HomeMy WebLinkAboutR-95-0086J-95-107
2/2/94
ML
RESOLUTION NO.
95- 86
1 A RESOLUTION WAIVING BY 4/5THS AFFIRMATIVE
VOTE OF THE CITY COMMISSION, AFTER A DULY
ADVERTISED PUBLIC HEARING, THE PROHIBITION
CONTAINED IN SECTION 2-302 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, AS SUCH
PROHIBITION PERTAINS TO WILLIAM RAMOS, WHO
SERVES ON THE CITY OF MIAMI CITY-WIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD, IN
RELATION TO HIS EMPLOYMENT WITH THE PUBLIC
SERVICE AGENCY KNOWN AS ASPIRA, INC., WHICH
AGENCY RECEIVES COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
WHEREAS, William Ramos is currently serving as a member of
the City-wide Community Development Advisory Board of the City of
Miami, and is Deputy Director of the public service agency known
as ASPIRA, Inc.; and
WHEREAS, William Ramos was elected by the Wynwood residents
to represent their interests on the City-wide Community
Development Advisory Board and make recommendations to the City
of Miami, regarding the use of Community Development Block Grant
funds; and
WHEREAS, William Ramos wishes to continue to serve on the
City-wide Community Development Advosory Board, and retain his
employment with ASPIRA, Inc.; and
WHEREAS, the provisions of Section 2-302 of the Code of the
City of Miami, Flordia, as amended, and Section 112.313(7),
CITY COMMISSION
MEETING OF
FEB 0 9 1995
Revolution No. y pP•
9 5 - 8 6 _;,..
t,`Pori
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Florida Statutes, prohibit such. a relationship with the City
unless a waiver is obtained by a 4/5ths vote of the City
Commission, pursuant to City Code Section 2-304 and Section
112.313(12), Florida Statutes;
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
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The prohibition contained in Section 2-302 of
the City Code is hereby waived by a 4/5ths affirmative vote of
the City Commission, after a duly advertised public hearing, as
such prohibition pertains to William Ramos.
Section 3. The waiver set forth in Section 2 hereof is
based upon the recitals and findings contained in Section 1
hereof and upon the following findings:
(a) The City of Miami has determined that William
Ramos is a member in good standing of the City-
wide Commuity Development Advisory Board, and was
elected to represent the Wynwood community and
make recommendations on the use of Community
Development Block Grant Funds, and is currently
Deputy Director of ASPIRA, Inc., a public service
agency receiving Community Development Block Grant
funds, which relationship would be in violation of
Section 2-302 were there not a waiver of the
prohibition contained Section 2-302. 9 5_ 86
-2-
(b) The herein proposed partioipation will be in the
best interest of the City of Miami.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of February 1995.
STEPHEN P. C ARK, MAYOR
CITY CLERK
PREPARED AND APPROVED BY:
RAFAEL 0. DIA
DEPUTY CITY.,ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
i
A. QUtPN cTOW, III
CITY ATTO
BSS:M4933
-3-
95— 86
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and
Members o he City Commission
ef�l�
FROM :Cesar H. Odio
City Manager
Recommendation
It is respectfully recorr#aended that that the
prohibition contained in- COE 83-53 of th
regarding conflict of interest for a member
William Ramos.
Backiaround
DATE : JAN 3 1 1995 FILE :
SUBJECT: February 9, 1995
City Commission Public Hearing/
Waiver of Conflict of Intrerest for
REFERENCES: Member of the City-wide Advisory
ENCLOSURES: Board
e
City Commission address the issue of waiving the
Commission of Ethics of the State of Florida,
of the City board, as such prohibition applies to
Mr. William Ramos is currently serving as a member of the City-wide Community Development
Advisory Board. Mr. Ramos was elected by the Wynwood community to represent them on
the Advisory Board and make recommendations on the use of Community Development Block
Grant funds. Mr. Ramos is deputy director of ASPIRA Inc., which is a public service agency
that currently is receiving Community Development Block Grant funds, A legal opinion from the
Law Department states that this is a conflict of interest under COE 83-53 from the State of
Florida Commission on Ethics, unless a waiver is obtained as provided by Florida Statutes
112.313(12) 1993. A waiver may be obtained by a 4l5ths vote of the City Commission. Mr.
Ramos has requested a public hearing on the matter, since he wishes to continue to serve on
the Community Development Advisory Board.
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95- 86 16`1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM Cll
TO : Cesar H. Odio, City Manager
AttnWd'a
Smith,'tant City Manager
FROM : ;Frr
Department of CommunityDevelopment
DATE : January
M f
SUBJECT : February 9, 1995
City Commission Public Hearing/
Waiver of Conflict of Interest for
REFERENCES ; Member of City-wide Community
ENCLOSURES: Development Advisory Board
Please find the foil: g itein to appear as a public hearing on the February 9, 1995 City
Commission meeting
Resolution
1) Waiver of conflict of interest for William Ramos as a member of the City-wide Community
Development Advisory Board.
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CITY.14ANAGERS OFFICE
TO : Cesar H. Odlo DATE : MaxIC Q'i46 y9 ' 3 FIL&K:IA-94000:
City Manager
FROM : A/' ' in ne s , I I I
City Al-rney
SUBJECT : Conflict of Interest
REFERENCESCOmmunity Development
Advisory Board
ENCLOSURES :
You have requested a legal opinion on substantially the following
question:
WHETHER A PROHIBITED CONFLICT OF INTEREST IS
CREATED WHEN MEMBERS OF THE COMMUNITY
DEVELOPMENT ADVISORY BOARD ARE ALSO DIRECTORS
OR REPRESENTATIVES OF NON-PROFIT CORPORATIONS
WHICH RECEIVE GRANTS THROUGH RECOMMENDATIONS
MADE BY THE BOARD.
The answer to your question is in the negative, subject to the
following requirements.
The Code of Ethics for public officials in Florida provides in
relevant part:
CONFLICTING EMPLOYMENT OR CONTRACTUAL
RELATIONSHIP.- No public officer or employee
of an agency shall have or hold any
employment or contractual relationship with
any business entity or any agency which is
subject to the regulation of, or is doing
business with, an. agency of which he is an
officer or employee. . . nor shall an officer
or employee of an agency have or hold any
employment or* contractual relationship that
will create a continuing or frequently
recurring conflict between his private
interests and the performance of his public
duties or that would impede the full and
faithful discharge of his public duties
[Section 112.313(7)(a), Florida Statutes
(1993).,
The threshold issue which must be addressed in order to answer
the particular question posed herein is whether an employment or
contractual relationship is created between the Board member and
the non-profit corporation. The determination appears to rest on
whether there is any payment of compensation.
95- -,8s
Page 2
March 14, 1994.
Cesar H. Odio
Re: Conflict of interest -
The Commission on Ethics of the State of Florida ("COE") opined
in COE 84-118 that, In the absence of payment of compensation, a
contractual relationship employment is not created.
Therefore., if the Board megers in question fail to receive
compensation from the non-profit organization which they
represent, no conflict of interest occurs.
However, COE 83-53 is exactly on point as to persons who receive
compensation from a non-profit entity. In COE 83-53, a member of
a city community development advisory committee responsible for
advising the city regarding use -,of community development blocks
grant funds was employed as executive director of a non-profit
corporation receiving those funds. The COE found that -a conflict
of interest clearly existed unless the waiver exception provided
for.in Section 112.313(12), Florida Statutes (1993) is obtained.
A member' of the community development advisory board may obtain
such a wbkiver by a 4/5ths vote of the City Commission.
Prepared by:
1 'fael 0. Diaz
Deputy City A rney
s
AQJ/ROD/cm/PS52
cc: Honorable Mayor and
Members of thei'City Commission
86
Y'
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Matty Hirai DATE : January 5, 1995 FILE
City Clerk
SUBJECT : Request to Publish Notice of
Public Hearing
1%taneda, Director REFERENCES:
ent of Community Development ENCLOSURES:
Please make arrangements to publish a notice of public hearing to allow for a waiver of the
conflict of interest prohibition retained in COE 83-53 of the Commission of Ethics of the State
of Florida, to allow Mr. William Ramos to continue to -serve on the City-wide Community
Development AdvisoN'Board. This notice must be placed at least ten days before the public
hearing.
The date of this public hearing will be February 9, 1995; the time should be set by the Agenda
Office.
FCIvh
<memos>mhirai
Approved.Ja_�;
Elvi Gailastegui
Agenda Coordinator
95- 86
Please, all notice that a public
Miami, Florida, on February 9,
City Hall, 3500 Pan American
interest prohibition, contained i
Florida, in order to allow Mr.
Development Advisory Board.
employee of ASPIRA, Inc., an
funds.
City of Miami, Fi+ Ida
Notice to the Public
hearing will be held by the City Commission the City of
1995, at , in the City Commission %,cambers at
Drive, Miami, Florida, to discuss a waiver of the conflict of
n COE 83-53 of the Commission of Ethics of the State of
William Ramos to continue to serve on the City-wide Community
This action is required because Mr. William Ramos is an
agency that receives Community Development Block Grant
In order to allow Mr. William Ramos to continue to serve on the City-wide Cc „'tY
Development Advisory Board, a waiver of the conflict of interest prohibition In COE t . of
the Commission of Ethics of the State of Florida must be granted by the City Commission. All
Interested persons are invited to appear, and may be heard in connection with this item.
City Seal
Matty Hirai
City Clerk
G •! of Miami, Florida