Dear Friends & Colleagues,

The last several weeks, the Ethics Commission has been heavily focused on ethics training, in the County, in our cities, and in academic settings. Also, the Ethics Commission considered two agenda items involving changes to the County Conflict of Interest and Code of Ethics Ordinance.  

On the training front, at the invitation of Mayor Daniella Levine Cava, I was able to partner with the Mayor’s Chief Integrity Officer and the County Attorney’s Office, in providing ethics training to members of the Mayor’s staff. The training was well attended, and participants and presenters explored nuanced scenarios and transactions involving government executives. Special thanks to the Mayor, who attended and participated in the training, and to her staff, for the invitation and for hosting the meeting.  

We continued to provide customized ethics training to County employees and recently presented to newly hired civilian employees of the Miami-Dade Police Department. Special thanks to the Miami-Dade Police Department’s training staff for sponsoring the training at the department’s Public Safety Training Institute. Also at the County, we provided ethics training to County Commission District 11 staff at their district offices in Southwest Dade. Special thanks to Commissioner Roberto Gonzalez for the request and to his staff for hosting the training. 

In the cities, the Ethics Commission partnered with the Miami-Dade Elections Department to provide ethical campaign practices training in the City of North Miami Beach. Several municipal candidates and incumbents were in attendance and a variety of electioneering and campaign scenarios were addressed, as that city proceeds toward a special election to fill a vacant Mayor’s position. Special thanks to the North Miami Beach City Clerk for hosting the training.     

Also, drawing on the Ethics Commission’s involvement in public procurement practices, I was honored to serve on a panel discussion of Best Practices in Identifying and Resolving Organizational Conflicts of Interests at the 2023 American Bar Association’s Public Procurement Symposium, held in New Orleans. 

Moving to ordinance revisions, in its most recent meeting, the Ethics Commission ratified two resolutions relating to the County Ethics Code. In one resolution, the Ethics Commission encourages the Board of County Commissioners to amend the County Ethics Code to allow otherwise eligible County employees to contract with the county when seeking human services, including those relating to housing, transportation, and childcare, even if the employee may work in the department that is administering the assistance program, as long as there is Ethics Commission review. 

Also, the Ethics Commission by resolution directed staff to move forward with empaneling a blue-ribbon committee to do a start to finish review of the County Ethics Code and make recommendations regarding revisions and amendments. Committee members should be drawn from local and state government, academia, and the greater community. 

Finally, this past month we celebrated Ethical Governance Day. For over a decade, in partnership with Miami-Dade County Public Schools, the Ethics Commission connects hundreds of lawyers, judges, government officials, and community leaders with hundreds of high school students across the County, giving the volunteer speakers the opportunity to talk about ethical governance and civic engagement. Thanks to all the volunteers, teachers, school administrators, and most of all, to the students for their questions and participation. 

As we head into the end of the year holidays, look for Ethics Commission lawyers collaborating with the Miami Beach Charter Review Committee on possible ethics reforms in that city, and in the Town of Surfside, where we will be providing ethical campaign practices training.  

As always, thank you for your continued support.



Regards,

Jose 

Commissioners

Dr. Judith Bernier, Chair

Wifredo Gort, Vice Chair

Nelson C. Bellido Esq.

Leonard D. Pertnoy, Esq.

Dava J. Tunis, Esq.

Executive Director

Jose J. Arrojo, Esq.

Advocate

Radia Turay, Esq.

General Counsel

Loressa Felix, Esq.

For the 13th consecutive year, the Miami-Dade Commission on Ethics and Public Trust, with the support of the Miami-Dade County Public Schools, coordinated 2023 Ethical Governance Day.

The event facilitated the introduction of hundreds of civic leaders into local high school classrooms to address students on the importance of civic participation and engagement as a means to ensure ethical governance and support our democracy.

This year, public officials, judges, attorneys, and community leaders with civic and government experience, were asked to emphasize the importance of becoming a fully informed citizen, who can engage in civil debate and discourse with others that may not share the same viewpoints, all as a means to ensure ethical governance and the continuing strength of our democracy.

Guest speaker and local attorney Nancy Wear commented, "I enjoyed ethical governance day very much. The polite and courteous student in Ms. West's classes at Cutler Bay Sr. High School asked great questions and made me feel very welcomed."

The COE thanks all 2023 participants and looks forward to even more successful partnerships with the school board and local leaders in years to come. 

Ethics Commission lawyers recently partnered with elected officials and civil society leaders from Africa at the annual AfriCANDO 2023, U.S – Africa Trade Conference, held in Miami. COE Executive Director was privileged to moderate a panel presentation that included Ethics Commission Advocate, Radia Turay, of Sierra Leone birth, and County Court Judge Chiaka Ihekwaba, who is of Nigerian origin. The panel addressed attendees on a variety of ethics and conflict of interest scenarios involving the intersection of private businesses and government.

The COE will continue to support AfriCANDO's efforts to seek to implement sustainable solutions that are designed to promote job creation, and economic development in both the US, and Africa.

The Ethics Commission adopted a Resolution at their most recent meeting that establishes a Blue-Ribbon Committee to a start-to-finish review the Conflict of Interest and Code of Ethics Ordinance and make recommendations on necessary revisions.

The ordinance, that dates back to 1972, has been been amended over the years, however, there are provisions that refer to charter officers that no longer exist in local government, elected officials whose duties and responsibilities have likewise changed since that time, and departments that no longer exist.

The committee will involve the three academic entities that have a seat on the Commission, the League of Cities, the Inspector General, and the State Attorney’s Office.

Summary of the Miami-Dade Commission on Ethics & Public Trust Meeting Held on November 8, 2023.

The Miami-Dade County Commission on Ethics and Public Trust held a public meeting on November 8, 2023. The following actions took place:

Ethics Opinion Regarding Prohibitions on Elected Officials’ Outside Employment to be Considered

The Commission reviewed a draft opinion and agreed to consider at its next meeting a formal opinion regarding prohibitions on elected officials’ outside employment when the employment involves contacts with the official’s city. The matter will be brought back to the Commission as a proposed formal opinion after consulting with the requestor’s counsel and the Miami-Dade County League of Cities.

Complaint Filed Against City of Miami Beach Mayoral Candidate Found Not Legally Sufficient C 23-40-09: A Complaint filed against the City of Miami Beach Mayoral candidate, Michael Gongora, was found Not Legally Sufficient and dismissed. The complaint alleged that Mr. Gongora violated the Miami-Dade County Ethics Code when he had failed to properly disclose gifts received.

Complaint Filed Against City of Aventura Mayor Found Not Legally Sufficient

C 23-41-09: A Complaint filed against the City of Aventura Mayor, Howard Weinberg, was found Not Legally Sufficient and dismissed. The complaint alleged that Mayor Weinberg violated an unspecified County or Municipal Ethics Code when he allegedly berated the complainant at a Condo Connect event.

Complaints Filed Against Candidate for City of Miami Commission Found Not Legally Sufficient C 23-43-10, C 23-44-10: Two complaints filed against Miami Commission candidate, Alex Diaz de la Portilla, were found Not Legally Sufficient and dismissed. The complainant, also a Miami Commission candidate, Francisco Pichel, alleged that Mr. Diaz de la Portilla’s campaign materials did not contain disclosure information required by “election protocol and state statute.”

Complaints Filed Against City of Hialeah Mayor Found Not Legally Sufficient C 23-44-10, C 23-45-10, C 23-46-10: Three Complaints filed against City of Hialeah Mayor, Esteban Bovo, were found Not Legally Sufficient and dismissed. The complaints alleged that Mayor Bovo violated unspecified ethics violations citing the Mayor’s “failure to fulfill job responsibilities.”

No Probable Cause Found in Complaint Filed Against Village of Palmetto Bay Councilperson C 23-08-02: The Ethics Commission unanimously found No Probable Cause that Village of Palmetto Bay Councilperson, Marsha Matson, violated the Truth in Government section of the The complaint alleged that Councilperson Matson knowingly furnished false information on a public matter.

No Probable Cause Found in Complaint Filed Against Former North Miami Beach City Attorney C 23-14-02: The Ethics Commission unanimously found No Probable Cause that former City of North Miami Beach City Attorney, Hans Ottinot, Esq., violated the Miami-Dade Conflict of Interest and Code of Ethics Ordinance, the Miami-Dade County Citizens’ Bill of Rights, and certain provisions of the City of North Miami Beach City Charter and Code of Ordinances, as alleged in the complaint. Specifically, the complaint alleged that Mr. Ottinot violated these laws when, as City Attorney, he retained outside counsel to opine on the residency status of the City Mayor, as well as when he opined to the City Commission that he concurred in the outside counsel’s opinion. The complaint further alleged that Mr. Ottinot violated these laws when he advised City Commissioners about whether they should attend City Commission meetings presided over by the City Mayor whose residency was in question.

Public Hearing Involving Alex Diaz de la Portilla to be Rescheduled

The public hearing involving Alex Diaz de la Portilla has been taken off the Commission’s hearing docket and set for report for the January 2023 Commission Meeting

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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