More Appearances Prohibited

Former Miami Beach Commissioner Michael Góngora Again Finds Himself in the Ethics Ordinance Spotlight — But Is It All a Big Misunderstanding?

By Angie Hargot

In response to the former Miami Beach commissioner’s own request for an advisory opinion, the Miami-Dade County Commission on Ethics ruled attorney Michael Góngora ineligible to appear before city boards — again.

Of course, he already knew that, he said — that’s not the opinion he was asking for.

Góngora is no stranger to the ethics commission. Last year, the then-commissioner and attorney found himself mired in controversy for what many said was a violation of Miami Beach’s “certain appearances prohibited” ordinance. That board, which is charged with deciding municipal ethics questions, ruled that because Góngora sat on the dais at the time, attorneys at his law firm, Becker & Poliakoff, had violated the city’s ethics ordinance by lobbying the city on behalf of the Waverly Condominium.

The opinion was widely publicized by Góngora’s Seat 5 opponent, attorney Ed Tobin, who portrayed the then-commissioner as unethical and narrowly defeated him.

On May 21, the lobbying issue flared up again for Góngora, who was recently elected chairman of the nonprofit Environmental Coalition of Miami Beach (ECOMB). The organization was founded in 2004 to address environmental issues such as beach cleanup, countywide recycling, sustainability and other green initiatives.

Góngora sent an e-mail to Miami Beach City Attorney Jose Smith inquiring if “there is any prohibition on me discussing ECOMB with members of the [city] commission,” public records show. The inquiry was prompted by Góngora’s fear of treading on the county’s ethics ordinance, which prevents Góngora from lobbying within two years of serving as city commissioner. Smith replied that although Góngora could raise funds for the nonprofit, lobbying for legislation would be a violation; he referred Góngora to the ethics commission for further explanation. Góngora did just that; however, nearly a month later, the commission postponed rendering an opinion on whether Góngora could ask commissioners to support ECOMB projects.

The ethics commission found that the key factor in determining if Góngora “could appear before the City of Miami Beach” was whether he was employed by, or a volunteer for, ECOMB, since the county ethics code specifically exempts only “employees” of nonprofit entities. So ethics commission Staff Attorney Victoria Frigo asked Góngora to clarify the nature of his work with ECOMB. The former commissioner responded that ECOMB had retained him as an attorney, but had not paid him “anything yet because there has been no legal work they have needed my assistance with thus far,” Góngora wrote in a June 11 e-mail. At their Aug. 28 meeting, although ethics commission staff concluded that Góngora should be permitted to appear before city commissioners, ethics commission members weren’t buying it.

“I have a problem with him saying he’s an employee — they’re just [not] sending him any legal work,” ethics commission member Magda Abdo-Gomez said at the meeting. “I am not an employee of my clients,” said Abdo-Gomez, who is also a practicing attorney.

The commission ultimately agreed that there was no proof Góngora had done any actual legal work for ECOMB, fearing the title of employee could be “subterfuge to get around” the ethics ordinance, as Chair Kerry Rosenthal put it.

Executive Director Robert Meyers further explained that the code speaks to being “employed” by an organization, but not to being “retained” by one.

“The commission wasn’t convinced that he is ‘employed,’” Meyers later told the SunPost. Ultimately, the ethics commission unanimously opined that Góngora could not lobby commissioners.

But, not only is the finding “counterintuitive,” it’s not even the question Góngora wanted answered, he said Tuesday.

Góngora wanted to make sure he wouldn’t be breaking any ethics rules, not by appearing before boards but, for example, by inviting a commissioner to an ECOMB event, he said.

“I sought an advisory opinion just to know what I’m allowed to do,” Góngora said. “My real question wasn’t answered.”

However, Góngora said Tuesday that despite the commission’s reluctance to volunteer an opinion on a scenario where Góngora could prove work was done, since ECOMB doesn’t have the budget to hire him as an attorney, he doesn’t plan to provide that further evidence.

Furthermore, reasking his unanswered question of the commission would be “a little frustrating,” said Góngora, who added he could end up waiting six months for another decision. “I’m not ready to wait another six months,” he said.

Meyers said an ethics commission task force had already forwarded to Miami-Dade County commissioners the suggestion to extend all the ethics rules to nonprofit organizations, thus avoiding the question in future cases. Although commissioners have been tied up in budget matters, they could consider the change as early as October. The addition of nonprofits to the ordinance would then “be applicable to all cities” in Miami-Dade County, Meyers said.

Góngora said he plans to continue his work with ECOMB by working with federal, state and county officials, and, when it comes to city matters, will simply let another board member handle them, taking a “better safe than sorry” approach, he said.

“Sometimes these rules are a catch-all, and sometimes they don’t make sense. I’m probably the most ethical person ever elected,” Góngora said, maintaining that he was merely asking for an advisory opinion to avoid making a mistake. “What I don’t understand is that, if I’m being paid by ECOMB, [lobbying] is allowed. But if I’m volunteering, it’s not allowed. It should be the other way around. It seems counterintuitive.”

Comments? E-mail angie@miamisunpost.com