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2000-24146 RESO RESOLUTION NO. 2000-24146 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO INDEMNIFICATION OF LEGAL EXPENSES TOTALING $2,273.00 INCURRED BY MIAMI BEACH CITY COMMISSIONER NANCY LIEBMAN FOR HER DEFENSE IN MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST COMPLAINT NO. 00-07; RECITING FINDINGS SUPPORTING SAID INDEMNIFICATION. WHEREAS, a complaint was filed with the Miami-Dade County Commission on Ethics and Public Trust by Leo Mena against Miami Beach City Commissioner Nancy Liebman (Complaint No. 00-07), alleging that the Commissioner had violated Miami-Dade County Code Section 2- Il.l(h) concerning unlawful disclosure of confidential information; and WHEREAS, the Complaint has been investigated, and a Public Report and Order Dismissing Complaint for lack of probable cause entered by the County Ethics Commission (Exhibit "A" attached hereto), concluding that Commissioner Liebman did not violate the confidentiality provisions of applicable law and thus did not disclose any confidential information in violation of the County Code; and WHEREAS, the City Commission fmds that the charges complained of arose out of or in connection with the performance of Commissioner Liebman's official duties and that the acts complained of further served a valid public purpose; and WHEREAS, Attorney Stuart Michelson defended Commissioner Liebman before the County Ethics Connnission, and has submitted to Commissioner Liebman his invoice representing outstanding legal expenses in the amount of $2,273.00 (Exhibit "B" attached hereto); and WHEREAS, the City Attorney has advised the City Commission that the legal expenses incurred in the defense of this matter were necessary and reasonable. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that: I. Miami Beach City Commissioner Nancy Liebman has prevailed in Miami-Dade County Commission on Ethics and Public Trust Complaint No. 00-07; 2. The charges which are the subject of said Complaint No. 00-07 arose out of or in connection with the performance of Commissioner Liebman's official duties, and the acts complained of served a valid public purpose; and 3. The legal expenses in the amount of$2,273.00 are reasonable and are thus approved for indemnification to Commissioner Liebman. PASSED and ADOPTED this 8th day of November, 2000. ~ MAYOR ATTEST: ~rw CITY CLERK ,,- f:\.l.TI'O<OU.fIIlE3-0R[II"TI'Y$Nl..lI.E/l APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ /()-20-Q'V ~ /~ STUAfIM" lit. MICHEWSON ILENE UEIIERMAN MICHELSON 0" COUNSEL Commissioner Nancy Liebman City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 LAW O""CE 0,. STuART R. MICHELSON nil KANE CONCQURSE SUIT!: 511 !lAY HARBOR ISLANDS. !"LORIDA 331S<4 c'" CC:' ;-7 . ......- ;-:J DADE (305) eOI-IOOO.."OWA"D (QS04) "07-0"0" I"ACSlMILf; (3051 80.......2.. L"li'r {" ~:: F 1(."( October 13, 2000 RE: In Re Nancy Liebman, Complaint No. 00-07 Dear Commissioner Liebman: Enclosed herewith you will find a copy of the Public Report and Order Dismissing Complaint received by me this date along with Ms. Walker's transmittal correspondence of October 12, 2000. This brings this matter to a conclusion. I note that there is a typo or a deletion somewhere between the bottom of the first page and the top of the second page of the Order. However, I fmd it to be of no consequence. It is clear that there is a finding of no probable cause and that the matter has been dismissed. I thank you for this opportunity to be of service to you. SRM/ch Encls. cc: Jean Olin, Esq. (w/enc1s.) Very best regards, ,--- ---~.,.. -._.. '.- ~- --~.._u.. ~-~--..,.::-~::.-,> .;. / Stuart R. Michelson EXHIBIT "A" . . MIAMI.DADE COUNTY COMMISSION ON ETHICS a PuBuc nusr In re: Nancy Liebman Complaint No. 00-07 / PUBLIC REPORT AND ORDER DISMJ:SSING COMPLAINT On May 3, 2000, Leo Mena filed this complaint against Commissioner Nancy Liebman ("Respondent") alleging that she had violated Section 2-11.1(h) (Disclosure of Confidential Information) by revealing resort tax information during a City of Miami Beach commission meeting. On December 15, 1999, The City of Miami Beach discussed the issue of regulating juice bars. During the discussion, the Respondent stated that juice bars were not a major source of income for the city because only two of the four operating juice bars were collecting resort taxes. ~ 213.0s3,F.S. (1999) prohibits municipalities from revealing confidential tax information. On July 25, 2000, the Advocate for the Commission on Ethics and Public Trust filed a report recommending that t9WESTftAGUltSTREETSlll'lE 228. FtORIDA331JO TEL. (J05) 375-1946 , . cause in this matter because the Respondent did not violate the confidentiality provisions of the statute. F.S.~213.053(1999) prohibits municipalities from revealing confidential tax information regarding local. option taxes. The resort tax is a local option tax established pursuant to a City of Miami Beach ordinance. However, F.S. ~ 213.053 (4) provides that the information may be published as long as particular accounts are not identified. During the discussion, the Respondent did not identify particular persons or accounts, so the Respondent did not violate the confidentiality provisions of the statute. Accordingly, the Respondent did not disclose confidential information in violation of Section 2-11.1 (h) of the Code of Miami-Dade County. Therefore, it is: ORDERED AND ADJUDGED that the complaint is hereby DISMISSED for lack of probable cause. DONE AND ORDERED by the Commission on Ethics and Public Trust in public session on September 12, 2000. MIAMI-DADE COMMISSION ON ETHICS AND PUBLIC TRUST ;5.~ . Chairperson . ,\1111" ,,'" ';0. ,,1 J .. . \ _ ,...~ ( 1), .... /J .::;"' .,J _;0......;.- ~ H l~.p ~ ~ j ~ ~~ l\ .; .t.," : ~J - ,'; ~ J"'II~~},' ~./' 'fl_ ~:J. "...'" -,'" hUll \l'" ETIUCS COMMISSIONERS Kerry E. Rosenthal, Chairperson Charles A. HaD, Vice Chairperson Elizabeth M. Iglesias Knovack G. Jones Robert H. Newman ROBERT A. MEYERS EXECUTIVE DIRECTOR October 12, 2000 MICHAEL P. MURAWSKI ADVOCATE Stuart Michelson 111 Kane Concourse Suite 517 Bay Harbor Islands, FL 33154 ARDYTH WALKER STAFFCENUAL COUNSEL Dear Mr. Mickelson: Please find enclosed the Commission's Public Report and Order Dismissing Complaint. Should you have any questions, please feel free to contact me at (305) 579-2594. h walke~ General Counsel Enclosure ~~-;~,~;: '- ',""v..-~;:<~"_':r:r..~~-kr~'r;::s-''''', ......,..~;;~.~ '-_:'~J.;,t"-:-:~':;.C~~~~. '.':st,._~:~~:'-_"~:~:-' (_~.:~~~1~~~~ ~. ",,:~~~'",.;r:'~T.J;....'::'~"iIlt I:~~~'" ~. .;:...~; :l. ,....1:;...p.... ~...' :~';::-;,}_. ,'::~ ~~i.~,~~.}>.,.~w'~~ --'---:;~~~t>-::f7,!.",' c.:-..li.7,:,.' . ~'il;-:1.::.'!.;::.~r- ,,~. ) LAW OFFICE OF STUART R. MICHELSON 1111 KANE CONCOURSE, SUITE 517 BAY HARBOR ISLAND, FLORIDA 33154 (305) 861-1000 FACSIMILE (305) 864-4424 .- CD:' .... n,- .' -;) October 6, 2000 Li i 'r -:;1':11 Commissioner Nancy Liebman City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 RE: Miami-Dade Commission on Ethics and Public Trust Case No. 00-07 in Re Commissioner Nancy Liebman STATEMENT F or professional services rendered in connection with the above-referenced matter, including but not limited to the following: DATE HOUR 7/19/00 Telephone conference with Jean Olin; telephone conference with Murray Dubbin and Commissioner Liebman; telephone conference with Ardyth Walker; review documents received from Ms. Olin; research Ethics Code provisions and Dade County Charter; telephone conference with client. 1.75 7/20/00 Telephone conference with client; telephone conference with Jean Olin; telephone conference with Ardyth Walker; research re Section 213.053 and AGO's; receipt and review Notice of Hearing. 2.20 7/21/00 Telephone conference with Jean Olin. .25 7/24/00 Telephone conference with Ardyth Walker and review rules and procedures; review Dade County Code and listen to tape of meeting received from client. 1.70 7/24/00 JW Research AGO's re tax issue. .40 7/25/00 Attend hearing; telephone conference with client. 2.20 7/26/00 Telephone conference with Jean Olin re status. .25 7/28/00 Telephone conference with Ardyth Walker and draft memo to file. .40 9/12/00 Review file and attend Probable Cause Hearing; telephone conference with client and telephone conference with Jean Olin. 2.20 EXHIBIT "B" Jean Olin, Esq. October 6, 2000 9/28/00 Telephone conference with Ardyth Walker; telephone conference with Jean Olin. .20 TOTAL ATTORNEY TIME 11.15 hours expended at $200.00 $ 2,230.00 TOTAL JW LA WCLERK TIME .4 hours expended at $60.00 $ 24.00 TOTAL FEES $ 2,254.00 COSTS INCURRED: Parking $ 19.00 TOTAL COSTS $ 19.00 TOTAL FEES AND COSTS DUE THIS STATEMENT $ 2,273.00 - ...;:::::> ~~ -'-J.<--- STUART R. MICllliLSON... .. cc: Jean Olin, Esq. 2 OFFICE OF THE CITY ATTORNEY ~ tfJlUom; 11- F L o R D A MURRAY H. DURBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. g-- rus- -0 D DATE: NOVEMBERS,2000 TO: SUBJECT: MAYOR NEISEN KASDIN, MEMBERS OF THE CITY COMMISSION MURRAY H. DUBBIN If~ CITY ATTORNEY AM INDEMNIFICATION OF LEGAL EXPENSES INCURRED BY CITY COMMISSIONER NANCY LIEBMAN IN DEFENSE OF ETHICS CHARGE. FROM: The attached resolution provides for the indemnification of legal expenses in the arnount of $2,273.00 to Miami Beach City Commissioner Nancy Liebman for her defense of ethics charges before the Miami-Dade County Commission on Ethics and Public Trust; the County Ethics Commission dismissed the subject complaint for lack of probable cause finding that there was no ethical violation committed by Commissioner Liebman with regard to statements made by her at a City Commission meeting concerning resort tax information. Accordingly, and in keeping with the common law of the State of Florida, indemnification is appropriate given that the Commissioner's conduct which served as the basis for the ethics charge was in connection with the performance of Commissioner Liebman's official duties and served a valid public purpose. lKOIkw F:\ATIO\OLU\RES-ORD\MEMOS\ATIYSNL.MEM Attachment Agenda Item C Ie 1700 Convention Center Drive - Fourth Floor __ Miami Bead Date II - <;r - ()()