City Clerk File No. 502C'I`A c«ni~ FrcF R-~'F#~ so2-MnnrN~,~
OFFICE OF THE CITY ATTORNEY
F L O R
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MURRAY H. DUBBIN ''""°" '~'
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City Attorney
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LETTER TO COMMISSION
Telephone:
Telecopy:
February 24, 2005
TO: Mayor David Dermer
Members of the City Commission and
Jorge M. Gonzalez, City Manager ~~1 ' _
FROM: Murray H. Dubbin, City Attomey,J~
SUBJECT: Sunshine Law: State Attorney's Office Close out Memo
(305)673-7470
(305)673-7002
As you recall, within the past month both the SunPost and Miami Herald publications reported that a
complaint had been filed with the State Attorney's Office Public Corruption Unit regarding alleged
violations of the Sunshine Law by certain City of Miami Beach appointed public officials-
specifically, the complaint focused on a meeting of the City's Transportation and Parking
Committee, Finance and Citywide Projects Committee, as well as the Miami Beach Transportation
Management Association, Inc.
Attached is the Public Corruption Unit's memorandum closing out its investigation of this matter,
concluding that "there is no evidence of an intentional violation of the Sunshine Law" by City
personnel, and finding that "any possible violation" had effectively been cured by the City.
Accordingly, no further action need be taken by the State Attorney's Office, and this matter is
resolved.
c: Robert Parcher, City Clerk
1700 Convention Center Drive -- Fourth Floor --Miami Beach, Florida 33139
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ILIC CORRUPTION UNIT '
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A.S.A.: J~ltnefte'~~~dirr~ ~ J [NVESTIGATION #:
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DATE: January 26, 2005
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DATE:
Division Chief, PC Unit
JOSE J. ARROJO Chie Assistant DATE: \ S ~ J S
SUBJECT(S): Miami Beach Parking and Transportation EMPLOYMENT:
Committee
Miami Beach Finance and Citywide Projects Committee
Miami Beach Transportation Management Association,
Inc.
INVESTIGATOR:
AGENCY:
PHONE:
CRIME
Sunshine Violations
ALLEGATION:
STATUTE
286.011
CONCLUSION:
DEGREE
misdemeanor
The City of Miami Beach Transportation and Parking Committee had a meeting scheduled for January 3, 2005,
and the Finance and Citywide Projects Committee had a meeting scheduled for January 6, 2005. Neither meeting was
properly noticed due to a clerical oversight. The lack of notice was not discovered until after the January 3r4 meeting.
Deputy City Attorney Jean Olin immediately took action and declared the meeting's actions null and void. The meeting
was rescheduled for January 31, 2005, with notice. No business was dealt with at the January 6`h meeting, because the
notice problem had been discovered, and the meeting was rescheduled for January 27, 2005, with notice. The clerical
issue has been corrected and City personnel are aware of the need to notice committee meetings.
Poease Recyde
0674 - F:WC-Close Out MemoslMiami Beuh Slmshine Vialation.DOCSASoF
The iNiami Beach Transportation Management Association, Inc. (TMA) is a private, non-profit, corporation
which contracted with 'he City of Miami Beach to operate the Electrowave bus. The TMA is not required, as a private
entity, to give public notice of its meetings unless it is involved in the public decision making process by virtue of being
delegated a governmental function. The increased awareness of notice requirements generated by the aforementioned
public committees caused Assistant City Manager Robert Middaugh, who was to attend the TMA meeting, and TMA
officials to contact Deputy City Attorney Jean Olin, who advised the TMA that meetings held to deal with any
governmental function the TMA has contracted to perform must have adequate public notice. Appropriately, a TMA
meeting that was to include such a discussion was canceled and will be rescheduled.
I spoke with Miami Beach City Clerk Bob Parcher and reviewed the notice procedures. The City of Miami Beach
Clerk has an intemal a-mail address to which the liaison for each committee is to send information on scheduled meetings.
The information concerning the meetings is placed in the Miami Herald Neighbors section on Thursdays. In order to meet
publishing deadlines, the information must be received at the internal a-mail address by noon on Mondays. In the case of
the Transportation and Parking Committee, the secretary for the committee did not sent the necessary information to the
internal a-mail address. (That secretary is no longer employed by the by the City of Miami Beach.) In the case of the
Finance and Citywide Projects Committee, the information was received after the Monday noon deadline. Attempts were
made to publish the meeting as an "emergency" meeting and flyers were placed around Miami Beach City Hall. Mr.
Parcher has clarified the term "emergency" and has made his staff aware that a delay in notice is not an emergency.
Additionally, Mr. Parcher believes that any meeting held on a tme emergency basis should contain in the record a reason
why the meeting was an emergency. There is also a place on the Miami Beach website for noticing meetings and a special
designation for new notices.
I also spoke with Deputy City Attomey Jean Olin, who confirmed the above information. She also provided
copies of the tapes from the Transportation and Parking Committee meeting, and the Commission Memorandum of the
Finance and Citywide Projects Committee meeting, the only action being to reschedule the meeting with adequate notice.
There is no evidence of an intentional violation of the Sunshine Law by any of the aforementioned committees.
Any violations of the Sunshine Law that may have occurred appear to have been inadvertent. Prompt and appropriate
action was taken by the Deputy City Attomey and her staff to remedy any possible violation. Members of the committees
involved in this inquiry have been apprised of the requirements of the Florida Sunshine Law. This matter is now closed.
cc: Jose J. Arrojo
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