Last week we left you with a video of City of South Miami Commissioner, Josh Liebman, campaigning for someone to replace on of his fellow commissioners during a commission meeting while on the dais. We asked what if any laws the good commissioner broke by endorsing someone from the dais, did anyone guess just how many laws were broken? While there was spirited debate in our comments section, one of our readers was kind enough to send me an email and elucidate which laws were allegedly broken, so without further adieu...
F.S. Ch. 104.31
Political activities of state, county, and municipal officers and employees.(2) An
employee of the state or any political subdivision may not participate in any
political campaign for an elective office while on duty.(3) Any person violating the provisions of this section is
guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
(4) Nothing contained in this section or in any county or
municipal charter shall be deemed to prohibit any public employee from
expressing his or her opinions on any candidate or issue or from participating
in any political campaign during the employee’s off-duty hours, so long as such activities are not
in conflict with the provisions of subsection (1) or s. 110.233.
Makes sense right? Do whatever the hell you want when you're not on the clock, but when you're on the clock, keep your mouth shut! Next...
F.S. Ch. 106.15 Campaign
Financing - Certain acts prohibited(3) A
candidate may not, in the furtherance of his or her candidacy for nomination or
election to public office in any election, use the services of any state,
county, municipal, or district officer or employee during working hours.
Ok, more of the same, next...
F.S. Ch. 106.113
Campaign Financing - Expenditures by local governments(2) A local government or a person acting on behalf of local government may not
expend or authorize the expenditure of, and a person or group may not accept,
public funds for a political advertisement or electioneering
communication concerning an issue, referendum, or amendment, including any
state question, that is subject to a vote of the electors. This subsection does
not apply to an electioneering communication from a local government or a
person acting on behalf of a local government which is limited to factual
information.
I guess this would apply since Commissioner Liebman was getting paid by the city while he was running his mouth. Next...
F.S. Ch. 112.313 Standards of conduct for public officers,
employees of agencies, and local government attorneys. (6) MISUSE OF PUBLIC POSITION. No
public officer, employee of an agency, or local government attorney shall
corruptly use or attempt to use his or her official position or any property or
resource which may be within his or her trust, or perform his or her official
duties, to secure a special privilege, benefit, or exemption for
himself, herself, or others.
This section shall not be construed to conflict with s. 104.31.
That's self explanatory and right on point. Next...
Miami-Dade County
Code of OrdinancesSec. 2-11.1 (g)
Exploitation of official position prohibited.
No
person included in the terms defined in Subsections (b)(1) through (6) and
(b)(13) shall use or attempt to use his or her official position to secure
special privileges or exemptions for himself or herself or others except as may be
specifically permitted by other ordinances and resolutions previously ordained
or adopted or hereafter to be ordained or adopted by the Board of County
Commissioners.
Once again, on point. Perhaps Commissioner Liebman's behavior wouldn't have been as egregious if he would have also endorsed commissioner Harris when asked towards the end of his endorsement for his friend. Last but not least...
South Miami Code of
Ordinances Sec. 8A-3. Fair and equal
treatment.(a) Impartiality.
No official or employee shall request, use or permit the use of, any
consideration, treatment, advantage or favor beyond that which it is the
general practice to grant or make available to the public at large.
Again, clear and on point.
So what now? From what it looks like we have Commissioner Liebman dead to rights, after watching the video, it seems clear that he has violated some if not all of the laws outlined above. With that said, it's time, at the very least, to empower the folks over at the Miami Dade County Commission on Ethics and Public Trust with a new ethics complaint!
Although it seems like the behavior of the good commissioner may have risen to the level of criminality (first degree misdemeanor), I somehow doubt the people over at the state attorneys office would bother with going after Mr. Liebman. What do you guys think? I guess we'll start with an ethics complaint then maybe pass the whole mess on to the state attorneys office and see what they have to say.
