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HomeMy WebLinkAboutCC 1991-05-23 Discussion ItemL ejtV OK MIAMI, FLORIDA AOL REFEAENCES: pity AttOr�eY ENc►.osu�t¢s: � _ F k As you requested, this memorandum will oonfirm our advice y city pre viousl stated on the record that members of the Ci Commission may only cast their votes on any item considered by them at the time the roll call is being taken. i' to No member may vote before the roll call; although, if member of the Commission has to leave the tong theior reo rd 'to roll call, such member could make a state the effect that "if S were able to itemremaia fThe legal or the leffect �Of would be voting (for)(against) this such a statement is nil and he statement hould reflect the member i oid of any operative effect and the roll call as being absent. f Please note also that any member of the Commission can vote on any item despite the fact that such member may not be is his -l' or her seat at the time the roll call is being taken. So long as the member is within your earshot; i.e., within the range of your, ' hearing , his or her vote should be recorded. To assist you , are sending a copy hereof to the Mayor and each Commissioner with the suggestion that an audible response be given by each of t:►em ( to you at the time you address the member in the order of taking the vote In the absence of such audible response, you should 0 vote as you have interpreted his or record the member'of head, "thumbs up ' her j gesture (nodding ", etc.) and announce 4 "Commssioner = In this manner, votes (yes)(no)" there will be a minimum possibility of error or mistake' a the taking of any roll call vote and there will also be substantial oomplianoe with the requirements of law. j LAD:RFC:bss:P388 co: Mayor Xavier L. Suarez '! s Vice -Mayor J. L. Plummer, Jr. Commissioner Joe Carolio Commissioner Miller J. Dawkins Commissioner Rosario Kennedy r xy p^ b` _. 1 r• ' _~ F~R11A 8~ Al1EM ANbt~M O ~ 11'~TiN~i ~-~N~1.~~'~ ~~~ ~N~'Y~ ~~NII~i~L /~N~ ~~~ L~R ~O/~L ~~~~~~ ~~~I~E LAR MAMEY•Flatt NAMk++~Mlt>~lk NAME NAME Of acr-aq COUNCIL. ~1DAAMItS10N, AUTHORITY, Oa COMMITTEE _ _.. .Suare~.. Xavier ~, _. City of Niiam' Commission .. YAILIMK: ~1trpRE>;S TMk at1ARq COUNCIL C~OMMI>;SION. AUTIIOItITY, OR COMMITTEE ON retllc~+ I t~RVk is A tJNt1 ~: 3 5 0 0 ~ ~ n_, _Am a ~' i C a n b r i_v~ a _ }{t7 t r : ~ rrltlw"tr ~ ! trrittsR the AI Atita~K:v _ _ _ _. _. __ _ _ clrs cvu-rTr NAM! OI' t"Ot.ITKAL WaO1~It10N: Miami bade Mayor _ . l#~?E O* M'MICN ~R11'! f1tY'lJlltEV _ _ _ _ _ _ -... wY wslTaN a: • ~ttt.ttt'twE At~O1MrIVtE Ma• 23 1991 i vrl+o Nun FlLt FolM w This corers is for uae by any person servin3 at the county, dry, or other local keel of Soverttntatt on an appointed or elected board council, commission, authority, or committer. h applies egwlly to members of advisory and non•advisory bodice who are presented - vrith a votins tontlin of interest under Stctiwn 112.31e3, Florida Sutures. The ttsquircmenu of this 4w• are mandatory; although the use of this panicular form is not required by IaN•, you are encourased to use it in makins the disclosure required by law. Your responsibilities under the yM when faced with a masurc in which you have a contlia otinterest will vary ireatly deptndins on v-~helher you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before compleins the res~etse tide and films the form. MiSTR~CTIONt FOR COM'UANCE WITH iECT10N 4~Z.~143, FLORIDA >tiTATUTEt ELECTED OFFICERS: = A peraon holdinY electi~r county, muni~~pal, or other local public office MUST ABSTAIN from votins on a measure v-•hich inures to his spr.ial prisate lain. Each local officer also is prohibited from know•insly votins on a measure which inures to the special = lain of a principal (other than a sotiYrnment asency) by whom he is raained. !n either case; gnu should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly statins to the assembly the nrlturc of your interest in the measure on which you arc abstainins from votins; and - M'ITHIN IS DAPS AFTER THE VOTE OCCURS by complains and films this form with the petwn responsible-tor recordins the minutes of the meetins, who should incorporate the form in the minutes. APPOI~'TED OFFICERS: A person holdins appointive county, municipal, or other loal I+ublic office MUST A6S'TAIN from vtxins on a measure vrhich bsures to his special private fain. Each bcal officer also is prohibited from knowinsly votins on a measure which inures to the- special lain of a prinripal (other than a Sovernment ajency) by whom be is retained. A person holdins an appointive fbgl office otherwise ttaay panicipatc in a matter in which he has a conflict of interest, but must disclose the nature of the conAia before makins any attempt to influence the decision by oral or written comt>lunication, v-hether made by' the officer or at Ais direction. lF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE. MEETING. AT V-'HICH THE VOTE WILL sE TAKEN: • You should complete and tk this form lbeforc makins any atte'rrtpt to influence the decision) with the. person respp~lsble-for recordins the minutes of the rneetins, who will incorporate the 3orm in the minutes.- • A copy of the. form should be pro+•ided ialtntdistely to the other members of the aiency. • The form should be read publicly at the meetins prior to consideration of the matter in which you have a confln of interest. {__ t ~ r ~~ YC-1J M~1~~ ~- A"~Ml~' ~! 11~~`l.U~irC'~ ~~ ~~GI~ibN ~~t~Ei~"f' ~Y D~1+.11iEfN /-'t ~ iN~~~`iiV4~t - ~ Ybu >ZhouW tl~io~ orally the t~utrurf of (lour etrt~hin in the ate~ure befer+e pttttidptititt~. ; _ ibis i`t~r ttliitt the tntnut~s i you tth+~u~! to the ft ltroi tilt isi wbbin Il- ~lay~ after the ~-ote ta:rttrt r~-ith tlrt rr~b> ~f tht ~eetlrt~, echo tthoul~ itt~rpa-rttte the torttt In the tninwts. _ _.. _ _ p1~ClO~tl~ OMB Ls~CAl t~itiirER'i ~fERl~T ,, . 19 ~ ....: ,.. t.. _ 5 L a ±- QL • ~1lr~llf'Y ~isclost thal on ~...~.~.. W....M ~Y 2 3 ~ ,r;~„r . ;:, 1. ~,,,. - - -- - - - -- -- - ~- A ttaeasure came or will Dome before my atency which (t:heck onr~ urcd to my tpecial Private fain; or • / ~~ ~ by whom 1 •m retained. ,~._, inured to the jPetial fain of (b- The measure before tmy aaenry and the nature of my interest in the tnea:ure is as topows: ~ _. ~= 1 1 , '1 ~~ REFERENCES :City A t t o r n e y FROM : MA~~`Y HIkAt Meme,randt~m datad Junta ~. : ,.. City , CieYk ENCLOSURES :, 1 9 8 ~ ry ~ ~ ~ ,, , - ; At the Coniiniasio~i meeting of May 23, 1991, you were abse~-t during ith cable roll call on a no'n-agenda item` in connection w equested that u i r ng, yo television. .Upon ,your return to the meet tion c~n the above-Oited iteht. I shod, you as voting with the mo s in all other similar situations, that o ' ~ w, a sh The record wi11 ou were`absent during roll call, you requested of the although ~- ~= . Clerk .to be` shown voting with the motion. TCin~11y Confirm. Upon. receipt- of ':your. confirmation, we will proceed. to affix the follows: a ~. . s appropriate agenda notation reflecting ypur request, "ALTHOUGH ABSENT DURING ROLL CALL,. ' COMISSIONER DAWK-INS REQUESTED OF Tt~E CLERK TO ~ ~ " - BE SHOWN 'AS VOTING YES'~ON fiHE MOTTON. ~ Kindly acknowledge -in the space provided hereinbe oar by signing. , . _ - _ r - --- ------ --- DATE : --- ----- ~ ACKNOWLEDGED : /~_~ ------- - -- - _ - _ - +s~ ins ~'? " Commissioner Miller Dawk =~ ~ ~ ~, ~ : ..c . ~ , ~ ~~-~ ti~ rn MH:s1 ~ i ENC ; a~ s ~~ ~"`" IV ~ . ,;.* f V `. _`~ N 0524/91 _ -, To: Matty°Hirai _ -, ; City Clerk _ ~' From: Miller J. Dawkin~~ ~'' Please let the record reflect that I was absent,:: do-.not change - the. vote. ;,~ - - ~ _ _ ~. _ ,_ _ ,