Emails to and from J. Olin & Morris Sunshine/So. of 5th Neigh Assoc 5/6/08Page 1 of 4
Hatfield, Liliam
From: Parcher, Robert
Sent: Tuesday, May 06, 200812:10 PM
To: Hatfield, Liliam
Subject: FVU: Request for information
Please scan this in a new folder titled " 2-481 excluded Lobbyist"
Thanks
MIAMIBEACH
Robert Parcher, City Clerk
CITY CLERK'S OFFICE
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-74111 Fax: 305-673-72541 www.miamibeachfl.aov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community.
From: quality of life [mailto:qualityoflife~the-beach.net]
Sent: Tuesday, May 06, 200811:35 AM
To: Parcher, Robert
Cc: Olin, Jean; Gerald Posner
Subject: Re: Request for information
05.06.08
Dear Mr. Parcher:
In keeping with recommendations made to me by city attorney Jean Olin, I am forwarding this
information to you.
It is my intention, depending specific circumstances, to represent the South Of Fifth Neighborhood
Association (SOFNA) before various city boards and to communicate SOFNA's views to city
commissioners and city officials. Of course, on some of those occasions, I may represent only myself.
SOFNA, whose president is Mr. Gerald Posner, is anon-profit neighborhood association devoted to
protecting the quality of life of residents and businesses in the so-called South of Fifth area. I receive no
compensation for representing it. Lastly, you should also know that I am a member of the city's Beach
Preservation Committee.
Best wishes,
Morris Sunshine, Ph.D.
465 Ocean Drive, Apt. 807
Miami Beach, Florida 33139
TellFax: 305.672.9090
-----Original Message -----
From: Parcher, Robert
05/06/2008
Page 2 of 4
To: quality of life
Cc: Olin, Jean
Sent: Tuesday, May 06, 2008 7:52 AM
Subject: RE: Request for information
Good morning Doctor, again.
The person specifically excluded above from the definition of "lobbyist" shall, prior to communicating with the
subject city personnel, disclose in writing to the city clerk, their name, address, and principal on whose behalf they
are communicating.
You can email to me the information above.
Bob
MIAMIBEACH
Robert Parcher, Cify Clerk
CITY CLERK'S OFFICE
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7411 I Fax: 305-673-72541 www.miamibeachfl.aov
We are committed to providing excellent public service and safety fo all who live, work and play in our vibrant, tropical, historic community.
From: quality of life [mailto:qualityoflife~the-beach.net]
Sent: Monday, May 05, 2008 4:44 PM
To: Parcher, Robert
Subject: Request for information
Dear Mr. Parcher:
Please examine my correspondence with Deputy City Attorney Jean Olin which is shown below and tell
me what documents I must submit to your office in order to legally represent the South Of Fifth
Neighborhood Association (SOFNA) before the city commission and city boards. FYI, I am receiving
no compensation and SOFNA is anon-profit.
You could fax, email or just leave the forme at your front desk. Is an oath required?
Best wishes,
Morris Sunshine
-----Original Message -----
From: Olin, Jean
To: quality of life
Cc: Parcher, Robert
Sent: Thursday, May 01, 200810:10 AM
Subject: RE: When you have some time...
Good morning Dr. Sunshine,
First, I first want to let you know that i consider you one of the more ethically-minded residents and i always
05/06/2008
Page 3 of 4
appreciate your questions.
Second, even though you're a city board member you're permitted to lobby on behalf of SOFNA if it is either a
"non profit entity" or "neighborhood assocation", and you're not specifically compensated for the lobbying activity.
City Code section 2-459. The term "neighborhood association" is defined as "an organization of rsidential
homeowners and tenants created to address quality of life issues in a defined neighborhood or community". City
code section 2-481. (I'm not familiar with SOFNA but it appears that it probably fits fit within the definition.) So,
assuming SOFNA is a "neighborhood association" (or non profit entity) and you are not being compensated for
the specific communication, you may speak as a reprentative of SOFNA to city personnel (whether it be other city
board members, city elected officials or city employeeslofficials}with regard to future actions said personnel might
be taking.
Third, having said all of the above, the issue remains of whether you have to register as a lobbyist. if SOFNA is a
"neighborhood association" you do not have to register as a lobbyist b/c the city code specifically exempts from
the definition of lobbyist "...any person who only appears as a representative of a neighborhood association
without compensation or reimbursementforthe appearance, whether direct, indirect orcontingent, to express
support of or opposition to any item...". FYI=the city code requires that persons excluded from the definition of
lobbyist "...prior to communicating with city personnel disclose in writing to the city clerk their name, address, and
principal on whose behalf they are communicating."
S0, (assuming SOFNA is a "neighborhood association" and you're not paid for the specific lobbying
activity): bottom line is you may lobby city personnel on behalf of SOFNA, you don't need to register as a
lobbyist, and you must before communication with city personnel provide in writing to the city clerk your
name, address and that you are communicating on behalf of SOFNA.
Jean Olin
From: quality of life [mailto:qualityoflife~the-beach.net]
Sent: Thursday, May 01, 200812:57 AM
To: Olin, Jean
Subject: When you have some time...
Dear Ms. Olin:
I was not born with an ethical gyroscope that will direct me to doing good and not evil. I have to
learn right from wrong as I go along. For example, as a result of some recent legal tutoring, I decided
not to have any ex-parte contacts with members of power boards.
Yesterday, I was elected to the board of a community organization, the South of Fifth Neighborhood
Association, or SOFNA. I am also a member of the city's Beach Preservation Committee. With those
two facts in mind, it is quite plain that I cannot represent anyone but myself before a cit board such as
the HPB, or the DRB . That I understand.
Now, can I represent SOFNA's position, i.e., represent the organization in private conversation with ci
commissioners in their offices? Can I represent SOFNA wishes to city officials ,say, the Director of
Public Works or his Asst. Director in their offices?
In forming your reply, you should assume that I am trying to persuade them to do something for
SOFNA. (I don't usually meet with elected/appointed officials to pass the time of day... I want
something.)
Finally, I do not want to register as a lobbyist.
What can I lawfully do in the two situations I mentioned above?
05/06/2008
Page 4 of 4
Thanks and best wishes,
Morris Sunshine
05/06/2008