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Home My WebLink AboutR-89-09311 J-89-864 9/8/89 RESOLUTION NO. 89-931 A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE ON THE MIAMI WATERFRONT ADVISORY BOARD, FOR THE REMAINDER OF A TERM OF OFFICE EXPIRING SEPTEMBER 8, 1991. WHEREAS, Ordinanoe No. 10459 created the Miami Waterfront Advisory Board; and WHEREAS, oertain categories of terms were created with said terms expiring at different times; and WHEREAS, pursuant to Section 2.b. of Ordinance No. 10469, any vaoanoy 000urring during such a term shall be filled for the remainder of the term in the same manner as the original appointment, and WHEREAS, on Ootober 6, 1988, Monty Trainer was appointed, pursuant to nomination by then Commissioner Rosario Kennedy, Commissioner Group IV, to serve a term expiring September 8, 1991; and WHEREAS, the City Attorney has determined that Monty Trainer is now disqualified from serving as a member of the Waterfront Advisory Board thereby oreating a vacancy on said Board; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The following individual is hereby appointed as a member of the Miami Waterfront Advisory Board to serve the remainder of a term of office expiring September 8, 1991, or until a suooessor is appointed: NAME: Dova Cauthen ADDRESS: __671 N.E. 77th Street _ Miami, Florida (Nominated by Commissioner Range) (Commissioner, Group IV) CITY COMMISSION MEETING OF PASSED AND ADOPTED this 12th day of October 1989. XAVIER L. S.AR�EZLYOR ATT MAT7Y HIRAT CITY CLERK PREPAD AND APPROVED BY: CliRiSk6liAR F. KURTZ ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: D JOR&E L. bFERNN EZ CITY ATTORNEY CFK/db/MI178 CITY..OF MIAMI, FLORIDA 'OFFICE MEMORANDUM L TO Cesar H. Odio City Manager DATE : September 18, 1989 FILE : SUBJECT: Agenda Item for City Commission Meeting on October 12, 1989 FROM: M. Athalie Range REFERENCES: Commissioner ENCLOSURES: Please include on the Agenda for the City Commission on October 12, 1989 the attached Resolution pertaining to an appointment to fill a vacancy on the City of Miami Waterfront Advisory Board. Thank you in advance for your attention to this request. 25 4 f 11 ' CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM`" ^cn TO: Honorable M. Athalie Range DATE: September 8, 1989 FILE: City Commissioner FROM : SUBJECT : Waterfront Board Appointment REFERENCES : ENCLOSURES: Please be advised that pursuant to the attached memorandum to the file, a vacancy exists 'on the City of Miami Waterfront Advisory Board. Since the former incumbent was nominated by your predecessor in Commission Group IV, you may nominate an individual to fill this vacancy for the remainder of a term which expires September 8, 1991. Since the Commission meeting of September 28, 1989, is restricted to planning and zoning items, and emergencies, the Chairman of the Waterfront Advisory Board has requested that the attached resolution be placed on the Agenda for the' October 12, 1969, regular City Commission meeting for its consideration. JLF/CFR/db/M301 Attachment cc: Honorable Mayor Xavier L. Suarez Honorable Vice Mayor Victor De Yurre Honorable Commissioner Miller J. Dawkins Honorable Commissioner J.L. Plummer John A. Brennan, Chairman Waterfront Advisory Board Cesar H. Od' na er A r Ruder, Director Parks, Recreation and Public Facilities Dept. Matty Hirai, City Clerk S The File Jorge L. Fernandez City Attornej "'ANIV z--'R[0A 0 ITER•OFFICZE' MEMORANDUM June 28,1. 1989 '=`- A-89-319 Effect of Felony Conviction on Membership Service on City Authority, Board, Committee or Other Commission In reference to the above subject, t have orepared the following: ' Mr. ,Monty Trainer serves on the Miami Sports and Exhibition Authority, the Miami Waterfront Advisory Board and the Miami River Coordinating Committee. On or about June 19, 1989, Mr. Trainer pled guilty and was convicted of a felony (i.e., violation of Federal Statute 26 USC 7206(1)). The following authorities were reviewed with regard to qualifications of appointees: City of Miami Code 552.6 (Miami Sports and Exhibition Authority); City of Miami Ordinance 10459 (6/9/88); (Miami Waterfront Advisory Board); Chapter 112, Fla. Stat. Public Officer and Employee General Provisions; and Dade County Code §2-11.1 Conflict of. Interest and Code of Ethics Ordinance and §2-11.3 Automatic Suspension of County Official Charged with Commission of a Felony. (Note: we have not reviewed nor are we aware of any current legislation or enabling ordinance* concerning the Miami River Coordinating Committee.) City of :4iami Code §52.6 Miami Sports Authority provides 3t 952.6-3(b) Qualifications: (b).Qualifications. Each.member of the authority shall be a duly qualified elector of Dade County and shall be' of outstanding reputation for integrity, responsi- bility and commitment to serving : the community. pity :f :4iami )rdinance 10459 (6/9/88), Advisory Board, provides at Section f : 0 The File June 28, 1989 Page 2 f. Members shall reside in the City, maintain a place of business or office in the City or own real property in the City at the time of their appointment. Neither 552.6, City Code, City Ordinance 10459 nor Chapter 112, Fla. St at. provides any guidance with regard :o the facts as presented. Dade County Code §2-11.3 does provide guidance when properly read together with Dade County Code §2-11.1 (both sections are attached hereto in their entirety). Section 2-11.1_provides in relevant portion as follows: Section 2-11.1. Conflict of Interest and Code of Ethics Ordinance. (a) References in the section to county. personnel shall therefor be applicable to municipal personnel who serve -in comparable capacities to the county personnel referred to. (b) Definitions. For the purposes of thissection the following definitions shall be effective: (2) The term "autonomous personnel shall refer to the members of the metropolitan transit authority and, such_,other semi- autonomous authorities, q_ards, and agencies as ate ent�"" tasted with the day to day policy setting, operation and management of certain defined county functions or areas „T , 0 The File June 28, 1989 Page 3 of responsibility, even though the ultimate responsibility for such functions or areas rests with the board of county commissioners. (4) The term "advisory personnel" shall refer to the members of those county advisory boards and agencies whose sole or primary resonsibility is to recommend legislation or give advice to the board of county commissioners. Section 2-11.3 provides in relevant portion as follows: Section 2-11.3. Automatic suspension of county official charged with commission of a felony. Whenever any person serving as an appointive official of the government . . . has been charged with committing a felony under the laws of the State of Florida or the United States by indictment or information, such person shall be immediately suspended from office . . In the event such, person is .� convicted of the charges, he shall be disqualified from holding any office or position under the county government. . . . Dade County Code 52-11.3 clearly provides for automatic suspension when the individual in question is charged with the commission of a felony under the laws of the State of Florida or the United States. Upon conviction of felony charges, the individual is disqualified from serving or holding any appointed position within city government until legislatively or judicially determined otherwise. JLf:AV:bf:P77b attachments _ _