Batista, Sylvia (COE) From: Murawski, Michael P. (COE) Sent: Friday, June 05, 2015 11:50 AM To: Batista, Sylvia (COE) Subject: Crespo v. trump PC memo Attachments: Trump PC Memo C15-04.docx Sylvia: Do we have any way to e-mail this to Trump or his people? If not please mail him a copy with a short letter stating the below. Thanks Dear Mr. Trump: Attached please find a copy of the Probable cause memo | am submit consideration at next week's meeting on Wednesday June 10, 2015. Please keep in mind that this is only my recommendation and is not final until ratified by the Commission. ig to the Ethics Commission for their Ifyou have any questions please feel free to call me at the number below. Michael P. Murawski Advocate ‘Miami-Dade County Commission on Ethics and Public Trust 19 W. Flagler Street, Suite $20 Miami, Florida 33130 (305) 350-0609‘MiaMt-Dave County COMMISSION ON ETHICS & PUBLIC TRUST June 5, 2015 Mr. Donald J. Trump 4400 N.W. 87" Avenue or 725 Fifth Avenue Miami, FL 33178 New York, New York 10022 Dear Mr. Trump: Attached please find a copy of the Probable Cause Memorandum | am ‘submitting to the Ethics Commission for their consideration at next week's meeting on Wednesday, June 10, 2015. Please keep in mind that this is only my recommendation and is not final until ratified by the Commission. Ifyou have any questions please feel free to call me at the number below. Very truly yours, wed / du Z Michael P. Murawski AdvocatePROBABLE CAUSE MEMORANDUM To: Miami-Dade County Commission on Ethics and Public Trust From: Michael P. Murawski, Advocate Re: Crespo v. Trump C15- 04 Date: June 2015 Recommendation: There is No Probable Cause! to believe that Respondent, Donald Trump (Irump) violated Section 2-11.1(s) of the Miami-Dade County Conflict of Interest and Code-of Ethics ordinance entitled “Lobbying,” for engaging in lobbying activities without being a registered lobbyist. Background and Investigation: This complaint was filed against Trump by citizen complainant Al Crespo (Complainant) Complainant bases the complaint on a series of newspaper articles concerning a proposal by Trump to develop and/or manage the Crandon Park golf course. Complainant alleges that Trump violated Section 2-11.1 (s) (1) (b) of the Miami-Dade County Conflict of Interest and Code of Ethics (the Code). Investigation established the following: Miami-Dade County Mayor Carlos Gimenez (Gimenez) played golf with Trump on several occasions in Palm Beach. On one of those occasions he invited Trump to come play at Crandon Park Golf Course. On or about October 13, 2013, while playing at Crandon, Trump and Gimenez discussed the idea of a movie studio in Miami-Dade County. According to Gimenez, “at around the 14th hole,” Trump advised how much he admired Crandon Park Golf Course and talked about what he would do to change it around. Gimenez said that Trump mentioned several things that he would do to the course and asked whether he could buy it. Gimenez told Trump that he could not buy it, but that he could possibly manage it. 2 probable Cause exists where there are reasonably trustworthy facts and circumstances forthe Commission on Ethics and Public Trust (COE) to conclude that Respondent should be charged with violating Section -11.1(8), “Lobbying”, ofthe Miami-Dade County Conflict of interest and Code of Ethies Ordinance (the Ordinance).On March 5, 2014 Trump sent Gimenez a letter following up on his proposal and asking Gimenez to “advise as to the next steps that we should take to move this process forward.” Gimenez delegated the responsibility of responding to Trump's letter to several individuals, including Parks Director Jack Kardys (Kardys). By April 15, 2014, Kardys and other County staff drafted a letter for Gimenez which responded to Trump's request for information. That letter advised Trump that he could submit an unsolicited proposal pursuant to Section 287.05712 of the Florida Statutes and that there is a process that must be followed for an unsolicited proposal. The letter also cited County Ordinance No. 08-79 which establishes procedures for the evaluation, development and publication of unsolicited proposals. Gimenez said that he had no prior or subsequent discussions with Trump on the subject, although there may have been a subsequent question from Ed Russo, a Trump associate. Gimenez said that he didn’t speak to Trump again until the opening of the Blue Monster Course in Doral. The opening of the Blue Monster Course was on February 6, 2014. Gimenez said that the unsolicited proposal must come with a $25,000 check which the County ‘would keep, regardless of any decisions made in the process. The unsolicited proposal might start the process of putting out an RFP. The process would involve going through a financial overview, and if there were merit found in the proposal an RFP could be initiated. The $25,000 fee would go toward the RFP process or other costs associated with processing the unsolicited proposal. Review and Analysis: Trump's conversation with Gimenez on October 13, 2013 did not constitute “lobbying,” and therefore, Trump was not required to register as a lobbyist. Section 2-11.1(5)(1)(b) of the Code defines “Lobbyist” as “all persons, firms or corporations employed or retained by a principal who seeks to encourage the passage, defeat or modification of (1) ordinance, resolution, action or decision of the County Commission; (2) any action, decision, recommendation of the County Manager or any County board or committee; or (3) any action, decision or recommendation of County personnel during the time period of the entire decision making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the County Commission or a County board or committee.”Recently, in Preliminary Inquiry (PI) 13-040, we reviewed a somewhat similar situation. In that case, an inquiry was made to determine whether or not soccer player David Beckham was required to register as a “lobbyist” prior to meeting with County officials to discuss his proposal to locate a soccer stadium somewhere in Miami-Dade County. We reiterated in that case, and repeat again here, that not every meeting with a County official constitutes “lobbying,” In INQ12-75 the Ethics Commission opined that lobbyist registration was not required by the President of Cisco’s Globalization Division prior to meeting with the County Mayor to discuss, in general terms, Cisco’s activities abroad because no issues related to those activities were currently pending or foreseeable in the County. Similarly, in INQ 11-97, it was determined that a biomedical device manufacturer need not register as a lobbyist in order to speak with a Jackson Memorial physician concerning a requested product sample. Moreover, several previous opinions clarify that requests for information do not constitute “lobbying” (see INQ 01-38, 02-139). This concept is consistent with Chapter 34-12.020 of the State of Florida Executive Lobbyist Registration rules which provide that “A request for information about an agency’s procedures, forms, budget, budget proposal, programs, or other requirements on behalf of another person [are not considered lobbying].”” ‘The Ethics Commission has generally defined “lobbying” activities as: 1. Meetings or communications with elected officials or staff to discuss a particular solicitation or product (i. time frames for solicitation, specifications, qualifications, ete...) 2. Meetings or communications with elected officials or staff regarding a prior or ongoing solicitation or contract when a resolution of the matter may require approval of the Board of County Commissioners, the Mayor of his designee or a County Board or Committee, 3. Meetings or communications with elected officials or staff regarding any matter where the lobbyist is seeking to influence a decision or recommendation of staff on any matter that will require action or decision by the Board of County Commissioners, the Mayor of his designee or a County Board-or Committee. 4. Meetings or communications with elected officials or staff regarding policy matters that may require approval of the Board of County Commissioners, the Mayor of his designee or a County Board-or Committee.At the time of Trump's conversation with Gimenez on the golf course at Crandon, there simply was no action for Gimenez to take, or any decision or recommendation for Gimenez to make. There was no particular solicitation or product or any specifications or qualifications to discuss. In response to Trump's idea, Gimenez appropriately advised him to submit the appropriate proposal under the applicable Florida Statute. Once a proposal is received by the County it goes through a review process and may or may not move forward toward the issuance of an RFP; if it does, further contact with County officials that seeks to encourage action, decisions or recommendations would require lobbyist registration. Relevant ordinance: Section 2-11.1 (3) (b) of the Miami-Dade County Conflict of Interest and Code of Ethics ordinance states, in pertinent part: “Lobbyist means all paid persons, firms, or corporations employed or retained by a principal who seeks to encourage the passage, defeat, or modifications of any ordinance, resolution, action or decision of the County Commission;(2) any action, decision, recommendation of the County [Mayor] or any County board or committee; or (3) any action, decision, or recommendation of County personnel during the time period of the of the entire decision making process on such action, decision, or recommendation which foreseeably will be reviewed by the County Commission, or a City board or committee.” Conclusic There is No Probable Cause” to believe that Respondent, Donald Trump (Trump) violated Section 2-11.1(s) of the Miami-Dade County Conflict of Interest and Code of Ethics ordinance entitled “Lobbying.” 2 probable Cause exists where there are reasonably trustworthy facts and circumstances for the Commission on Ethics and Public Trust (COE) to conclude that Respondent should be charged with violating Section 2-11.1(8), “Lobbying”, of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance (the Ordinance).