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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 />employment restriction found in Section 2-11.1(q) has been interpreted "broadly to include <br />written communications as well as appearances and meetings with staff and county boards and <br />entities." <br /> <br />04-205 December 16. 2004 <br /> <br />In RQO 04-205, the Ethics Commission opined whether an employee of the Miami Dade <br />Housing Agency ("MDHA") could leave County employment and become Executive Director of <br />the Miami Dade Development Corporation ("MDDC"), The Ethics Commission ruled that this <br />change of employment was permissible because MDDC is a governmental entity and, as such, <br />falls within one of the three specifically enumerated exemptions found in Section 2-11.1(q)(2), <br /> <br />04-201 December 16.2004 <br /> <br />In RQO 04-201, the Ethics Commission opined whether a former Director of the Miami Dade <br />Housing Agency ("MDHA") could contract with companies doing business with MDHA, or <br />seeking to do business with MDHA in the future. The Ethics Commission answered this <br />question in the affirmative, ruling that the only prohibited conduct involved lobbying any county <br />official or staff member regarding any client or project, per the two year rule in Section 2- <br />11.1(q). <br /> <br />The Ethics Commission broadly defined the lobbying prohibition to include "meet[ing] with any <br />county officials, submit[ing] written documents on behalf of your clients or appear[ing] at <br />publicly noticed meetings for your clients regarding any project where the client is seeking <br />action or funding from Miami Dade County government." <br /> <br />04-106 June 1 L 2004 <br /> <br />In RQO 04-106, the Ethics Commission addressed the issue of a former Assistant County <br />Manager who sought to lobby the County Commission. The former Assistant County Manager <br />argued that since his former job title was not specifically listed in Section 2-11.1 (q)(1) that he <br />was therefore exempt from the two year post employment restriction. The Ethics Commission <br />disagreed, ruling that although this particular job classification was not specifically listed in <br />subsection (q)(1), the general prohibition of "lobbying" found in Section 2-11.1(s) is "broad and <br />covers any activity where you are publicly identified as part of a lobbying team." <br /> <br />04-48 May 18.2004 <br /> <br />In RQO 04-48, the Ethics Commission addressed the applicability of former permit/plans <br />expediters and consultants in the County's Building Department to the two year post <br />employment restrictions found in Section 2-11.1 (q). The narrow issue presented was whether <br />the two year rule applied to 1) part time employees 2) temporary full time employees directly <br />hired by the County and 3) temporary full time employees directly hired by employment <br />agencies, The Ethics Commission broadly construed the two year post employment restriction to <br />include all three groups, regardless of whether they earned a salary per se or hourly wages, and <br />regardless of whether or not they received County benefits. <br />
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