HomeMy WebLinkAboutCC 2001-01-11 No Veto LegislationC -7Y OF MIAV FLORID~,
INTER -OFFICE MEMORANDUM
Vice Chairman and Members of the
City Commission
Walter Y..E n
City Clerk
January 25, 2001
SiBiEc- No vetoed legislation.
REFERENCES
ENCLOSURES
Pursuant to 4(g)(5) of the Charter, the City Clerk is directed to place any item(s) vetoed by the
Mayor, together with veto forms (including Mayor's veto and veto message), on the next regularly
scheduled Commission agenda as the first substantive item(s) for Commission consideration.
The deadline for possible mayoral veto action from the Commission Meeting of January 11, 2000"("
was Monday, January 22, 2001, on or before 4:30 p.m. This office did not receive any legislative
items to be vetoed from said meetings.
c: Joe Carollo, Honorable Mayor
Carlos A. Gimenez, City Manager
Alejandro Vilarello, City Attorney
WJF:amr
1/25/20018:33 AM
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Vice Chairman and Members of the
Tr)
January 11, 2001
DATE FIL
SUBJECT
Vetoed Legislation: Resolution 00-
1073- passed on December 14, 2000
REFERENCES Commission Meeting.
City Clerk ENCLOSURES.
Pursuant to 4(g)(5) of the Charter, the City Clerk is directed to place any item(s) vetoed by the
Mayor, together with veto forms (including Mayor's veto and veto message), on the next regularly
scheduled Commission agenda as the first substantive item(s) for Commission consideration.
This office is in receipt of a mayoral veto (received on Friday, December 22, 2000 at 4:03 p.m.), of
an action taken by the Commission in connection with Item 9, Resolution 00-1073, from the
December 14, 2000 Commission meeting, which allows for the waiver of the prohibitions
contained in Sections 2-612 through 2-614 of the Code of the City of Miami, Florida, as amended,
as such prohibition pertains to John F. Lindsay.
Section 2-612 of the City Code of the City of Miami prohibits any employee from appearing in any
capacity on behalf of any third party before any board or agency of the City. The prohibition
remains in effect for two years after the employee has left City service. Section 2-614 allows for a
waiver of the prohibition if four-fifths of the City Commission finds that the proposed transaction
or transactions for which the employee wishes to appear is in the best interest of the City.
In closing, this issue has been placed before you, in order that the Commission either consider a
motion to override the aforementioned mayoral veto (by 4/5ms of the Commissioners present),
notwithstanding the veto of the Mayor, otherwise the mayoral veto shall be deemed sustained.
Carlos A. Gimenez, City Manager
Alejandro Vilarello, City Attorney
WJF:amr
01/11/20019:13 AM
(Ut#> �ft�xxrtt,�Tlvriba
V OF y
s� 93
i�.
JOE CAROLLO
MAYOR
Office of the Mayor
Miami, Florida
Veto and Veto Message
TO: Honorable Members of the City Commission
Miami, Florida
FROM: The Honorable Joe Carolio, Mayo',
Miami, Florida
DATE: December 21, 2000
P.O. BOX 330708
MIAMI, FLORIDA 33233-0708
(305)250-5300
FAX (305) 854-4001
Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the
Charter of Miami, I hereby veto:
Resolution (00-1073) —Waiver for John L. Lindsay
(Thursday, December 14th, 2000 Commission Meeting)
Veto Message:
The above referenced item, which would waive the Conflict of Interest provision of the
City Charter, applicable to Mr. John L. Lindsay, a former City of Miami employee, is
hereby VETOED.
At the time the City of Miami Commission voted to waive this provision of the Code,
there was and still remains an outstanding issue regarding a contract allegedly entered
into by Mr. Lindsay on behalf of the City in the amount of $18,000. As the City of Miami
Charter only authorizes the duly appointed City Manager to enter into contracts that
commit public dollars; the issue regarding the outstanding obligation must be fully
satisfied prior to any waiver being approved for Mr. Lindsay.
Because of the foregoing reason and other matters that Mr. Lindsay participated in that
served to undermine the integrity of the City of Miami -- I find that it would not be in the
best interest of the City of Miami or its residents to approve Mr. Lindsay's waiver at this
time.
C ,i
J-00-1090
11/30/00
3
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION BY
A FOUR FIFTHS (4/5T11) AFFIRMATIVE VOTE, AFTER
A DULY ADVERTISED PUBLIC HEARING, WAIVING THE
PROHIBITIONS CONTAINED IN SECTIONS 2-611
THROUGH 2-614 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AS SUCH
PROHIBITION PERTAINS TO JOHN F. LINDSAY, A
FORMER EMPLOYEE OF THE CITY OF MIAMI,
FLORIDA, ENTERING INTO A CONTRACT,
TRANSACTING BUSINESS WITH AND FOR THE CITY,
OR APPEARING BEFORE THE CITY COMMISSION AS A
CONSULTANT FOR THE ECONOMIC DEVELOPMENT
COMMITTEE.
WHEREAS, John F. Lindsay is a former employee of the City of
Miami (the "City"); and
WHEREAS, the City's Economic Development Committee wishes to
engage John F. Lindsay as an consultant to assist the Committee
with its goals, as charged by the City Commission, related to
economic development throughout the City; and
WHEREAS, the Conflict of Interests provisions of the City
are applicable to John F. Lindsay as he left the service of the
City on July 8, 2000, which is within the two year limitation as
set forth in Sections 2-611 through 2-614 of the Code of the City
of Miami, Florida, as amended; and
CITY COMMISSION
YZEETINc OF
D E L I Ir i ggg
hesowuon No.
WHEREAS, Mr. Lindsay seeks a waiver of the Conflict of
Interest provisions so he may enter into a contract, transact
business with and for the City, or appear before the City
Commission as a consultant for the Economic Development
Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The prohibitions contained in Sections 2-611
and 2-614 of the Code of the City of Miami, Florida, as amended,
are hereby waived by a four-fifths (4/5ths) affirmative vote of
the members of the City Commission, after a duly advertised
public hearing, as such prohibitions pertain to John F. Lindsay,
a former employee of the City of Miami, Florida. -
Section 3. The waivers set forth in Section 2 hereof is
based upon the following findings:
(a) John F. Lindsay left the service of the City of
Miami on July 8, 2000;
(b) John F. Lindsay seeks to enter into a contract,
transact business with and for the City, or appear
before the City Commission as a consultant for the
Page 2 of 3 C0_10j)3
Economic Development Committee, which would be in
violation of the City Code if such waivers are not
granted by the City Commission;
(c) it is in the best interest of the City and its
furtherance of economic development that John F.
Lindsay provide .consulting services to the
Economic Development Committee.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.-'/
PASSED AND ADOPTED this 14th
ATTEST:
WALTER J. FOEMAN
day Deceme)�,-'- 2000.
*E CAROLLO, MAYOR
S :e�_
�i If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 3 of 3
§ 2-35
MIAMI CODE
boards or committees in regard to the length of
past service by the mayor or those city commis-
sioners so serving thereon. In each succeeding
year and not later than 60 days before the first
day of the month set forth in paragraph (a) above,
the city manager shall present the mayor and city
commission with a report on this subject for
commission review and consideration at a city
commission meeting scheduled to take place no
later than 30 days before the first day of the
month set forth in paragraph (a) above.
(Ord. No. 10715, § 1, 3-8-90; Code 1980, § 2-15;
Ord. No. 11564, § 4, 10-28-97)
Sec. 2-36. Mayoral veto and commission
override.
The veto provisions of City Charter section
4(g)(5) shall be exercised exclusively in accor-
dance with the terms and conditions herein:
(1) Each ordinance and resolution finally
adopted by the commission shall contain
a place for noting mayoral approval or
veto, and commission override. The mayor
may indicate approval of any ordinance or
resolution by signing it in the place pro-
vided, or the mayor may permit the item
to become effective in accordance with its
terms by allowing ten days to elapse with-
out exercising a veto.
(2) If the mayor determines to veto an ordi-
nance, resolution, motion or budget line
item, the mayor shall personally sign a
copy of the form set forth herein in the
place so provided and shall indicate with
specificity the reason(s) for the veto. The
form shall be stated substantially as fol-
lows:
OFFICE OF THE MAYOR
MIAMI, FLORIDA
VETO AND VETO MESSAGE
To:
Honorable Members of the City
Commission
Miami, Florida
Supp. No. 11 CD2:14
From:
[Signature of the Mayor] Mayor,
Miami, Florida
Pursuant to the authority vested in me
under the provisions of Section 4(g)(5) of
the Charter of Miami, Florida, I hereby
veto:
[State ordinance, resolution, motion or
budget line item]
Veto message:
(3) The completed form shall be submitted to
the city clerk on or before 4:30 p.m. on the
tenth calendar day following final commis-
sion enactment or adoption thereof. The
city clerk's official date and time recorder
stamp on the completed form shall conclu-
sively determine compliance or noncom-
pliance within the ten-day time frame.
(4) The city clerk shall place any item(s)
vetoed by the mayor, together with the
completed veto forms, on the next regu-
larly scheduled commission agenda as the
first substantive item(s) for commission
consideration.
(5) Notwithstanding any other rule of the
commission, items vetoed by the mayor
shall not be subject to the "5 day rule" as
provided in section 2-33; not be deferred
to a future meeting; not require commit-
tee review; not be subject to a motion to
reconsider, except at the same meeting;
not require first reading; not require pub-
lication or additional public hearings; or
not be amended if the item required spe-
cial publication or a public hearing to be
originally adopted or enacted.
(6) A motion to override a mayoral veto shall
be stated substantially as follows:
a. "I move that [the ordinance, resolu-
tion or motion] be adopted and be-
come effective notwithstanding the
veto of the mayor"; or
b. "I move that [the specific line item in
the budget] be restored to the ordi-
nance and become effective notwith-
standing the veto of the mayor."
ADMINISTRATION
(7) If four-fifths of all commissioners present
votes in favor of a resolution to override a
mayoral veto as provided in subsection (f)
above, the commission action in question
shall be deemed enacted or adopted and
effective in accordance with its terms;
otherwise, the mayoral veto shall be
deemed sustained.
(8) The provisions of this rule shall not be
. waived.
(Ord. No. 11564, § 4, 10-28-97)
Sec. 2-37. Removal of the city manager by
mayor-, effective date.
The removal of the city manager by the mayor,
pursuant to section 4(g)(6) of the City Charter
shall take effect at 5:00 p.m. on the tenth day
after the manager is notified of said removal by
the mayor unless said removal is overridden by a
four-fifths vote of the commissioners then in of-
fice.
(Ord. No. 11851, § 2, 10-26-99)
Secs. 2-38-2-60. Reserved.
ARTICLE III. OFFICERS
DIVISION 1. GENERALLY
Secs. 2-61-2-85. Reserved.
DIVISION 2. CITY MANAGER*
Sec. 2-86. Powers and duties in general.
The city manager shall be appointed pursuant
to and shall have the powers and duties enumer-
ated in the laws of the state, the city Charter, this
Code and other city ordinances.
(Code 1967, § 2-11; Code 1980, § 2-31)
§ 2-111
Sec. 2-87. Assistant city manager and admin-
istrative assistant to the city man-
ager—Positions created.
The offices and positions of assistant city man-
ager and of administrative assistant to the city
manager are hereby created and established.
(Code 1967, § 2-12; Code 1980, § 2-32)
Sec. 2-88. Same—Powers and duties.
The duties and services to be performed by the
assistant city manager and the administrative
assistant to the city manager shall be such duties
and services as may be assigned to them by the
city manager.
(Code 1967, § 2-13; Code 1980, § 2-33)
Secs. 2-89-2-110. Reserved.
DIVISION 3. CITY ATTORNEYt
Sec. 2-111. Supervision and control of attor-
neys employed by city.
(a) All attorneys at law retained or employed
by the city, regardless of the nature or kind of
service performed or the title or designation un -
*Charter references—Prohibition against commission
dictating appointments or interfering with city manager,
§ 4(d); election of city manager by commission, § 4(e); city
manager generally, §§ 15-17.
City Code cross references—Authority to prohibit sales
of alcoholic beverages during emergencies causing or tending tCharter references—Selection of city attorney by com-
to cause public disorder, etc., § 4-5. mission, § 4(e); department of law, § 21.
Supp. No. 11 CD2:14.1
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Commissioner T
FROM: Alejandro
City APO
DATE: January 4,
RE: Mavor:&07eto of Resolution No. 00-1073
You have asked several questions related to the Mayor's veto of a Resolution, which
allows John Lindsay, a former city employee, to address the City Commission before the
expiration of two years.
Section 2-612 of the City Code of the City of Miami prohibits any employee from
appearing in any capacity on behalf of any third party before any board or agency of the City.
The prohibition remains in effect for two years after the employee has left City service.
Section 2-614 allows for a waiver of the prohibition if four-fifths of the City Commission
finds that the proposed transaction or transactions for which the employee wishes to appear is
in the best interest of the City.
The resolution passed unanimously by the City Commission at a public hearing,
Resolution No. 00-1073, waives the prohibition for John Lindsay based on findings set forth
in writing in the resolution and which resolution was included in the commission packet,
distributed at least five days before the Commission meeting on December 14, 2000.
You refer to the veto message of Resolution No. 00-1073 wherein the Mayor states
that there remains an outstanding issue regarding $18,000 due for news "clipping" services
from Bacon's Information Inc. (Bacon's) which invoices were signed after the service was
provided by John Lindsay. -
A review of the documentation regarding Bacon's indicates that John Lindsay was the
person with whom personnel from Bacon's primarily dealt. John Lindsay signed a document,
which appears to be the initial authorization of engagement, which includes a monthly charge
of $258 and a unit charge of $1.35 per clip page. No total value or specific duration is
indicated on the document. It appears, however, that Bacon's was retained initially on
January 26, 2000 for a duration of three months. Total charges escalated rapidly on a per clip
basis after the search words "Warshaw," "O'Brian," "Carrollo" and "Elian" were added to
the directive given to Bacon's.
Commissioner Tomas Regalado January 4, 2001
Mayor's Veto -Resolution No. 00-1073 Page 2
You ask whether Assistant City Managers are authorized to enter into contracts at the
direction of the City Manager. Generally, the City Manager may delegate certain signatory
functions to Assistant City Managers, department directors or otherwise.
Inquiry is made whether the mayor proposes payment by John Lindsay for outstanding
invoices. It is unclear from the veto message whether the Mayor seeks payment of the
$18,000 accumulation charges from John Lindsay or otherwise.
You also inquire whether John Lindsay committed any illegal acts regarding the
engagement and subsequent approval of invoices from Bacon's. In a review of the file,
which includes invoices, e-mail communications, notes on telephone calls, and memos, there
does not appear to be evidence of illegal acts either pursuant to Florida state law or the
criminal provisions of the City of Miami or the Miami -Dade County Code.
c: Mayor and Members of the City Commission
Carlos A. Gimenez, City Manager
Walter J. Foeman, City Clerk
TO Honorable Members of
the City Commission
FROM . Walter J. Foeman
f' City Clerk
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
DATE December 26, 2000
SUBJECT. Vetoed Legislation passed on
December 14, 2000 Commission
Meeting.
% C REFERENCES
ENCLOSURES.
Pursuant to Code Section 2-36, the City Clerk is directed to place any item(s) vetoed by the Mayor,
together with veto forms (including Mayor's veto and veto message), on the next regularly
scheduled or Special Commission meeting agenda as the first substantive item(s) for Commission
consideration. This office is in receipt of a mayoral veto (received on Friday, December 22, 2000
at 4:03 p.m.), of an action taken by the Commission in connection with the following item:
Resolution 00-1073, passed on the December 14, 2000 City Commission meeting,
waiving the prohibitions contained in Sections 2-611 through 2-614 of the Code
of the City of Miami, Florida, as amended, as such prohibition pertains to John F.
Lindsay, a former employee of the City of Miami, Florida, entering into a
contract, transacting business with and for the City or appearing before the City
Commission as a consultant for the Economic Development Committee.
In closing, this issue has been forwarded to you, in order that the Commission either adopt the
override of the aforementioned mayoral vetoes (by 4/5ths of all of the Commissioners present), or
otherwise the mayoral veto shall be deemed sustained.
If you have any questions regarding the mayoral veto, please do not hesitate to call.
WJF:amr
C: Honorable Mayor Joe Carollo
Carlos A. Gimenez, City Manager
Alejandro Vilarello, City Attorney
Marva Wiley, Assistant to the City Manager
JOE CAROLLO
MAYOR
TO:
FROM:
DATE:
V OF y
t
O unii iiuu Q,
7 �Q
a�CO.,
Foy
Office of the Mayor
Miami, Florida
Veto and Veto Message
P.O. BOX 330708
MIAMI, FLORIDA 33233-0708
(305)250-5300
FAX (305) 854-4001
Honorable Members of the City Commission
Miami, Florida
J_� ✓ a~1
The Honorable Joe Carollo, Mayo
Miami, Florida
December 21, 2000
Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the
Charter of Miami, I hereby veto:
Resolution (00-1073) —Waiver for John L. Lindsay
(Thursday, December 14th, 2000 Commission Meeting)
Veto Message:
The above referenced item, which would waive the Conflict of Interest provision of the
City Charter, applicable to Mr. John L. Lindsay, a former City of Miami employee, is
hereby VETOED.
At the time the City of Miami Commission voted to waive this provision of the Code,
there was and still remains an outstanding issue regarding a contract allegedly entered
into by Mr. Lindsay on behalf of the City in the amount of $18,000. As the City of.Miami
Charter only authorizes the duly appointed City Manager to enter into contracts that
commit public dollars; the issue regarding the outstanding obligation must be fully
satisfied prior to any waiver being approved for Mr. Lindsay.
Because of the foregoing reason and other matters that Mr. Lindsay participated in that
served to undermine the integrity of the City of Miami -- I find that it would not be in the
best interest of the City of Miami or its residents to approve Mr. Lindsay's waiver at this
time.
r ._ 7
J-00-1090
11/30/00
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION BY
A FOUR FIFTHS (4/5TIS ) AFFIRMATIVE VOTE, AFTER
A DULY ADVERTISED PUBLIC HEARING, WAIVING THE
PROHIBITIONS CONTAINED IN SECTIONS 2-611
THROUGH 2-614 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, AS SUCH
PROHIBITION PERTAINS TO JOHN F. LINDSAY, A
FORMER EMPLOYEE OF THE CITY OF MIAMI,
FLORIDA, ENTERING INTO A CONTRACT,
TRANSACTING BUSINESS WITH AND FOR THE CITY,
OR APPEARING BEFORE THE CITY COMMISSION AS A
CONSULTANT FOR THE ECONOMIC DEVELOPMENT
COMMITTEE.
WHEREAS, John F. Lindsay is a former employee of the City of
Miami (the "City"); and
WHEREAS, the City's Economic Development Committee wishes to
engage John F. Lindsay as an consultant to assist the Committee
with its goals, as charged by the City Commission, related to
economic development throughout the City; and
WHEREAS, the Conflict of Interests provisions of the City
are applicable to John F. Lindsay as he left the service of the
City on July 8, 2000, which is within the two year limitation as
set forth in Sections 2-611 through 2-614 of the Code of the City
of Miami, Florida, as amended; and
CITY COMMISSION
MEETING OF
,�(1 rheso+uuon No.
WHEREAS, Mr. Lindsay seeks a waiver of the Conflict of
Interest provisions so he may enter into a contract, transact
business with and for the City, or appear before the City
Commission as a consultant for the Economic Development
Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The prohibitions contained in Sections 2-611
and 2-614 of the Code of the City of Miami, Florida, as amended,
are hereby waived by a four-fifths (4/Sth5) affirmative vote of
the members of the City Commission, after a duly advertised
public hearing, as such prohibitions pertain to John F. Lindsay,
a former employee of the City of Miami, Florida. -
Section 3. The waivers set forth in Section 2 hereof is
based upon the following findings:
(a) John F. Lindsay left the service of the City of
Miami on July 8, 2000;
(b) John F. Lindsay seeks to enter into a contract,
transact business with and for the City, or appear
before the City Commission as a consultant for the
Page 2 of 3 GO --1U'3
a
Economic Development Committee, which would be in
violation of the City Code if such waivers are not
granted by the City Commission;
(c) it is in the best interest of the City and its
furtherance of economic development that John F.
Lindsay provide consulting services to the
Economic Development Committee.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.11
PASSED AND ADOPTED this 14th day December.-', 2000.
ATTEST:
WALTER J. FOEMAN
S :e
E CAROLLO, MAYOR
'-� If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 3 of 3
Ji -JL