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<br />2) COMMISSION ON ETHICS AND PUBLIC TRUST ENABLING ORDINANCE <br /> <br />Pursuant to the approval of the voters to amend the Miami-Dade County Home Rule <br />Charter in 1996 to create an independent countywide ethics commission with advisory <br />and quasi-judicial powers, the Board of County Commissioners enacted legislation to <br />enable the Ethics Commission to exercise all the powers contained therein. On several <br />occasions, the County Commission has reviewed the ordinance and strengthened it to <br />facilitate the work of the Ethics Commission. The Task Force recommends further <br />changes should be adopted as follows, <br /> <br />1. Investieations bv the Advocate <br />Section 2-1074(a)(I) <br /> <br />Recommendation: The Advocate shall have the authority to initiate and <br />undertake investigations of any matter under the jurisdiction of the <br />Ethics Commission regardless of whether a complaint has been filed. <br /> <br />Rationale: The current requirement that the Advocate, Inspector General or <br />State Attorney file a complaint before conducting an investigation is simply <br />illogical. In effect, this means that investigations should be undertaken only <br />after formal complaints are filed with the Ethics Commission. Such an <br />approach to enforcement of the ethics ordinance defies logic and is neither <br />rational nor practical and must be changed, Moreover, this revision will <br />afford greater protection to an individual under investigation and creates less <br />of a stigma. <br /> <br />2. Hearine Examiners <br />Section 2-1074(b) <br /> <br />Recommendation: The Ethics Commission may conduct the Probable <br />Cause determination or refer the determination to a hearing examiner. <br />In the event of a referral, the hearing examiner shall preside over the <br />proceeding, closed to the public, and issue the Probable Cause <br />determination. <br /> <br />Once probable cause is found, the initial public hearing will be heard by <br />an appointed hearing examiner. The Ethics Commission shall convene a <br />second public hearing to review the recommended order of the hearing <br />examiner and give the parties a limited opportunity to present arguments <br />supporting or opposing the recommendation of the hearing examiner. <br /> <br />14 <br />