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HomeMy WebLinkAboutSubmittal-Commissioner Suarez-E-mailUorente, Mike From: Contohno.Joseph (COE)[CENTDRI@mianidade.gcv] Sent: Tuesday, February D5.2D132:47PK8 To: L|nran0a, Mike Cc: Suarez, Francis (Commissioner) Subject: RE: INQ - City of Miami Commissioner Francis Suarez - Voting Conflict Question Commissioner Suarez: As a follow-up your recent inquiry in which you were advised that you need not recuse yourself from voting on retention of outside counsel for the defense of Mayor Tomas Regalado in a pending lawsuit initiated by a fellow city commissioner, you have inquired whether you have a voting conflict on an upcoming vote to advance the Mayor's legal fees incurred inconnection with the lawsuit. Your inquiry has been made inlight of the fact that you will beopposing Mayor Rega|adointhe upcoming City ofMiami Mayoral election Again, since you donot have aprohibited relationship with anyone who is the subject ofthe upcoming vote, nor doyou seem likely toprofit orbeenhanced bvthe vote under the circumstances that you have related, you would not be required torecuseyourself from the vote pursuant to the provisions of Section 2-11.1(d) of the Miami -Dade County [ode. However, given the possible financial impact of this vote on a political opponent, some consideration should also begiven towhether your voting onthis matter could result in an Exploitation of Official Position under Section 2'11.1(g) of the Ethics Code. In the event that it were known that your political opponent was self-financing his political campaign, and you were to be in a position in voting on a matter to impose a financial burden on your opponent that would directly affect the campaign, your voting on such a matter could, under some circumstances be considered an exploitation ofoffice. However, in the known circumstances of this matter, the Mayor himself is unlikely to beself- financing anysignificantportionofamaynm|campaign' and islikely, asthe incumbent, tobeable toraise sufficient funds from political contributions to run a competitive campaign. It appears unlikely that a personal financial obligation imposed onMayor ReAa|ado' if such were to occur as a result of a vote taken by you, would have a measurable impact onthe campaign and create the type of personal benefit that would indicate a conflict of interest on your part. Accordingly, I am of the opinion that you do not have a prohibited conflict of interest that would prevent your voting on the issue of advancing funds for payment of the Mayor's legal expenses. As indicated in my prior opinion, this opinion only covers the minimum requirements of the Miami -Dade Conflict of Interest and Code of Ethics. Any issue creates an appearance of impropriety, or results in a subjective inability on the part of a public official todischarge his orher duties fairly and independently, would require further consideration on the part of the official that is outside the scope of this Please do not hesitate to call me should you have any questions about this or require further clarification. Joseph K4.[entohno Executive Director and General Counsel Miarn�DadeCommission onEthics and Public Trust From: Uomnde, Mike [maUto:nm|lorente@mnkynmigov.conm Sent: Friday, January 25,2O133:41 PM To: Centorino, Joseph (COE) /�' <� L�,17�.��/ Cc: Suarez, Francis (Comm Subject: RE: lNQ - City of Miami Commissioner Francis Suarez - Voting Conflict Question Mr. Centorino, xayou know, the Miami City Commission recently selected an attorney to advise the Commission on legal issues arising in connection with the lawsuit filed by Commissioner Spence -Jones against Mayor Regalado. Based onyour detailed opinion below, Commissioner Suarez was cleared to participate in that vote. OnFebruary ]4,2013.the City Commission will likely vote on whether to advance the Mayor's legal fees and costs incurred inconnection with the lawsuit. Can you please confirm whether, based nnthe logic nfyour opinion below, Commissioner Suarez has any conflict that would prohibit him from participating in that vote? Thank you, once again, for your time and consideration. h4ichaw|Llorente Chief -of -Staff Commissioner Francis Suarez 3SDDPan American Drive Miami, FL331]] Tel: 305-250'5423 Fax 305'856-5230 mUoremte@miamigom.cnm From. Suarez, Francis (Commissioner) Sent: Thursday, January 34,201]1U:12AM To: Centohno,Joseph (COE) Cc: L|onynte, Mike Subject: Re: INQ - City of Miami Commissioner Francis Suarez - Voting Conflict Question Thank you for taking mycall anfor issuing the opinion onsuch short notice. It isvery much appreciated. Francis Sent from nnyiPhone OnJan 24,2O13,at9:S1AM, "[entohno,Joseph (OJE)"<[ENTOR|@amianmidade.gov»wrote: Commissioner Suarez: You have inquired regarding whether you would have a voting conflict in an upcoming vote of the Miami City Commission on the hiring of outside counsel to represent Mayor Tomas Regalado, who is a defendant inapending law suit. The law suit has been filed byyour fellow Commissioner, Michelle Spence -Jones. You have made this inquiry in light of the fact that you have declared your candidacy for Mayor of Miami and will be opposing Mayor Regalado in the upcoming City of Miami mayoral election. 2 Submitted into the public record inconnection with items D1.3on 02'14'13 Todd 8.Hannon It isnmyunderstanding that you have nopersonal orbusiness interest inthis issue. You are not involved inthe law suit. You will not be voting on whether to retain any law firm with which you have a personal, family orbusiness interest. The basis for any possible conflict atthis stage concerns your status asa political opponent ofthe Mayor. Under these circumstances, you donot have any ofthe relationships with any of the parties to this vote that would create a prohibited relationship under Section 2-11.1 (d) ofthe Miami -Dade County Conflict ofInterest and Code ofEthics Ordinance that would require your nccuxm|from the vote. There is no indication that you might personally, directly or indirectly, profit or beenhanced bythe decision that istobemade bvthe Commission. Political odversariness,bvitself, does not create such aconflict. Therefore, |amadvising you that you donot have alegal conflict pursuant to the Miami -Dade Conflict of Interest Ordinance that would require your recusa|from this matter. However, the Code provides only a minimum standard of ethics. Any consideration mfwhether you would be able to befair and objective in making this decision, or the consideration of any appearance of impropriety arising out of your involvement inthis issue, rests solely inyour'udQennentand discretion. if you should have any further questions about this matter, please feel free to call me. .xos"y"°~~'~~ ~~"-"~~=" °n° Executive Director and General Counsel Miami -Dade Conuooimmioo on Ethics and Public Trust 19W. l7loglez01reet' Soib:82O Miami, IrL33l3O Tel: (3O5)579-2594 Fax: (3O5)579-O273 <i Ol.pog> Submitted into the public record inconnection with items DL3mn 02-14-13 Todd 0'Hannon