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Ordinance 2010-349
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Ordinance 2010-349
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9/30/2010 12:24:12 PM
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9/30/2010 12:23:29 PM
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CityClerk-Ordinances
Ordinance Number
2010-349
Date (mm/dd/yyyy)
09/10/2010
Description
Amd Chap. 33, Post Employment Restrictions under the City’s Ethics Code
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<br />because the BP attorney's client relationship with the nonprofit group did not fall within one of <br />the three specific exemptions found in Section 2-11.1(q)(2) (two year rule). <br /> <br />The Ethics Commission specifically stated that the only three permissible exemptions included <br />1) former employees who become employed by government entities, 2) former employees who <br />become employed by 501 (c )(3) non profit entities or educational institutions or 3) former <br />employees who lobby on behalf of such entities in their official capacities. The Ethics <br />Commission reasoned that since the BP attorney did not fall within one of these specifically <br />enumerated exemptions to the two year rule, he was therefore prohibited from lobbying the City <br />of Miami Beach. <br /> <br />08-17 April 25, 2008 <br /> <br />In RQO 08-17, the Ethics Commission opined whether a former Assistant County Manager may <br />serve as principal in charge of a design contract for the construction of a new fleet shop and <br />maintenance facility for the County, The Ethics Commission found that the former County <br />official could serve as principal in charge of the project, provided he did not engage in any <br />prohibited lobbying activity with the County on behalf of a third party. The Ethics Commission <br />found that the restrictions contained in Section 2-11.1 (q) (two year rule) "broadly defines <br />lobbying as seeking to influence county staff, the County Manager or any member of the <br />Board of County Commissioners during the entire decision making period of any <br />legislative action, decision or action that may foreseeably come before the Board of County <br />Commissioners or any County board," (emphasis added), <br /> <br />06-54 September 28,2006 <br /> <br />In RQO 06-54, the Ethics Commission whether Section 2-11.1 (q) (two year rule) barred a <br />government affairs consultant with the Public Health Trust from serving as a sub-consultant to a <br />law firm under a Request for Proposal ("RFP") issued by the Public Health Trust. The Ethics <br />Commission ruled that the government affairs consultant would be permitted to serve as a <br />member of the lobbying team for the Public Health Trust because Section 2-11.1(q) only <br />prohibited former employees from lobbying the County for two years following employment. <br />However, the Ethics Commission specifically noted that the government affairs consultant could <br />"not make any presentations before the selection committee or lobby any Trust employees <br />regarding the subject RFP because such activities would fall under the prohibitions contained in <br />Section 2-11.1 (q)." <br /> <br />06-32 May 1. 2006 <br /> <br />In RQO 06-32, the Ethics Commission opined whether former County Commissioners may enter <br />into contractual relationships during their two year post employment period with entities that <br />benefitted financially from decisions made while the former County Commissioner were in <br />office. The Ethics Commission ruled that the former County Commissioner could enter into <br />contractual relationships with entities that benefitted from decisions they made while in office, <br />provided the contractual relationships with said entities were not discussed or contemplated <br />during the decision making process. The opinion specifically noted that the two year post <br />
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