Ordinance 2010-349 - Laserfiche WebLink

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,- MEMORANDUM TO: FROM: RE: DATE: Commission on Ethics and Public Trust Victoria Frigo, Staff Attorney RQO 10-19, Keith Poliakoff, representing Robert C. Solera July 20,2010 I. ISSUE Robert C. Solera, former Director of the Community Development Department (Planning and Zoning Department) of the City of Sunny Isles Beach, asks if the "two-year rule" I prevents him from providing testimony in a publicly noticed quasi-judicial zoning appeal hearing in Sunny Isles Beach within seven months of his departure from city employment. Sometimes referred to as the "revolving door," the intent of the law is to deter fonner government officials and employees from exercising undo influence on behalf of themselves or others as a result of their recent ties to government. II. BACKGROUND Temple B'Nai Zion in Sunny Isles Beach is appealing a zoning decision made by the City Zoning Board. Keith Poliakoff, the attorney representing the Temple, wishes to call Robert Solera as a witness to give testimony at the quasi-judicial appeal hearing. Mr. Solera will not be compensated for his testimony and, to our knowledge, is not association with Temple B'Nai Zion. Mr. Solera separated from the city seven months ago. He served as Director of the Community Development Department, which is, in effect, the Planning and Zoning Department of the City of Sunny Isles Beach III. LEGAL ANALYSIS Miami-Dade County Code The County Code at Sec. 2-11.1 (q) states that city employees may not lobby their respective municipalities for two years following city employment- ... with regard to any zoning or land use issue, any [municipal] officer, departmental personnel or employee in connection with any judicial or other proceeding, application, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which [the municipality] or one (1) of its agencies or instrumentalities is a party or has any interest whatever, whether direct or indirect. (Emphasis added.) Clearly, the code seeks to prevent former city employees from attempting to influence (i.e., lobby) city personnel. However, the language does not address the fact pattern before us- I The two-year rule, at Sec. 2-11.1 (q) of the County Ethics Code, prohibits former local government employees from lobbying their respective governments for two years following their departure from government employment.