Misfeasance, Malfeasance, Nonfeasance, Official Misconduct & Theft of Honest Services For the past 4 years Chief Mann

unchecked by City Manager Dave Rivera , has systemically, methodically and by design covered up crimes, falsified records, violated the public trust, obstructed , delayed, and prevented the investigation of multiple crimes committed by police officers and city employees, neglected h is duties, showed complete incompetence and permanent inability to perform the official duties of a Police Chief.

THE FOLLOWING ACTS BY CHIEF MANN VIOLATE STATE AND FEDERAL LAWS A Police Sgt named Robert Markland responded to a call of a man with a gun threatening people at a car dealership in Coconut Creek. There is a Police report for this incident which you can get a copy of. There were multiple victims of aggravated assault as well as victims of other crimes that were present at this crime scene. The end result was Sgt Markland personally purchased the perpetrators gun ; the very same one used in the commission of these crimes, a Glock .40 caliber hand gun for the price of one dollar. The gun was new and had never been fired . It was worth in excess of $400.00. The perpetrator was given a notice to appear for disorderly conduct, no felony charges were ever filed and there was NO physical arrest. It is quid quo pro, sell me the gun for a dollar and you escape felony charges. There was no State Attorney Office review of this case against Sgt Markland even though probable cause existed that Markland committed multiple felonies. The Police Chief, Mike Mann covered up the criminal side of this incident. As a side note Markland had the perpetrator give him a signed receipt for the gun purchase for one dollar, which the Coconut Creek Police Department has in evidence. This case was never brought to the State Attorney's Office for review and prosecution. The Police Chief ordered that this case not be sent to the State Attorney. This is a blatant cover-up. There was an administrative internal investigation done case number 2010-07. Read a copy of the original police report on the incident and a copy of the internal affairs report. Sgt Markland received a one day suspension for committing several felonies, in essence purchasing evidence at a crime scene.

The FDLE paperwork on police officer discipline that is sent to the FDLE called a CJSTC 78 was falsified by the Chief Mann in order to keep this incident out of criminal prosecution and allow Sgt Markland to keep his police certification . These are felony offenses; there is no room for discretion as in a traffic citation . These matters, as a matter of law should have been investigated and turned over to a prosecuting authority. Mann covered up these crimes. The City of Coconut Creek had an employee named Judy Banks who was the City Police Departments Victim Advocate, being paid in excess of $90,000.00 a year for that position. She was a tenured employee with over 20 years of service. Approximately 2 years ago it was uncovered that Judy was on call 24 hours a day 7 days a week as the cities victim advocate. For that on ca ll status Judy received extra compensation. All with tax dollars for being on call 24 hours a day 7 days a week at her extremely high rate of pay. The issue and felony crime is, Judy was compensated EVEN when she was on vacation, out of the state of Florida and outside of the United States including when in Europe and Asia. This practice was found to be occurring for many years all at the expense of Coconut Creek taxpayers. When this was brought this to light, a cover up was launched by the police chief and city manager. The Police Chief forb id an internal investigation and the findings of same being turned over to the State Attorney's Office for review and criminal prosecution . The Lieutenant in the Detective Division had knowledge this was occurring and did nothing about it for many years. Chief Mann did absolutely NOTHING about th is Theft of Services which included the felony crime of Official Misconduct because the time slips and associated paper work were falsified in order for Judy to get on call pay when on vacation, out of the state and the country for years. This amounted to numerous felonies and misdemeanors that were covered up by Chief Mann and the Lieutenant. What occurred next was truly a travesty to taxpayers. Instead of an investigation and prosecution, the police chief and city manager engaged in what they called a "settlement" with Judy. Judy was paid a sum of money rumored to be in excess of $10,000.00. In return , Judy agreed not to disclose the settlement amount and the facts of what occurred regarding her on call pay for many years. The police chief and city manager were more concerned with bad publicity for the city, occurring on their watch , then being concerned about safeguarding the taxpayers' dollars. Judy stole from the city and then was paid to keep quiet about it. The taxpayer lost all the funds Judy Banks had stolen over the years

and the taxpayer lost an additional $10,000.00 the City paid Banks to keep quiet. Judy Banks was also allowed to retire keeping her FRS pension as well.

There was a Coconut Creek Police shooting that occurred during a burglary in progress on May 15, 2010. An unarmed black male who was a passenger in the vehicle was shot in the eye and blinded . The defendants are, Michael L Wilkes, Tyrell J Powell and Kerley Jean. Police Case Number : CK1 000011919. There was no shooting review board or internal investigation by the Coconut Creek Police Department, Chief Mann would not allow either process to take place as he covered up the entire shooting . The Broward County State Attorney's Office also had many concerns about the shooting , especially the last 6-7 shots fired by police, they occurred well AFTER the danger was over. The career criminal division of the State Attorney's Office handled the prosecution but they never turned it over to the public corruption section of the state attorney's office or the FBI . What they did was tell the Chief to handle it and he did nothing, absolutely nothing. You will not find one piece of paper that remotely shows any inquiry was done regarding this shooting , violating not only state and federal law but also the Coconut Creek Police own policies. Allowing this incident to go uninvestigated leaves the city wide open to litigation and presents a very strong foundation for the plaintiff. No investigation of this matter equals prima facie case against the City. There is a digital video of the entire episode taken by police dash cameras. The suspects in this case are African American . The Police Chief has a history of being prejudice against African Americans and has an EEOC complaint at his previous employer, the Florida Department of Law Enforcement. There is a police Officer named James Yacobellis, who while on duty in uniform, on a call put an unarmed black man in a bath tub with the water running and had his police taser out and activated and was about to electrocute the man to obtain a confession , if not for Sgt Coppola coming into the bathroom and stopping it from occurring. There is no mention in any police report written by Yacobellis about any of this. See police reports 2011 -20381 , 20374, and 20373. Even with the existence of these sworn documents the Police Chief Mike Mann refused to conduct an internal affairs investigation on this matter and the Police Chief continued to approve leave with full pay and benefits for Yacobellis for a year and a half. A mere verbal allegation was brought down to the SAO. The file contained no investigation and no evidence of the matter at all.

Yacobellis has been paid over $100,000.00 in taxpayer dollars plus he received all vacation and sick time accrual all at taxpayer expense while on this Leave that Mann approved . The lA should have been conducted ; it would have been completed within 6 weeks at the most. The findings of the investigation should then be turned over to the SAO. This is the industry standard procedure. If the SAO decided they would not file criminal charges the entire episode would have been completed in 6 weeks, not almost 2 years later at a cost well over $100,000.00 of tax dollars. The taxpayer paid Yacobellis for 1 Y2 years of salary plus accrual of sick and vacation time at a cost of well over $100,000.00. If Mann had done his job and allowed the investigation, the cost to the taxpayer would have been 6 weeks leave pay instead of 18 months pay plus benefits. Incompetence at its best. It is also crimina l, because of the cover up and falsification of FDLE forms in order for Yacobellis to keep his police certification. Look at the FDLE form CJSTC 78, it's been falsified so that Yacobellis can keep his certification and avoid an FDLE hearing. In addition, Yacobellis also falsely charged a juvenile in a separate case and wrote a false police report about a high speed chase that never occurred. The Broward State Attorney dropped all the charges against the juvenile because the entire incident was false and did not occur. The police car dash camera in Yacobellis car automatically turns on when the police lights and or siren are activated in Coconut Creek. There is no video of the chase and there are no police radio transmissions of the chase. The police Chief again refused to allow an Internal Affairs investigation of this matter either. This is another criminal cover up including no FDLE form CJSTC 78 report to FDLE. For background purposes Officer Yacobellis was also caught "in progress" by the Coconut Creek Recreation Department employees having sex on duty with a female Coconut Creek police officer (Leslie Ebberly) in a closed City of Coconut Creek Recreation Center. By the way, both officers are married to other people. There was an internal investigation conducted, but the Chief ordered that no mention of the sex on duty would be included . The Coconut Creek Crime Scene Unit responded to the closed recreation center and obtained evidence samples from the rug they were having sex on , for body fluids. Samples were collected but the Chief refused to allow them to be sent to the Broward Sheriff Office lab for testing and analysis. Obtain a copy of Internal Affairs Case 2011-11 to confirm this cover up with all the sworn statements. The statements from the Recreation department employees tell the whole story. You will see that pertinent and relevant information in the statements was intentionally left out of the investigative summary report. The samples of body fluids are not mentioned anywhere either, you have to make a separate public record request directly to the crime scene unit for any evidence collected on the date this occurred which is

mentioned in the in terna l affairs reports . The supervisor of the crime scene unit is Marv Wilson who responded to the scene. Yacobe llis and the female officer (Leslie Ebberly) received only a written reprimand for spending several hours at one location and not patrolling their zone. This entire incident was covered up by the Police Chief. NO STATE ATTORNEY REVIEW EITHER OF THIS MATTER WAS EVER DONE. In 2010 Sgt Cuddeback was investigated for abandoning explorers in Ft Meyers during a State Explorer competition. Chief Mann ordered the lA investigator to not interview ALL the witnesses in the case, specifically Mann ordered only to interview 2 witnesses and neglect the others. Please check the Cuddeback Arbitration transcript and you will see DC Biondolillo testified he was ordered by Mann to not interview all the witnesses and Chief Mann testified at the same arbitration that he did order that all the witnesses not be interviewed, only 2. Chief Mann cherry picked the witnesses in order to receive the outcome he desired in the arbitration. What Admin istrator worth his weight in salt would order that only 2 witnesses are interviewed , the remaining witnesses be ignored. Outrageous, incompetent and crim inal behavior for trying to frame Cuddeback. In the same Cuddeback incident, Chief Mann , released the contents of the investigation to that point to the PBA before it was completed. The Chief released the contents of an ongoing open investigation ! The PBA filed documents to the arbitration that stated Chief Mann failed to follow the policeman's bill of rights by not completing the investigation before its re lease. Proof of Mann's complete incompetence, all at the taxpayers' expense, which included the taxpayer paying; the arbitrators pay, hiring of outside counsel for the city, paying witnesses their fees and Chief Mann paying for everyone's lunch everyday including the arbitrator, using his City of Coconut Creek credit card . No law enforcement official would ever release an ongoing investigation before it is completed. The taxpayer suffered the loss by paying for the procedure to correct Mann's incompetent decision . After Sgt. Cuddebacks arbitration he received a 14 week suspension for violating rules , regulations and policies. Cuddeback's defense throughout the arbitration was he was not trained. Chief Mann then placed Sgt Cuddeback in charge of the tra ining division. It is certainly far from competent to place someone in charge of train ing who receives a 14 week suspension for not following the rules and procedures and admits in arbitration he is not tra ined . Complete incompetence.

Detective Angela Hofer is assigned by Coconut Creek to the BSO narcotics section dealing with investigations in the public transportation sector. They interdict drugs at the airport, bus stations and train stations. Angela requested to go to Bogota Columbia with BSO on an investigation, even though she was assigned to a county task force dealing with local drug interdiction . Her assignment has nothing to do with international narcotic investigations. BSO did not receive country clearance for Angela to go to Bogota Columbia. DEA nor the State Dept knew anything about her going to a foreign country on a police investigation. Chief Mann knowing all of this authorized Angela to go to Columbia, without letting any City Officials at Coconut Creek know. It was later discovered that Angela took her 7 year daughter to Columbia on this police investigation , without authorization and without any officials at Coconut Creek knowing. There are photos of Angela and her child in Bogota Columbia on Angela 's Facebook page on the dates she was on her police mission. Chief Mann would not allow an lA on the matter, he did nothing. After Angela returned from Columbia , Angela requested to go back to Columbia 2 weeks later on the same case, Chief Mann again allowed her to go to a foreign country without country clearance. Columbia is extremely dangerous especially to law enforcement personnel. Kidnapping is a daily occurrence there. If Angela had been injured or her child injured in Columbia the liability to Coconut Creek would be astronomical. Complete Incompetence as well as violating federal code and Federal Agreements. There is a Coconut Creek Police Detective named Tammy Alois of the Special Victims Unit who neglected/failed to investigate and/or not write investigative reports on in excess of 90 serious cases. These were the worst and most obscene crimes Coconut Creek Police handle. These are rape , sodomy, lewd and lascivious attacks on adults and minor children, indecent assault on a minor child, elderly abuse, child abuse and many others. The position of Detective in the Special Victims Unit is a federally funded grant position, the Fed's know nothing of this either. Chief Mann would not allow an Internal Affairs Investigation of these matters; instead he ordered a cover up. The other Detectives were told to provide lip service to the victims and their families . Some of these cases date back to 2010. The other Detectives who were given these cases were instructed to lie to the victims or parents of the victims by the Chief because of the length of time between the reporting of the crime and investigating the crime. The Detectives "reinvestigating" these matters were told to say they were from the "cold case

unit" and were "reexam ining the case." There is no COLD CASE UNIT in Coconut Creek. There is a summary available of several cases prepared by the supervisor Lt. Dom Coppola in the Detective Unit, to show how heinous these cases are. The Chief would not allow any interna l investigation of this incident. Another Chief Mann cover up and complete disregard for the victims, their rights and justice in these cases. Tammy received NO Discipline. The victims and the families of the victims in this matter were NEVER told the truth about what occurred , the offenders and assailants are roaming free in the community and the State Attorney's Office knows nothing about any of this. The children victims, adult victims, the elderly victims and their families deserve justice in these matters. There is no justice in the Coconut Creek Police Department under Chief Mann . The Chief is more concerned with keeping all this quiet, out of the media , and swept under the rug because he cannot have this kind of misconduct on his watch . This is a true travesty of justice. Sex offenders, child molesters, pedophiles, abusers of ch ildren and the elderly all got away with horrific crimes and they are still preying on the community today, all because of the misconduct of Police Chief Mann. What about the people sitting in jail as a result of Detective Tammy Alois? Who knows what testimony she gave under the influence of narcotics? Who knows what sworn affidavits she executed under the influence of narcotics? What about mere conversations with prosecutors in order to get her cases accepted? There may be individuals falsely accused and more importantly falsely incarcerated due to this admitted narcotic addict. Every single case she had involvement in should have been reinvestigated. Mann did NOTHING. Also none of this information was turned over to the defense in any of her cases, a blatant violation of Brady. Again Mann did nothing . There are serious violations of the asset sharing , federal forfeiture act and money laundering proceeds in the last 3 years at the Coconut Creek Police Department. There are numerous extravagant expenditures to include waste, and impropriety. For example, federally forfeited funds have been expended for the purchase of very large flat screen TV's for the Police Chief, Deputy Chief, Captains, legal advisor, and Police Departments Gym. Federal Forfeiture funds have also been expended on expensive "wooden floors" and very expensive"presidential" type office furniture in the offices for the Chief,
Deputy Ch ief, Captains , legal advisor, and Police Departments Gym. Mann even

used the federally forfeited funds to build office suites for himself, to include expensive Broyhill patio furniture which is located on an outdoor patio next to the Police Chiefs Office Suite. Outdoor patio furniture for the police chief is certain ly not a sanctioned purpose of forfeiture funds in fact it's outrageous. There are many more purchases that are extravagant that you will find during an audit. You will be shocked at what the police chief has purchased for himself and his administration. He has purchased lpads that have no use in law enforcement; you cannot even write a word document on it. Its sole purpose is to surf the net. And there is much more ... A hot water heater for the chiefs personal and private bathroom purchased with forfeitu re funds . Federal Forfeiture funds have also been expended on an elaborate alarm system for the City Hall building wh ich clearly is a non law enforcement entity and not sanctioned and forbidden by federa l and State forfeiture laws. Federal Forfeiture funds have also been expended on the complete funding for the Police Community Involvement Unit of the police dept including salaries and benefits for police officers. No additional officers were hired to increase manpower or increase the police departments budget, all it did was allow the city as a whole to benefit by not having to fund the community involvement unit at all. A clear violation of forfeiture federal laws. All of the required documentation and certifications comp leted by Chief Man fo r AL L of the purchases and expenditures has been fa lsified in order to obtain the required approvals from the City Council of Coconut Creek for all or most of what occurred or is occurring. Every expenditure requires city commission approval, all of which is public record and available for your inspection and review. The following is an excerpt from the Federal Asset Forfeiture Manual Use of forfeited property by non-law enforcement personnel- Non -law enforcement agency personnel are not permitted to use shared vehicles, forfeited property, or items purchased with shared funds . Extravagant expenditures-Receiving agencies should use fede ral sharing monies prudently and in such a manner as to avoid any appearance of extravagance, waste, or impropriety. For example, tickets to social events, hospitality suites at conferences, or meals outside of the per diem are impermissible uses of shared funds . Increase and not replace Sharing must be used to increase or supplement the resources of the receiving state or local law enforcement agency or any other ultimate recipient agency. Shared resources shall not be used to rep lace or supplant the appropriated resources of the recipient. The recipient agency must benefit directly from the sharing. In determining whether supplantation has occurred , the Department of Justice will examine the law enforcement agency's budget as a whole and allow agencies to use equitable sharing funds for any permissible purpose as long as shared funds increas e the entire law enforcement

budget. The Department of Justice may term inate sharing with law enforcement agencies that are not permitted by their governing authorities to benefit directly from equitable sharing . Example of Improper Supplantation : A police department receives $100 ,000 in federal sharing money only to have its budget cut $100,000 by the city counci l. In th is instance, the police department has received no direct benefit from equitable sharing whatsoever. Rather, the city as a whole has received the benefit of the sharing .

Chief Mann readily accepts free and discounted meals everyday from restaurants at lunch time. He also frequents these establishments in an off duty capacity receiving the same free and discounted meals. None of these gifts or gratuities has been reported to the State of Florida by Chief Mann on his gift disclosure forms since his employment at Coconut Creek. These restau rants are the ones he goes to: Ethos Greek Bistro WingstopLa Pizzeria Buffalos Wings Muffaletta Red Rock Oasis and Grill Duffy's Bru's Room

Mann's credit card records and Duffy's card wil l support this in its entirety. In addition, Chief Mann utilizes a Coconut Creek Detective (Scott) who owns an air conditioning business to repair and maintain his air conditioner at his home. Detective Scott works on Mann's air conditioner while on duty therefore costing Mann nothing in labor and he only pays cost on the parts. In return Chief Mann assigned Detective Scott to a DEA Task Force where is receives unlimited overtime, Quid Quo Pro at its best. Chief Mann also utilized a police officer (Berold i) in the train ing unit as a photographer at his family functions on several occasions. All the photography equipment used for these personal events is owned by the City of Coconut Creek, camera , lenses, flash , and materials for the prin ting of photos. On at least one of the occasions the officer was on duty. None of this was ever reported to the State of Florida as gifts or gratuities either. At a minimum its theft from the city. Several Detectives (Kriplen and Mullen) with absolutely clean reco rds misused police data bases by looking at photographs in the driver's license data base and they each received 2 day suspensions without pay and the paperwork, FDLE Form CJSTC 78 was forwarded to FDLE for decertification hearings. One

decertification hearing was held in December, others are pending . This is disparaging treatment of employees . Some employees commit crimes and the Chief does nothing about it and others vio late policy or rules and are suspended without pay and subjected to decertification.

Officer Ed DiVivo ran Chief Mann in NCIC/FCIC, DAVID , Title and Lien , DHSMV . Get a copy of Coconut Creek Police Dept internal affairs case number 2012-03. These are police data bases that are mandated by law to be used in conjunction with criminal investigations ONLY. DiVivo ran the police Chiefs license plate then proceeded to ru n a drivers license check on the Chief, then a Title and Lien check on the Chief and worse of all he ran the Police Chief through NC IC and FC IC for Wants and Warrants which is VERY illegal to do without a law enforcement purpose. DeVivo received little to no punishment and there was no state attorney review of this case. DeVivo has been Baker Acted previously in Coral Springs and Mann still leaves him in a position of authority, with the ability to carry out ALL police duties, including use of his firearm and power of arrest. This is not an isolated incident for DeVivo; get a copy of Coconut Creek Police Dept internal affairs case number 2011-02. DeVivo also unlawfully ran a fema le citizen who filed a public record request to the State of Florida to find out who and why her information was accessed, because a 3rd party knew information about her that was not public information . The investigation proved DeVivo accessed her information on police data bases and GAVE IT TO A THIRD PARTY, WHICH IS ILLEGAL. Again a very light sanction was issued by Mann and there was NO State Attorney review done.

Chief Mann hired Jeannette Camacho buddy of Biondolillo and former Assistant State Attorney who prosecuted public officials, as the Coconut Creek Police Legal Adviser. For the past year or so Camacho has been using a City of Coconut Creek Sunpass given to her by Mann, to travel back and forth to work that the TAXPAYERs pay for. What's worse is that each Sun pass or transponder is supposed to be assigned to a CITY owned vehicle. Camacho uses the city paid sunpass in her personal car. She lives in South Miami and drives back and forth to work every day using the city paid sunpass on toll roads . She is Attorney, former prosecutor that prosecuted public officials for the same type of crimes. Theft from the city as well as violations of the Florida Bar and Ethics Commission.

One would ask, why would a Police Chief do these things? Here is exactly why; Chief Mann has made a verbal contract with the City Manager Dave Rivera to allow Mann to return all his accrued Florida Retirement System DROP money about $500 thousand dollars and for Mann to re-enter the FRS pension system, in essence to UNRETIRE. This will allow Mann to vastly increase his monthly pension stipend because now his pension would be based on his $166 ,000.00 salary instead of his $80,000.00 FDLE salary, AND continue his employment at Coconut Creek indefinitely. Presently, Mann must leave FRS employment in a year as his DROP will be completed. In order for this to happen the City of Coconut Creek will have to pay FRS back for 5 years of what would have been Mann's contribution into the pension system if he had not been in the DROP. This cost to the City is astronomical, it is six figures. The City Manager has agreed to pay this for Mann, of course using tax dollars. This is the motivation for all this illegal, unethical and immoral behavior by Chief Michael Mann. Mann needs to keep his job until that window of opportunity opens to return his drop money and go back into the FRS pension system. Mann is willing at all cost in order for this to occur. GREED AT ITS FINEST MOMENT Below are the State Statutes and Federal Code that have been violated in this time frame, complete with explanation and definition. 18 US Code 1346 Theft of Honest Services The statute has been applied by federal prosecutors in cases of public corruption where a breach of fiduciary duty to another existed. Honest services fraud is generally more easily proven in the public sphere than in the private, because honest services fraud by public officials can include most unethical conduct, whereas honest services fraud by private individuals only includes some unethical conduct. Official Misco nduct under Florida Statute Section 838.022 The criminal offense of "Official Misconduct" under Florida Statute Section 838.022 is a felony offense. The crime is considered a felonious breach of the public trust with can lead to the forfeiture of retirement and pension benefits as a "specified offense" under Florida Statute Section 112.3173. Any "public servant" can be charged with the crime, including law enforcement officers or other city, state or county employees. The term "public servant" does not include someone who is simply a candidate running for county sheriff or another public servant position.

Types of Charges for Official Misconduct under Florida Law The elements of th e crime of official misconduct include a showing that the person accused was a public servant: 1. acted with corrupt intent; 2. acted to obtain a benefit for any person, and 3. did one of the following acts related to an official record or document: falsified , or caused another person to fals ify, any official record or official document (subsection 838.022(A)(1); concealed , covered up, destroyed , mutilated , or altered any official record or official document or caused another person to perform such an act (subsection 838.022(A)(2); or obstructed, delayed , or prevented the communication of information relating to the commission of a felony that directly involved or affected the public agency or public entity served by the public servant (subsection 838.022(A)(3)).

Requirement of "Corrupt" Intent Florida law also provides that such conduct only constitutes a crime when done with "corrupt" intent to obtain a benefit for any person or to cause harm to another. The term "corrupt" means "done with knowledge that act is wrongful and with improper motives." See Hames v. City of Miami Firefighters' & Police Officers' Trust, 980 So. 2d 1112, 1117 (Fla. Dist. Ct. App. 2008) Furthermore, under Florida law for the felony offense of "official misconduct," it is the prosecutor's burden to prove that the person accused acted with the intent to benefit himself or another or with the intent to cause harm to another. Effective October 1, 2003, the statute was rewritten as section 838.022, Florida Statutes, and the former version of the Official Misconduct Statute Section 839.25, Florida Statutes, was repealed . See ch. 2003-158, 5, 7, 10, Laws of Fla. Garcia v. State, 939 So. 2d 1082, 1084 (Fla. Dist. Ct. App. 2006). 112.3188 (b) Has committed an act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds , or gross neglect of duty

112.51

Municipal officers; suspension ; removal from office. -

(1)

By executive order stating the grounds for the suspension and filed with the

Secretary of State, the Governor may suspend from office any elected or appointed municipal official fo r malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence, or permanent inability to perform official duties.

112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys. (1) DEFI NITION.-As used in th is section, unless the context otherwise requires , the term "public officer'' includes any person elected or appointed to hold office in any agency, including any person serving on an ad vi sory body. (2) SOLICI TATIO N OR ACCEPTANCE OF GIFTS.-No public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward , promise of future employment, favor, or service, based upon any understanding that the vote, official action , or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby. (4) UNAUTHORIZED COMPENSATION.- No public officer, employee of an agency, or local government attorney or his or her spouse or minor child shall, at any time, accept any compensation, payment, or thing of value when such public officer, employee, or local government attorney knows , or, with the exercise of reasonable care, should know, that it was given to influence a vote or other action in which the officer, employee, or local government attorney was expected to participate in his or her official capacity. (6) MISUSE OF PUBLIC POSITION.-No public officer, employee of an agency, or local government attorney s hall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31.