City Commissioner Jack Porter faces election-year ethics complaint, calls it 'frivolous'

A local businessman, citing stories in the conservative media outlet Tallahassee Reports, filed a state ethics complaint against City Commissioner Jack Porter — though she called it a “frivolous” filing timed not far from the Aug. 20 primary.

T. Michael Hines filed the complaint last week with the Florida Commission on Ethics alleging that Porter failed to disclose “gifts” in the form of travel expenses related to her membership in Local Progress, a network of local elected officials working to advance progressive causes. Though ethics complaints are considered confidential in the early stages, Hines emailed copies of it to all five city commissioners and several news outlets.

Hines named “media reports” as the source of his information for the complaint but didn’t specifically mention TR, a publication once scorned by City Hall that now receives city funding in the form of advertising. Steve Stewart, TR’s editor and a former three-time City Commission candidate, has been writing about Porter’s affiliation with Local Progress, her travel and her refusal to answer his questions for months.

“City Commissioner Jack Porter — as required by state law — has failed to disclose gifts received from a third party in the form of travel expenses,” Hines wrote in the complaint. He added, “Repeated efforts to determine who paid for the trips have been met with silence. Media reports indicate Commissioner Porter will not answer questions.”

Porter said in a text message on Monday that she expects the complaint to be dismissed.

“Elections are coming and the mudslinging is starting early,” she said. “This is a frivolous complaint being pushed by fringe right wing media."

Weeks before the ethics complaint was filed, Porter provided documents to the Democrat showing she has sought legal advice about Local Progress from the city attorney and her own lawyer dating back several years.

In March, City Attorney Amy Toman advised Porter that accepting travel expenses for an upcoming Local Progress event did not constitute a gift and did not have to be reported because of an exemption in the gift law.

Under Florida law, public officials can’t accept gifts given to influence their vote or gifts over $100 from certain individuals and entities, including lobbyists and vendors doing business with their agency.

Officials can, however, accept certain things of value — statutes specify what constitutes a gift and what doesn’t — provided they report any that meet the definition and are worth more than $100. State Commission on Ethics records show that Porter hasn’t reported any gifts on a quarterly Form 9 since at least 2021.

Local Progress, founded in 2012 and active in 48 states, says on its website that it works on "a broad intersectional progressive agenda driven by a vision of racial and economic justice." Among other things, it advocates for immigrants, public school funding, home rule and affordable housing.

Porter's lawyer: Travel expenses paid by Local Progress 'not required' to be reported

On Nov. 2, 2021, Porter asked then-City Attorney Cassandra Jackson whether it would violate city or state ethics law if she accepted payment of travel expenses to attend a meeting of Local Progress. Jackson said it wouldn’t, though she added Porter would have to disclose the gift unless the city paid her expenses up front and Local Progress reimbursed the city.

It wasn’t immediately clear whether that happened. Porter, asked by the Democrat about that, said she couldn't discuss details until the ethics complaint is resolved.

Jackson added that her analysis "assumes a public purpose for the travel as seems reasonable based on the purpose for the organization and conference."

The city routinely covers travel expenses for city commissioners and their aides to participate in numerous events, including annual conferences hosted by the Chamber of Commerce and the National and Florida League of Cities. In Porter's case, the city has also covered some of her expenses involving Local Progress events.

In a March 6 letter supplied by Porter, her attorney, Ron Meyer of Tallahassee, wrote that Local Progress paid her travel expenses to attend its meetings but that she wasn’t otherwise paid by the group.

Meyer noted that she joined the organization in 2020 as a regular member and that in 2021, she became part of the Organizing Committee in Florida, a leadership body “analogous” to a board of directors. He also said Porter gave Local Progress “equal consideration” for the travel by providing her services and expertise.

Under Florida law, salaries, benefits and other expenses, including “gifts,” that involve service on a board of directors is exempt from the definition of a gift. The gift definition also doesn’t apply when “equal or greater consideration” is given by the official to the organization giving the gift within 90 days.

“It is our opinion that you are not required to report the expense payments as a gift,” Meyer wrote.

City attorney: Travel expenses paid by Local Progress don't 'constitute a gift'

City Attorney Amy Toman offered a more cautious approach after Porter asked her about an upcoming trip to a Local Progress “convening” in Nashville.

“Local Progress has offered to cover travel and lodging expenses for the trip,” Porter wrote in a March 5 email. “Can you please provide me with an opinion on whether I can accept their offer to cover my expenses and/or whether I need to report this as a gift?”

Toman, in a March 12 response, told Porter that her leadership role in LP wasn’t specific enough to qualify her as an officer or director, as Meyer suggested. But she added that the event appeared to meet another legal exception involving state, regional or national organizations that, among other things, promote “the exchange of ideas” between government officials. Gifts given by such groups to its own members are exempt from state law.

“This particular LP event,” Toman wrote, “is intended to be a forum for workshopping and identifying best practices around a specific idea (i.e., collaborative governing.) Pursuant to the exception noted above, the acceptance of travel expenses for this event would not appear to constitute a gift to you, and therefore, would not be prohibited or reportable under the city’s Ethics Code or state law.”

Toman added that not every Local Progress event may meet that exception and that Porter should consider any future offer of travel expenses on a case-by-case basis.

"LP is not a city vendor, so a gift from the organization is not likely to be prohibited," Toman wrote, "but it may be reportable, depending on the circumstances."

John Reid, general counsel for the city's Independent Ethics Board, said he was contacted by someone asking about whether the Porter case might constitute a violation of the city's Ethics Code. Reid advised that it wouldn't because of the exception in the gift definition involving think tank-like groups that exchange ideas.

“Under this hypothetical, it appears that the travel expenses fall under an exception provided in state statute," Reid told the Democrat. "Therefore it would not be a gift.”

Man who filed complaint against Porter alludes to election 'nightmare'

The ethics complaint comes as Porter, part of the City Commission’s voting minority along with Commissioner Jeremy Matlow, seeks a second term against a pair of challengers, Rudy Ferguson Sr. and Louis Dilbert.

Also up for re-election is Commissioner Curtis Richardson, who serves in the majority with Mayor John Dailey and Commissioner Dianne Williams-Cox. He faces three challengers: former City Commissioner Dot Inman-Johnson, who closely aligns with Matlow and Porter, and two political unknowns, Bernard Stevens Jr. and Donna Nyack.

Hines, who has donated over the years to a number of local candidates, including Dailey in 2022, said in an email to the Democrat that he fears what could come if control of City Hall shifted to Porter's side in the 2024 election. He was once active in the Budget Hawks, a group of fiscal conservatives that opposed City Hall tax increases.

“In my opinion, it will be a nightmare and disaster for city government and create a divisive atmosphere among citizens of our town,” Hines wrote.

Contact Jeff Burlew at jburlew@tallahassee.com or 850-599-2180.

This article originally appeared on Tallahassee Democrat: Tallahassee Commissioner faces ethics complaint, calls it 'frivolous'