Dear Friends & Colleagues,

As the summer comes to an end, the first round of local elections has taken place, next fiscal year’s budgets are approved, and the Ethics Commission welcomes a new member and meets again after its August recess. Consequently, this is very busy time for the Ethics Commission.

In support of candidates for public office and newly elected officials, Ethics Commission lawyers continued to provide clean campaign training, on site in North Miami Beach in partnership with its City Clerk and the County’s Election Department. Ethics training for recently elected officials also continued in Hialeah, West Miami, and Bay Harbor Islands. New District 10 County Commissioner Anthony Rodriguez and his staff got an early start, requesting, and receiving ethics training in their district in Westchester. Special thanks to his staff for hosting the training.

Of particular note, regarding training and outreach, the Ethics Commission led a special Town Hall meeting in Surfside during which members of that community received ethics training and were able to ask questions regarding the application of local ethics and public meeting laws. Special thanks to the Surfside staff who hosted the meeting and broadcast it live and of course, to civically engaged members of the community who came out in the evening to meet in person. Kudos to those in attendance.

After first and second meetings, the County’s budget was approved. The Ethics Commission’s budget of just under $3 million  was approved by the Board of County Commissioners as part of a $10 billion overall budget. The Ethics Commission starts the year with 17 staff members and continues to provide service to the County, its 34 cities, and Jackson Health Services with one of the smallest budget allotments in the County.

Just prior to the Ethics Commission’s last meeting, Chief Judge Nushin Sayfie swore in returning Commissioner Nelson Bellido and newly appointed Commissioner Keith Rizzardi, a law professor at St. Thomas University, who fills the rotating law school position on the Ethics Commission.  

On the enforcement front, the Ethics Commission recently sanctioned a County water and sewer department supervisor for using County resources to store personal property and direct a subordinate to perform personal tasks for him. Regrettably, the use of public resources for private transactions continues to be a blemish on local public service. The Ethics Commission will continue to address this undesirable practice in its upcoming meetings.

In the coming weeks, several hundred judges, lawyers, elected officials and community leaders will again fan out across Miami-Dade County to talk to high school students about ethical governance and encourage civic engagement on Ethical Governance Day, October 18, 2022. Special thanks to all the volunteer speakers and to School Board Chairperson Dr. Perla Tabares Hantman for sponsoring the Ethical Governance Day resolution before the School Board and for the members of the School Board for their support.

Also, in coming weeks, across the tri-county area, the Ethics Commission will be partnering with municipal attorneys in several continuing education lectures that will explore the impact of the revision to Florida’s Constitution prohibiting lobbying by local government elected officials. Statutes implementing the Constitutional prohibition become effective in December 2022.

Thank you all for your continuing support.

Best regards,

Jose

Commissioners

Dr. Judith Bernier, Chair

Wifredo Gort, Vice Chair

Nelson C. Bellido Esq.

Judge Lawrence A. Schwartz

Keith W. Rizzardi, Esq.

Executive Director

Jose J. Arrojo, Esq.

General Counsel

Martha Perez, Esq.

Advocate

Radia Turay, Esq.

Next month, after two years of virtual presentations, The Miami-Dade County Commission on Ethics and Public Trust (COE) in collaboration with Miami-Dade County Public Schools (MDCPS), will again facilitate the introduction of hundreds of civic leaders into local high school classrooms to address students on the importance of civic participation and engagement as a means to ensure ethical governance and support for our democracy.

More than 150 speakers have already committed to taking part in this annual event now celebrating its 11^th year of partnership with MDCPS.

The COE is excited to share highlights of this exciting event in an upcoming issue.

At an oath of service ceremony administered by the Chief Judge of the Eleventh Judicial Circuit, Nushin Sayfie, newly appointed COE Commissioner Keith W. Rizzardi, and current COE Commissioner Nelson C. Bellido were sworn into their positions on the board.

Commissioner Rizzardi was appointed to fill the St. Thomas University appointment on the COE board replacing the former St. Thomas University Law School Dean, Tamara Lawson who left the Commission after accepting a position as Dean of the University of Washington School of Law in Seattle.

“Ethics and open government policies serve a critical role in maintaining public trust,” maintains Professor Rizzardi. “I look forward to working with both the citizens and their public officials, and I am honored to serve as part of the Ethics Commission.”

Keith W. Rizzardi joined the St. Thomas Law faculty in 2011 after years of government service as a trial attorney for the U.S. Department of Justice Environmental and Natural Resources Division and as a managing attorney for the South Florida Water Management District. An accomplished litigator, he has argued cases before the Florida Supreme Court and in Federal district and circuit courts from coast to coast. He also has served as Chairman of the U.S. Marine Fisheries Advisory Committee.

As an active member of the Florida Bar, and a Board-Certified Specialist in State & Federal Administrative Practice, Commissioner Rizzardi twice chaired The Florida Bar Government Lawyer Section and served on the bar’s ethics and professionalism committees. His scholarship in legal ethics and lawyer regulation qualified him as an expert witness in a malpractice matter. He volunteers as an ombudsman for the U.S. Department of Defense, helping military service members and their civilian companies to resolve employment related disputes.

Commissioner Rizzardi is a graduate of the University of Virginia (B.A. 1991), University of Florida (J.D. 1994) and Florida Atlantic University (M.P.A. 1998).

Commissioner Bellido was first appointed to the Ethics Commission by then Chief Judge of the Eleventh Circuit, Joel Brown, in July 2010. Commissioner Bellido is a managing partner in a Miami-based law firm, a former adjunct professor of Business Law at Florida Memorial College and worked with the Miami-Dade State Attorney's Office from 1993 to 1997. He is a past Director of the Cuban American Bar Association, past president and director of the League of Prosecutors and has been serving on the Miami-Dade County Fair and Exposition Inc.’s board of directors since 2007.

“It is a true honor to continue to serve as the Chief Judge’s appointment to the Ethics Commission,” stated Commissioner Bellido. “There is no higher honor than to serve others and I am humbled to continue to serve the residents of Miami-Dade County on the Ethics Commission. I am thankful to serve alongside other well-qualified and professional commissioners and congratulate the Miami-Dade Commission on Ethics & Public Trust’s leadership and staff for the service that they perform upholding the Ethics Code and ensuring the integrity of electoral process and the governmental decision-making process.”

Commissioner Bellido received his Juris Doctor from the University of Florida College of Law and earned an undergraduate degree in Political Science and History with emphasis on Latin American History from Duke University.

COE Staff Attorney Loressa Felix has been selected for the Florida Bar’s Leadership Academy Class of 2022-2023. The Academy aims to build relationships among Bar leaders across disciplines within the profession and raise the level of awareness and engagement among lawyers regarding issues facing the legal profession through the study of ethical, professional, and public service issues. Fellows are selected based on their previous accomplishments and current potential. As a fellow, Ms. Felix will participate in educational and leadership programs and attend Florida Bar networking events throughout the year. Congratulations Loressa!

County Mayor Daniella Levine Cava recently sent an e-mail to all County employees seeking those able and willing to volunteer to provide much-needed support at the Animal Services Department (“ASD”) animal shelter in Doral. COE Staff Attorney Drew Bunker had previously volunteered with the Humane Society in Columbus, Ohio, and so, after discussing the matter and receiving the support of the COE Executive Director, he volunteered to assist at the shelter.

Having previously volunteered with animals, Drew knew that he worked better with cats, so the shelter supervisors put his skills to use by having him partner with one of the ASD employees who was assigned to clean and restock the cat intake pens. This involved replacing used litter boxes, as well as replacing food and water as needed. In addition to his work in the feline section of the shelter, he also helped transport dogs to and from the surgical clinic as needed. “It was a pleasure to work with the animals at the Doral animal shelter and work to support the mission of a fellow County Department,” said Drew.

If you are interested in volunteering with ASD, you can contact them via e-mail at: volunteerasd@miamidade.gov.

Summary of the

Miami-Dade County Commission on Ethics & Public Trust

Meetings Held on

September 14, 2022

The Miami-Dade County Commission on Ethics and Public Trust held a public meeting on September 14, 2022. The following actions took place:

Probable Cause Found in Case Involving County Water and Sewer Department Supervisor

C 22-49-08: Miami-Dade County Water and Sewer Department Supervisor (WASD), Ariel Casanueva, stipulated to a finding of Probable Cause and entered into a settlement agreement for violating the Exploitation of Official Position section of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance. Mr. Casanueva will be issued a Letter of Reprimand and required to pay a fine in the amount of $500.

The ethics violation was reported to the WASD Department Director. A COE investigation revealed that Mr. Casanueva stored personal equipment in a County facility and directed his subordinate County employee to clean his (the respondent’s) personal vehicle on the County property, during the employee’s paid workday.

Complaint Filed Against Bay Harbor Islands Town Officials Found Not Legally Sufficient

C 22-31-06: A complaint filed against Joshua Fuller, the Mayor of Bay Harbor Islands (BHI), Robert Yaffe, Councilman for BHI, Issac Salver, Councilman for BHI, and Jordan Leonard, former Councilman for BHI was found to be Not Legally Sufficient and dismissed. The complaint alleged that all four respondents ignored the Right to be Heard section of the Citizen’s Bill of Rights when the complainant was allegedly not afforded the opportunity to speak at a BHI Town Council Meeting.

Probable Cause Found in Case Involving Miami-Dade County Police Complaint Officer

C 22-50-09: Miami-Dade County Police Complaint Officer, Randi Irizarry, stipulated to a finding of Probable Cause and entered into a settlement agreement for violating the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance. Ms. Irizarry will be issued a Letter of Instruction and required to pay a fine in the amount of $500.

A COE investigation revealed that Ms. Irizarry failed to file outside employment statements as required by the ordinance despite conducting business selling products and/or providing services of a spiritual nature.

Complaint Filed Against Town of Surfside Mayor Dismissed, Other Withdrawn

C 22-36-07, C 22-37-07: A complaint filed against Town of Surfside Mayor Shlomo Danzinger was found Not Legally Sufficient and dismissed. The complaint alleged a violation of several provisions of the Citizens’ Bill of Rights when Mayor Danzinger allegedly intentionally manipulated the presentation of a Beach Furniture Ordinance to prevent residents from speaking about the item during the public comment portion of the meeting.

A second complaint filed by the same Town of Surfside resident against Vice-Mayor Jeffrey Rose alleging a violation of the Conflict of Interest and Code of Ethics.

Complaint Filed Against North Miami Beach City Manager Found Not Legally Sufficient

C 22-38-07: A complaint filed against North Miami Beach City Manager Arthur Sorey was found Not Legally Sufficient and dismissed. The complaint alleged that Mr. Sorey violated the Truth in Government section of the Citizens’ Bill of Rights when he allegedly circulated false information in a public email.

Complaint Filed Against Former County Commission Candidate Found Not Legally Sufficient

C 22-41-08: A complaint filed against then-County Commission Candidate and current Mayor of Doral, Juan Carlos Bermudez, was found Not Legally Sufficient and dismissed. The complaint alleged that Mr. Bermudez violated Florida election laws when he allegedly obtained City-paid campaign contributions to promote a campaign television advertisement for his candidacy to the Miami-Dade Commission.

No Probable Cause Found in Case Involving Sunny Isles Beach Commissioner

C 22-10-02: The Ethics Commission unanimously found No Probable Cause that City of Sunny Isles Beach Commissioner Fabiola Stuyvesant violated the Mandatory Fair Campaign Practices Section of the Miami-Dade County Code. The complaint alleged that then candidate for City Commission, Commissioner Stuyvesant, distributed a campaign flyer with alleged false and malicious statements regarding her opponent for office Greg Capra.

Letter of Instruction ratified in case involving Magnum Construction Management (MCM) Vice President

C 22-25-05: A Letter of Instruction was ratified in a case involving Laura Munilla, Vice President and Chief Administrative Officer of Magnum Construction Management (MCM).

Ms. Munilla previously stipulated to a finding of Probable Cause and entered into a settlement agreement for violating the Lobbying section of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance.  

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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