HomeMy WebLinkAboutR-95-0862J-95-98b
11/15/95
RESOLUTION NO. 95 862
A RESOLUTION WAIVING BY 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 ANGEL GONZALEZ, WHO
SERVES ON THE CITY'S CITYWIDE'. COMMUNITY
DEVELOPMENT ADVISORY BOARD, IN RELATION TO HIS
EMPLOYMENT WITH THE ECONOMIC DEVELOPMENT AGENCY
ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, 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, Angel Gonzalez is currently serving as a member of
the Citywide Community Development Advisory Board of the City of
Miami, and is an employee of the economic development agency,
Allapattah Business Development Authority; and
WHEREAS, Angel Gonzalez 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, Angel Gonzalez wishes to continue to serve on the
Citywide Community Development Advisory Board, and retain his
employment with Allapattah Business Development Authority, Inc.,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1.
The recitals and findings contained in the
CITY COMMISSION
MEETING OF
0 E C C 7 1995
Resolution No.
-95- 862
hereby adopted by reference
if fully set forth in this
i Section 2. The waiver set forth in Section 3 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 Angel Gonzalez 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
an employee of Allapattah Business Development Authority,
an economic development 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
i
Florida Commission on Ethics is hereby waived by a 4/5ths
affirmative vote of the City Commission, after a duly advertised
public hearing.
i
1 Section 4. This Resolution shall become effective immediately
upon its adoption.
95 862
I
A. Q JO S III
CITY rTORry
95- 862
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x
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
21
To Honorable Mayor and Members DATE : NOV 2 8 1°95 FILE
of the City Commission
December 14, 1995
SUBJECT : City Commission Public
Hearing - Waiver of Con-
flict of Interest for
FROM : REFERENCES: Member of the City-wide
Cesa dio Advisory Board
City ger 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 Angel Gonzalez
Background:
Mr. Angel Gonzalez is currently serving as a member of the City-wide
Community Development Advisory Board. Mr. Gonzalez 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. Gonzalez is an employee of Allapattah Business
Development Authority which is an economic development 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 4/5ths vote of the
City Commission. Mr. Gonzalez has requested a public hearing on the
matter, since he wishes to continue to serve on the Community
Development Advisory Board.
95- 862
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Walter J. Foeman October 20, 1995
TO City Clerk DATE FILE
i SU�E�T of Public Hearing
I
FROM : C REFERENCES
France Castaneda, Director
Office of NET ENCLOSURES
I
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. Angel Gonzalez 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 December '`],4,F„ 5; the time
should be set by the Agenda Office.
FC:mb
Approved:
lvi Gallastegui
Agenda Coordinator
95- 862 3
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 December 14,
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. Angel Gonzalez to continue to serve on the
City-wide Community Development Advisory Board. This action is
required because Mr. Angel Gonzalez is an employee of Allapattah
Business Developmet Authority, an agency that receives Community
Development Block Grant funds.
In order to allow Mr. Angel Gonzalez 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