CAO 98-09
I
CITY OF MIAMI BEACH
TO:
SERGIO RODRIGUEZ DATE: MARCH 19, 1998
CITY MANAGER
MURRAY H. DUBBINI1A' v1~lJl~--------
CITY ATTORNEY / V"\ 1)"
FROM:
RE: CAO #98-9: - LOBBYIST ACTIVITIES OF LA WFIRM EMPLOYING
PLANNING BOARD MEMBER.
I have reviewed your request for legal opinion inquiring whether the lawfirm which has
employed Planning Board member Ilona Wiss may appear before City Boards or the City
Commission. As is explained more fully below, the subject lawfirm may appear before any City
Agency except the Planning Board.
LEGAL ANALYSIS
Miami Beach Ordinance No. 97-3105 states in relevant part:
No member of a City of Miami Beach board, agency or committee
._ _ shall:
a) either directly or throl.\ih an associate.
appear, represent or act on behalf of a third
person before the City Commission or any
City Agency with respect to any Agency
action filed by the third person.
b. either directly or throuih 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 said
third person.
(Emphasis added.) City of Miami Beach Ordinance No. 97-3105, Section 2-47.5(1). The term
"associate" is defined within the City Ordinance as ". . . any person or entity engaged in or
carrying on a business enterprise with a City of Miami Beach Agency member as a partner, joint
venture, or co-corporate share holder where the shares of such corporation are not listed on any
CAO #98-9: Planning Board Member Employed by Lawfinn--
Lawfinn's ability to Lobby.
March 19, 1998
Page No.2
national or regional stock exchange, or co-owner of property"; in light of the fact that Ms. Wiss'
position as a law clerk with the subject lawfinn falls outside the definition of "associate", the
provisions of the Ordinance at issue do not apply and the lawfinn may appear before any City
Agency, excluding the Planning Board during Ms. Wiss' tenure with said Board. 1
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I The provisions of Miami-Dade County Code ~2-ll(m)(2) prohibit the lawfinn which
employs Ms. Wiss from appearing before the City Board on which she serves.