Miami Beach revises conflict of interest law

By revising Miami Beach's conflict-of-interest law, city commissioners exposed a long, behind-the-scenes debate about lobbying that involves one of their own members and his powerful law firm.

Article Courtesy of The Miami Herald
By TANIA VALDEMORO

Published May 20, 2007

Should Becker & Poliakoff, a prominent South Florida law firm, be allowed to lobby at Miami Beach City Hall?

Not while Commissioner Michael Góngora sits on the dais, several city commissioners said at their meeting Wednesday.

They voted 6-1 to change the rules of Miami Beach's 10-year-old conflict of interest law.

The new ordinance prevents employees from the same company as a city commissioner or a city board member from lobbying those people on behalf of a client.

Previously, the ban only applied to those with specific job titles: ``partners, joint venturers, co-corporate shareholders and co-owners of properties.''

The amended rules affect law firms because they explicitly forbid people having an ' `employee' or 'of counsel' relationship'' with a commissioner or board member to lobby them.

The measure will come up for a final vote on June 6.

Mayor David Dermer, who framed the original conflict of interest ordinance in 1997, said the revisions were not aimed at Góngora, and the matter ``is not personal.''

''What we're saying is, we have a hyper-technical loophole here that needs to be closed. I believe we've had good ethical government and I don't want to see that deteriorate,'' said Dermer, who is also a lawyer.

Góngora was elected in November to serve the remaining year of former City Commissioner Luis Garcia's term. Last fall, Garcia was elected to the Florida House of Representatives. Góngora is now running for reelection for his seat on Nov. 6.

The lone dissenter during Wednesday's vote, Góngora blasted the new law.

''I think some commissioners did an end run and decided to amend the law instead of waiting for the courts to decide the issue,'' he said.

Revising the conflict of interest ordinance is the latest development in a debate -- some say a fight -- that has brewed between Becker & Poliakoff and city officials since Góngora became a commissioner.

According to Góngora: Becker & Poliakoff asked the city attorney's office whether it could continue its lobbying work since Góngora is an associate, and he did not have a job title that expressly banned members of his firm from appearing before him.

In response, the city attorney's office issued an opinion, saying Góngora could not be lobbied by other lawyers from his firm. Then, Becker & Poliakoff appealed to the Miami-Dade Commission on Ethics and Public Trust, which sided with Miami Beach officials.

The firm then appealed that decision to the circuit court appellate division. The court has not made a final ruling.

''At the moment, Miami Beach is not involved in the appeal,'' said Miami Beach City Attorney Jose Smith. He declined to discuss the issue.

Though Góngora and city staffers disagree about the timing, both say Becker & Poliakoff stopped lobbying city officials and board members. The firm told one of its clients, the Waverly Condominium, to get new lawyers to represent them at the Design Review Board over a dispute with neighbors concerning the baywalk, Góngora said.

Commissioner Simon Cruz acknowledged the awkwardness that new conflict of interest rules brought to the fore.

''It's a difficult thing. You don't want someone to feel that he is singled out. Realistically, it's about what you want people to perceive about what we do,'' Cruz said.