Dear Friends & Colleagues,

This last month, on the legislative front, The Ethics Commission continued to voice its opposition to CS/SB 7014, which prohibits local ethics commissions from self-initiating investigations into credible allegations of misconduct, including those referred by whistleblowers who fear retaliation for reporting on supervisors or elected officials. In correspondence sent out in March 2024, we urged the Governor’s General Counsel, Deputy Chief of Staff, and Chief Inspector General, to inform the Governor of how this legislation will not only prohibit ethics agencies from self-initiating investigations but will also hand-cuff law enforcement in its ability to refer possible violations of ethics ordinances or other breaches of public trust to ethics commissions for investigation. Simply put, absent a third-party sworn complaint based on personal knowledge the Ethics Commission will not be able to investigate misconduct even upon referral from law enforcement. 

Regarding ethics opinions and guidance, at its March meeting, the Ethics Commission concluded its months-long consideration of a proposed formal opinion in response to a request for guidance from a local municipal elected official who operates a construction permitting support business in her city. At the meeting, the Commission heard a presentation from Miami-Dade County’s former chief building official, Charles Danger, and individual commissioners were able to question Mr. Danger. Thereafter, the Commission issued general guidance to the official. Special thanks to Mr. Danger for agreeing to attend, for serving as a subject matter expert on the construction permitting process, and on a pro bono basis. 

Next week, I will be meeting with County budget officers to discuss the Ethics Commission’s fiscal year 24-25 budget. This may be a unique budgeting cycle for county departments and agencies, as this is the first budget year during which constitutional officers will be assuming the County’s police, elections, tax collector, and finance functions. As part of this process, the Ethics Commission is seeking to assume the employee and board financial filing and outside employment repository function that is currently the responsibility of the Elections Department but will not be once the Supervisor of Elections is elected in January 2025. 

Finally, this last month, we said goodbye to Ethics Commissioner Lourdes Fernandez. Ms. Fernandez, an appointee from St. Thomas University’s law school, was a recent addition to the Ethics Commission but her thoughtful presence on the Commission and her graciousness in dealing with staff will be missed. Ms. Fernandez resigned her longtime position with St. Thomas to enter private practice and we wish her well.

The Ethics Commission will not be meeting in April because of a lack of quorum but look for us in May when the Ethics Commission will be considering an informal opinion issued to a county executive with a unique dual assignment that requires her to serve as the Executive Director of a private nonprofit organization. Also, the Commission will be electing a Chairperson and Vice Chairperson, as the terms for the current incumbents have expired. 

As always, thank you for your continued support.

Regards,

Jose 

Commissioners

Dr. Judith Bernier, Chair

Wifredo Gort, Vice Chair

Nelson C. Bellido Esq.

Dava J. Tunis, Esq.

Executive Director

Jose J. Arrojo, Esq.

Advocate

Radia Turay, Esq.

General Counsel

Loressa Felix, Esq.

This past month on the training front, the COE was privileged to partner with frequent collaborators from the Miami-Dade County Elections Department and presented to candidates and campaign officials regarding the County’s Ethical Campaign Practices Ordinances and campaign best-practices. The session was well attended and in the audience were candidates seeking several county and municipal positions, campaign workers, and politically active citizens involved in local elections. Special thanks to North Miami City Clerk, Vanessa Joseph, and her team for hosting the event.  

If you would like more information regarding the Clean Campaign Class or to schedule a future session, contact the COE by email at ethics@miamidade.gov or call Mr. Robert Thompson at 305-350-0630.

COE Staff Attorney, Nolen “Drew” Bunker, served as the keynote speaker at a recent Training and Development Workshop hosted by the Greater Miami Chapter of the National Institute of Governmental Purchasing (NIGP), whose membership includes purchasing officers, agents, buyers, managers and others associated with purchasing for the public sector.

The presentation focused on The Cone of Silence, a restriction or suspension of certain communication during the pendency of all Miami-Dade County competitive solicitation of goods and services. The cone limits the outside influence of specified government officials and employees, private contractors, and lobbyists on the procurement process.

Much thanks to the Miami Chapter of the NIGP and its leadership team for allowing the COE present this important topic at their workshop. For further information regarding the Cone of Silence and its purpose, click here.

The Financial Disclosure section of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance provides that all county and municipal board members and certain designated county and municipal employees must file financial disclosure with the County’s Election Department or with their municipality’s Clerk by July 1st of each year covering the preceding calendar year. Depending on what position you hold in local government will determine what form you have to complete and whether to file it locally or with the state. This financial disclosure chart helps determine which forms need to be filed.

With the goal of assuring that these individuals adhere to the financial disclosure requirements of the Ethics Code, the COE monitors compliance as mandated by the Code and undertakes the following:

• Training board liaisons and department personnel representatives (DPRs) on financial disclosure
• Notifying all board liaisons and department personnel representatives (DPRs) to ensure the board members and County employees timely file their financial statements
• Assisting all County departments and board members by providing guidance on financial disclosure
• Contacting and assisting non-compliant board members with the intent to gain compliance
• Reminding Municipal Clerks in all 34 municipalities via memorandum of the financial disclosure requirements for their reporting board members and employees

The Ethics Commission receives lists from the Elections Department of non-compliant County filers and despite its best efforts to obtain compliance, the COE is at times obligated to contact the Miami-Dade County Commission notifying them of board members being removed from their boards due to financial disclosure non-compliance.

If you have any questions regarding the financial disclosure process you are encouraged to the COE at 305-579-2594.

The Miami-Dade Commission on Ethics and Public Trust was recently presented with a plaque by the Policy and Training Team of the Miami-Dade County Strategic Procurement Department in celebration of National Procurement this past March. A letter attached to the plaque, from the Strategic Procurement Department reads:

We extend our heartfelt gratitude for your unwavering dedication and commitment to public procurement. Your efforts play a vital role in ensuring the efficiency and effectiveness of our operation.

The April 10, 2024 Commission on Ethics & Public Trust meeting was cancelled due to a lack of quorum. Matters previously scheduled to be heard by the Commission will be now heard at the next COE meeting scheduled for May 8, 2024.

Miami-Dade County Commission on Ethics & Public Trust

Phone: 305-579-2594

Email: ethics@miamidade.gov

Website: www.ethics.miamidade.gov

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