Mr. Joe Centorino Executive Director Miami-Dade Commission on Ethics and Public Trust 19 W Flagler Street Miami, FL RE: ETHICS COMPLAINTS AGAINST MR. DONALD TRUMP, MR. ED RUSSO AND MIAMI-DADE COUNTY MAYOR CARLOS GIMENEZ Dear Mr. Centorin‘ | am submitting the following 3 Ethics Complaints for your attention, They deal with Section 2-11.1(s)(1)(b) of the County Code dealing with lobbying and lobbyists, and that defines lobbyists as, “all persons...employed or retained by a principal who seeks to encourage the passage, defeat, or modifications of...any action, decision or recommendation of County personnel. "This section also specifically includes principals of any company seeking such passage, defeat, or modification of any action Mr. Trump is the chairman of the Trump Organization, and Mr. Russo has been described as a “consultant” to Mr. Trump's organization, Both of them meet the criteria established in Section 2-11.1(s)(1)(b) of the County Code defining the activities of a lobbyist when they reportedly met with Mayor Carlos Gimenez and his staff regarding their efforts to take over the operation of the Crandon Park Golf Course, A February 12, 2015 Miami Herald article by Doug Hanks, reported that Mr. Trump and Mr. Russo had, on repeated occasions for over a year tried to convince (aka lobbied) the Mayor and his staff to allow Mr. Trump to take over the management and operation of the county-owned, Crandon Park Golf Course on Key Biscayne, including meetings with the Mayor and his senior aides, a submittal of a draft proposal for the Mayor that the Mayor responded to and a formal proposal in the summer of 2014 that has now prompted a public hearing by the County Commission. ‘The fact that the Mayor's office is festooned with numerous signs stating in clear language that “Lobbyists” must first register before seeking to conduct business with the county is more than enough evidence that Mayor Carlos Gimenez knows the law, but that when it comes to being solicited by the rich, powerful and famous, he's more than willing to ignore these lobbyist laws, including provision (bb) of Section 2-11.1, that requires him to file a sworn affidavit that he has read and understands the provisions of the County's Conflict of Interest Code. You and I both know that he has never done that since he’s been in public office, either as a County Commissioner, or as MayAlso, I want to point out that Section 2-11.1 (s)(2) clearly stipulates that “All lobbyists shall register with the Clerk of the Board of the County Commission within three (3) business days of being retained as a lobbyist or before engaging in any lobbying activities, whichever comes first. I make a point of this not only to point out the requirements of the law, but also to remind you that any subsequent filing of any after-the-fact documentation does not absolve the three individuals above, or others who have engaged in the same behavior from being held accountable for breaking the law. Unfortunately, you and your agency have had a bad habit of looking for any and all excuses to “forgive” the illegal behavior of public officials who claim to have been clueless or misled to the requirements of acting as reputable public officials. In addition, | want to point out that the activities of Mr. Trump and Mr. Russo go far beyond the allegedly “Meet and Greet” activities that you were so willing to ascribe to the activities of Mr. Beckham last year when he was so intently engaged in trying to get Mayor Gimenez to turn over the Port property for his soccer stadium. Ifnothing before that incident had prompted the Mayor to pay attention to the lobbying laws, and his own responsibility in following the provisions that apply to him, that incident should have rung his bell, so he too merits being punished for his own failure to obey the law. As always, | look forward to how you and Mr. Murawski handle this complaint. Your pal, Ad reMIAMI-DADE COMMISSION ON ETHICS & PUBLIC TRUST 19 West Flagler St, Suite 820, Mini, FL 33130 305.579.2594 COMPLAINT FORM 1. COMPLAINANT (PERSON BRINGING COMPLAINT) Adi pages, if mst. 2 cy: = Ahisen , FF? 337 Zip: Home #: Works Cal ts SOE ES Heh a Ema lr WHOM COMPLAINT IS MADE) dé pas, ifn. Name: ad Address: Home #: Title/Office Held of Sought: 3. IF KNOWN, CHECK THE BOX OR BOXES THAT APPLY Allegation is aginst person in Allegation i against person in inty Government City Government Allegation is about County NAME CITY O Whistleblower Retaliation 4. STATEMENT OF FACTS BASED ON YOUR PERSONAL KNOWLEDGE In a separate attachment, please describe in detail the facts and actions that are the basis of your complaint, including the dates when the actions occurred. Also attach any relevant documents as well as names anc ‘contact information of persons who may be witnesses to the actions. If known, indicate the section of the ‘ordinance you believe is being violated. For further instructions see page 2 of this form. 5. oars staTEOF FI counrror PUA nde 1, the person bringing this complaint, do depose fon oath or affirmation and say thatthe fats set fs ain) pce ee me Gan uia kepicy opuraicies ancl PaqameloD ann : are true and correct, (0 the best of my knowiedge » KL tresy : Cosplay Pic Ean is} Pre brese ZECM PA fr ipo Cnn ae Personally ee 4s EXPIRES: February 15, 2017 7 rane? Sakttmnagtan ie, Produced Identification “Type of ldenification Produced: ‘CoE 022010MIAMI-DADE COMMISSION ON ETHICS & PUBLIC TRUST 19 West Flagler St, Suite 820, Miami, FL 39130 305.579.2594 COMPLAINT FORM COMPLAIN’ RSON_ BRINGING COMPLAINT) “idd ps i css. sO Piel cy, AYmeny 7 i, SE Home # Work # cou #: BOE. 2SF_ LEC INST WHOM COMPLAINT IS MADE) les fms, 2. RESPONDENT (PERSON A Name: Addeess 225 Bs Cig: Zip. LOD 2 Home Work #Z2-E2 2-200 can 4. “Tide /Office Held or Soughe a fA 3. IF KNOWN, CHECK THE BOX OR BOXES THAT APPLY eee oo pe heres ee een aa eae 4. STATEMENT OF FACTS BASED ON YOUR PERSONAL KNOWLEDGE In a separate attachment, please describe in detail the facts and actions that are the basis of your complaint, including the dates when the actions occurred. Also attach any relevant documents as well as names and contact information of persons who may be witnesses to the actions. If known, indicate the section of the ordinance you believe is being violated. For further instructions, see page 2 of this form, oars STATE OF FLORIDA countvor Lian DRC 1 the penon binging sis complain, do depose S on Gath or affimastion and say thac Che face uct Sworn 19 (or affirmed) and subscribed before me fort in he forang complain and arachmens thin) Pdayok POD) ; ate true and conect, to the best of my knowledge ta belch, fad 2%. hee: Personally known to me ae «= Qheg count EN ae SE Beas Ferm ct Produced Ident = ye, ras ae ‘Type of Identification Produced: COB 022010MIAMI-DADE COMMISSION ON ETHICS & PUBLIC TRUST 19 West Flagler St, Suite 820, Miami, FL. 33130 305.579.2594 CoMPLAINT FORM 1. COMPLAIN) RSON_ BRINGING COMPLAINT) dps, if mest Name: SSpo Address ZF? WE Pan) SF cy Ate, FZ Zips FIZ == Home # Work cats OS. DPS BE 2. RESPONDENT (PERSON AGAINSESWHOM COMPLAINT IS MADE) dps mse, nnn Catlod Cpottanee: Address: Z// Sheet — Pe Fpoe Gi Xnny Z. Zip: P37 Home #: Work: al Tie/OMed HalDde Soughe: L Nn 3. IF KNOWN, CHECK THE BOX OR BOXES THAT APPLY pegetn ap peron in Allegation is against person in junty Government Oi City Government Allegation is about County NAME CITY O Whistleblower Retaliation 4. STATEMENT OF FACTS BASED ON YOUR PERSONAL KNOWLEDGE In a separate attachment, please describe in detail the facts and actions that are the basis of your complaint, including the dates when the actions occurred. Also attach any relevant documents as well as names and contact information of persons who may be witnesses to the actions. If known, indicate the section of the ordinance you believe is being violated. For further instructions, sce page 2 of this form, 5. OATH STATE OF FLOREDA countvor Mtn Dede 1, the person bringing this complaint, do depose on oath or affirmation and say thatthe facts set Sworn 40 (oraffirmeg) and subscribed before me forth in the foregoing complaint and atachments this EP “day of 01>, are true and correct, tothe best of my knowledge and belief, wy_AL lve Spa. = |H BARBARA ZEEMAN Personally known to me comes ran ee oo ESF i 27 7a baat na 207 Produced Identification ype of Identification Produced: CoE @22010Miami-Dade mayor and Trump discussed Crandon golf takeover |. bhup:/www miamiherald.com/news/local/community/miami-dadefart, Miami-Dade mayor and Trump discussed Crandon golf takeover BY DOUGLAS HANKS - DHANKS@MIAMIHERALD.COM (02/11/2015 1:28 PM | Updated: 02/11/2015 10:34 PM ‘Miami Dade Mayor Carlos Gimenez speaks to the media after delivering the 2014 State of the County Address in Hialeah on Wednesday 26,2014 C.M. GUERRERO / EL NUEVO HERALD Miami-Dade Mayor Carlos Gimenez has been in discussions with Donald Trump for more than a year about the celebrity developer taking over the county's waterfront golf course in Crandon Park, but pledged Wednesday not to influence his administration's handling of the proposed deal. Gimenez cited his son's lobbying work in Doral for Trump, saying a recusal was necessary to remove any question about financial conflict for the golf-course mogul — who also recently became a top contributor to the mayor's reelection effort. The recusal announcement was made ina memo to county commissioners, saying Gimenez had just learned that Miami-Dade received an unsolicited Crandon proposal from Trump. The document did not mention Gimenez's active role in the county's lot 4 2/15, 10:45 PMMiami-Dade mayor and Trump discussed Crandon golf takeover |. bhtp:/www aniamiherald.com/news/tocal/community/miami-dade/ar.. talks with Trump, which aides detailed after inquiries from the Miami Herald. Trump and Gimenez first discussed what the billionaire television star might do with Crandon when the two played the course in late 2013, a County Hall spokesman said. In January 2014, Gimenez met with top aides and Trump's representative about putting a deal together, and Trump later sent the rough draft of a proposal directly to the mayor in March. Gimenez wrote back to Trump saying the developer's aim to “make Crandon Park on par with Pebble Beach is intriguing.” “I look forward to further discussions regarding Crandon Golf Course and appreciate your interest in improving the game of golf in our community” Gimenez wrote to Trump, who bought the Doral Golf Resort in 2012. The Gimenez administration kept quiet about the Trump proposal submitted last summer to spend $10 million to improve the waterfront course in exchange for a management contract. The July 2 proposal contemplates Trump managing the course for 99 years. A business forecast filed with the county shows Trump flipping the course's annual loss of about $340,000 to a profit of $2 million within five years. The Parks department released the proposal Wednesday, and a public hearing on the plan is expected this spring. Trump's offer is to maintain Crandon’s status as a prized public course, but with new rates, facilities and concession offerings that would improve Crandon's finances and establish it as a world-class. venue. Crandon is already regarded as one of the top South Florida courses, landing at No. 3 on the South Florida Business Journal's 2014 golf rankings (the other Top 5 slots are held by Trump-run courses). Trump wrote Gimenez in March to say Miami-Dade could do better with Crandon. “Lhave set my sights on a new project which has tremendous potential but is currently laying fallow and is not properly representative of what it could and should be,” Trump wrote in the March § letter released by Gimenez's office. “That is Crandon Park Golf Club. | WOULD LIKE TO MAKE IT GREAT!” The proposal calls for Trump to retain 90 percent of the course's operating profits, which are estimated at $2.3 million in 2020, five years after the renovation concludes in 2016. It would debut with a $1.2 million operating profit, rather than the $337,000 loss listed for 2013 in the Trump documents. With Trump pledging a renovated clubhouse, his forecasts show a huge increase in food-and-beverage revenue: from $32,000 in 2013, to nearly $900,000 in 2020. The forecast also shows a drop in wages paid for running the county-managed course, with the 2013 Payroll of $1.5 million declining 14 percent when the new operation opens under Trump's management. But add in the extra $375,000 in wages and benefits Trump plans to spend on the 2of4 2/11/15, 10:45 PMMiami-Dade mayor and Trump discussed Crandon golf takeover |... 4or4 hutp:/www.tniamiherald.com/news/local/community/miami-dade/art... and procedural issues,’ he said. "| had absolutely zero interaction with anyone at the county in this matter.” He said he did talk to his father about Trump's interest in submitting a proposal. His father was “just asking to see what the status is,’ the younger Gimenez said. “I didn’t have a lot of information because | wasn't involved. My response was Ed was working on it.” He added that his father recused himself “verbally” at the Jan. 28 meeting, an assertion that Hernandez later affirmed. Mayor Gimenez did not respond to an interview request with his office. Asked why the mayor continued to correspond with Trump after a recusal, Hernandez responded: “Correspondence is for informational purposes. The mayor was informing Mr. Trump of the process.” Sponsored Content (http://c.jsrdn.com/i/1.gif?r=ruzl& k=ZAl1cy1IYXNOLTFICWgJaS1kN2Y2MzgzOAI1 CWIxYTJIYZBmLWJmZTYtNGFINC1hY2QxLTC40DhINI fwd=http%3A%2F %2Fshare.virool.com%2Fshare%2Fbanner%2Fcampaign%2F178545%3Fsite_key%3D4386a52%26uuic 4e17-861b-59856a429096) Personal Financial Advice Better Money Habits~ e Se oe am 211/15, 10:45 PMaap. pueuy moqe worn Ae anon suotssn3eIp tt 1994 Fe ZUM Og OP ° Aes ‘dummy, 209 Bog YOM Ba os pyeseweN wasiiey | ~Nod mae. ~Aqgoy 0s sty pox> zauoUNTD ‘Shi svipned ka udessonoud -duinu, pjeuod 104 410m Butqaoi sues, | JOLLA, Ein “woe daeae/ oy pee ee poupqon “j s1u Bunya ‘teep pesodoid ain eypuey 40M 24 5 shes sokeu | “Soyode rag Aamo # toe sve] Panons pect ‘un 'sloz ov] ous eopl ova possnanp Buiney eucseam | UM § Dj. Buy. a ail yjo sypeq sohey ALNNOD 30VG-IMVIN. (SS5-948-$0$ | worpremHWeINBIsseOnP| SSvond Avt oLIGS | sloz ‘aL ANWNUAAY ‘AVasUNKL QIBIIFF WULIELE q ||] SLvLS's1v5901| SYDVLIV YUVHS NI NOLLVN SdOL NIVOV SIVIS {f= Y3N3O NOLNSANOD HOV38 IWVIN YO 8 NVI | EkaMemorandum Dae: February 11, 2015 To: Honorable Chairman Jean Monestime Board of County Commissioners From: Carlos A. Gimenez Cf Mayor Aigo Subject: Unsolicited Proposal ~ Cranddx Golf Course on Key Biscayne On February 10, 2015, I became aware that Miami-Dade County received an unsolicited proposal from the Trump organization to assume management of the Crandon Golf Course on Key Biscayne. In accordance with the opinion issued by Robert Meyers, formerly the Executive Director of the Miami- Dade Commission on Ethics and Public Trust, dated August 31, 2011, I will not be participating in any decisions regarding this proposal. Per Section 5.03(D) of the Miami-Dade Home Rule Charter, as Chairman of the Board of County ‘Commissioners, you “shall have authority provided by this Charter or the Board to solicit, evaluate, award or recommend the award of such contract including, but not limited to, the authority to recommend a bid waiver in writing,” ‘As Senior Advisor, Michael Spring has responsibility over the Parks, Recreation and Open Spaces Department and will be your liaison for this proposal and will answer any questions you may have, ‘Thank you. ce: Robert A. Cuevas, Jr., County Attorney Joe Centorino, Executive Director, Commission on Ethics and Public Trust Michael Spring, Senior Advisor Jack Kardys, Director, Parks, Recreation and Open Spaces Department Senior Staff, Office of the Mayor Lester Sola, Director, Internal Services Departments Christopher Agrippa, Clerk of the Boardwith the business entity, perform any County contract- related duties regarding the business entity, or successor in interest, where the business entity is a County bidder, proposer, service provider, contractor or vendor. As used in this subsection (x), “contract-related duties” include, but are not limited to, service as a member of a County certification, evaluation, selection, technical review oF similar committee; approval or recommendation of award of contract; contract enforcement, oversight or administration; amendment, extension or termination of contract; or forbearance regarding any contract. Notwithstanding the foregoing, the provisions of this subsection (x) shall not apply to the County Manager or the Director of Procurement Management. (9) Powers and jurisdiction of Ethics Commission. The Ethics Commission shall be empowered to review, interpret, render advisory opinions and letters. of instruction and enforce the Conflict of Interest and Code of Ethics Ordinance. Jurisdiction of the Ethics Commission shall automatically extend to Commissioners, the Mayor, autonomous personnel, quasi-judicial personnel, departmental personnel, employees, contract staff, advisory personnel, immediate family, lobbyists as defined in Subsections (b) and (6) who are required to comply with the Conflict of Interest and Code of Ethics Ordinance; and any other person required to comply with the Conflict of interest and Code of Ethics Ordinance including, but not limited to, contractors, consultants and ‘vendors In the event that the Ethics Commission does not assume jurisdiction as provided in the preceding sentence, the Ethics Commission may refer the complaint to the State Attorney for appropriate action. Notwithstanding the foregoing, the Ethics Commission shall not have jurisdiction to consider an alleged violation of Subsection (0 if the requirements of Subsection (¢) have been waived for a particular transaction as provided therein. (2). Prokibition on participation in settlement negotiations. Neither the Mayor, a County Commissioner nor any member of their staff shall participate in settlement negotiations of claims or lawsuits, including, but not limited to, contract scope or compensation adjustments involving the County without prior approval of the Board of County Commissioners. (2a) County Attorney’ office participation in contract adjustments. County staff shall request the participation of the County Attorney's Office to provide legal advice regarding the scope or compensation adjustments which increase by more than one million dollars (1,000,000), the value of a construction contract or a contract involving the purchase of goods or services. (bb) Affidavit required. Each person who is elected to serveas.a member of the Board of County Commissioners ‘or as Mayor of Miami-Dade County shall execute an affidavit, on a form prepared by the Ethics Commission, stating that he or she has read the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance and agrees to comply with the provisions of said ordinance. Each elected official covered by the requirements of this subsection shall ile the required afidavit with the Ethics ‘Commission prior to being sworn into office. (€o) Penalty. () Proceeding before Ethics Commission. A finding by the Ethics Commission that a person has violated this section shall subject said person to an admonition or public reprimand and/or 2 fine of five hundred dollars ($500.00) for the first such violation and one thousand dollars (1,000.00) for each subsequent violation. Where the Ethics Commission finds that a person hhas intentionally violated this section and determines thata fine is appropriate, said person ‘hall be subject to a fine of one thousand dollars ($1,000.00) for the first such violation and two thousand dollars ($2,000.00) for each subsequent violation. Actual costs incurred by the Ethics Commission, in an amount not to exceed five hundred dollars ($500.00) per_violation, may be assessed where the Ethics Commission has found an intentional violation of this section. The Ethics Commission may also order the person to pay restitution when the person or a third party has received a pecuniary benefit as a result of the person's violation. The procedure for determining restitution shall be governed by an administrative order adopted by the County ‘Commission and rules of procedure promulgated by the Ethics Commission. (@) Prosecution by State Attorney in State Court. Every person who is convicted of a violation of this Section in State court shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment in the County Jail for not more than thirty @0) days, or by both such fine and imprisonment.