Res No 035-96-9788ft
RESOLUTION NO . 35-96-9788
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO ETHICS; REQUESTING
THE FLORIDA ETHICS COMMISSION TO INVESTIGATE WHETHER A
COMMISSIONER HAS COMMITTED A VIOLATION OF THE STATE CODE
OF ETHICS OR OTHER LAWS.
S
WHEREAS, it is reported that a city commissioner of the City
of South Miami contacted a member of the architectural services
selection committee and attempted to influence the favorable
c ons iderat ion by that member o f an app 1 is ant during the c ompet it ive
selection process; and,
WHEREAS, the reported contact by a city commissioner with a
city employee, if true, violates the requirement of article VI,
section 8 of the city charter, which provides that "Except for the
purpose of inquiry, the Commis s ion and its members shall deal with
the admini s trat ive service solely through the City Manager" and the
contact may further violate the prohibition that "neither the
Commission nor any member thereof shall give orders to any
subordinates of the City Manager, either publicly or privately ";
and,
WHEREAS, pursuant to article II, section 4A of the city
charter, a willful or intentional violation of a prohibition of the
city charter is punishable by forfeiture of office; and,
WHEREAS, section 2- 11.1(g) of the Metropolitan Dade County
Code (county code of ethics) prohibits a municipal public official
from exploiting the official's position by using or attempting to
use the official's position
others; and,
to secure special privileges for
WHEREAS, section 112.313(6), Florida Statutes (state code of
ethics) prohibits a municipal publ is of f is ial f rom corruptly using,
or attempting to use. the official's public position to secure a
special privilege or benefit for others; and,
WHEREAS
violation of
the f of lowil
censure and
salary and a
a finding by the Florida
the state code of ethics is
Igo by removal or suspens
reprimand, forfeiture of a I
civil penalty not to exceed
Ethics Commission of a
punishable one or more of
ion from office, public
)ort ion of the official's
$10,000; and,
WHEREAS, the city commission believes that good cause exists
to request the Florida Ethics Commission, by filing a complaint, to
investigate the reported conduct.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
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