that new development would produce more traffic and congestion. Myrna Rosoff, president of the Coalition of Boynton West Residential Associations, said members of her organization have sent nearly 2,000 emails and letters to commissioners.

A county ordinance requires former commissioners wait two years before they can lobby on business appearing before the commission, Nieman said.

GL Homes’ proposal is expected to be reviewed by county boards in December.