HomeMy WebLinkAboutR-00-1073J-00-_1090
11/30/00
RESOLUTION NO. w 1.6 3
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 ComUSSIOq,
MEETING OF
DEC 1 4 2000
li-olution No.
00 0'Y 3
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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 0 - 0 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
S :e�_
1� 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
Vj
CITY OF MIAMI, FLORIDA
NOTICE TO THE PUBLIC
A public hearing will be held by the Commission of the City of Miami, Florida,
on December 14, 2000 at 9:30 A.M. in the City Commission Chambers at City
Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of considering a
proposed waiver of the prohibition by a former City of Miami employee to enter
into any contract, transact any business, or appear before the City Commission
within two years after leaving City employment as such prohibition applies to
John F. Lindsay, who, wishes to provide consulting services to the City of Miami
Economic Development Committee.
All interested parties are invited to appear and may be heard concerning such
proposed waiver. The hearing will be held at the time and place specified above.
Should any person desire to appeal any decision of the City Commission with
respect to any matter considered at this hearing, that person shall ensure that a
verbatim record of the proceeding is made, including all testimony and evidence
upon which any appeal may be based.
(City Seal)
(#9372)
Walter J. Foeman
City Clerk
60-. 073
CITY OF MIAMI
CITY ATTORNEY'S OFFICI
MEMORANDUM
TO: Mayor and Members of t ity Commission
FROM: Alejandro Vilarel 000
City Attorney
DATE: DecemberT,
RE: City Comm' on Meeting -December 14, 2000
Public Hffing-Waiver of Conflict of Interest provisions as set forth in
Sectio 2-611 and 2-614 as such provisions apply to John F. Lindsay, a
former City of Miami employee (J-00-1090)
The attached Resolution provides for a waiver of 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, who left the service of the City of Miami on
July 8, 2000, and wishes to enter into a contract with the City, and appear before the City
Commission as a consultant for the Economic Development Committee.
The City Code Conflict of Interest provisions provide that no employee enter into
any contract or transact any business with the City or any person or agency acting for the
City, or appear in representation of any third party before any board, commission or agency
of the City, and that such prohibition remain in effect. for a period of two years after the
employee has left City service or terminated City employment. It is therefore necessary for
Mr. Lindsay to obtain a waiver from the City Commission so that he may provide his
consulting services.
W507:BSS
c: Carlos A. Gimenez, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
o
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CITY OF MIAMI, FLORIDA
0 1
0
INTER -OFFICE MEMORANDUM
TO: Honorable Members of DATE : December 26, 2000 FILE:
the City Commission
SUBJECT: Vetoed Legislation passed on
December 14, 2000 Commission
Meeting.
FRO�lVI/.Walter J. Foeman REFERENCES:
City Clerk
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:
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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
�1
The Honorable Joe Carollo, Mayo JL
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 bon Ne
best interest of the City of Miami or its residents to approve Mr. Lindsay's waiver -at this
time. n.__ s
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