CAO 00-15 CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
TO:
FROM:
SUBJECT:
DATE:
Commissioner David Definer
Murray H. Dubbin
City Attorney
Jean K. Olin '
Deputy City
Ethics Ordinance Legal Opinion
September 29, 2000
C.A.O. NO. 00-15
You have requested a legal opinion with regard to City Code Section 2-459 entitled "Certain
Appearances Prohibited" as it applies to members of the City Commission. Section 2-459 provides,
in relevant part, that:
No member of a City board, agency, or committee or member of any board, agency
or committee created hereafter...shall:
O)
Either directly or through an associate, appear, represent or
act on behalf of a third person before the City Commission or
any City agency with represent to any agency action sought by
the third person.
(2)
Either directly to through an associate be engaged as a
lobbyist for and on behalf of a third person with respect to any
official action by any public officer sought by such third
person.
Section 2-459(a). The te, m "agency" is defined as any board, commission, committee or authority
of the City, whether advisory, ad hoe or standing in nature." Cld at (b)) Accordingly,,this definition
would lead to the conclusion that members of the City Commission are indeed subject to this Code
Section' s provisions.
lKOxkw
F:XAITOXOLI.RCAO-t, TC~00- I ~ .CAO