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<br /> <br />City Commission <br /> <br />Norman S. Edelcup <br />Mayor <br /> <br />Roslyn Brezin <br />Vice Mayor <br /> <br />Gerry Goodman <br />Commissioner <br /> <br />Danny Iglesias <br />Commissioner <br /> <br />Lewis J. Thaler <br />Commissioner <br /> <br />A. John Szerlag <br />City Manager <br /> <br />Hans Ollinol <br />City Attorney <br /> <br />Jane A. Hines <br />City Clerk <br /> <br />- <br /> <br />June 1, 2006 <br /> <br />~ <br /> <br />Lynn M, Dannheisser, Esq. <br />Gunster Yoakley & Stewart, P.A. <br />500 East Broward Blvd., Suite 1400 <br />Fort Lauderdale, FL 33394-3076 <br /> <br />Via Fax & U.S. Mail. <br /> <br />Re: Two (2) Years Service Ban <br /> <br />Dear Lynn: <br /> <br />Thank you for your memorandum of law regarding the two (2) years service ban for <br />former employee of the City of Sunny Isles Beach. I have reviewed the memorandum, <br />Unfortunately, I cannot agree with the conclusion in the memorandum. <br /> <br />In addition to the restrictive lobbyist legislation adopted by the City, the City's Conflicts <br />of Interest and Code of Ethics Ordinance prohibits a former employee from representing <br />a client before the City Commission except where two (2) years have elapsed from the <br />date of resignation from employment with the City. Specifically, Sections 33-3(P)(2) <br />provides that a former employee cannot "lobby any City Officer or employee in <br />connection with any judicial or other proceeding, application,............" for a period of <br />two (2) years from the date his/her resignation. (emphasis added) <br /> <br />As you know, a lobbyist is defined as any individual or firm employed by a principal <br />who seeks to encourage the passage or defeat of a decision of the City Commission. <br />See, Section 33-2(A) of the City Code. Please note there is no quasi-judicial exception <br />for attorneys under the City Code. The City Code is the controlling law, not the County <br />Code. Thus, it clearly appears that your representation of a client before the City <br />Commission in a quasi-judicial matter is not permitted under the City Code. If it is your <br />desire to representative clients before the City Commission, I strongly suggest that you <br />discuss the need for a quasi-judicial exception with the policy makers. <br /> <br />I trust this letter is responsive to your question. For your convenience, I have attached a <br />copy of th~onflicts of Interest and Code of Ethics Ordinance. <br /> <br />ceW <br /> <br /> <br />Attachment: <br /> <br />cc: John Szerlag, City Manager <br />Jorge Vera, Assistant City Manager <br />Patricia Saint Vii-Joseph, Deputy City Attorney <br />