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CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
C.A.O. NO. 00-09
TO:
Jorge M. Gonzalez
City Manager
Murray H. DUbbfJA \.J ~ I. 01--=
City Attorney I VOl ~\,Q'W'"
Raul J. Aguila ~~'t-
First Assistant City Attomey
C.M.O. NO. 2-8/00
FROM:
SUBJECT:
Is Randy Hilliard's appointinent to the Convention Center Oversight
Committee appropriate?
DATE:
August 30, 2000
Pursuant to City Manager Lawrence Levy's memorandum, dated August 18, 2000, a question
was raised as to whether Mr, Randy Hilliard's appointment to the City's Convention Center
Oversight Committee is appropriate; specifically, as to whether Mr. Hilliard meets one of the general
requirements (for appointment to a City board and/or committee) in Section 2-22(4) of the Miami
Beach City Code which states as follows:
(4) Members of agencies, boards and committees shall be affiliated with the City;
this requirement shall be fulfilled in the following ways:
(a) An individual shall have been a resident of the City for a
minimum of two years; or
(b) An individual shall demonstrate ownership/interest for a
minimum of six months in a business established in the City
for a minimum of six months.
Exceptions to subsections (4) (a) and (b) of this section shall
only be permitted if it is determined by the City Commission
that an agency, board or committee requires the membership
of an individual with a specific position, knowledge,
experience or expertise not available in another individual
who may otherwise comply with the terms of subsections (4)
(a) and (b) of this section,
The facts provided to this Office indicate that at the time of his appointment to the
Convention Center Oversight Committee, Mr. Hilliard was not a resident of Miami Beach and
therefore had not met the residency requirement set forth in Section 2-22(4)(a).
With regard to the six months business "ownership/interest"requirement in Section 2-
22(4)(b), at the time of his appointment Mr. Hilliard served (and continues to serve) as President of
the Alliance Theater, a 501-(c)(3) not-for-profit corporation operating in the City, However, Mr,
Hilliard stated to this Office that he has no ownership in the Alliance Theater, nor does he receive
a salary or any other type of compensation from the Theater for the services that he provides, The
question as to the validity ofMr, Hilliard's appointment, therefore, is whether, having failed to meet
the residency requirement in Section 2-22(4)(a), and not having an "ownership" in the Alliance,
pursuant to the first threshold requirement in Section 2-22(4)(b), he has an "interest" in the business
that would qualify him for appointment under the second part of Section 2-22(4)(b).
Webster's Ninth New Collegiate Dictionary 630 (1991) defines "interest" as a "right, title,
or legal share in something", As Mr, Hilliard is not an owner in the Alliance, and holds an unpaid
position therein, he possesses no right, title or legal share therein. Therefore, it is this Office's
opinion that Mr. Hilliard does not meet any of the requirements set forth in Section 2-22(4)(a) and
(b),
However, it should be noted that, as provided by Section 2-22(4)(b), exceptions to
subsections (4) (a) and (b) may be permitted if it is determined by the City Commission that the
Convention Center Oversight Committee requires the membership of an individual with a specific
position, knowledge, experience or expertise not available in another individual who may otherwise
comply with the terms of subsections (4) (a) and (b) and that Mr, Hilliard is such individual.
Should you have any questions, please feel free to contact me,
RJAIkw
P:\ATroIAGURIC,0\()\00.09.CAO
cc: Mayra Diaz Buttacavoli, Assistant City Manager
2
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CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Lawrence A. Levy
City Manager
FROM: Raul J. Aguila P-~ G-
First Assistant City Attorney
SUBJECT: Randy Hilliard's Appointment to Convention Center Oversight Committee
DATE: August 16,2000
Pursuant to our previous discussion, you were going to request a City Attorney Opinion
(CAO) regarding the above-referenced matter. Please be advised that there has already been a citizen
inquiry as to Mr. Hilliard's appointment; as you know, it is the policy of this Office not to issue legal
opinions to the public-at-Iarge, but rather upon either a request by the City Manager or the Mayor
and Members of the City Commission.
RJA\kw
P:\ATI'OIAGUIlIMEMOSIIlILlJAIU).LL
cc: ~urray H. Dubbin, City Attorney