CAO 98-07CITY OF MIAMI BEACH
TO:
FROM:
SERGIO RODRIGUEZ
CITY MANAGER
MURRAY H. DUBBIN ~
CITY ATTORNEY /~
CAO g~)8-7: DUAL-OFFICE HOLDING: ARI SKLAR.
DATE: FEBRUARY 27, 1998
Purs-atxt to your request, I researched the issue of whether City of Miarni Beach Planning
Board member Ari Sklar may serve simultaneously as a member of the Miami-Dade County
Shoreline Review Committee. For the reasons stated more fully below, Mr. Sklar may not serve
simultaneously in such dna!-offiee holding capacity.
Article II, Section 5(a) of the Florida Constitution states in relevant part as follows:
... No person shall hold at the same time more than one office under
the government of the state and counties and municipalities therein,
except that a notary public or military officer may hold another
office, and any officer may be a member of a constitution revision
commission, taxation and budget reform commission, constitutional
convention, or statutory body having only advisory powers.
The Courts have interpreted the subject Florida Constitutional proscription to allow d-al-office
holding in certain instances. An individual may thus serve on two agency bodies only if:
one of the govemmental board is solely advisory in nature; or
the individual is serving on one board as an ex-officio
member of the other board, and there is no conflict or
incompatibility between the individual°s two official duties.
In light of the fact that neither of the above-stated exemptions apply to Mr. Sldar, he may not serve
at the same time on the Planning Board and on the Shoreline Review Committee.
JKO:set:jean"A~gg-7.c. ao
f:~atto~mll'~heila'~.aos~98-7.cao