2018-2019 Annual Report

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2018-2019 Annual Report MIAMI-DADE COMMISSION ON ETHICS & PUBLIC TRUST 2019 ANNUAL REPORT Building trust and confidence in local government 305 579 2594 | www.ethics.miamidade.gov | Miami, Florida T R O P E Commissioners R NELSON C. BELLIDO, ESQ. Chairman DR. JUDITH D. BERNIER L Vice Chair JUDGE LAWRENCE A. SCHWARTZ (RET.) A Commissioner JAN L. JACOBOWITZ, ESQ. U Commissioner WIFREDO "WILLY" GORT Commissioner N N Executive Staff JOSE J. ARROJO, ESQ. A Executive Director MICHAEL P. MURAWSKI, ESQ. Advocate 9 MARTHA D. PEREZ, ESQ. 1 General Counsel - MIAMI-DADE COMMISSION ON 8 1 ETHICS & PUBLIC TRUST 19 WEST FLAGLER STREET #820 MAIN TEL: 305 579 2594 HOTLINE: 786 314 9560 Y EMAIL: [email protected] WWW.ETHICS.MIAMIDADE.GOV F TABLE OF CONTENTS M I A M I - D A D E C O M M I S S I O N O N E T H I C S & P U B L I C T R U S T 2-3 Chairman & Executive Director Messages About the Commission: Mission, 4-5 Jurisdicition & Responsibilites 6-8 Meet the Commissioners 9-11 Budget, Staffing & Organization Physical Location Move 12-13 Civil Litigation & Collective Bargaining 14-15 Ethics Training Enforcement 16-17 Highlighted Cases 18-19 Proposed Legislation & Macro Procedure Projects Special Outreach Training & Conference Presentations 20-24 County & Municipal Training Ethics Opinion & Legal Guidance 25-26 Eye on Ethics Newsletter T E L : 3 0 5 5 7 9 2 5 9 4 • W W W . E T H I C S . M I A M I D A D E . C O M • 2 0 1 9 A N N U A L R E P O R T 1 ANNUAL REPORT 2019 FROM THE CHAIRMAN We had another successful year at the Miami- Dade County Commission on Ethics & Public Trust. Executive Director Jose Arrojo now has a full year under his belt and the staff has responded well to his leadership. The Ethics Commission performs a vital role in our community to ensure the integrity of the governmental decision-making process and to This fiscal year, we will be kicking off a restore confidence in government. My fellow renewed and robust effort to reach out to commissioners and I are committed to all citizens of Miami-Dade County. improving the process for all involved in filing complaints and in defending allegations. This is I also take this moment to reflect on the especially important in an election year such as passing of our immediate past chair 2020. The cornerstone of our communities are Jeffrey “Jeff” Cutler. Jeff was an often our local elected officials. They work hard outstanding husband, father, lawyer and at their jobs and it is important that we public servant who left an indelible mark celebrate them when they do good as they often on the Ethics Commission. He was a true do, but also hold them accountable if they gentlemen who treated all that came violate the Ethics Code. before the Ethics Commission with respect and dignity. We miss Jeff and his It is our goal in this new year to continue to smile and candor when making difficult serve the residents of Miami-Dade County with decisions. Lastly, I thank you, the a transparent process that takes the concerns of residents of Miami-Dade County, for all into account and facilitates the process. This bestowing us with the privilege of serving includes improving our website as well as going you. As a volunteer and Chairperson the out into the communities from Homestead to Ethics Commission, I speak for my fellow Aventura and educating public officials, Commissioners in expressing our mutual government employees and the public in commitment to treating everyone with general. We take our role to educate our fairness and respect who appear before community on the Ethics Code seriously so that us. We are here to serve you and we take all can feel confident that they have been this commitment very seriously. provided with a fair opportunity when dealing with our office. Wishing you a very healthy, happy and ethical 2020! One of my charges to the Executive Director has been to reach out to populations in our Best Wishes, community that may not be fully informed of Nelson Bellido, the Ethics Commission’s public charge. Chairman 2 ANNUAL REPORT 2019 FROM THE EXECUTIVE DIRECTOR Those of us who work for the Miami-Dade County Commission on Ethics and Public Trust take great pride in the fact that our agency was created by the voters of this community to ensure the integrity of the local governmental On the enforcement front, the Ethics decision-making process and maintain the Commission handled more than 100 public’s confidence in local government as preliminary and formal investigations into required by County Ordinance. With the alleged ethics violations. These included 52 production and distribution of its Annual Report Complaints filed by members of the public for fiscal year 2018-2019, the Ethics or initiated by our staff. Ethics Commission reinstates its annual required Commission investigators and legal staff public reporting to the voters on its three basic also logged 81 hotline calls and responded charges: ethics training, opinions, and to daily inquires on the Ethics enforcement. Commission’s electronic mailbox. In the past fiscal year, the Ethics Commission The Ethics Commission did all of the above, trained elected officials and candidates serving the County and almost three dozen throughout Miami-Dade County on the County municipalities on an annual budget of 2.3 ethics code, with sessions in Miami Gardens, million dollars. The Ethics Commission North Miami Beach, North Miami, Bal Harbour, budget comprised less than .03% of the Miami, and Homestead. More than 1,000 entire County budget of over 7.9 billion lobbyists and vendors received training on how dollars, one of the smallest department or to ethically conduct business with local agency budgets in the County. government. The County and various cities hosted 40 ethics training sessions that our staff This year, we are moving forward with new conducted for County and municipal employees leadership and membership on the Ethics and board members. Ethics Commission Commission, new leadership on our staff, lawyers shared their local government ethics and increased community outreach expertise with visiting dignitaries, members of through our recently initiated monthly Eye the judiciary, non-profit agency boards of on Ethics Newsletter. We are confident directors, local government lawyers, student that we will be able to continue to play an groups, and professional associations. integral part in ensuring the integrity of the local governmental decision-making The Ethics Commission’s legal staff provided process and maintaining the public’s approximately 200 written informal ethics confidence in local government as we opinions to County and city elected officials, strive to serve as guardian of the public employees, board members and lobbyists who trust. sought guidance from our office. This, in addition to an even greater number of daily verbal ethics consultations with persons Jose Arrojo, covered under the ethics code. Executive Director 3 ANNUAL REPORT 2019 ABOUT THE COMMMISSION The Ethics Commission was created in 1996 as a result of a citizens' vote to amend the Home Rule charter. It is an independent agency with advisory and quasi-judicial powers. Government employees and officials have a special duty to serve the public in a fair and just manner. The Ethics Commission is dedicated to bolstering public trust in the administration of government by informing the public and private sectors about ethics laws and seeking strict compliance with them. It is empowered to subpoena, audit, and investigate all facts and persons materially related to a complaint at issue. MISSION The mission of the Ethics Commission is to ensure the integrity of both the governmental decision-making process and the electoral process, to restore public confidence in government, and to serve as the guardian of the public trust. 4 ANNUAL REPORT 2019 JURISDICTION AND RESPONSIBILITIES J U RI SD I C T I O N RESP O N SIB ILITIES The Commission’s jurisdiction The Ethics Commission is committed to includes elected officials, employees public education, training and and advisory board members in community outreach. This responsibility Miami-Dade County government and is discharged in a variety of settings in all municipalities in the county. including training sessions and Some rules and ordinances also workshops for government personnel, to extend to lobbyists and contract conferences and seminars on topics of vendors. The following are under the interest in the community. Ethics Commission's authority: Another important area of responsibility The Conflict of Interest and Code of involves advice-giving. Each year Ethics Ordinance several hundred local government officials and employees seek legal Ethics Commission enabling ordinance opinions from the Ethics Commission to The Citizen’s Bill of Rights Ordinance establish the standard of public duty they should exercise. All of these Miami-Dade County Honor Code opinions are posted on the Ethics Commission’s website. The Ethical Campaign Practices Ordinance The third role of the agency is The Commission on Ethics Rules of enforcement of rules and ordinances Procedure under the Ethics Commission jurisdiction. The Public Advocate and a Ethics Commission Bylaws team of investigators may intiate probes Municipal Ethics Codes and prosecute cases against violators. 5 MEET THE COMMISSIONERS NELSON C. BELLIDO, ESQ. CHAIR Nelson Bellido was appointed to the Ethics Commission by the Chief Judge of the Eleventh Circuit, Joel Brown, in July 2010. Mr. Bellido is a managing partner in the Miami- based law firm ROIG Lawyers, a former adjunct professor of Business Law at Florida Memorial College, worked with the Miami- Dade State Attorney's Office from 1993 to 1997, was a Director of the Cuban American Bar Association, past president and director of the League of Prosecutors and has been serving on the Miami- Dade County Fair and Exposition Inc.’s board of directors for the past eight years.
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