20170517 SM2c7P
MIAMI BEACH
Commission Meeting
su PPLEM E NTAL MATERTAL 2 (st 1 5t 2017)
City Hall, Commission Chambers, 3'd Floor, 1700 Convention Center Drive
May 17,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem5n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Com m issioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vl!, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any Gity Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
G7 - Resolution
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SUPPORTING ALL LEGISLATIVE ACTION BYTHE UNITED STATES CONGRESS TO
INVESTIGATE WHETHER PRESIDENT DONALD J. TRUMP HAS VIOLATED THE FOREIGN OR
DOMESTIC EMOLUMENTS CLAUSES OF THE UNITED STATES CONSTITUTION OR
COMMITTED ANY OTHER HIGH CRIME OR MISDEMEANOR SUFFICIENT TO WARRANT THE
COMMENCEMENT OF IMPEACHMENT PROCEEDINGS.
Office of the City Attorney
Vice-Mayor Kristen Rosen Gonzalez
Supplemental updated on 5/1512017
(Resolution)
1
THIS PAGE INTENTIONALLY LEFT BLANK
2
Agenda ltem J.l P
Date 5-i -l - :l
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
GIry OF MIAMI BEACH, FLORIDA, SUPPORTING ALL LEGISLATIVE
ACTION BY THE UNITED STATES CONGRESS TO INVESTIGATE
WHETHER PRESIDENT DONALD J. TRUMP HAS VIOLATED THE
FOREIGN OR DOMESTIC EMOLUMENTS CLAUSES OF THE UNITED
STATES CONSTITUTION OR GOMMITTED ANY OTHER HIGH CRIMEOR MISDEMEANOR SUFFICIENT TO WARRANT THE
COMMENCEMENT OF IMPEACHMENT PROCEEDINGS.
WHEREAS, the person holding the office of the President of the United States owes
sole allegiance to the Constitution of the United States of America, and must be above any
suspicion of influence by the interests of any foreign nation or official; and
WHEREAS, on January 20,2017, Donald J. Trump took the oath of office and became
the 45th President of the United States; and
WHEREAS, Article l, Section 9, Clause 8 of the United States Constitution, the Foreign
Emoluments Clause, provides that "no Person holding any Office of Profit or Trust under...[the
United Statesl, shall, without the Consent of the Congress, accept...any present, Emolument,
Office, or Title, of any kind whatever, from any King, Prince, or foreign State"; and
WHEREAS, Article ll, Section 1 of the United States Constitution, the Domestic
Emoluments Clause, provides that, apart from the fixed salary for a four-year term, the
President "shall not receive within that Period any other Emolument from the United States, or
any of them"; and
WHEREAS, pursuant to Article ll, Section 4 of the United States Constitution, the
"President...shall be removed from Office on lmpeachment for, and Conviction of, Treason,
Bribery, or other high Crimes and Misdemeanors"; and
WHEREAS, according to scholars, the Foreign Emoluments Clause reflects the
determined effort of the Framers of the United States Constitution to ensure that no federal
officeholder in the United States could be influenced by gifts of any kind from a foreign
government; and
WHEREAS, the term "emoluments" includes a broad range of flnancial benefits
including, but not limited to, monetary payments, purchase of goods and services even for fair
market value, subsidies, tax breaks, extensions of credit, and favorable regulatory treatment;
and
WHEREAS, Donald J. Trump, the President of the United States, owns various business
interests and receives various streams of income from within the United States and from all over
the world; and
WHEREAS, many of these businesses receive, and streams of income include,
emoluments from foreign governments, states of the United States, or the United States itself;
and
3
WHEREAS, in addition, there have been credible and serious allegations that Russia
engaged in a concerted effort to influence the outcome of the November 8, 2016 United States
presidential election, and that Donald Trump's presidential campaign, and/or its representatives
or surrogates, may have participated in such activities; and
WHEREAS, in recent testimony before the Senate Judiciary Committee's subcommittee
on crime and terrorism, Former Acting Attorney General Sally Yates told Congress that she
warned the Trump White House on January 26'n that the new National Security Advisor, Michael
Flynn, could be blackmailed by the Russian government due to inconsistencies in his reported
contacts with Russian Ambassador Sergey Kislyak; however, Mr. Flynn was not fired until 18
days later; and
WHEREAS, on the day following the testimony of Former Acting Attorney General Sally
Yates before the Senate Judiciary Committee's subcommittee, President Trump fired FBI
Director James Comey, who had been leading an investigation into President Trump's 2016
presidential campaign's possible collusion with Russia to influence the election's outcome; and
WHEREAS, as a recent example of activities raising questions of improper activities and
conflict of interest, the Kushner Companies, controlled by President Trump's son-in-law, Jared
Kushner, have offered EB-s Visas to Chinese investors in exchange for investments in New
Jersey real estate; and
WHEREAS, any violation of the Emoluments Clauses, or coordination with a foreign
government to influence the outcome of a presidential election, or the commission of any acts
constituting high Crimes or Misdemeanors, undermines the integrity of the Presidency, violates
the public trust, and improperly advances the personal wealth of the President and/or his family;
and
WHEREAS, our democracy is premised on the bedrock principle that no one is above
the law, not even the President of the United States.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby support all legislative action by the United States Congress to investigate
whether President Donald J. Trump has violated the Foreign or Domestic Emoluments Clauses
of the United States Constitution or committed any other high Crime or Misdemeanor sufficient
to warrant the commencement of impeachment proceedings.
PASSED AND ADOPTED this _day of May, 2017.
ATTEST:
Philip Levine, Mayor
APPROVED AS TO
& LANGUAGE
Rafael E. Granado, City Clerk EXECUTION
CitvAttorneY 1X/
F:\ATTO\TURN\RESOS\ReSo Supporting all Legislative Action to lnvestigate lmpeachment Proceedings re - President Donald J. Trump 2O17.doc
fur',
4