2010-0727 Special City Commission Meeting

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Summary Minutes: Special City Commission Meeting July 27, 2010 Sunny Isles Beach, Florida Mayor Edelcup asked ifit isn't irrelevant to examine it under the County Ethics Code ifthe City has its own Code, why would you measure it under a weaker or a different standard. It doesn't make sense that you wouldn't use our Code to make a determination. Mr. Meyers said if a requester says he wants an opinion under the County Ethics Code, we can't say that we are going to analyze it under the City Code. It is based on the request that is presented to us. Mayor Edelcup said aren't you supposed to be a funnel to make sure when you are rendering an opinion that you are rendering an opinion based on our Code, and Mr. Meyers said no. Mayor Edelcup said then that you become irrelevant because if someone is asking you to determine whether or not there is an ethics violation, how can you measure it against a standard that isn't the City standard. Mr. Meyers said because the County standard applies to the City as well, and Mayor Edelcup said if ours is stronger, you are giving half an answer. Mr. Meyers said assuming it is stronger, you can adopt standards that are stronger, you are drawing a conclusion that it automatically is, and it would be up to them to make that. Mayor Edelcup said ifhe came to the Ethics Commission as an individual with a complaint, he would expect them to say, I have to measure it under the standard from which their complaint is being filed, and if that standard was not as strong as the County's, then you can superimpose the County's but he doesn't understand how you could, and he knows at the end of his opinion you said the County's standard is such that I am giving you an answer but the City Attorney and the City has a right to have a different standard. Mr. Meyers said he wouldn't construe with that, but in terms of, let's say that somebody has a question about their ethics, there may be even a State standard as well, and we make it very clear that we are analyzing the County Code, we may analyze under the City Code if one exists but you may have to go to the State of Florida and ask the Florida Commission on Ethics for an opinion as well, and so there is always a disclaimer in our opinions that it is being analyzed under this standard or that, we don't have the authority to analyze the State Ethics Code. In retrospect it would have been much simpler had we analyzed it under the County Code and the City Code, but he is not going to say that we automatically accept the conclusion that the law that you have on the books today is stricter than the County. Mr. Meyers said his attorney will prepare an opinion if that comes forward, and the Ethics Commission will ultimately decide what that opinion should be in light of the City standard but we don't want to waste anyone's time having to bring your City Attorney and the requester back for another go around. When it was presented to the Ethics Commission there was nothing written in front of them to vote on with respect to the City Code, and in fact he had told them that they can't rule on the City Code because that is not properly before you. In retrospect it would have been better if we had analyzed it under both standards at one meeting. Mayor Edelcup said if you did would you, and Mr. Meyers said he thinks it would have been of value to do it that way. Mr. Meyers said in terms of you reaffirming of what the intent of your legislation is, it will help them a great deal. Mayor Edelcup said he thinks it is important because you and your group of people basically stand out in the County and everyone assumes, and rightly so, that you are looking out for their best interest and trying to maintain the ethics at the highest standard possible. In this particular case it may have sent the wrong signal, and he would hope that in the future whoever came to you, you would use the standard from that area to comment under both. Commissioner Scholl said if somebody comes to you with a problem and is trying to get 4