Dear Friends & Colleagues,

As we approach the 25th anniversary of the Ethics Commission, starting with its first board appointees and hires in mid-1998, we will be reflecting on the challenges, successes, and notable events of the last quarter century. Like any public agency, particularly one with enforcement authority, the path has not always been easy.

After voters of Miami-Dade County amended the county charter to create an ethics commission, the Board of County Commissioner’s ordinance to do just that was not universally welcomed. The official record from that time reflects concern and opposition from some employees and members of the Board of County Commissioners.

A representative for police and corrections officers, general employees, and supervisors, argued that the ordinance went farther than the Charter Amendment ratified by the voters. A County Commissioner expressed concern with the potential costs associated with an Ethics Commission and suggested that the voters should be allowed to vote anew, regarding costs. Another Commissioner expressed concerns regarding the Ethics Commission’s subpoena power and opposed the ordinance, noting that it was “another unnecessary level of scrutiny and harassment.” A third Commissioner expressed the desire to cap the number of Ethics Commission staff positions. In the end, the forces pushing for more government oversight and accountability won the day, setting the stage for some of the dramatic cases this Agency has investigated over the years.

To be clear, investigating and prosecuting ethics violations is not all we do here. There has always been a certain amount of training and outreach that staff members have conducted to further the mission of the agency. Just over the last few weeks, the Ethics Commission was pleased to partner with sister Ethics Commissions from Naples and Palm Beach and co-sponsored a two-day Ethics Conference in Naples, Florida. The conference was well attended by local government ethics attorneys, municipal attorneys, local inspector generals, police investigators and prosecutors.

In the coming weeks we will be presenting to small business owners seeking to contract with the local government as part of the County’s Vendor Academy, to County Aviation procurement employees at Miami International Airport, and to voluntary board members of the charitable Jewish Community Services of South Florida. Look for us also as we present to newly elected officials in Golden Beach and Miami Shores.

On the administrative front, the Ethics Commission has begun meeting with the County’s Budget Department officials to prepare for next fiscal year’s budget. The agency’s budget remains among the smallest in all of County service while having jurisdiction in the County and all 34 municipalities. Year-over-year budget increases will also likely be very low. We continue to provide expansive and quality services at a low cost to our residents.

This past month retired Circuit Judge and current COE Commissioner, Lawrence Schwartz, submitted his letter of resignation from the board. Judge Schwartz was originally appointed to the board by then Chief Circuit Judge Joel Brown in January 2013, shortly after his retirement from the bench. COE staff and fellow commissioners thank the judge for his many years of public service, including years as an elementary school teacher in North Dade, as an Assistant State Attorney, and of course as County and Circuit Judge in addition to his exemplary service on the Ethics Commission. Chief Judge Nushin Sayfie graciously met with Ethics Commission staff to discuss her new judicial appointee to the Ethics Commission.

On the enforcement front, the Ethics Commission recently dismissed a complaint filed against North Bay Village Mayor, finding it was not legally sufficient. The complaint alleged that the mayor violated the exploitation of official position provision in the County Ethics Code and the Truth in Government section of the County Citizen’s Bill of Rights, by allegedly drafting a false document, furnishing the document members of the village commission and the public, and allegedly making false statements. The Ethics Commission will soon consider a motion to assess attorney's fees and costs in that matter. Also, pretrial motions will be heard in the Ethics Commission’s ethics case against a City of Miami Commissioner.

As always, thank you for your continued support.

Regards,

Jose 

Commissioners

Dr. Judith Bernier, Chair

Wifredo Gort, Vice Chair

Nelson C. Bellido Esq.

Judge Lawrence A. Schwartz

Leonard D. Pertnoy, Esq.

Executive Director

Jose J. Arrojo, Esq.

Advocate

Radia Turay, Esq.

General Counsel

Loressa Felix, Esq.

The Miami-Dade Commission on Ethics and Public Trust in conjunction with the Miami-Dade Elections Department regularly presents a Clean Campaign Class to provide essential information to existing and potential candidates, campaign workers and politically active citizens involved in local elections. Engaging in continuous training sessions such as the Clean Campaign Class fosters the Ethics Commission’s overall goal of creating an environment in which ethical campaigning is expected.

The roughly 2-hour session offers essential information to avoid legal pitfalls, correctly raise and report funds, properly keep records, and understand the legal and ethical obligations of seeking public office.

The class is free, open to the public, and attorneys can earn Continuing Legal Education credits from the Florida Bar.

The next Clean Campaign Class is currently being organized and will soon be posted on this newsletter, the Ethics Commission’s website (ethics.miamidade.gov), and other public outlets. For more information on the class or if you wish to have the Ethics Commission deliver training for your organization, email Robert Thompson at robthom@miamidade.gov or call 305-579-2594.

As part of the Ethics Commission’s continuing outreach efforts to all segments of the community, COE Executive Director, Jose Arrojo, recently participated as a panelist at a seminar in Doral hosted by the Coalition of Dominican Organizations in the United States. The event, headlined as Local Political Formation in the United States, was organized to help dozens of local Hispanic leaders understand emerging issues when running for public office and to understand the limitations on political activities during election season. The presentation covered specific topics such as voter solicitation, prohibited use of public office or position for political purpose, campaign accounting methods, campaign reporting considerations, and fair campaign practices.

In the audience were local Dominican journalists, community leaders, and candidates for Miami, Doral, and Surfside elected offices. Former City of Miami Mayor, Tomas Regalado, as well as other local political experts also took part in the event. 

The Coalition of Dominican Organizations in the USA was created to monitor issues that are taking place in the Dominican Republic that directly affect Dominicans abroad and is comprised of leaders residing in different US states, Canada and Spain, who have come together to find solutions to these problems.

Special thanks to their efforts for hosting the event.

Summary of the

Miami-Dade County Commission on Ethics & Public Trust

Meetings Held on

April 12, 2023

The Miami-Dade County Commission on Ethics and Public Trust held a public meeting on April 12, 2023. The following actions took place:

Ethics Commission Announces Planned Hire of Staff Attorney

In his Executive Director’s report, Jose Arrojo, advised the Commission of the planned hire of Susannah Nesmith as an Ethics Commission Staff Attorney. Ms. Nesmith, employed by the Ethics Commission as an Investigator since 2017, received her law degree from Florida International University in December 2022 and passed the February 2023 Bar exam. A former award-winning journalist, she received her bachelor’s degree in history and Latin American Studies from Vassar College, and master’s degree in creative non-fiction from Goucher College.

Complaint Filed Against North Bay Village Mayor Found Not Legally Sufficient

C 23-03-01: A complaint filed against North Bay Village (NBV) Mayor, Brent Latham, was found Not Legally Sufficient and dismissed. The complaint alleged that Mr. Latham violated the Exploitation of Official Position Prohibited section of the Miami-Dade Conflict of Interest and Code of Ethics Ordinance when he allegedly drafted a false document and furnished it to members of the NBV Commission and the public. Mayor Latham also allegedly violated the Ethics Code when he informed the public that a lawsuit was filed solely for harassment purposes.

Complaint Filed Against South Miami Vice Mayor Found Not Legally Sufficient

C 23-04-01: A complaint filed against South Miami Vice Mayor, Lisa Bonich, was found Not Legally Sufficient and dismissed. The complaint alleged that Ms. Bonich violated the City of South Miami Charter when she allegedly dismissed the complainant from his service on a committee and appointed someone else.

Complaint Filed Against Medley Town Attorney Found Not Legally Sufficient

C 23-12-02: A complaint filed against Medley Town Attorney, Michael Pizzi, was found Not Legally Sufficient and dismissed. The complaint alleged that Mr. Pizzi violated the Convenient Access provision of the County Charter’s Citizens’ Bill of Rights when he allegedly advised Town of Medley staff to deny service to a former Town employee at a city hall service counter.

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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