HomeMy WebLinkAbout2005-3486 Ordinance
ORDINANCE NO. 2005-3486
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, ARTICLE VII, DIVISION 5 THEREOF ENTITLED
"CAMPAIGN FINANCE REFORM" BY AMENDING CODE SECTIONS
2-487 "PROIDBITED CAMPAIGN CONTRIBUTIONS BY VENDORS", 2-488
"PROHIBITED CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON
PROCUREMENT ISSUES", 2-489 "PROHIBITED CAMPAIGN
.CONTRIBUTIONS BY REAL ESTATE DEVELOPERS", AND 2-490
"PROHIBITED CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON REAL
ESTATE DEVELOPMENT ISSUES", BY ADDING LANGUAGE
PROVIDING THAT THE 12 MONTH PERIOD IN WHICH A PROHIBITED
DONOR OF A CAMPAIGN CONTRIBUTION IS DISQUALIFIED FROM
CERTAIN SPECIFIED ASSOCIATIONS WITH THE CITY SHALL
COMMENCE UPON A FINAL FINDING OF VIOLATION, OR IF
APPLICABLE, UPON MIAMI BEACH CITY COMMISSION ACTION ON A
WAIVER REQUEST, AND ESTABLISHING EFFECTS OF WAIVER;
FURTHER AMENDING CODE SECTION 2-487(B) BY PROVIDING FORA
LIMITED WAIVER OF EXISTING CONTRACTS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
1
SECTION 1. That Miami Beach City Code section 2-487 entitled "Prohibited Campaign
Contributions by Vendors", sections A(3) and B thereof are hereby amended to read as follows:
Sec. 2-487. Prohibited Campaign Contributions by Vendors.
A. General
***
(3) (a) .1. A person or entity other than a vendor who directly or indirectly makes a
contribution to a candidate who is elected to the office of mayor or commissioner shall be
disqualified for a period of 12 months following the swearing in ofthe subject elected official from
serving as a vendor with the city.
2. i) A vendor who directly or indirectly makes a contribution to a
candidate who is elected to the office of mayor or commissioner shall be disqualified
from serving as a vendor with the city for a period of 12 months from a final finding
of violation. or from action on a waiver request by the Miami Beach City
Commission (per subsection B herein below) in the event a waiver of said violation is
sought.
ii) In the event such waiver request for a particular transaction is
granted. the affected vendor shall nonetheless be disqualified from serving as a
vendor with the city as to all other vendor proj ects for the stated 12 month period. In
the event such waiver request is denied for a particular transaction. the 12 month
disqualification period shall apply to both the particular transaction which was the
subject of the waiver request. as well as all other vendor projects during that 12
month period.
(b) For purposes of this section, the term "disqualified" shall be defined to
include:
1. Termination of a donor/vendor's existing contract with the city,
subject to the waiver provisions of subsection~ Bill( 4) and B(rn herein; and
2. Disqualification of a donor's response to solicitation requests for
prospective vendor contracts with the city, subject to the waiver provisions of
subsections Bill(1 )(2) and (3) herein.
***
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B. Conditiofls for Waiver of Prohibition
1. Conditions for Waiver.
The requirements of this section may be waived by a five-sevenths vote for a particular
transaction by city commission vote after public hearing upon finding that:
(1) The goods, equipment or services to be involved in the proposed
transaction are unique and the city cannot avail itself of such goods, equipment or
services without entering into a transaction which would violate this section but for
waiver of its requirements; or
(2) The business entity involved in the proposed transaction is the sole
source of supply as determined by the city's procurement director in accordance with
procedures established in subsection 2-367(c) ofthis Code; or
(3) An emergency contract (as authorized by the city manager pursuant to
section 2-396 ofthis Code) must be made in order to protect the health, safety or
welfare of the citizens ofthe city, as determined by a five-sevenths vote of the city
commISSIOn; or
(4) A contract for the provision of goods, equipment or services exists
which, if terminated by the city, would be adverse to the best economic interests of
the city.
II. Conditions for Limited Waiver.
Notwithstanding the denial by the city commission of a waiver request regarding an
existing contract per B(D(4) above. upon a 5/7ths vote of the city commission at a
public hearing. a Limited Waiver may be granted on an existing contract upon a
finding that in order to protect the health. safety and welfare of the citizens of the
city. continuation of said contract for a limited period of time (not to exceed 6
months) is necessary in order for the city to obtain a replacement vendor.
III. Full Disclosure.
Any grant of waiver by the city commission must be supported with a full disclosure
of the subject campaign contribution.
***
3
SECTION 2. That Miami Beach City Code section 2-488 entitled "Prohibited Campaign
Contributions by Lobbyists on Procurements Issues", subsection (2) thereof, is hereby amended to
read as follows:
Sec. 2-488. Prohibited Campaign Contributions by Lobbyists on Procurement Issues.
***
(2) fill A person other than a lobbyist on a procurement issue as set forth in (1 )
above. who directly or indirectly solicits for or makes a contribution to a candidate
who is elected to the office of mayor or commissioner shall be disqualified for a
period of 12 months following the swearing in of the subject elected official from
lobbying the city commission in connection with a present or pending bid for goods,
equipment or services or on a present or pending award for goods, equipment or
servIces.
@ A lobbyist on a procurement issue as set forth in (1 ) above. who directly
or indirectly makes a contribution to a candidate who is elected to the office of mayor
or commissioner shall be disqualified from lobbying the city commission in
connection with a present or pending bid for goods. equipment or services or on a
present or pending award for goods. equipment or services for a period of 12 months
from a final finding of violation.
***
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SECTION 3. That Miami Beach City Code section 2-489 entitled "Prohibited Campaign
Contributions by Real Estate Developers", subsection A(3) thereof, is hereby amended to read as
follows:
Sec. 2-489. Prohibited Campaign Contributions by Real Estate Developers.
A. General.
***
(3) ( a) A person or entity other than a real estate developer who directly or indirectly
makes a contribution to a candidate who is elected to the office of mayor or
commissioner shall be disqualified for a period of 12 months following the swearing
in ofthe subject elected official from becoming a real estate developer.
.ilil 1. A real estate developer who directly or indirectly makes a contribution to a
candidate who is elected to the office of mayor or commissioner shall be disqualified
from becoming a real estate developer for a period of 12 months from a final finding
of violation. or from action on a waiver request bv the Miami Beach City
Commission in the event a waiver of said violation is sought.
~ In the event such waiver request for a particular real estate project and/or
land use application is granted. the affected real estate developer shall nonetheless be
disqualified from serving as a real estate developer with the city as to all other
relevant real estate projects and/or applications for land use relief referred to in
subsectionA(4)(a)(1) below for the stated 12 month period. In the event such waiver
request is denied for a particular real estate project and/or land use application. the 12
month disqualification period for the affected real estate developer shall apply to both
the particular real estate project and/or land use application which was the subject of
the waiver request. as well as all other relevant real estate projects and/or applications
for land use relief referred to in subsection A(4)(a)(1) below during that 12 month
period.
W {0 A real estate developer shall not make a contribution within 12 months after
termination of its status as a real estate developer.
***
5
SECTION 4. That Miami Beach City Code section 2-490 entitled "Prohibited Campaign
Contributions by Lobbyists on Real Estate Development Issues", subsection (2) thereof, is hereby
amended to read as follows:
Sec. 2-490. Prohibited Campaign Contributions by Lobbyists on Real Estate Development Issues.
***
(2) (ill A person other than a lobbyist on a real estate develovment issue as set forth
in (1) above. who directly or indirectly solicits for or makes a contribution to a
candidate who is elected to the office of mayor or commissioner shall be disqualified
for a period of 12 months following the swearing in of the subject elected official
from lobbying the city commission in connection with a present development
agreement, in connection with a development agreement that is currently being
negotiated, or in connection with a present or pending application with the city for a
change of zoning map designation or a change to the city's future land use map.
(b) A lobbyist on a real estate development issue as set forth in (1 ) above. who
directly or indirectly makes a contribution to a candidate who is elected to the office
of mayor or commissioner shall be disqualified from lobbying the city commission in
connection with a present development agreement. in connection with a development
agreement that is currently being negotiated. or in connection with a present or
pending application with the city for a change of zoning map designation or a change
to the city's future land use map for a period of 12 months from a final finding of
violation.
***
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SECTION 5. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 6. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 7. CODIFICATION.
It is the intention of the Mayor and City Commission ofthe City of Miami Beach, and it is
hereby ordained that the provisions ofthis ordinance shall become and be made a part of the Code of
the City of Miami Beach, Florida. The sections ofthis ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" maybe changed to "section", "article," or other
appropriate word.
SECTION 8. EFFECTIVE DATE
This Ordinance shall take effect the -1.8..t.lL day of June
,2005.
PASSED and ADOPTED this ---8..t1:L day of
, 2005.
, ~~~
.fv David Denner
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June
ATTEST:
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CITY CLERK Robert Parcher
(Requested by Mayor David Dermer & Commissioner Jose Smith)
JKO\ed
F:\atto\OLU\RES-ORD\2-487; 2-488; 2-489; 2-490 (Amendments to Subsections (2 and 3).doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~-
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
TO:
Mayor David Dermer
Members of the City Commission
Murray H. Dubbin ~
City Attorney
DATE: June 8, 2005
FROM:
SUBJECT:
Second Reading: Legislation Amending City Code Chapter 2, Sections 2-487, 2-488, 2-
489 and 2-490 governing "Campaign Finance Reform".
Miami Beach City Code Chapter 2, Article VII, Division 5 thereof entitled "Campaign Finance Reform"
establishes City law regarding prohibited campaign contributions by vendors (Code section 2-487),
lobbyists on procurement issues (Code section 2-488), real estate developers (Code section 2-489), and
lobbyists on real estate development issues (Code section 2-490). Each of these code sections provide
that a "...person or entity who directly or indirectly makes a contribution to a candidate who is
elected to the office of mayor or commissioner shall be disqualified for a period of 12 months
following the swearing in of the subject elected official from serving as a vendor [or real estate
developer, or lobbyist on a procurement matter, or real estate development matter]".
An assessment of the past two City General Election cycles reveals that complaints alleging violations by
prohibited donors of the City's Campaign Finance laws are not filed until well after the subject 12 month
disqualification period has begun to run-accordingly, given the amount of time necessary to resolve
such a complaint, the violator's penalty is usually much less than the intended 12 month period.
Accordingly, the proposed amendments as requested by Mayor Dermer and Commissioner Smith suggest
that the 12 month disqualification period for prohibited donors commence upon a final order of violation,
or from action by the City Commission on a waiver request in the event a waiver of the violation is
sought.
Also proposed is language concerning the effect of a waiver request on the disqualification of a City
vendor. Finally, in those situations in which a waiver has been denied on an existing contract, but due to
the health safety and welfare of the citizens, temporary continuation of said contract is necessary in order
to find a replacement vendor, a "Limited Waiver" is proposed as an amendment to Code section 2-487.
On May 18, 2005, the above issues were approved by the City Commission, and the measures were
passed on first reading-these matters are now being presented to the City Commission on this second
reading, with public hearing afforded.
Agenda Item
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City
of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center
Drive, Miami Beach, Florida, on Wednesday, June B, 2005, to consider the following:
10:15A.M .
, An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled "Miscellaneous
Offenses," To Create Article VI, To Be Entitled "Sexual Offenders And Sexual Predators" And Creating
Sections 70-400, Entitled "Findings And Intent," 70-401, Entitled "Definitions," 70-402, Entitled
"Sexual Offender And Sexual Predator Residence Prohibition; Penalties; Exceptions," Providing For A
Prohibition For Sexual Offenders And Sexual Predators Convicted Of Crimes Under Certain Florida
Statutes From Living Within 2500 Feet Of Specified Locations Within The City Of Miami Beach And
Creating Section 70-403, Entitled "Properly Owners Prohibited From Renting Real Properly To Certain
Sexual Offenders And Sexual Predators; Penalties," Prohibiting Owners Of Real Properly From Renting
Or Leasing Any Place, Structure, Or Part Thereof, Trailer Or Other Conveyance Located Within 2500
Feet Of Specified Locations. _ .
Inquiries may be directed to the City Attorney's Office at (305) 673-7470.
0:30A.M. ' ,
An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 5 Thereof Entitled
"Campaign Finance Reform" By Amending Code Sections 2-487 "Prohibited Campaign Contributions
By Vendors", 2-488 "Prohibited Campaign Contributions By Lobbyists On Procurement Issues", 2-489
. "Prohibited Campaign Contributions By Real Estate Developers", And 2-490 "Prohibited Campaign -
Contributions By Lobbyists On Real Estate Development Issues", By Adding Language Providing That
The 12 Month Period IQ Which A Prohibited Donor Of A Campaign Contribution Is Disqualified From
Certain Specified Associations With. The City Shall Commence Upon A Final Finding Of Violation, Or If
Applicable, Upon Miami Beach City Commission Action On A Waiver Request, And Establishing Effects
Of Waiver; Further Amending Code Section 2-487(B).
Inquiries may be directed to the City Attorney's Office at (305) 673-7470,
10:35 A.M.
An Ordinance Amending Ordinance No. 92-2813, The Defined Contribution Retirement Plan 401 (A), By
Amending The Provisions Of Section 1, Article 5, Subsection 5.03 To Increase The Maximum Monthly
Retirement Disability Benefit To Reflect Annual Cost Of Living Increases.
Inquiries may be directed to the Human Resources Department at (305) 673-7520
10:40 A.M.
An Ordinance Amending Chapter 82, Article V, Division 1, Section 82-438 Of The City Code, Entitled
"Prohibiting Wheeled Conveyances On Beachfront Promenade Boardwalk Except Those Required By
The Handicapped," To Provide For Certain Exceptions To The Prohibition Of Wheeled Conveyances On
The Boardwalk.
Inquiries may be directed to the Police Department at (305) 673-1925
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an ~ent, or to
express their views in writing addressed to the City Commission, c/o the City Clerk, 1~0 . Convention
Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. Copies of ,these ordinance are available
for public inspection during normal business hours in the City Clerk's Office, 1700 Co ention Center
Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such
circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach /
Pursuant to Section 286.0105. Fla. Stal., the City hereby advises the public that: if a person decides to appeal any
decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such
person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission of otherwise inadmissible or irreievant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with
disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding,
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