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Danielle Mejia Form 9 QTR IIMIAMI BEACH OFFICE OF THE CITY CLERK City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov Telephone: 305.673.7411 September 29, 2023 Miami-Dade Clerk of the Board of County Commissioners 111NW 1°Street, # 17-10 Miami, FL 33128 Pursuant to Section 2-11.1( e )( 4) of the Code of Miami-Dade County, attached please find a copy of the Miami-Dade County Quarterly Gift Disclosure Form, for the quarter ending June 2023, for the following City of Miami Beach Personnel: • Alexandra Danielle Mejia - Deputy Chief of Staff • Michele Pamela Burger - Chief of Staff • Lissette Garcia Arrogante - Director of Tourism and Culture • Monica Matteo-Salinas - Commission Aide The original has been filed with the Miami Beach Office of the City Clerk. Should you have any questions or require any additional information, please contact me at 305.673. 7 411. = Rafael E. Granado City Clerk Attachments REG:rq Sent Certified Return Receipt C ity C lerk 1700 C onvention C enter D rive M iam i Beach FL 33139 USPS CERTIFIED MAIL I 111111111 11 9214 8901 9403 8332 1136 92 MIAMI-DADE CLERK OF THE BOARD OF COUNTY COMMISSIONERS 111NW 1ST ST UNIT 17-10 MIAMI FLORIDA 33128-1902 eturn Reference Number: sername: Patrick Camm ode Violation # : ourt Case#: roperty Address :: ermit ID#: ustom 5: ostage: $8.8600 ' I Form 9 QUARTERLY GIFT DISCLOSURE (GIFTS OVER $100) LAST NAME -- FIRST NAME -- MIDDLE NAME: NAME OF AGENCY: Meiia Danielle Alexandra Citv of Miami Beach MAILING ADDRESS: OFFICE OR POSITION HELD: 1700 Convention Center Drive Deputy Chief of Staff, Office of the Mayor and Commission CITY: ZIP: COUNTY: FOR QUARTER ENDING (CHECK ONE): YEAR Miami Beach 33139 Miami-Dade County □MARCH JUNE □SEPTEMBER DECEMBER 2023 PART A- STATEMENT OF GIFTS Please list below each gift, the value of which you believe to exceed $100, accepted by you during the calendar quarter for which this statement is being filed. You are required to describe the gift and state the monetary value of the gift, the name and address of the person making the gift, and the date(s) the gift was received. If any of these facts, other than the gift description, are unknown or not applicable, you should so state on the form. As explained more fully in the instructions on the reverse side of the form, you are not required to disclose gifts from relatives or certain other gifts. You are not required to file this statement for any calendar quarter during which you did not receive a reportable gift. DATE DESCRIPTION MONETARY NAME OF PERSON ADDRESS OF PERSON RECEIVED OF GIFT VALUE MAKING THE GIFT MAKING THE GIFT 5/23 Dmnulocul 4 3,000 t( 14law 23, waw!4pl NI .Nu 1 3 . 1' ' A CHECK HERE IF CONTINUED ON SEPARATE SHEET PART B - RECEIPT PROVIDED BY PERSON MAKING THE GIFT If any receipt for a gift listed above was provided to you by the person making the gift, you are required to attach a copy of that receipt to this form. You may attach an explanation of any differences between the information disclosed on this form and the information on the receipt. □CHECK HERE IF A RECEIPT IS ATTACHED TO THIS FORM PARTC-OATH I, the person whose name appears at the beginning of this form, do depose on oath or affirmation and say that the information disclosed herein and on any attachments made by me constitutes a true accurate, and total listing of all gifts required to be reported by Section 112.3148, FUM" SIAR~ OFFICIAL sore or0"Pq, - Des~ couNrY or /jamilic. Sworn to (or affirmed) and subscribed before me by means of ~ph~ical presence or O one notarization, this ~-, c) day of 6gtemh-.2o--l<- • Donilk._?e)is. ure of Notary Public-State of Florida) (Print, Type, or Stam~mmissioned Name of Notary Public) . Personally Known OR Produced Identification ,ewMuuu,, Type of Identification Produced o"[\D ", CE FORM 9 - EFF. 1/2016 (Refer to Rule 34-7.010(1)g), F.A.C.) PART D - FILING INSTRUCTIONS " ... .Put••.:~ This form, when duly signed and notarized, must be filed with the Commission on Ethics, P.O. Drawer 15709, Tallahassee, ~ri$ ~/i-f?MM~ \ cal address: 325 John Knox Road, Building E, Suite 200, Talahassee, Florida 32303. The form must be filed no later than tried@it d k8' ti4ji, { g quarter that follows the calendar quarter for which this form is filed (For example, if a gift is received in March, it should be ' 1:/A by June 30.) l ! I 2z...13, A4, (see reverse i i! iEtO..·: s° "!iii#ii?% "wins" PA R T E INSTRUCTIONS WHO MUST FILE THIS FORM? Any individual, including a candidate upon qualifying, who is required by law to file full and public disclosure of his financial interests on Commission on Ethics Form 6, except Judges. (See Form 6 for a list of persons required to file that form.) Any individual, including a candidate upon qualifying, who is required by law to file a statement of financial interests on Commission on Ethics Form 1. (See Form 1 for a list of persons required to file that form.) Any procurement employee of the executive branch or judicial branch of state government. This includes any employee of an officer, department, board, commission, council, or agency of the executive branch or judicial branch of state government who has participated in the preceding 12 months through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or in any other advisory capacity in the procurement of contractual services or commodities as defined in s. 287.012, F.S., if the cost of such services or commodities exceeds or is expected to exceed $10,000 in any fiscal year. NO TE: G ifts that fo rm erly w ere allowed under Section 112.3 148, F.S., now m ay be prohibited under Sections 11.045, 112.3215, and 112.31485, F.S. WHAT GIFTS ARE REPORTABLE? • Any gift (as defined below) you received which you believe to be in excess of $100 in value, EXCEPT: 1) Gifts from the following RELATIVES: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother- in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, a person who is engaged to be married to you or who otherwise holds himself or herself out as or is generally known as the person whom you intend to marry or with whom you intend to form a household, or any other natural person having the same legal residence as you. 2) Gifts which you are prohibited from accepting by Sections 112.313(4) and 112.3148(4), Florida Statutes. These include any gift which you know or, with the exercise of reasonable care, should know was given to influence a vote or other action in which you are expected to participate in your official capacity; it also includes a gift worth over $100 from a political committee or committee of continuous existence under the elections law, from a lobbyist who lobbies your agency or who lobbied your agency within the past 12 months, or from a partner, firm, employer, or principal of such a lobbyist. 3) Gifts worth over $100 for which there is a public purpose, given to you by an entity of the legislative or judicial branch, a department or commission of the executive branch, a water management district created pursuant to s. 373.069, South Florida Regional Transportation Authority, the Technological Research and Development Authority, a county, a municipality, an airport authority, or a school board; or a gift worth over $100 given to you by a direct-support organization specifically authorized by law to support the governmental agency of which you are an officer or employee. These gifts must be disclosed on Form 10. A "gift" is defined to mean that which is accepted by you or by another in your behalf, or that which is paid or given to another for or on behalf of you, directly, indirectly, or in trust for your benefit or by any other means, for which equal or greater consideration is not given within 90 days after receipt of the gift. A "gift" includes real property; the use of real property; tangible or intangible personal property; the use of tangible or intangible personal property; a preferential rate or terms on a debt, loan, goods, or services, which rate is below the customary rate and is not either a government rate available to all other similarly situated government employees or officials or a rate which is available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin; forgiveness of an indebtedness; transportation (unless provided to you by an agency in relation to officially approved governmental business), lodging, or parking; food or beverage; membership dues; entrance fees, admission fees or tickets to events, performances, o facilities; plants, flowers, or floral arrangements; services providec by persons pursuant to a professional license or certificate; othe personal services for which a fee is normally charged by the persor providing the services; and any other similar service or thing having ar attributable value and not already described. The following are NOT reportable as gifts on this form: salary, benefits, services, fees, commissions, gifts, or expenses associated primarily with your employment, business, or service as an officer or director of a corporation or organization, and unrelated to your public position; contributions or expenditures reported pursuant to the election laws, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party; an honorarium or an expense related to an honorarium event paid to you or your spouse; an award, plaque, certificate, or similar personalized item given in recognition of your public, civic, charitable, or professional service; an honorary membership in a service or fraternal organization presented merely as a courtesy by such organization; the use of a governmental agency's public facility or public property for a public purpose. Also exempted are some gifts from state, regional, and national organizations that promote the exchange of ideas between, or the professional development of, governmental officials or employees. HOW DO I DETERMINE THE VALUE OF A GIFT? The value of a gift provided to you is determined using the actual cost to the donor, and, with respect to personal services provided by the donor, the reasonable and customary charge regularly charged for such service in the community in which the service is provided. Taxes and gratuities are not included in valuing a gift. If additional expenses are required as a condition precedent to the donor's eligibility to purchase or provide a gift and the expenses are primarily for the benefit of the donor or are of a charitable nature, the expenses are not included in determining the value of the gift. Compensation provided by you to the donor within 90 days of receiving the gift shall be deducted from the value of the gift in determining the value of the gift. If the actual gift value attributable to individual participants at an event cannot be determined, the total costs should be prorated among all invited persons. A gift given to several persons may be attributed among all of them on a pro rata basis. Food, beverages, entertainment, etc., provided at a function for more than ten people should be valued by dividing the total costs by the number of persons invited, unless the items are purchased on a per-person basis, in which case the per- person cost should be used. Transportation should be valued on a round-trip basis unless only one- way transportation is provided. Round-trip transportation expenses should be considered a single gift. Transportation provided in a private conveyance should be given the same value as transportation provided in a comparable commercial conveyance. Lodging provided on consecutive days should be considered a single gift. Lodging in a private residence should be valued at $44 per night. Food and beverages consumed at a single sitting or event are a single gift valued for that sitting or meal. Other food and beverages provided on a calendar day are considered a single gift, with the total value of all food and beverages provided on that date being the value of the gift. Membership dues paid to the same organization during any 12-month period are considered a single gift. Entrance fees, admission fees, or tickets are valued on the face value of the ticket or fee, or on a daily or per event basis, whichever is greater. If an admission ticket is given by a charitable organization, its value does not include the portion of the cost that represents a contribution to that charity. Except as otherwise provided, a gift should be valued on a per occurrence basis. FOR MORE INFORMATION The gift disclosures made on this form are required by Sec. 112.3148, Florida Statutes. Questions may be addressed to the Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709 or by calling (850) 488-7864; information is provided at: www.ethics.state.fl.us. CE FORM 9 - EFF, 1/2016 (Re fer to Rule 34-7.010(1)g), F.A.C.) G len to n "G len " G il zea n , J r. Chair Don Gaetz Vice Chair Michelle Anchors William P. Cervone John Grant William "Willie" N. Meggs EdH. Moore Wengay M. Newton, Sr. Jim Waldman State of Florida COMMISSION ON ETHICS P.O. Drawer 15709 Tallahassee, Florida 32317-5709 Kerrie J. Stillman Executive Director Steven J. Zuilkowski Deputy Executive Director/ General Counsel (850) 488- 7864 Phone (850) 488-3077 (FAX) www.ethics.state.fl.us 325 John Knox Road Building E, Suite 200 Tallahassee, Florida 32303 "A Public Office is a Public Trust" July 26, 2023 Ms. Freddi Mack 1700 Convention Center Drive, 4" Floor Miami Beach, FL 33139 Email: freddimack@miamibeachfl.gov Dear Ms. Mack, This letter is provided in response to your ethics inquiry. You state that a significant piece of City-owned property ("Property") has been subject to a 40-year lease term set to expire in May of 2026. You indicate that the current lessee holds no further rights of renewal, and there has been a large amount of public interest over what the City will do with the Property at the end of the lease term. You state that in March and early-mid April 2023, a restaurant group ("Entity 1 ") publicly advertised that it would be hosting a high profile food and concert event series in May 2023. You indicate that in early May 2023, certain City Commissioners received complimentary tickets to this event, the value of each exceeding $100. You state that, to this day, Entity 1 has not been a City vendor nor a lobbyist. You indicate that the tickets were distributed via American Express through its Guest Management partner VOW. You indicate that on April 28, 2023, the City Commission voted to approve a resolution to begin negotiations to establish a non-binding term sheet with a known and experienced City vendor ("Entity 2"), which could serve as a stalking-horse bidder for a new lease or management agreement relating to the Property at the end of the current lease term. You further indicate that, in lieu of a stalking-horse bid, Entity 2 could be awarded a bid waiver contract upon receiving the requisite number of votes under City law. Ms. Freddi Mack July 26, 2023 Page 2 You state that by the time of the April 28 meeting, at least one Commissioner had been advised that Entity 1 could be a potential partner with Entity 2 for the property. Regarding the complimentary tickets that certain City Commissioners received in early May 2023 to the Entity 1 event, you indicate that at least one Commissioner had communicated with a principal for Entity 2 about the tickets in early May 2023. You state that Entity 2 did not contribute the tickets, rather, it was Entity 1 who made the tickets available. You indicate that the Commissioners who accepted the tickets understood them to be a gift coming from American Express or Entity 1, and you indicate that neither of which are City lobbyists or vendors. You further indicate that the subject Comm issioners intend to report the tickets on the appropriate gift disclosure form. You indicate that on May 17, 2023, the City Commi ssion voted to rescind the April 28 resolution authorizing non-binding negotiations with Entity 2, and to instead begin a competitive RFP process to invite any qualified entities, including the current lessee, to submit competing proposals on the same timeline. You state that Entity 1 has not lobbied the City for any action on behalf of themselves or for any other party. Additionally, you indicate that no proposal involving Entity 1 has been submitted. You state that the RFP solicitation process is still pending, and that submissions are not due until August 15, 2023. You ask if any ethical standards are implicated by these facts. Sections 112.3148(3) and 112.3148(4), Florida Statutes, 1 are not implicated by the facts you present, as you state that Entity 1, the entity that provided the tickets, is not a vendor doing business with the City, a political committee, or a lobbyist of the City. However, a statutory provision that is implicated is Section 112.3148(8), Florida Statutes. This provision states: (8)(a) Each reporting individual or procurement employee shall file a statement with the Commission on Ethics not later than the last day of each calendar quarter, for the previous calendar quarter, containing a list of gifts which he or she believes to be in excess of $100 in value, if any, accepted by him or her, for which compensation was not provided by the donee to the donor within 90 days of receipt of the gift to reduce the value to $100 or less, except the following: 1. Gifts from relatives. 2. Gifts prohibited by subsection (4) ors. 112.313(4). 3. Gifts otherwise required to be disclosed by this section. 1 Section 112.3148(3), Florida Statutes, prohibits a reporting individual from soliciting any gift from a vendor doing business with his or her agency, a political committee, or a lobbyist who lobbies his or her agency, where such gift is for the personal benefit of the reporting individual, another reporting individual, or any member of the immediate family of a reporting individual. Section 112.3148(4), Florida Statutes, prohibits a reporting individual or any other person on his or her behalf from knowingly accepting, directly or indirectly, a gift from a vendor doing business with his or her agency, a political committee, or a lobbyist who lobbies his or her agency, if he or she knows, or reasonably believes, that the gift has a value in excess of $100. M s. Freddi M ack July 26, 2023 Page 3 (b) The statement shall include: 1. A description of the gift, the monetary value of the gift, the name and address of the person making the gift, and the dates thereof. If any of these facts, other than the gift description, are unkn own or not applicable, the report shall so state. 2. A copy of any receipt for such gift provided to the reporting individual or pro curement employee by the donor. ( c) The statement may include an explanation of any differences between the reporting individual's or procurement employee's statement and the receipt provided by the donor. (d) The reporting individual's or procurement employee's statement shall be sworn to by such person as being a true, accurate, and total listing of all such gifts. ( e) Statements must be filed not later than 5 p.m. of the due date. However, any statement that is postmarked by the United States Postal Service by midnight of the due date is deemed to have been filed in a timely manner, and a certificate of mailing obtained from and dated by the United States Postal Service at the time of the mailing, or a receipt from an established courier company, which bears a date on or before the due date constitutes proof of mailing in a timely manner. (@) I a reporting individual or procurement employee has not received any gifts described in paragraph (a) during a calendar quarter, he or she is not required to file a statement under this subsection for that calendar quarter. Essentially, Section 112.3148(8) requires public officers and employees to disclose all gifts they receive that exceed $100 in value and come from donors who are not vendors, lobbyists, principals of lobbyists, or political committees (prohibited sources). Given that you indicate the value of each ticket provided exceeds $100, and the donor is not a pro hibited source, the City Commissioners who accepted the tickets should either (1) reimburse Entity 1 for the monetary value of the tickets within 90 days of the date they accepted them, or (2) they must file a CE Form 9, "Quarterly Gift Disclosure," to disclose the ticket(s) that they accepted. The deadline to file a CE Form 9 is the last day of the calendar quarter following the calendar quarter in which the gift was received. Thus, the deadline for City Commissioners who accepted tickets would be September 30, 2023. The form is filed with the Commission on Ethics, and can be found on the Commission's website. The guidance pro vided in this letter is limited to the facts that have been provided. If there are additional material facts, or ifl have misstated them in this letter, please contact me again. The referenced statutes and advisory opinions are available on the Commission's website at www.ethics.state.fl.us. If you have any other questions about the guidance contained in this letter, please send me an email at bums.joseph@leg.state.fl.us. Ms. Freddi Mack July 26, 2023 Page 4 Sincerely, ooel €. 6ca Joseph C. Bums Attorney