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.
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MAYOR
ATTEST:
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CITY CLERK
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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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
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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,
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Stuart R. Michelson
EXHIBIT "A"
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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 .
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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
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LAW OFFICE OF
STUART R. MICHELSON
1111 KANE CONCOURSE, SUITE 517
BAY HARBOR ISLAND, FLORIDA 33154
(305) 861-1000 FACSIMILE (305) 864-4424
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October 6, 2000
Li i 'r
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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
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STUART R. MICllliLSON... ..
cc: Jean Olin, Esq.
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OFFICE OF THE CITY ATTORNEY
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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 - ()()