LTC 333-2009 The New Ethics Beat - Newsletter of the Miami-Dade County Commission on Ethics and Public Trust.~11AM1 BEACH
OFFICE OF THE CITY MA<\AGE4
n~o. ETC # 333-2009 LETTER TO COMMISSION
ro Mayor Matti H. Bower and Members of the City Commission
FROM. Jorge M. Gonzalez, City Manager r. ,-~
DATE: December 2, 2009
sus~l-cr THE NEW ETHICS BEAT -NEWSLETTER OF THE MIAMI-DADE
COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST
Attached for your perusal is a copy of The New Ethics Beaf.
JMG/R
Cc: Hilda Fernondez, Assistant City Manager
Jorge Gomez, Assistont City Manager
Robert Middaugh, Assistant City Manager
Dolores Mejia, Special Projccfs Coordinator
Jose Smith, City Attorney
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Ethics & Media Conference Fall 2009
draws crowd and rave reviews
wsIDE TMs IssuE
As technology rapidly changes how information is ex- 1 Ethics and the Media Conference
changed and who delivers it, more than 150 represents- ---
lives of the news business, government, politics, academia 2 Executive Director's Corner
and the law discussetl topics related to Ethics and the Me- i
dia at a day-long conference at the University of Miami on
~ Beat Bit
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October 16 The event was sponsored by the Commission
on Ethics and Pi rhlic Trust, uM's School of Communication 3 ~ he Cam
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and the Society of Pro- p
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fessional Journalists.
4 UVOrds to the Wise
It featured more than two
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and Broward County dis- ~
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cussing topics focusing ~
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; and Perception; The Re- ~
vondng Door beteveen
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tiF .1 ThP Anroaranra nI fm.
Syndicated columnist Leonard 5ntears and Medra Ma-
Pitts Jr, encouraged participants nipulation.
at fhe Ethics 8 the ARedia Confer-
ence to question fhe source of facts One of the biggest draws
from altemafive media sources as was keynote speaker
weff as Irorn cable T V and radio Leonard Pitts, Jr. The
talk show hosts. Photo by Carbs Pulitzer Prize-winning
syntlicated columnist
discussed how truth is being manipulated for political and
philosophic gain, threatening rational tlebate on issues criti-
cal to our nation's future.
The conference illustrates one of the key missions of the
Ethics Commission -bringing valuable information and de-
bate to different sectors of our community. A conference
on issues relating to public procurement is in the works for
2010.
THE NEW ETHICS BEAT
BEAT BITS Executive Director's Corner
Can we talk? Not just a "slap on the wrist"
The notion of the punishment fitting the crime is
What is being done to make local a principle of justice that argues for a propor-
govemment officials more account- tional penalty based upon the type of offense. In ~
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able and how can you get involved? ^
the case of ethics enforcement, there is the ten- ~
.
Find out by inviting a representative
of the Ethics Commission to your dency to perceive that those who violate ethics ''
rules receive nothin
more than
l
t
~- '
g
a s
ap on
he
organization's next gathering. As wrist. Equally disturbing is the labeling of ethics
~,
part of its emphasis on community
outreach and education, the Ethics ;
commissions as "paper tigers." Robert Meyers
Commission offers speakers for any It is relatively easy to jump to the conclusion that most ethics
professional, civic, religious or social ~ boards lack the sanctioning authority to satisfy the bloodthirsty
group. public; but these criticisms generally miss the mark. Ethics com-
Your members can learn about the ' missions are not law enforcement or criminal justice agencies
and do not have arrest powers. Consequently, the sanctions that
safeguards and oversight mecha- ethics boards can impose are non-criminal in nature. However,
nisms Miami-Dade County has some ethics codes, including Miami-Dade County's. provide the
adopted in the past decade to ensure State Attorney with concurrent jurisdiction to file criminal misde•
tax dollars are spent properly. You'll meanor charges against those who run afoul of the ethics laws.
hear what is being done to discipline As a general rule, removal from office or position is not an option
county and city politicians and em- for one of two reasons: 1) elected officials are usually removed
ployees who act unethically. The from office only when charged with a felony crime, and 2) ethics
presentation -which can be custom- commissions do not act as personnel boards.
ized for each organization -includes
discussion of steps being taken to Adverse publicity for one who is accused of ethics infractions
create more open, competitive, trans- should not be minimized as an effective sanction. The proceed-
parentand fair local government ings of an ethics commission typically generate media interest,
practices and processes. and a rating of unethical behavior by an ethics board may have a
bearing on the public official's reputation in the community and
To reserve a speaker, call Robert could be sufficiently stigmatizing to act as a deterrent. Similarly,
Thompson at 305-350-0630 ore-mail the financial impact of a finding of guilt by an ethics tribunal. al-
robthom@miamidade.gov. though unlikely to be financially devastating. is not inconsequen-
tial for one charged in a muRiple count complaint. Assessing a
HOtllne OpefatOfS ate civil penalty or ordering restitution can be costly to the guilty party
standing by! aswe°.
Another mechanism to punish one who violates the ethics laws is
Do you know about unethical behav- forcing the wrongdoer to relinquish the profits gained from the
for among government officials ? unethical act. Where disgorgement of profits is not an option, a
Call the Miami-Dade Ethics Commis- party may find it worth paying a small fine to reap a large gain. If,
Sion hotline at 786-314-9560 to re- however, the offender is forced to surrender the profits from the
port it -anonymously, if you prefer. unethical enterprise, the potential windfall vanishes as a reason
',
The hotline is continuously monitored to engage in financial improprieties.
by experienced investigators who
want to hear aboutwrong-doing Ethics enforcement is a crucial element of any government's anti-
among politicians and employees of corruption strategy, but it must not be compared with the more
Miami-Dade County and all of the ~ traditional methods of prosecuting corrupt public servants. Since
municipalities. jail time and other penal sanctions will never be part of an ethics
commission's arsenal, it is imperative that policymakers recog-
Ca11786-314-9560 any time. i nize the importance of granting these agencies with sufficient
--- muscle to accomplish their missions.
THE NftN ETHICS BEAT
Ethics on the campaign trail
The Miami-Dade Commission on Ethics antl Public Trust is dedi-
cated to etlucating politicians and voters on clean government. To
that end. the agency sponsors Campaign Skills Seminars for candi-
dates and their staffs and Ethics Forums for voters. Several of those
events were held this fall.
Elections in some of the County's largest cities drew curious voters
to hear candidates explain how they would clean up the activities
and perception of local government. Rather than focus on issues
common to other debates, questions posed during the Ethics Fo-
rums covered potential conflicts of interest, the role of lobbyists or
other special interests in government, accountability in procurement, public campaign financing, ethical
leadership and how to improve citizens' confidence in local leaders.
_' h4. All but one candidate running for mayor and four city
il
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~ counc
seats
n Homestead participated in an
_
, -! Ethics Forum at the Branch Library on September 23.
°' Miami-Dade College Professor Emeritus Michael Lena-
-' ' c,,
_..~,Y,,,,, ~ ghan moderated the event.
Several dozen Miami Beach voters gave up their eve-
`__ _ Wing October 7 to hear from candidates for mayor and
three city commission posts. Retired Miami-Dade
~ County Attorney Murcay Greenberg presided over the
~' .w
~ event at the Miami Beach Botanical Garden.
Etna`, r n ~~ ~ , erce~ ,~r. nirec!u rube, r
Meyers sets n o yrounct rules !or oaicc sueaers of More than 120 social science students got a real life les-
Nre Miami Beach Boranica! Garden. son in poldics when five candidates for office in Miami-
Dade's largest city discussed how they would clean up
Miami govemment. Annie Betancourt, a former Florida
State Representative and ahigh-ranking officer in both the Miami-Dade and Florida chapters of the
League of Women Voters, served as moderator of the Ethics Forum at Miami-Dade College's Wolfson
Campus October 21.
Those running for office or contemplating a
political campaign had two chances to
learn how to stay out of trouble - at semi-
nars in Hialeah in August and in Home-
stead in September. In addition to presen-
tations on Fair Campaign Practices by the
Ethics Commission, valuable information
was provided by representatives of the
Miami-Dade Elections Department and the
Miami-Dade State Attorney.
During the year ahead, voters will take part
in dozens of municipal, county and school
board elections as well as choose candi-
dates for a number of state and federal races, including governor and U.S. Senator. The Ethics Com-
mission is already planning to hold Campaign Skills Seminars and Ethics Forums in the coming months
of 2010. Look for dates, times and locations at our website: MiamiDadeEthics.com.
a THE NBi:~ EI HICS BEAT
WORDS TO THE WISE THE COMMISSION
Private Jet Travel Kerry E. Rosenthal. Chair
An elected city official who accepted travel on a private jet Dawn Addy, Vice Chair
while he was in Washington for city business asked if he Judge Seymour Gelber
must disclose the travel as a gift. The person who offered
the trip was a personal friend and not a city vendor. Magda Abdo-Gomez
Erica Wright ~
The Ethics Commission confirmed that, in this case, private
air travel was a reportable gift. Under the plain meaning of
the County gift ordinance, the elected official had not paid Robert Meyers,
adequate consideration for the ride. Additionally, since the Executive Director
elected official exercised complete control over the use of
the gift, it could not be argued that it was a gift to the city.
CONTACT
To conespond with State gift disclosure laws, the Ethics
Commission agreed to equate the cost of a flight on a pri- phone: 305-579-2594
vale jet to the price of an unrestricted commercial coach
fare. Fax 305-579-0273
The Ethics Commission also reiterated that government
officials and employees who receive frequent flyer miles as email: ethics@miamidade.gov
a result of traveling on government business must report
the miles as a gift if the value is greater than $100. Simi- Anonymous 24-Hour Hotline:
tarty, an upgrade by a commercial airline to a higher class 786-314-9560
of travel is a reportable gift if the value is $100 above the
purchase price of the ticket. Request a Speaker:
305-350-0630
This issue is fully discussed in ROO 09-04.
Website:
Mandatory Training for vvww.MiamiDadeEthics.com
County Advisory Boards
Editor,
All members of Miarni-Dade County Advisory Boards must Rhonda Victor Sibilia
receive ethics training. Sessions take place one Wednesday i rhonda@MiamiDade.gov
per month, at 8:30 a.m. or at Noon. The fill schedule and a
reservation form can be found on the Ethics Commission
websilc. MiamiDadeEthics.com.
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f 1 ~~,~ ~~ ' ~:~ a ~r~ '" ~''' "Relativit a lies
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