Loading...
HomeMy WebLinkAboutMemo ArriolaCITY OF MIAMI OFFICE OF THE CITY ATTORNEY' MEMORANDUM TO: Joe Arriola, City 1Vnager FROM: Jorge L. Fernand ty •tcorfreY DATE: March 22, 2006 RE: Definition of Controding Interest You have requested an analysis of Section 2-11.1 of the Code of Miami —Dade County' (County Code) related to whether the definition of "controlling financial interest" contained in the County Code section is applicable to Section 2-615 of the Code of the City of Miami2 (City Code) to determine what is meant by a different term, "controlling interest," in the City Code section. Because the plain language of the County Code section states that the definitions shall be effective for the purposes of the County Code section (emphasis added), and because of the absence of the word "financial" in the City Code section, the definition is not applicable to the City Code. The section of the County Code defining the term "controlling financial interest" relates to the Miami -Dade County's Conflict of Interest and Code of Ethics ordinance. The entirety of that ordinance sets forth disclosure requirements for doing business with and lobbying governmental entities. The provisions for doing business with and lobbying governmental entities are applicable to county officials and to municipal officials but the definitions in the section are stated to be applicable only to the particular section of the County Code. The definitions cannot be deemed applicable to other section of the County Code or to sections of a municipal code or state statute. In addition, no element of the County Code provisions regarding conflict of interest and code of ethics refers in any way to real estate ownership disclosure provisions. The City Code contains a provision unique to itself related to required listing of real estate owned by certain city officials. In the City Code section, the term "controlling interest" is not defined, therefore the meaning of the term "controlling interest" requires that it be defined as commonly understood.' In order to establish whether a city official who owns corporate real estate has a "controlling interest" of that real estate, it is necessary for that official to review the totality of circumstances of the ownership to determine if the ownership share of the city official who is disclosing gives that official enough quantity and quality of ownership to allow for control. PIease advise me if you require further explanation. cc: Mayor and Members of the City Commission Priscilla A. Thompson, City Clerk ' Sec. 2-11.1. of the Miami -Dade County Code Conflict of Interest and Code of Ethics Ordinance. (a) Designation. This section shall be designated and known as the "Miami -Dade County Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all County personnel as defined herein, and shall also constitute a minimum standard of ethical conduct and behavior for all municipal officials and officers, autonomous personnel, quasi-judicial personnel, advisory personnel, departmental personnel and employees of municipalities in the County insofar as their individual relationships with their own municipal governments are concerned. 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. (Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73- 27, § 1, 3-20-73) (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "Commissioners" shall refer to the Mayor and the members of the Board of County Commissioners as duly constituted from time to time. (2) The term "autonomous personnel" shall refer to the members of semi -autonomous authorities, boards, and agencies as are entrusted with the day to day policy setting, operation and management of certain defined County functions or areas of responsibility, even though the ultimate responsibility for such functions or areas rests with the Board of County Commissioners. (3) The term "quasi-judicial personnel" shall refer to the members of the Community Zoning Appeals Board and such other boards and agencies of the County as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those County advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the Board of County Commissioners. (5) The term "departmental personnel" shall refer to the Manager, his department heads, the County Attorney and all Assistant County Attorneys. (6) The term "employees" shall refer to all other salaried personnel employed by the County. (7) The term "compensation" shall refer to any money, gift, favor, thing or value or financial benefit conferred in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or more in a firm, partnership, or other business entity.-+ (9) The term "immediate family" shall refer to the spouse, parents and children of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the County of specific goods or services for a consideration. (Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73-23, § 1, 3-20-73; Ord. No. 86-24, § 3, 4- 1-86) (11) The term "Ethics Commission" shall refer to the Miami -Dade County Commission on Ethics and Public Trust. 2 Section 2-615 of the Code of the City of Miami List of real estate owned — Required by Certain officials (Certain Officials) shall, within 30 days from the effective date of sections 2-615 through 2-617 [June 1, 1967], submit to the city clerk a complete itemized list of all real property owned by him, whether the title be either legal or equitable, whether owned in whole or in part, including corporate real property in which he has a controlling interest or is an officer of such corporation, and shall include the following information as to each parcel of land: (1) The legal description and common address; (2) The municipal or county zoning classification wherein the property is located; (3) The manner in which the property is presently being utilized. 3 Definition (Encarta) Controlling Interest noun: ownership allowing control: ownership of enough of a company's stock to allow the holder to control the business SU8MITTED INTO THE PUBLIC RECORD FOR IFh4 oy,30N 3a.ot.