Professional Documents
Culture Documents
FILE:321OCEANENRIQUENORTEN
August19,2014
To:DavidArthurWalters
Cc:"Aguila,Raul""Prieto,Silvia""Hatfield,Liliam"
Thankyou.WewillreviewandcontactLobbyisttoupdate.
Regards,
MIAMIBEACH
RafaelE.Granado,Esq.,CityClerk
CITYCLERK'SOFFICE
1700ConventionCenterDrive,
MiamiBeach,FL33139
19August2014
RafaelGranado,Clerk
CITYOFMIAMIBEACH
Subject:2011JoshuaBenaimDefectiveLobbyistRegistration
Mr.Granado:
AttachedpleasefindPDFoflobbyistregistrationformnamingJoshuaBenaimaslobbyist.
Bysomestrangecoincidence,hisprincipalhappenstobethesameasMr.Carse's,namely,the
Delawareentity321OceanHoldingLLC.AlthoughithasanaddressonBrickell,itapparentlyhas
nolegalstandinginFloridasinceitisnotlistedonourSecretaryofState'swebsiteasoftoday.
Would you please ask this lobbyist to amend his application to name the persons with
controllingandownershipinterests?Irealizethesameentityisprincipalforbothlobbyists,but
I wish to compare their separate answers with the information I have for consistency before
publication.
Thankyou!
DavidArthurWalters
August15,2014
To:DavidArthurWalters
Cc:"Aguila,Raul""Prieto,Silvia""Hatfield,Liliam"
GoodmorningMr.Walters,
Thankyouforbringingthismattertoourattention.
Wewillrequestthelobbyisttoamendhisapplicationtoanswerallquestions.
Regards,
MIAMIBEACH
RafaelE.Granado,Esq.,CityClerk
15August2014
RafaelGranado
CLERK
CityofMiamiBeach
Subject:PRRre9July2012JamesW.CarseLobbyistRegistration
DearMr.Granado:
GoodDay,Sir.
Attached please find the sworn Lobbyist Registration Form executed by lobbyist James W.
Carse, an architect employed by Enrique Nortens New York firm, Ten Arquitectos, and by an
officeroftheprincipal,321OceanHoldingLLC,aDelawareentitythenunregisteredinFlorida,
being the managing member of the owner of the property at 321 Ocean Drive, known by the
projectnameof321OceanEnriqueNorten.Theidentitiesofbothpersonswereverifiedbythe
notarybytheirNewYorkdriverslicenses.
Asyouknow,theMiamiBeachCodeofOrdinances,Sec.2482(c),Registration,mandatesthat,
If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or
beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also
identify allpersons holding, directly or indirectly, a five percent or more ownership interest in
suchcorporation,partnership,ortrust.
For all intents of purposes of this clause, a limited liability company is considered as a
corporation or partnership since it is a sort of hybrid of the two types of business entity, and
DelawarelistsLLCsasatypeofcorporation.
MIAMI MIRROR TRUE LOBBYING REFLECTIONS
The Lobbyist Registration Form itself does not identify the chief officer, partner or beneficiary
andallpersonsholding,directlyorindirectly,afivepercentormoreownershipinterestinsuch
corporation,partnership,ortrust,eventhoughtheformitselfclearlydemandstheinformation,
and the oath under penalties of perjury assertsfamiliarity of the signatories with the lobbying
code: I do solemnly swear that all of the foregoing facts are true and correct and that I have
readoramfamiliarwiththeprovisionscontainedinSection2482oftheMiamiBeachCityCode
and611reportingrequirements.
It appears to me that an incomplete form absent that information of great public interest is
tantamounttoafailuretoregistereventhoughitwasacceptedandinitialedbyacityclerk.
WhereforethisismyChapter119requestforanyswornLobbyistRegistrationFormthathasall
theinformation,trueatthattime,asrequiredbytheordinanceandtheformitself.
Intheeventthatyouhavenosuchform,andifIamnotmistakenastothelaw,Iwillappreciate
your advice as what action you will take to obtain a properly filledout form post haste, or to
refer the matter to the Miami Dade Commission on Ethics and Public Trust as per Sec. 2485
Listofexpenditures;feedisclosure;reportingrequirements,(e)Thecityclerkshallnotifythe
MiamiDade County Commission on Ethics and Public Trust of the failure of a lobbyist (or
principal) to file either of the reports referenced above [registration and expenditure] and/or
paytheassessedfinesafternotification.
Although I am not required to disclose my identity or intent for making this request, please
knowthatmyinterestissimplythepublicityoftheinformation.Ihadadvocatedthepublication
ofthatkindofinformation,notknowingthatlegislationalreadymandatedit.
BestRegards,
DavidArthurWalters
MIAMIBEACH
City of Miami Beach Office of the City Clerk
1700 Convention Center Drive Miami Beach FL 33139
LOBBYIST REGISTRATION FORM
Lobbyist means all persons employed or retained whether paid or not by a principal who seeks to encourage the passage defeat or
modification of any ordinance resolution action or decision of any commissioner any action decision recommendation of the City
Manager or any city board or committee or any action decision or recommendation of any city personnel during the time period of the
entire decision making process on such action decision or recommendation that foreseeably will be heard or reviewed by the city
commission or a city board or committee The term specifically includes the principal as well as any employee engaged in lobbying
activities The term Lobbyists has specific exclusions Please refer to Ordinance 20043435
NAMEOF LOBBYIST
Last First MI
Oc G 81 f1
8
kiLaei
Ma i 33 3
BUSINESS NAMEAND ADDRESS umber and
Street City State Zip Code
@C5
I
C36
NefV
f
ch Oaidl o
r
TELEPHONENUMBER FAXNUMBER EMAIL t
Please notify this office if your contact information changes address phone or email address
I LOBBYIST RETAINED BY
cl C02
NAMEOF PRINCIPAUCLIENT
BUSINESS NAMEAND ADDRESS
Number
and
Street City State Zip Code
TELEPHONENUMBER FAXNUMBER
Optional EMAIL Optional
Fill out this section if principal is a Corporation Partnership or Trust Section 2482 c
NAMEOF CHIEF OFFICER PARTNER ORBENEFICIARY
c ry
IDENTIFYALL PERSONS HOLDING DIRECTLYOR
INDIRECTLYA5ORMOREOWNERSHIP INTEREST IN SUC
CORPORA9N
PARTNERSHIP ORTRUST
rri
nSPECIFICLOBBYISSUE
d
t
t
o
3
2
J
C ov A
Issue to be lobbied
Describe
in de y
T
nl CITYAGENCIESINDIVIDUALSTO BELOBBIED
r
c
Pursuant to City Code Section 2482 a4include the commissioner or personnel sought to be lobbied and whether the 1bbb91t has entered
into any contractual relationship paid or unpaid with said city commissioner or personnel from 12 months preceding such person s
commencement of service with the city to the present date stating the general nature of the subject contractual relationship
Sec 2
482 a4
Full Name of Individual and Contractual
Relationship Explain YES NO
title of person to be lobbied
OA
L
t
by
Ien
X
Pursuant to C
ty
Code Section 2
482 gEvery regist
t shall be required to state the extent of any business financial familial or professional
relationship
r other relationship giving rise to an a pearance of an impropriety with any current city commissioner or city personnel who is
sought to be lobbied as identified on the lobbyist registration form filed
Sec 2482 gAny Financial Familial or Professional Relationship
A
IV
DISCLOSUREOF TERMSAND AMOUNTSOF LOBBYISTCOMPENSATIONDISCLOSEWHETHERHOURLYFLATRATEOR
OTHER
A
LOBBYIST DISCLOSURE
Required k
f
t
estn
4
tI
i
B PRINCIPAL SDISCLOSUREOF LOBBYISTCOMPENSATION
Rquired 1
C C
utitdam
The
following
information must be answered
UV
1 Pursuant to Miami Beach City Code Section 2488Entitled Prohibited Campaign Contributions By Lobbyists On Procurement
Issues
Yes l No Are you lobbying on a present or pending bid for goods equipment or services or on a present or pending
award for goods equipment or service
2 Pursuant to Miami Beach City Code 2490 Entitled Prohibited Campaign Contributions By Lobbyists On Real Estate
Dev opment Issues
Yes No
Are you lobbying on a pending application for a Development Agreement with the City or application for
change of zoning map designation or change to the City sFuture Land Use Map
3
Pursuant to Miami Beach City Code 2484 h Any person except those exempt from the definition of lobbyist as set forth in
Section 2481 above who only appears as a representative of a not for profit corporation or entity without special
comp
sation or reimbursement for the appearance whether direct or indirect to express support of or opposition to any
item shall register with the clerk as required by this section but shall not be required to pay any registration fees
Yes
No Are you representing a notforprofit corporation or entity without special compensation or reimbursement
V SIGNATUREUNDEROATH
ON FEBRUARY28th OF EACHYEAR EACHLOBBYISTSHALL SUBMITTO THECITYCLERK ASIGNED STATEMENT UNDER
OATHLISTING LOBBYING EXPENDITURES AS WELL AS COMPENSATION RECEIVED IN THE CITYOF MIAMI BEACHFOR
THEPRECEDING CALENDARYEAR ASTATEMENT LL BE ILED N IF THERE HAVEBEEN NO EXPENDITURES OR
COMPENSATION DURING THEREPORTING PERIOD
oe
r
Sign
ure o
obbyist
I do
solemnly
swear that of the
foregoing
facts are true
Id c rect and that I have read or am familiar with the provisions contained
o in Section 2482 of the Mm Beach Cit
e and all reporting requirements
Signature of Lobbyist
Signature of Principal Clien
io
VI LOBBYISTIDENTIFICA ON
PRINCIPAL IDENTIFICATION
ElID Y61
I
Q
CA
D0
aProduced IDSDI
Form of Identification
Form of Identification
i
etllltiiiii
Personally
known
Lobbyist
ptttiltttiiiiel
Personally
known
Principal
GOMMiSSIpN
VII SIGNATUREAND STAMP OF
NOT SSio 4
j
c
a
1I d z
State of
Florida County
of Miami Dade
a
State of Florida Count of Miami ga
DD
83236
Sworn to and subscribed before me r
Sworn and subscribed before me
This
9Io
mro
t5
day
of 201
z DD832367
ti This
j day
of 2011OGa
ub
9iit ll e
Si nature of Public
Notary
St a Florida iAUQ ub
41 CSTATE
Signatur
of ublic
Notary
State of lorida
Notarization of Lobbyists
signature
16 gi91ti110 Notarization of Principal ssignature
TO BECOMPLET D BYCITYCLERK SSTAFF ON Y
Annual
Registration
fee
Yes
No Amount Paid 1VICR P ir Date Paid
Lobbyist Registration
Form received and verified
by
1
F
CLERALLaFORMS LOBBYISTFORMS
Lobbyist Annual
Registration Form doc Revise 1
1
11
CA
MIAMJBEACH BEACH
City of Miami Beach 1700 Convention Center Drive Miami Beach Florida 33139 www miamibeachfl gov
CITYCLERK Office
CityClerk@miamibeachfl gov
Tel 305 673 7411 Fax 305 673 7254
LOBBYIST NAME P
1
1
understand that no later than February 28th of each year I must file the following
form pursuant to Section 2485 of the Miami Beach City Code with the City Clerk s
Office for all active lobbying issues
1
Lobbyist Expenditure and Compensation Form
Failure to file these forms
on a timely basis will result in my name being transmitted to the
Miami Dade County Commission on Ethics and for code violation evaluation
In
addition
once an issue I have
registered
to
lobby on has been resolved I am required
to immediately notify the City Clerk sOffice of lobbyist withdrawal in writing
ers i
gna
ure
D te
MIA IBEACH
City of Miami Beach Office of the City Clerk
1700 Convention Center Drive Miami Beach FL 33139
LOBBYISTREGISTRATIONFORM
Lobbyist means all persons employed or retained whether paid or not by a principal who seeks to encourage the passage defeat or
modification of any ordinance resolution action or decision of any commissioner any action decision recommendation of the City
Manager or any city board or committee or any action decision or recommendation of any city personnel during the time period of the
entire decision making process on such action decision or recommendation that foreseeably will be heard or reviewed by the city
commission or a city board or committee The term specifically includes the principal as well as any employee engaged in lobbying
activities The term Lobbyists has specific exclusions Please refer to Ordinance 2004 3435
NAME OF LOBBYIST Last First M1
T0V AVZ Jx05 ll5
54
A4e ti1EW Ok
NV 106103
BUSINESS NAME AND ADDRESS Number and Street
City
State
Zip Code
Zliz
6ZO oix4y
J
S ca t
TELEPHONE NUMBER FAXNUMBER EMAIL
Please notify this office if your contact informationchanges address phone or e mail address
I LOBBYISTRETAINED BY
321 CtAIU
NAME OF PRINCIPAUCLIENT
y3
Q1a I G
7O0
BUSINESS NAME AND ADDRESS Number and Street
At
City
State
Zip Code
305 534 1 6
TELEPHONE NUMBER FAX NUMBER Optional EMAIL Optional
Fill out this section If principal is a Corporation Partnership or Trust Section 2 482 c
NAME OF CHIEF OFFICER PARTNER ORBENEFICIARY
IDENTIFYALL PERSONSHOLDING DIRECTLYORINDIRECTLY A5 ORMORE OWNERSHIP INTERESTINSUCH CORPORATION
PARTNERSHIP ORTRUST
ii SPECIFIC LOBBYISSUE
3Z 1
yel V E
np JF rf
Issue to be lobbied Describe in detail
ui CITYAGENCIEVINDIVIDUALSTO BE LOBBIED
Pursuant to City Code Section 2 482 a 4 include the commissioner or personnel sought to be lobbied and whether the lobbyist has entered
into any contractual relationship paid or unpaid with said city commissioner or personnel from 12 months preceding such persons
commencement of service with the city to the present date stating the eneral nature of the subject contractual relationship
Sec 2 482 a 4 Full Name of Individual and Contractual
Relationship
Explain YES NO
L
title of person to be lobbied
M00
x
Pursuant to City Code Section 2 482 g Every registrant shall be required to state the extent of any business financial familial or professional
relationship or other relationship giving rise to an appearance of an impropriety with any current city commissioner or city personnel who is
sought to be lobbied as identified onthe lobbyist registrationform filed
1
Sec 2 482
Any
Financial Familial or Professional
Relationship JA 111
I
loll
0 9
F CLER ALL a FORMS LOBBYIST FORMSLobbyist Registration Form doc
J
IV D19CLOSUVE OF TERMSAND AMOUNTSOF LOBBYISTCOMPENSATION DISCLOSEWHETHERHOURLY FLATRATE OR OTHER
A LOBBYISTDISCLOSURE Required
i4r T L
12L
B PRINCIPAL S DISCLOSURE OF LOBBYIST COMPENSATON
REQUIRED UO
MV r
L Pt l tt1JT
The following informationmust be answered
1 Pursuant to Miami Beach City Code Section 2 488 Entitled Prohibited Campaign Contributions By Lobbyists On Procurement
Issues
YesiNo Are you lobbying on a present or pending bid for goods equipment or services or on a present or pending
award for goods equipment or service
2 Pursuant to Miami Beach City Code Section 2 490 Entitled Prohibited Campaign Contributions By Lobbyists On Real Estate
Development Issues
Yes tNo Are you lobbying on a pending application for a Development Agreement with the City or applicationfor
change of zoning map designation or change to the City s Future Land Use Map
3 Pursuant to Miami Beach City Code Section 2 482 h Any person except those exempt from the definition of lobbyist as set
forth in Section 2 481 above who only appears as a representative of a not for profit corporation or entity without special
compensation or reimbursement for the appearance whether direct or indirect to express support of or opposition to any
item shall register with the clerk as required by this section but shall not be required to pay any registration fees
Ye4No Are you representing a not for profit corporation or entity without special compensation or reimbursement
V SIGNATURE UNDEROATH
ON FEBRUARY28 OF EACH YEAR EACH LOBBYIST SHALL SUBMITTO THE CITYCLERK ASIGNED STATEMENT UNDER
OATH LISTING LOBBYING EXPENDITURES ASWELL AS COMPENSATION RECEIVED IN THE CITYOF MIAMI BEACH FOR
THE PRECEDINGCALENDARYEAR ASTATEMENT SHALL BE FILED EVEN IF THERE HAVE BEEN NO EXPENDITURES OR
COMPENSATION DURINGTHE REPORTINGPERIOD
Signature of Lobbyist
I do solemnly swear that all of the foregoing facts are true and correct and that I have read or am familiar with the provisions contained
in Section 2 482 of the Miami Beach City Code and 611 reporting requirements
Signature of Lobbyist
Signature of Principal Client
VI LOBBYISTIDENTIFICATION PRINCIPAL IDENTIFICATION
l
1
Produced ID
AeuJ
YP 4 Lic roduced ID d e w 2K
Lic
Form of Identification Form o Identification
Personally
known Lobbyist o
T
Personally
known Principal
g
QR4 U O MJ
VII SIGNATURE ANDSTAMP OF NOTARY
q
u
Q
State of Florida
County
of Miami Dade a
State of Florida County
of Miami Dade
Wiz
Sworn to and subscribed befgre me wD Sworn and subscribed bQfore me
This 2012 Thi D
day
o 2012 a
Signature f Public St a of Florida r
e
Signature Public Nota State of Floridan
Notariza on of Lobbyist s s nature Notarization of Principal s signature
TO BE COMPLETED BYCITYCLERK S STA F O Y
Annual Registrationfee
v
yes No Amount Paid W 9
i
MCR Date Paid
Lobbyist Registration Form received and verified by
F CLER ALL aFORMS LOBBYISTFORMS Lobbyist Annual Registration Form doc ReviS d 04 27 2012
F CLER ALL a FORMS LOBBYISTFORMSLobbyist Registration Form doc
MIANAIBEACH
City of Miami Beach 1700 Convention Center Drive Miami Beach Florida 33139 www miamibeochfl gov
CITY CLERK Office
Rafael E Granado
City
Clerk CityClerkCmiamibeachfl gov
Tel 305 673 741 1 Fax 305 673 7254
LOBBYISTNAME
I understand that no later than February 28 of each year I must file the following form
pursuant to Section 2 485 of the Miami Beach City Code with the City Clerk s Office for
all active lobbying issues
1 LOBBYISTEXPENDITUREANDCOMPENSATIONFORM
Failure to file these forms on a timely basis will result in my name being transmitted to
the Miami Dade County Commissionon Ethics and for code violationevaluation
In addition once an issue I have registered to lobby on has been resolved or I am no
longer lobbying on that issue or for that principal I am required to immediately notify
the City Clerk s Office of lobbyist withdrawal in writing
Pursuant to Section 2 485 d
the City Clerk shall notify any lobbyist or principal who
fails to timely file a Statement and in addition to any other penalties which may be
imposed as provided in Section 2 485 1 a fine of
50 00 a day shall be assessed for all
Statement s filed after the due date
The City Clerk shall notify the Miami Dade
County Commission on Ethics and Public Trust of the failure of a lobbyist or principal
to file the Statement or pay the assessed fines after notification
Any
lobbyist who fails to file the required Statement
by
April 30th 2012 shall be
automatically suspended from lobbying until all fines are paid unless the fine has been
appealed to the Miami Dade County Commissionon Ethics and Public Trust
20l2
Signature Date
CADocuments and Settings clermarm Local Settings
Temporary
Internet Files OLK11 Lobbyist Registration Formrevised 5 30 2012 doc
MIAMI MIRROR TRUE REFLECTIONS
Page1of2
23August2014
NelsonBellido,Esq.,Chairman
MIAMIDADECOUNTYCOMMISSIONONETHICSANDPUBLICTRUST
RE:UncoordinatedMiamiBeach&MiamiDadeCountyLobbyingcodes
HonorableChairman:
Preliminary to spotchecking the records of the clerk of the City of Miami Beach for violations of the
citys lobbying ordinance in respect to failures to register, failures to withdraw, and failures to submit
annualstatements,Iencounteredwhatseems to beafailureofthecity codetoreferto aprovisionin
the countycodethatwouldprovidecounty penaltiesforethicsviolations.My August11inquiryto the
cityattorneyonthematterhasnotbeenacknowledgedtodate.
The Miami Beach Code of Ordinances, besides specifying fines for failure to file disclosure and
expenditurestatements,providesforpenaltiesasfollows:
Sec.2485.1.Penalties.(a)AfindingbytheMiamiDadeCountyCommissiononEthicsandPublicTrust
that a person has violated this division shall subject said person to those penalties set forth within
subsections 211.1(s) and (z) of the Metropolitan Dade County Code, said penalties including
admonition,publicreprimand,fines,aswellasprohibitionsfromregisteringasalobbyistorengagingin
lobbyingactivitiesbeforethecity.
Subsection 211.1(s) (Lobbying) of Section 211.1. (Conflict of Interest and Code of Ethics Ordinance),
providesforthefollowingunder211.1(s)(9):
(9) The Ethics Commission shall investigate any person engaged in lobbying activities who may be in
violationofthissubsection(s).IntheeventthataviolationisfoundtohavebeencommittedtheEthics
Commission may, in addition to the penalties set forth in subsection (z), prohibit such person from
lobbying before the County Commission or any committee, board or personnel of the County as
providedherein.
However,Subsection211.1(z)isnotrelevanttopenalties,readingasfollows:
(z)Prohibitiononparticipationinsettlementnegotiations.NeithertheMayor,aCountyCommissioner
noranymemberoftheirstaffshallparticipateinsettlementnegotiationsofclaimsorlawsuits,including
but not limited to contract scope or compensation adjustments involving the County without prior
approvaloftheBoardofCountyCommissioners.
Since(z)asreferredtointheordinanceisirrelevanttopenaltiesinthecountyordinance,itappearsthat
thereisinfactnoconsequenceforviolationsotherthanthefinesspecifiedinthemunicipalordinance.
Thecountycode,under211.1(cc)(1)reads:
MIAMI MIRROR TRUE REFLECTIONS
Page2of2
(cc) Penalty. (1) Proceeding before Ethics Commission. A finding by the Ethics Commission that a
personhasviolatedthissectionshallsubjectsaidpersontoanadmonitionorpublicreprimandand/ora
fine of five hundred dollars ($500.00) for the first such violation and one thousand dollars ($1,000.00)
for each subsequent violation. Where the Ethics Commission finds that a person has intentionally
violated this section and determines that a fine is appropriate, said person shall be subject to a fine of
one thousand dollars ($1,000.00) for the first such violation and two thousand dollars ($2,000.00) for
eachsubsequentviolation.
However,thecitycodedoesnotreferto(cc).Again,ifthecitycodefailstogibewiththecountycode,
and respective codes are strictly read, there appears to be no county penalty under the city code
becausethelatterreferstoacountysectionthatdoesnotsoprovide.
Please advise if my understanding of relationship between the city and county codes are correct. If so,
MiamiBeachcomplainantsshouldbeadvisedbythemediathattheEthicsCommissionhasnostatutory
remedyintheformofpenalties.
And I have a related question: The city ordinance excludes from the definition of lobbyist unpaid
representatives of neighborhood associations, but they must, prior to communicating with subject city
personnel,discloseinwritingtothecityclerk,theirname,address,andprincipalonwhosebehalfthey
are communicating. What is the penalty for the willful failure of a representative of a neighborhood
associationtomakesuchadisclosure?Wouldthatanissuefortheethicscommissionconsider?
Verytrulyyours,
DavidArthurWalters
IndependentJournalist
Cc:
Rhonda Victor Sibilia, Community Outreach Coordinator
11August2014
RaulAguila,CityAttorney
CITYOFMIAMIBEACH
RE:MiamiBeachLobbyingOrdinanceandMiamiDadeCountypenaltiesforviolationsthereof
DearMr.Aguila:
Preliminarytospotcheckingtherecordsofthecityclerkforviolationsofourcityslobbyingordinancein
respect to failures to register, failures to withdraw, and failures to submit annual statements, I
encounteredwhatmaybeananomalyormistakeinourcitycode.Imustbemistaken,soIhopeyouwill
correctme.
Accordingtomyreading,theMiamiBeachCodeofOrdinances,besidesspecifyingfinesforfailuretofile
disclosureandexpenditurestatements,providesforpenaltiesasfollows:
Sec.2485.1.Penalties.(a)AfindingbytheMiamiDadeCountyCommissiononEthicsandPublicTrust
that a person has violated this division shall subject said person to those penalties set forth within
subsections 211.1(s) and (z) of the Metropolitan Dade County Code, said penalties including
admonition,publicreprimand,fines,aswellasprohibitionsfromregisteringasalobbyistorengagingin
lobbyingactivitiesbeforethecity.
Subsection 211.1(s) (Lobbying) of Section 211.1. (Conflict of Interest and Code of Ethics Ordinance),
providesforthefollowingunder211.1(s)(9):
(9) The Ethics Commission shall investigate any person engaged in lobbying activities who may be in
violationofthissubsection(s).IntheeventthataviolationisfoundtohavebeencommittedtheEthics
Commission may, in addition to the penalties set forth in subsection (z), prohibit such person from
lobbying before the County Commission or any committee, board or personnel of the County as
providedherein.
However,Subsection211.1(z)isnotrelevanttopenalties,readingasfollows:
(z)Prohibitiononparticipationinsettlementnegotiations.NeithertheMayor,aCountyCommissioner
noranymemberoftheirstaffshallparticipateinsettlementnegotiationsofclaimsorlawsuits,including
but not limited to contract scope or compensation adjustments involving the County without prior
approvaloftheBoardofCountyCommissioners.
Does this mean that, since (z) as referred to in ourordinance is not relevant to penalties in the county
ordinance,thereisinfactnoconsequenceforviolations,otherthanthefinesspecifiedinthemunicipal
ordinance?
Inoticethatthecounty,under211.1(cc)(1)reads:
MIAMI MIRROR TRUE REFLECTIONS
(cc) Penalty. (1) Proceeding before Ethics Commission. A finding by the Ethics Commission that a
personhasviolatedthissectionshallsubjectsaidpersontoanadmonitionorpublicreprimandand/ora
fine of five hundred dollars ($500.00) for the first such violation and one thousand dollars ($1,000.00)
for each subsequent violation. Where the Ethics Commission finds that a person has intentionally
violated this section and determines that a fine is appropriate, said person shall be subject to a fine of
one thousand dollars ($1,000.00) for the first such violation and two thousand dollars ($2,000.00) for
eachsubsequentviolation.
Ifthereissomeerrorinamendingthecitycodetogibewiththecountycode,shouldthecodesberead
strictly, so that, again, there is no county penalty under our code since our code refers to a county
sectionthatdoesnotsoprovide?
Onemorequestion(thankyouinadvanceforyourpatience).
The ordinance excludes from the definition of lobbyist unpaid representatives of neighborhood
associations, but they must, prior to communicating with subject city personnel, disclose in writing to
thecityclerk,theirname,address,andprincipalonwhosebehalftheyarecommunicating.
Whatisthepenaltyforthewillfulfailureofarepresentativeofaneighborhoodassociationtomakesuch
adisclosure?Isthatanissuefortheethicscommission?
Verytrulyyours,
DavidArthurWalters