LTC 147-2004 Termination of Jeri Goodkin - Senior Building Inspector
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. 147-2004
~
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~ ~ ~.
City Manager . 0
TERMINATION 0 JERI GOODKIN - SENIOR BUILDING INSPECTOR
Date: June 8, 2004
To:
Subject:
Jeri Goodkin, the City's Senior Building Inspector, entered into a Settlement Agreement
and entered a plea of "no contest" with the Miami-Dade County Commission on Ethics and
Public Trust for accepting outside employment that might impair her independence of
judgment as a City employee.
On Thursday, June, 2, 2004, I met with the Ethics Commission representatives and
reviewed the investigative facts.
As a result and in accordance with Miami Beach Personnel Rule I, Section 3(d)(1); Rule X,
Sections 2(a), 2(b)2, 2(b)3, 2(b)4, 2(b)7, 2(b)12, and 2(b)18; and Miami Beach City Code,
Article VII, Division 2, OFFICERS, EMPLOYEES AND AGENCY MEMBERS, Section 2-
446,2-447,2-450,2-453,2-454,2-455, and 2-457, I have signed a requestfortermination
pursuant to our disciplinary procedures. A pre-determination hearing is set for June 9,
2004 at 3:00 p.m. and termination will be effective at end of business working day (5:00
p.m.) on June 10, 2004.
If you have any questions, please contact me.
JMG\CMC\rar
F:\cmgr\$ALL\L TC-04\Terminalion GoodkinJ.CMC.rar.doc
c: Christina M. Cuervo, Assistant City Manager
Mayra Diaz Buttacavoli, Director of Human Resources and Risk Management
Phil Azan, Building Department Director
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CITY OF MIAMI BEACH
INTEROFFICE MEMORANDUM
HUMAN RESOURCES DEPARTMENT
June 4, 2004
TO:
Jorge M. Gonzalez
City Manager
Mayra Diaz Buttacavoli '--;rr~.LpCJ( \LC. 4~27a<:1-O",ocge~
Director of Human Resources and ~jsk Management
FROM:
SUBJECT:
REQUEST FOR TERMINATION
JERJ GOOD KIN - SENIOR BUILDING INSPECTOR
In accordance with Miami Beach Personnel Rule I, Section 3(d)(1); Rule X, Sections 2(a), 2(b)2, 2(b)3,
2(b)4, 2(b)7, 2(b)12, and 2(b)18; and Miami Beach City Code, Article VII, Division 2, OFFICERS,
EMPLOYEES AND AGENCY MEMBERS, Section 2-446, 2-447; 2-450; 2-453; 2-454, 2-455, and 2-457,
approval is recommended for the termination of employment with the City of Miami Beach for Jeri Goodkin,
based on the attached documentation.
MOB: GPL
Attachment
\ /
APPROVED: 1~1. "', _ . .. '-.." . .",.._
j Jorge M. Gonzalez, City Mavager
F :IHUMA\SADMlHUMASPECIDISC.ACT'A.RequestCtvt Goodkin.)en T 06,04.doc
CITY OF MIAMI BEACH, FLORIDA
Human Resources Department
DISCIPLINARY ACTION
Page 1 of 6
Date: June xx, 2004
TO Jeri Goodkin
Suspension U Name: Jeri Goodkin #15248
Reduction in Pay U Address: 9110 West Bav Harbor Dr.
Reduction in Class n Bav Harbor/s/and, F/. 33154
Removal [X] Classification: Senior Building Inspector
Status: REGULAR
You are hereby notified of recommended disciplinary action as specified above and below:
Charaes and Specifications:
Note: Specify the reasons for disciplinary action so as to place the employee fairly on his/her defense. Refer to sections 01 the
Personnel Rules when violated. Charges should be in the language specified in the Personnel Rules.
DISCIPLINARY ACTION
You are hereby removed from your position with the City of Miami Beach pursuant to and in violation of the
following:
CHARGE I Personnel Rule I. Section 3 (d)(1)
EMPLOYMENT RESTRICTIONS (1) No person who holds a position in the Classified Service of the City shall
engage in any other employment or pursue any other gainful occupation than that involved in his/her City
duties except as such other work shall be formally approved by the Appointing Officer under whom he/she
serves and by the City Manager.
CHARGE II PERSONNEL RULE X. Section 2(a)
Any Appointing Officer may remove a subordinate employee under hislher jurisdiction in the Classified Service
at any time for any cause which will promote the efficiency of the service.
CHARGE III PERSONNEL RULE X. Section 2(b)2
Has willfully violated any of the provisions of the Civil Service Act or of these Rules or Work Rules, or has
attempted to or does, commit any act or acts intended to nullify or mitigate ant of the provisions thereof.
CHARGE IV PERSONNEL RULE X. Section 2(b)3
Has been guilty of conduct unbecoming an employee of the City.
CHARGE V PERSONNEL RULE X. Section 2(b)4
Has violated any lawful and reasonable regulation or order, or failed to obey any lawful or reasonable direction
made and given by a superior where such violations or failure to obey has or might result in loss or injury to the
City, the public, or to persons or property in the custody of the City.
Distribution: Original: -Human Resources Department
Copies: -Employee -Department .Payroll -Compensation -Benefits -Recruitment -Disciplinary Action File
CITY OF MIAMI BEACH, FLORIDA
Human Resources Department
DISCIPLINARY ACTION
Page 2 of 6
Date: June xx, 2004
TO Jeri Goodkin
CHARGE VI PERSONNEL RULE X, Section 2(b)7
Has been guilty of acts which amount to insubordination.
CHARGE VII PERSONNEL RULE X. Section 2(b)12
Has violated the provisions of the Conflict of Interest Ordinance of the City of Miami Beach.
CHARGE VIII PERSONNEL RULE X, Section 2(b)18
Has been guilty of actions which amount to disgraceful conduct while on or off duty.
CHARGE IX Miami Beach City Code, Article VII. Division 2, OFFICERS, EMPLOYEES AND
AGENCY MEMBERS
Sec. 2-446. Declaration of policy. It is the policy of the city commission that no officer or employee of the
city, or any of its agencies or subdivisions, and no member of the city commission, shall have any interest,
financial or otherwise, direct or indirect, or engage in any business transaction, or professional activity, or
incur any obligation of any nature that is in substantial conflict with the proper discharge of his duties in the
public interest. To implement such policy and strengthen the faith and confidence of the people of the city
in their govemment, there is enacted a code of ethics, setting forth standards of conduct to be observed by
all city officers and employees in the performance of their official duties. It is the intent of the city
commission that this code shall serve not only as a guide for official conduct of public servants in this city,
but also as a basis for discipline of those who violate the provisions of this article.
Sec. 2-447. Penalties for violation of division.
Violation of any provision of this division shall constitute grounds for dismissal from employment, or
removal from office, or other penalty as provided by law.
Sec. 2-450. Disclosure of interest in business entity.
(a) If a public officer or employee of the city directly or indirectly (via participation in any type of
business entity) has or holds any employment or contractual relationship with any other
business entity which the officer or employee knows or with the exercise of reasonable care
should know, is doing business with the city, and which relationship is otherwise permissible
under state and county ethics law, he/she shall file a swom statement with the city clerk
disclosing, (consistent with relevant privilege exemptions) the specific nature of employment
and interest in such business entity as well as commencement date of the subject employment
or contractual relationship and (if applicable) term of such relationship. The city clerk shall
publish logs on a quarterly basis reflecting the disclosure forms referenced herein.
Distribution: Original: -Human Resources Department
Copies: -Employee -Department -Payroll -Compensation -Benefits -Recruitment -Disciplinary Action File
CITY OF MIAMI BEACH, FLORIDA
Human Resources Department
DISCIPLINARY ACTION
Page 3 of 6
Date: June xx, 2004
TO Jer; Goodkin
Sec. 2-453. Outside employment.
(a) No officer or employee of the city shall accept other employment that might impair his
independence of judgment in the performance of his public duties.
(b) No officer or employee of the city shall receive any compensation for his services from any source
other than the city of which he is an employee, except as otherwise provided by law.
Sec. 2-454. Transacting business with business entities in which employee or officer has interest;
restrictions on personal investments.
(a) No officer or employee of the city shall transact any business in his official capacity with any
business entity of which he is an officer, director, agent or member, or in which he owns a controlling
interest.
(b) No officer or employee of the city shall have personal investments in any enterprise that will create
a substantial conflict between his private interests and the public interest.
Sec. 2-455. Procedure by officer or employee when in doubt as to applicability of division.
When any officer or employee of the city is in doubt as to the application of this division as to himself, he
may submit to the attorney general a full written statement of the facts and questions he has. The attorney
general may then render an opinion to such person, and shall publish these opinions without use of the
name of the person advised unless such person requests the use of his name.
Sec. 2-457. Voidability of prohibited transactions; procedure upon reports of violations.
(a) Void and voidable transactions. Any contract, agreement or business engagement entered into in
violation of this division shall render the transaction void where so provided in the Charter; otherwise, the
same shall be voidable. Willful violations of this division shall constitute a malfeasance in office, whether
elected or appointed, and shall effect forfeiture of such office or position pursuant to the method set forth in
this division.
(b) Charges and hearings.
(1) Any classified employee of the city accused of a violation of the provisions of this division shall be
removed as such employee by his appointing officer if, after investigation by such appointing officer, such
accusation appears to be true. Written charges shall be preferred against such employee, as provided for
by the personnel rules of the city.
Distribution: Original: -Human Resources Department
Copies: -Employee -Department .Payroll -Compensation -Benefits -Recruitment -Disciplinary Action File
CITY OF MIAMI BEACH, FLORIDA
Human Resources Department
DISCIPLINARY ACTION
Page 4 of 6
Date: June xx, 2004
TO Jeri Goodkin
SPECIFICATIONS
You have been guilty of conduct unbecoming an employee of the City and acts which amount to
insubordination. You have violated the provisions of the Conflict of Interest Ordinance of the City of Miami
Beach, violated lawful and reasonable regulations of the City and County, and violated directions given by a
superior where such violation has or might result in injury to the City.
In the latter part of 1999 and early 2000, you undertook a renovation project for an amount of $32,000, through
a corporation called Construction Works, Inc., for which you were the sole officer (Exhibit s 1 & 2). You hired,
supervised, and paid several contractors all of whom had open permits in the City of Miami Beach. You had
enforcement authority over those contractors at the same time you were employing them.
You violated the City of Miami Beach Code Section 2-453, entitled Outside Employment, by accepting outside
employment that might impair your independence of judgment. You also violated the corresponding Miami-
Dade County Ordinance, 2-11-1 OJ which prohibits accepting outside employment which would impair judgment
in the performance of public duties. You violated Miami-Dade County Code Section 2-11.1 OJ (1) and (2) by
failing to file a financial disclosure form no later than noon of July 1, 2001. You further violated Miami-Dade
County Code Section 2-11.1 (k) (2) entitled prohibition on outside employment. You failed to file the report by
noon July 1, 2001. Attached are full reports prepared by the Miami-Dade County Commission on Ethics and
Public Trust dated October 15, 2003, (Exhibit 2) and November 2003, (Exhibit 1) providing a comprehensive
background and description on the above noted matter.
On or about December 4,2000, you formed a Florida for-profit company called MultiQual, Inc. You were and
are the sole officer in that company and are listed as the president in the Department of State corporate
records. On or about December 16, 2002, you filed articles of incorporation for a limited liability company called
Multiple Qualifications, LLC with the Florida Department of State. You are listed as the sole officer/manager of
the company. On June 23, 2003, Multiple Qualification, LLC began an investment relationship with a company
called Boni Real Estate, LLC and owner Sabah Nissan, owner of property at 524 Ocean Drive, whom the
Building Department and you have enforcement authority over. (Exhibit 3)
You, through Multiple Qualifications', established investment relationship with the real estate company noted
above, violated the City of Miami Beach Code Section 2-453, entitled Outside Employment, by accepting
outside employment that might impair you independence of judgment. You violated the corresponding County
Ordinance, 2.11OJ which prohibits accepting outside employment which would impair judgment in the
performance of public duties.
You violated County Code Section 2-11-1 (1) entitled Prohibited Investments. You had a personal investment in
an enterprise(s), (Multiple Qualifications and MultiQual) and those enterprises were financed substantially by
Sabah Nissan, the manager of Boni Real Estate, LLC, whose property at 524 Ocean Drive was undergoing
renovation, which was subject to the Building Department's enforcement authority.
You violated County Code Section 2-11.1 (k) (2), entitled prohibition on outside employment, by failing to report
Distribution: Original: -Human Resources Department
Copies: -Employee -Department .Payroll -Compensation -Benefits -Recruitment .Disciplinary Action File
CITY OF MIAMI BEACH, FLORIDA
Human Resources Department
DISCIPLINARY ACTION
Page 5 of 6
Date: June xx, 2004
TO Jeri Goodkin
your involvement with MulitQual, no later than July 1,2001 for the previous year, and again failed to report your
involvement with MultiQual no later than July 1, 2002 for the previous year. You further violated County Section
2-11.1 (k) (2), for failing to report your involvement with Multiple Qualifications, LLC no later than noon on July
1, 2003. Attached is a copy of the full report prepared by the Miami-Dade County Commission on Ethics and
Public Trust dated April 2004 providing a comprehensive background and description on the above noted
matter. (Exhibit 3)
You were suspended from your position on December 24, 2002 (Exhibit 4). In your previous suspension, you
were advised that any future violations of rules and regulations may result in further disciplinary action up to
and including termination of employment with the City of Miami Beach.
THEREFORE, BASED ON THE ABOVE CHARGES AND SPECIFICATIONS YOU WILL BE REMOVED
FROM YOUR POSITION WITH THE CITY OF MIAMI BEACH.
If you wish to review this action with me prior to your termination, you may discuss your reasons with
me at 3;00 PM on Wednesday, June 9TH, 2004, in my office.
Signed:
Office Location:
The opportunity to respond in writing is provided below:
EMPLOYEE'S RESPONSE:
This is to become effective on the 10th, day of June, at 5;00 PM.
(Date must be subsequent to the service of this notice)
Distribution: Original: -Human Resources Department
Copies: -Employee -Department -Payroll -Compensation -Benefits -Recruitment -Disciplinary Action File
CITY OF MIAMI BEACH, FLORIDA
Human Resources Department
DISCIPLINARY ACTION
Page 6 of 6
Date: June xx, 2004
TO Jer; Goodkin
NOTICE SERVED UPON
FOR THE BUILDING DEPARTMENT
Signature:
(Name of Employee)
By Mail_ Personally
ByFax_ #
Via
FOR THE HUMAN RESOURCES DEPARTMENT
This the
day of
.2004
Signature - /:~.-k.C'. A,~~~~d.. .
Mayra Diaz Buttacavoli
Director of Human Resources & Risk Management
At AM/PM.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
f].-~~ v/.?Aw
City Attorn Date
Distribution: Original: -Human Resources Department
Copies: -Employee -Department -Payroll -Compensation -Benefits -Recruitment -Disciplinary Action File