2007-26700 ResoRESOLUTION NO. 2007-26700
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH
FLORIDA, TRANSMITTING TO THE MIAMI-DADE
COUNTY COMMISSION ON ETHICS AND PUBLIC
TRUST CERTAIN CAMPAIGN LITERATURE FOR
EVALUATION AND INVESTIGATION AS TO
COMPLIANCE WITH THE MIAMI-DADE COUNTY
ETHICAL CAMPAIGN PRACTICES ORDINANCE.
WHEREAS, the Miami-Dade County Commission on Ethics and Public Trust is vested
with jurisdiction to enforce the Ethical Campaign Practices Ordinance pursuant to Section 2-
11.1.1 of the Miami-Dade County Code; and
WHEREAS, "candidates, and their respective campaign staffs, for any municipal
elective office within Miami-Dade County" are included within the category of individuals
subject to the Ethical Campaign Practices Ordinance; and
WHEREAS, persons subject to the Ethical Campaign Practices Ordinance are to observe
and uphold the basic principals of a fair election, as set forth within the Ordinance's list of fair
campaign practices; and
WHEREAS, the Miami Beach City Commission has grave concerns regarding whether
the attached campaign literature constitutes a breach of both the letter and the spirit of the Ethical
Campaign Practices Ordinance; and
WHEREAS, breaches of the Ethical Campaign Practices Ordinance are clearly a matter
of great public importance to our community.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached campaign
literature is hereby transmitted to the Miami-Dade County Commission on Ethics and Public
Trust for its pvaglrulation and investigation concerning co ~~f~Ince ~y~t~ the Miami-Dade County's
Ethical Cam ai Practices Ordinance. ~ /
PASSED and ADOPTED this 17th day
ATTEST:
~~ ~,~~_
CITY CL RK Robert Parcher
Requested by Commission Michael Gongora
F:\atto\OLIJ\RESOS\Campaign Literature.doe
APPROVE D AS ~O
FORM & U-iVGUAGE
8 F(~R EXeCUTtON
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m MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO: Jorge Gonzalez, City Manager
Jose Smith, City Attorney
~: ~ .
~uU1 C~`~~~ -~ ~= , :MEMORANDUM
_,.
FROM: Michael Gongora, Commissione
DATE: October 8, 2007
SUBJECT: Resolution
As per my written request on Monday, Oct. 7th, please prepare a resolution condemning the
distributed negative campaign flyer as per my conversations with .Jean Olin. Please see flyer
attached. If you have any further questions or concerns please do not hesitate to contact my
aide, Diana Fontani at extension 6528.
MG/df
Agenda Item R G-
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Paid Political Advertisement Citizens for a Sound and Balanced ~
Citizens for a Sound and ~a[anced Miami Beach
636 51 Terrace 1; ~ ~ ~~~~~
Miami Beach 3314 ~~~
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OFFICE OF THE CITY ATTORNEY
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F L O R 1 D A
JOSE SMITH
City Attorney
October 23, 2007
Robert A. Meyers
Executive Director
Miami-Dade County Commission
on Ethics and Public Trust
19 West Flagler Street, Suite 207
Miami, Florida 33130
Re: City Commission meeting of October 17, 2007
Dear Robert,
Telephone: (305) 673-7470
Facsimile: (305) 673-7002
At its October 17, 2007 meeting, the Miami Beach City Commission unanimously
approved Resolution No. 2007-26700 requesting that the Ethics Commission investigate the
attached campaign literature as possibly violative of the County's Fair Campaign Practices Act.
The Commission further requested the Ethics Commission to investigate a purported "poll" of
voters (which was not taken by the City), as reflected in the attached email from Mr. Frank Del
Vecchio.
Please feel free to contact me should you have any questions regarding this transmittal.
Very truly yours,
cc: Robert Parcher, Miami Beach City Clerk
F:\atto\OLIJ\LTRS\Meyers Robert 10-18-07.doc
City Attorney
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139
RESOLUTION NO. 2007-26700
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH
FLORIDA, TRANSMITTING TO THE MIAMI-DADE
COUNTY COMMISSION ON ETHICS AND PUBLIC
TRUST CERTAIN CAMPAIGN LITERATURE FOR
EVALUATION AND INVESTIGATION AS TO
COMPLIANCE WITH THE MIAMI-DADE COUNTY
ETHICAL CAMPAIGN PRACTICES ORDINANCE.
WHEREAS, the Miami-Dade County Commission on Ethics and Public Trust is vested
with jurisdiction to enforce the Ethical Campaign Practices Ordinance pursuant to Section 2-
11.1.1 of the Miami-Dade County Code; and
WHEREAS, "candidates, and their respective campaign staffs, for any municipal
elective office within Miami-Dade County" are included within the category of individuals
subject to the Ethical Campaign Practices Ordinance; and
WHEREAS, persons subject to the Ethical Campaign Practices Ordinance are to observe
and uphold the basic principals of a fair election, as set forth within the Ordinance's list of fair
campaign practices; and
WHEREAS, the Miami Beach City Commission has grave concerns regarding whether
the attached campaign literature constitutes a breach of both the letter and the spirit of the Ethical
Campaign Practices Ordinance; and
WHEREAS, breaches of the Ethical Campaign Practices Ordinance are clearly a matter
of great public importance to our community.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached campaign
literature is hereby transmitted to the Miami-Dade County~~Commission on Ethics and Public
Trust for its evaluation and investigation concerning comp ~ nce the Miami-Dade County's
Ethical Campaign Practices Ordinance. ~"'"''w ~
~ _
PASSED and ADOPTED this
ATTEST:
'""""""'t~~~:.
~~-
ITY CL RK Robert Parcher
.~ .
D~av~i Derm~er
,~._..
`r~, ~ _ •~
Requested by Commission Michael U*ongord"
F:\atto\OLIJ\RESOS\Campaign Literature.doc
,APPROVED AS TO
Ft7RM & LANGUAC~E
8 FQR EXrCUTION
t -~~ ,~
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Olin, Jean
From: Frank Delvecchio [fdelvecchio@atlanticbb.net]
Sent: Tuesday, October 16, 2007 10:20 AM
To: Dermer, David; Gongora, Michael; Libbin, Jerry; Bower, Matti H.; Steinberg, Richard; Gross,
Saul; Cruz, Simon
Cc: Gonzalez, Jorge; Smith, Jose; Olin, Jean
Subject: Agenda Item R9G, Oct. 17 City Commission Meeting
Importance: High
Attachments: Phony Poll Sept. 12, 2007.pdf
LJ
Phony Poll Sept.
12, 2007.pdf ...
October 16, 2007
MEMO FOR: Mayor and Commissioners
FROM: Frank Del Vecchio, 301 Ocean Drive, Miami Beach, FL 33139
SUBJ: Agenda Item R9G, Oct. 17, 2007 City Commission Agenda - Referral to Miami-Dade
County Commission on Ethics and Public Trust
I request that the city commission consider adding an additional item to its resolution
requesting the Miami-Dade County Commission on Ethics and Public Trust to evaluate and
investigate the applicability of the County's Ethical Campaign Practices Ordinance to
certain campaign-related literature disseminated within the City of Miami Beach.
The resolution under consideration would transmit a campaign flyer recently mailed to
voters.
My request is to add to that transmittal a purported "Poll" of voter preferences in City
Commission races, Groups #4, #5, and #6, distributed via e-mail. The "poll" was
disclaimed as a City Poll by a spokesperson for the city. Attached is a copy of that e-
mail "Poll".
I suggest that the draft Resolution be expanded by adding an additional "WHEREAS" clause
following the fourth WHEREAS clause, to read as follows:
"WHEREAS, the Miami Beach City Commission has additional concerns whether the attached e-
mail, purporting to be a poll of voters, but disclaimed by the City Administration as
being a City of Miami Beach poll, is covered by and would constitute a breach of the
Ethical Campaign Practices Ordinance if attributable to a candidate or staff as defined in
Section 2-11.1.1 as referenced herein; and"
Sincerely,
Frank Del Vecchio
301 Ocean Drive, Apt. 604
Miami Beach, FL 33139
1
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Content-class: urn content-classes:message
Subject: FYI -Poll's Numbers
Date: Wed, 12 Sep 2007 14:46:47 -0400
Message-ID: <ef3dd12c0709121146n5b5dfa7bu5bceldla2ff84fb2@mail.gmail.com>
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Thread-Topic: FYI -Poll's Numbers
thread-index: Acf15o4Gf7z35XnBQaewgtKHy4BxdA==
From: "Frank Pintado" <frankpintado@gmail.com>
To: "undisclosed-recipients" <undisclosed-recipients:;>
CANDIDATES HISPANICS ANGLOS TOTALS HISPANICS % ANGLOS% GENERAL %
GROUP#4
LUIS SALOM 80 55 135 32% 22% 28%
JONAH WOLFSON 35 58 93 14% 23% 17%
UNDE 135 137 272 54% 55% 56%
TOTAL 250 250 500 100% 100% 100%
GROUP#5
MICHAEL GONGOR A 73 43 116 29% 17% 24%
EDWARD L.TOBIN 17 30 47 7% 12% 9%
UNDE 160 177 337 64% 71% 67%
TOTAL 250 250 500 100% 100% 100%
GROUP#6
LINDA GROSZ 13 12 25 5% 5% 5%
FRAN KRUSZEWSKI 8 18 26 3% 7% 4%
ELSA URQUIZA 55 28 83 22% 11% 19%
DEEDE WEITHORN 13 50 63 5% 20% 11 %
UNDE 161 142 303 65% 57% 61%
TOTAL 250 250 500 100% 100% 100%