JERRY LIBBIN. PHOTO BY RICHARD M. BROOKS

Commissioner in the Chamber (of Commerce)
Jerry Libbin Set to Take a Top Position for MBCC — But is it a Conflict of Interest?

Eyebrows were raised at the March 10 meeting of the Miami Beach City Commission when Commissioner Jerry Libbin recused himself from a two hour discussion regarding the contract for the installation of red light cameras in the city.

A day before the official announcement was made, Libbin explained to those in attendance that he had been selected to be the new President and CEO of the Miami Beach Chamber of Commerce (MBCC) and that he had a potential conflict — Alex Tachmes, an attorney listed to address the commission during the discussion, is on the MBCC board of governors and could soon be Libbin’s boss.

“The president reports to the board of governors,” Aaron Perry, Chairman of the Board of Governors of the Chamber told The Lead. And “the role of the president is to execute the policies and the vision of the board.”
To be safe, Libbin says he sought advice from City Attorney Jose Smith.

“I’m not sure that I legally needed to recuse myself, but did so to avoid any potential, or appearance of conflict,” he said.

Getting the Job

Libbin told The Lead that he had made it known that he would be interested in the job at the MBCC. “I did have a discussion early on when I found out the position was available,” he said. “I think that my experience with working in the community makes this a natural extension of my service.”

While Libbin has been a champion of resident-friendly causes like the reform of condo foreclosures and keeping the beaches clean, he says that he does not see a distinction between being a supporter of residents and a supporter of the business community. “Many businesses are owned by our residents,” he said. “I have experience both in the non-profit world and the business world and the chamber is looking for someone that can build on leadership experience.”

Perry agrees with Libbin’s assessment of his own abilities.

“Jerry is a natural born leader, Jerry is creative, Jerry understands business and Jerry has deep roots in our community,” Perry said. “And that is why we chose Jerry as our president. And he happens to be a commissioner.”

Libbin says that he “can’t really speculate” on whether his selection for Chamber president was helped by him being a sitting commissioner. “I wasn’t in the board room during the deliberations. I happen to think that my experience, not only in the community but in upstate New York and Massachusetts gave me what it takes,” he said.

The Other Commissioner

Commissioner Jonah Wolfson currently attends the board of governors meetings as “the city commission’s unpaid, volunteer liaison to the Chamber,” he says.

Wolfson does see a potential pitfall with the situation, because when the two commissioners attend Chamber meetings, they could potentially find themselves running afoul of Florida’s Sunshine Laws — the laws that make it illegal for elected officials to discuss any business relating to government in meetings that are not open to the public. 

“If Commissioner Libbin is the Chamber president then the Chamber will have to publicly notice their meetings at their cost if Commissioner Libbin and I are to be present when city matters are discussed,” Wolfson told The Lead. “Alternatively, the Chamber may choose to eliminate my voluntary liaison position as a communicator of information between the two bodies.”

The Chamber’s attorney, Aaron Tandy, addressed the issue. “The chamber has agreed to abide by all Sunshine Laws,” he told The Lead.

Further Ethical Considerations

Libbin says that he “consulted with the city’s legal department and they determined that there was no prohibition in serving” as the MBCC president. However, to be sure, Libbin  brought the matter to the Miami-Dade County Commission on Ethics and Public Trust, which met on March 18 to opine on the issue.

The ethics commission supported the idea that only members of a Special Project Select Committee formed from members of the board of governors would be Libbin’s direct employers, and therefore solely responsible for issues regarding his hiring, firing, salary, and other employment matters. This way the commissioner would not have to recuse himself from votes when the other members of the board appear before the city commission.  

Furthermore, the Chamber volunteered to remove the city manager and police chief from the Chamber board so Libbin could maintain an uncomplicated governing position with those city employees.

When it came to raising funds for the Chamber, the ethics commission considered allowing Libbin to be able to use government resources such as his official letterhead as long as the funds raised did not benefit him directly or indirectly. Libbin, however, did not agree.

“I want to make it clear that I have no intention of doing that,” he told the ethics commission. “I don’t think it is appropriate.”

The commission’s decision has given Libbin the ethical green light to become the Chamber president on April 1. “They clearly indicated that they didn’t see a conflict,” he told The Lead after the ethics commission meeting.

Mayor Matti Bower was happy to congratulate Libbin on his appointment. “Good for Jerry,” she said. “I wish him luck.”

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