Laserfiche WebLink
<br /> <br />TO: <br /> <br />FROM: <br /> <br />DATE: <br /> <br />RE: <br /> <br />City of Sunny Isles Beach <br />18070 Collins Avenue, Suite 250 <br />Sunny Isles Beach, Florida 33160 <br /> <br />(305) 947-0606 City Hall <br />(305) 949-3113 Fax <br />(305) 947-2150 Building Department <br />(305) 947-5107 Fax <br /> <br />City Commission <br />Norman S. EdeIcup, Mayor <br />Lewis Thaler, Vice Mayor <br />Roslyn Brezin, Commissioner <br />Gerry Goodman, Commissioner <br />George "Bud" Scholl, Commissioner <br /> <br />Rick Conner, City Manager <br />Hans Ottinot, City Attorney <br />Jane A. Hines, CMC, City Clerk <br /> <br />MEMORANDUM <br /> <br />Honorable Mayor and City c07\~ <br /> <br />Hans Ottinot, City Attorney ~ <br />July 27,2010 <br /> <br />Review of County Ethics Commission Opinions - Two Year Post Employment <br />Restriction <br /> <br />Attached please find a summary of every written opinion issued by the Miami Dade County <br />Ethics Commission ("Ethics Commission") regarding the County's two year post employment <br />restriction. Significantly, there are twenty eight (28) written opinions regarding the County's <br />two year post employment restriction, spanning a period of twelve years, <br /> <br />As more fully discussed below, the Ethics Commission has broadly construed the County's two <br />year restriction on post employment activity, throughout its twelve year written history on this <br />subject. Significantly, the Ethics Commission has never created an exception to the two year <br />rule for fact witnesses in quasi judicial hearings, <br /> <br />The recent decision rendered in RQO 10-19, dated July 20, 2010, directly conflicts with the <br />County's previous twenty eight opinions regarding the two year post employment restriction. <br />More disturbing, this opinion creates an exception to the two year rule to allow fact witnesses to <br />testify in quasi judicial hearings, even though this exception is not found in the County's <br />Conflict of Interest and Code of Ethics Ordinance. <br /> <br />The following is a summary of every written OpInIOn issued by the Ethics Commission <br />concerning the two year rule: <br /> <br />09-36 October L 2009 <br /> <br />In Request for Advisory Opinion ("RQO") 09-36 the Ethics Commission issued an OpInIOn <br />regarding the restrictions imposed by Section 2-11.1 (q) (two year rule) on the use of a former <br />employee as a consultant on an ongoing project involving a new airport terminal facility. The <br />Ethics Commission ruled that the two year restriction on post employment activity, set forth in <br />Section 2-11.1 (q), permitted the consultant to provide management and oversight on the project <br />