HomeMy WebLinkAboutM-96-0813r
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1 CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Wifredo Gort
Vice-Mayor
FROM : A. Quinn
City Attor
DATE : October 30, 1996 FILE : MIA-96.017
SUBJECT :
Voting for Mr. Marquez
for City Manager
REFERENCES : Request for Legal Opinion
ENCLOSURES:
You have requested a legal opinion on the following question:
WHETHER THE FACT THAT EDWARD MARQUEZ
SERVED ON A COMMITTEE WHICH SELECTED THE
COMPANY IN WHICH YOU ARE A PRINCIPAL, AIBC
INVESTMENT SERVICES, INC., TO BE ONE OF DADE
COUNTY'S UNDERWRITERS PRECLUDES YOU FROM
VOTING FOR MR. MARQUEZ AS CITY MANAGER.
The answer to your question is in the negative. A conflict of interest may
only occur in a situation in which a public officer or employee may use his/her
power or influence for personal gain. The Florida Legislature recognized the need
of ensuring the public trust in public officials and employees against conflict of
interest problems. Section 112.312 (8), Florida Statutes (1995) defines "conflict of
interest" as "a situation in which regard for a private interest tends to lead to
disregard of a public duty or interest." According to Section 112.313, Florida
Statutes (1995), to avoid a potential conflict of interest, a public officer or employee
of an agency cannot:
(1) Solicit or accept gifts or anything of value to the recipient, including a
loan, reward or promise of future employment, favor, or service, based upon any
understanding that the vote, official action, or judgment of the public officer or
employee would be influenced by the gift.
(2) Do business with one's own agency while acting in an official capacity
as a purchasing agent or public officer by directly or indirectly (through agents or �
representatives) purchasing, renting, or leasing any realty, goods, or services for
one's own agency from any business entity of which the public officer or his/her
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Wifredo Gort, Vice -Mayo
Page 2
October 30, 1996
spouse or child is an officer, partner, director or proprietor or has a material
interest.
(3) Accept unauthorized compensation, payment, or thing of value, when
the public officer or employee knows, or should know, that it was given to influence
a vote or influence other action by the employee in his official capacity.
(4) Misuse public position corruptly, attempt to use one's official position,
or perform one's official duties to secure a special privilege, benefit, or exemption for
oneself or others.
(5) Disclose or use certain information not available to members of the
general public and gained by reason of one's official position for one's own personal
gain or benefit, or the personal benefit of any other person or business entity.
(6) Have a contractual relationship with any business entity or agency
which is subject to the regulation of, or is doing business with, an agency of which
one is an officer or employee, except when the organization and its officers officially
enters into or negotiates a collective bargaining contract with the city.
Additionally, Section 112.3143(3)(a), Florida Statutes (1995) states that "[n]o
county, municipal or other public officer shall vote in an official capacity upon any
measure which would inure to his or her special private gain or loss ... "
It does not appear that any of the above criteria are applicable to the present
situation. In the instant case, Mr. Marquez' participation in the County's selection
committee preceded his candidacy for the City Manager's position. In fact, there
was no vacancy in the position for City Manager at the time of the County's
selection process for financial underwriting services. Apparently, neither Mr.
Marquez nor yourself was aware of the possibility that Mr. Marquez would be
seeking the position with the City at the time that he served on the County's
96.- 813
r
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Wifredo Gort, Vice -Mayo.
Page 3
October 30, 1996
selection committee. Therefore, no conflict of interest is present since you cannot
derive any benefit at this time from voting for Mr. Marquez as City Manager.
PREPARED BY: REVIEWED BY:
Rafael O. Diaz KathryK S. Pecko
Deputy City Attorney Assistant City Attorney
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cc: Joe Carollo, Mayor
J.L. Plummer, Jr., Commissioner
Richard P. Dunn, II, Commissioner
Tomas Regalado, Commissioner
Merrett Stierheim, City Manager