Dear Friends & Colleagues,

The Ethics Commission continues to monitor the status of CS/SB 7014 that preempts local ethics commissions from self-initiating investigations into credible allegations of misconduct, including those referred by whistleblowers who fear retaliation for reporting on supervisors or elected officials. As of the date of this message, the legislation has not yet been sent to the Governor for his review. On May 15, 2024, the Ethics Commission passed Resolution 2024-01 urging the Governor to veto the legislation. The Resolution has been forwarded to the Governor’s office.

On the training front, I was privileged to provide ethics training to newly elected officials in Surfside and Homestead, and to senior staff in North Miami Beach. The two sessions on-site in North Miami Beach were very well attended. Special thanks to Surfside Town Clerk Sandra McCready, Homestead City Clerk Elizabeth Sewell, and North Miami Beach City Manager Mario Diaz, for gathering the attendees and hosting the training events.

As regards the agency’s annual budget, my staff and I presented our request for the fiscal year 2024-2025 budget to the county’s budget director and his staff. Our request to assume the employee and board financial filing and outside employment repository function that is currently the responsibility of the Elections Department was well received. The overall COE budget looks to increase to just over 3.2 million dollars and staffing will increase from 17 to 18 positions.

On enforcement cases, the Ethics Commission recently found probable cause in a case against the former Surfside Mayor that alleged he exploited public resources for campaign purposes. Also, the Commission awarded attorney’s fees to a former Miami Beach Commissioner who alleged that a local attorney filed a frivolous ethics complaint against him. 

On a personal note, this is my last Director’s Message as I have resigned my position with the Ethics Commission to return to a leadership position with the State Attorney. I will be leaving after serving the agency for a little short of six years. I am very proud of the work that the agency’s lawyers, investigators and outreach and support staff have produced during that time period. It has been a privilege to serve the community in this position. 

I encourage you to please support the next Executive Director who I am sure will build on this office’s achievements over the past few years and lead the Ethics Commission to continued successes.      

As always, thank you for your continued support.

Regards,

Jose 

Commissioners

Dr. Judith Bernier, Chair

Wifredo Gort, Vice Chair

Nelson C. Bellido Esq.

Dava J. Tunis, Esq.

Executive Director

Jose J. Arrojo, Esq.

Advocate

Radia Turay, Esq.

General Counsel

Loressa Felix, Esq.

COE Staff Attorney, Susannah Nesmith, who began her COE career as an ethics investigator and previously had a career as an award-winning journalist, has accepted an appointment to the Florida Bar Journal's Editorial Board and to the Media and Communications Law Committee.

The Media and Communications Law Committee advises and assists the editorial staff and works closely with the Journal and News staff to develop articles of current interest and concern to the profession and selects manuscripts for publication. Congratulations Susannah!

The Financial Disclosure section of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance provides that all county and municipal board members and certain designated county and municipal employees must file financial disclosure with the County’s Election Department or with their municipality’s Clerk by July 1st of each year covering the preceding calendar year. The position you hold in local government will determine what form you have to complete and whether to file it locally or with the state. This financial disclosure chart helps determine which forms need to be filed.

With the goal of assuring that these individuals adhere to the financial disclosure requirements of the Ethics Code, the COE monitors compliance as mandated by the Code and undertakes the following:

• Training board liaisons and department personnel representatives (DPRs) on financial disclosure
• Notifying all board liaisons and department personnel representatives (DPRs) to ensure the board members and County employees timely file their financial statements
• Assisting all County departments and board members by providing guidance on financial disclosure
• Contacting and assisting non-compliant board members with the intent to gain compliance
• Reminding Municipal Clerks in all 34 municipalities via memorandum of the financial disclosure requirements for their reporting board members and employees

The Ethics Commission receives lists from the Elections Department of non-compliant County filers and despite its best efforts to obtain compliance, the COE is at times obligated to contact the Miami-Dade County Commission notifying them of board members being removed from their boards due to financial disclosure non-compliance.

If you have any questions regarding the financial disclosure process you are encouraged to the COE at 305-579-2594.

This past month, COE Staff once again took part in its support of the annual Do the Write Thing Challenge (DtWT) by reading and scoring articles submitted by students from 31 area middle schools positioning themselves as community catalysts as they examine the root causes and impact of youth violence.

At a recent ceremony hosted by a local law firm, 25 students were recognized in a room filled with their parents and teachers. Each student was individually recognized and the two winners of the 2024 DtWT Challenge were announced. Both of the winners will now participate in the national recognition ceremony in Washington, D.C. in July, where they will join other middle school students from across the country to discuss the impacts of youth violence.

To get involved in this national effort that supports more than 2.5 million students in 26 communities, click here. 

Summary of the Miami-Dade Commission on Ethics & Public Trust Meetings Held on May/2024.

The Miami-Dade County Commission on Ethics and Public Trust held a public meeting on May 15, 2024. The following actions took place:

Commission Defers Decision on Formal Opinion Involving Coral Gables Commissioner

The Commission deferred its decision on whether to the adopt a draft opinion regarding prohibitions on City of Coral Gables Commissioner Melissa Castro’s outside employment given the employment involves contacts with Commissioner Castro’s city. The Commission directed staff to amend the opinion to include more cautionary guidance and provide specific industry standard practices that are prohibited under the ordinance.

Probable Cause Found in Complaint Involving Former Mayor of Surfside

C 23-53-11: The Ethics Commission found Probable Cause in a complaint filed against former Town of Surfside Mayor, Shlomo Danzinger. The complaint alleged that Mr. Danzinger violated the Exploitation of Official Position Prohibited section of the Miami-Dade County Conflict of Interest and Code of Ethics ordinance.

A COE investigation revealed that during an August 8, 2023, Town of Surfside Commission meeting, Mr. Danzinger exploited his official position while making a power point presentation where he engaged in political campaign speech and/or overt political advocacy.

No Probable Cause was found regarding two other allegations made within the same complaint. Mr. Danzinger’s motion to dismiss the complaint was denied.

Attorney Fees Granted in Case Involving South Florida Attorney

C 23-40-09: A Petition for Sanction’s and Attorney’s Fees filed by former City of Miami Beach mayoral candidate, Michael Gongora, against complainant Juan Carlos Planas, was granted. The Commission agreed that Mr. Planas filed a frivolous complaint when he alleged that then mayoral candidate Mr. Gongora failed to disclose certain event tickets that he purportedly received prior to qualifying to run as a candidate in the Miami Beach mayoral election.

Complaint Filed Against Sunny Isles Beach Mayor Found Not Legally Sufficient

C 24-06-03: A complaint filed against Sunny Isles Beach Mayor, Larisa Svechin, was found Not Legally Sufficient and dismissed. The complaint alleged that Mayor Svechin violated unspecified sections of the Miami-Dade County Ethics Code and County Citizen’s Bill of Rights, when she stated from the dais that she at no point gave any direction to forbid others to speak at an event but allegedly instructed the event holder to disallow commissioners to speak at the event on behalf of Sunny Isles Beach.

No Probable Cause Found on Complaint Filed Against Former North Miami Beach Commissioner

C 23-13-02: The Ethics Commission found no Probable Cause in a complaint filed against former North Miami Beach Commissioner, Paule Villard. The complaint alleged that Ms. Villard violated the Exploitation of Official Position Prohibited section of the Miami-Dade County Conflict of Interest and Code of Ethics ordinance by using her official position as City Commissioner to secure special privileges for herself by specifically using the police department’s Seargeant at Arms to run her personal errands and using the city’s purchasing card to pay for personal trips to Orlando and Haiti.

Miami-Dade County Commission on Ethics & Public Trust

Phone: 305-579-2594

Email: ethics@miamidade.gov

Website: www.ethics.miamidade.gov

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