HomeMy WebLinkAboutR-95-0734J-95-877
10/18/95
RESOLUTION NO.9 5 " 734
A RESOLUTION WAIVING BY A 4/5THS AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION,
AFTER A DULY ADVERTISED PUBLIC HEARING, THE
PROHIBITION CONTAINED IN COE 83-53, OF THE
COMMISSION OF ETHICS OF' THE STATE OF FLORIDA,
AS SUCH PROHIBITION APPLIES TO EMILIO LOPEZ,
WHO SERVES ON THE CITY'S CITYWIDE COMMUNITY
DEVELOPMENT ADVISORY BOARD, IN RELATION TO
HIS EMPLOYMENT WITH THE PUBLIC SERVICE AGENCY
BORINQUEN HEALTH CARE CENTER, INC., WHICH
RECEIVES COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS, AND HIS ROLE AS A MEMBER OF THE
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD
RESPONSIBLE FOR ADVISING THE CITY REGARDING
THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS.
WHEREAS, Emilio Lopez is currently serving as a member of
the Citywide Community Development Advisory Board of the City of
Miami, and is Director of the public service agency, Borinquen
Health Care Center, Inc.; and
WHEREAS, Emilio Lopez was appointed by the City Commission
to serve on the Citywide Community Development Advisory Board and
make recommendations to the City of Miami regarding the use of
Community Development Block Grant funds; and
WHEREAS, Emilio Lopez wishes to continue to serve on the
Citywide Community Development Advisory Board, and retain his
employment with Borinquen Health Care Center, Inc.; and
,CITY COMMISSION
MEET114C OF
O C T 2 6 1995
Revolution No.
95- 734
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 waiver set forth in Section 3 hereof is
based upon the recitals and findings contained in Section 3.
hereof and upon the following findings:
(a) The City of Miami has determined that Emilio
Lopez is a member in good standing of the Citywide
Community Development Advisory Board, and was appointed
by the City Commission to make recommendations on the
use of Community Development Block Grant funds, and is
currently Director of Borinquen Health Care Center,
Inc., a public service agency receiving Community
Development Block Grant funds, which relationship would
be in violation of COE 83-53 were there not a waiver of
the prohibition contained in said COE 83-53. A waiver
exception is provided for in Section 112.313(12),
Florida Statutes (1993) by a 4/5ths vote of the City
Commission.
Section 3. The prohibition contained in COE 83-53 of
State of Florida Commission on Ethics is hereby waived by a
4/5ths affirmative vote of the City Commission, after a duly
advertised public hearing.
2-
95- 734
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26th day of October 1995.
STEFCEN P. CLAR , MAYOR
ATTEST:
WALTE� J/./ MAN
CITY CLER
COMMUNITY DEVEL PMENT REVIEW AND
APPROVAL :
K CXSTANEDk, DIRECTOR
NET
PREPARED AND APPROVED BY:
LINDt� KEARSON
ASSISTANT CITY ATTO EY
APPROVED AS TO FORM AND CORRECTNESS:
A. qTVNN,OP`ES, III
CITY ATT EY
W378:csk:LKR
3
95- 734
_.. _
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM 16
Honorable Mayor and Members OCT 13 1995
ro of the City Commission DATE rig
October 26, 1995
SUBJECT : City Commission Public
Hearing Waiver of Con-
flict of Interest for
FROM REFERENCES Member of the City-wide
Cesa Odio Advisory Board
Cityh ager ENCLOSURES
Recommendation:
It is respectfully recommended that the City Commission address the
issue of waiving the prohibition contained in COE 83-53 of the
Commission of Ethics of the State of Florida, regarding conflict of
interest for a member of the City board, as such prohibition applies
to Emilio Lopez.
Background:
Mr. Emilio Lopez is currently serving as a member of the City-wide
Community Development Advisory Board. Mr. Lopez was appointed by the
City Commission to serve on the Advisory Board, and make
recommendations on the use of Community Development Block Grant
funds. Mr. Lopez is director of Borinquen Health Care Center, Inc.,
which is a public service agency that currently is receiving
Community Development Block Grant funds. A legal opinion front 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 4/5ths vote of the City Commission. Mr.
Lopez has requested a public hearing on the matter, since he wishes
to continue to serve on the Community Development Advisory Board.
CITY OF MW1 FLORIDA
INTEROFFICE MEMORANDUM
ro : Walter J . Foeman DATE
September 27, 1995 LE
City Clerk
Request to Publish Notice
SUBJECT : of Public Hearing
FROM L � REFERENCES
Fra,n'k CaStIaneda, Director
Office of NET 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. Emilio Lopez to continue to serve on the City --wide
Community Development Advisory Board. This notice must be placed at
least ten (10) days before the public hearing.
The date of this public hearing will be October 26, 1995; the time
should be set by the Agenda Office.
FC:mb
Ap ved . J'�s_te_gui
Elvi Gal
Agenda Coordinator
96- 734
i
CITY OF MIAMI
NOTICE TO THE PUBLIC
Please, all notice that a public hearing will be held by the
City Commission of the City of Miami, Florida, on October 26,
1995, at , in the City Commission Chambers at
City Hall, 3500 Pan American Drive, Miami, Florida, to discuss a
waiver of the conflict of interest prohibition, contained in COE
83-53 of the Commission of Ethics of the State of Florida, in
order to allow Mr. Emilio Lopez to continue to serve on the
City-wide Community Development Advisory Board. This action is
required because Mr. Emilio Lopez is Director of Borinquen
Health Care Center, Inc., an agency that receives Community
Development Block Grant funds.
In order to allow Mr. Emilio Lopez to continue to serve on the
City-wide Community Development Advisory Board, a waiver of the
conflict of interest prohibition in COE 83-53 of the Commission
of Ethics of the State of Florida must be granted by the City
Commissin. All interested persons are invited to appear, and
may be heard in connection with this item.
City Seal Walter J. Foeman
City Clerk
City of Miami, Florida