Sec. 2-11.1.1. Ethical Campaign Practices Ordinance
Sec. 2-11.1.1. Ethical campaign practices ordinance. '
(A) Applicability of Ethical Campaign Practices Ordinance. The Ethical Campaign
Practices Ordinance shall extend to: (i) Candidates, and their respective campaign
staffs, for the Miami-Dade County Commission or Mayor; (ii) Candidates, and their
respective campaign staffs, for the Miami-Dade Fire and Rescue Service District
Board; (Hi) Candidates, and their respective campaign staffs, for Miami-Dade
County Community Councils; (iv) Candidates, and their respective campaign staffs, ,
Lor any municipal elective office within Miami-Dade County; and (v) Any candidate,//
and hIS or her campaign staff, for elective office with a constituency in whole or in
part in Miami-Dade County who agrees to abide by the mandatory and/or voluntary
fair campaign practices provided in subsections (C) and (D). As used herein,
"candidate" means any person to whom anyone (1) or more of the following
applies:
(1) Any person who receives contributions or makes expenditures, or gives his or
her consent for any other person to receive contributions or make
expenditures, with a view to bringing about his or her election to, or retention
in, public office.
(2) Any person who appoints a treasurer and designates a primary depository.
(3) Any person who files qualification papers and subscribes to a candidate's
oath as required by law.
(B) Miami-Dade County Commission on Ethics and Public Trust. The Miami-Dade
County Commission on Ethics and Public Trust ("Ethics Commission") shall have
jurisdiction over the Ethical Campaign Practices Ordinance. The Ethics
Commission shall be empowered to review, interpret, render advisory opinions and
letters of instruction and enforce the mandatory and voluntary fair campaign
practices provided in subsections (C) and (D).
(C) !!fandatorv Fair Camoaiqn Practices.
(1) Prohibitions. A candidate, and his or her campaign staff, for the Miami-Dade
County Commission, Mayor of Miami-Dade County, Miami-Dade Fire and Rescue
Service District Board, Miami-Dade County Community Councils or for any
municipal elective office within Miami-Dade County shall not:
(a) With actual malice make or cause to be made any untrue oral statement
about another candidate or a member of his or her family or staff which
exposes said person to hatred, contempt, or ridicule or causes said
person to be shunned or avoided, or injured in his or her business or
occupation;
(b) With actual malice publish or cause to be published by writing, printing,
picture, effigy, sign or otherwise than by mere speech any untrue
statement about another candidate or a member of his or her family or
staff which exposes said person to hatred, contempt, or ridicule or causes
said person to be shunned or avoided, or injured in his or her business or
occupation;
(c) Willfully injure, deface or damage or cause to be injured, defaced or
damaged by any means any campaign poster, sign, leaflet, handbill,
literature or other campaign material of another candidate;
(d) Knowingly obtain, or cause to be obtained the campaign property of
another candidate with the intent to, temporarily or permanently, deprive
the candidate of a right to the property or a benefit therefrom; or
(e) Knowingly file with the Ethics Commission a groundless or frivolous
complaint against another candidate.
~ (D)
(2) Agreement to abide by Mandatory Fair Campaign Practices. A candidate for
any elective office with a constituency in whole or in part in Miami-Dade
County who is not required to comply with the mandatory fair campaign
practices as provided in subsection (C)(1) may at any time declare that he or
she agrees to abide by the mandatory fair campaign practices, and that he or
she recognizes as compulsory the jurisdiction of the Ethics Commission (a) to
decide whether said candidate has violated the mandatory fair campaign
practices and, if so, (b) to impose the appropriate penalty, if any. The
declaration shall be on a form approved by the Ethics Commission and shall
be irrevocable. Copies of the declaration form shall be on file with the Ethics
Commission, the Miami-Dade County Supervisor of Elections and the Clerk
of the Board of each municipality within Miami-Dade County.
(3) Penalties. In addition to any other penalty provided by law, a finding by the
Ethics Commission that a candidate or a member of his or her staff has
violated one (1) or more of the mandatory fair campaign practices shall
subject said candidate, a member of his or her staff, or both, to an admonition
or public reprimand and/or a fine of five hundred dollars ($500.00) for the first
such violation and one thousand dollars ($1,000.00) for each subsequent
violation. The Ethics Commission may also order a person who violates a
mandatory fair campaign practice to pay restitution when the person or a third
party receives 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.
Voluntary Fair Camoaiqn Practices.
(1) Statement of Fair Campaign Practices. The following voluntary Statement of
Fair Campaign Practices shall guide candidates for public office in Miami-
Dade County:
STATEMENT OF FAIR CAMPAIGN PRACTICES
As a candidate for public office in Miami-Dade County, I believe that political issues can
be freely debated without appealing to racial, ethnic, religious, sexual or other
prejudices. I recognize that such negative appeals serve only to divide this community
and create long-term moral, social and economic problems.
Therefore:
1. I shall not make my race, religion, national origin, gender, physical disability or
sexual orientation an issue in my campaign.
2. I shall not make my opponents' race, religion, national origin, gender, physical
disability or sexual orientation an issue in my campaign.
3. I will condemn any appeal to prejudice based on race, creed, national origin, religion,
gender, physical disability or sexual orientation.
4. I shall not without just cause attack or question my opponent's patriotism.
5. I shall not publish, display or circulate any anonymous campaign literature or political
advertisement.
6. I shall not tolerate my supporters engaging in these activities which I condemn nor
shall I accept their continued support if they engage in such activities. I will not permit
any member of my campaign organization to engage in these activities and will
immediately and publicly repudiate the support of any other individual or group which
resorts to the methods and tactics I condemn.
7. I shall run a positive campaign emphasizing my qualifications for office and positions
on issues of public concern.
8. I will limit my attacks on an opponent to legitimate challenges to that person's record,
qualifications, and positions.
9. I will neither use nor permit the use of malicious untruths or innuendoes about an
opponent's personal life, nor will I make or condone unfounded accusations
discrediting that person's credibility.
10. I will take personal responsibility for approving or disavowing the substance of
attacks on my opponent that may come from third parties supporting my candidacy.
11. I will not use or permit the use of campaign material that falsifies, distorts, or
misrepresents facts.
(2) Agreement to abide by Statement of Fair Campaign Practices. A candidate
for public office in Miami-Dade County as described in subsection (A) may at
any time declare that he or she agrees to abide by the Statement of Fair
Campaign Practices, and that he or she recognizes as compulsory the
jurisdiction of the Ethics Commission (a) to decide whether said candidate
has violated the Statement of Fair Campaign Practices and, if so, (b) to
impose the appropriate penalty. The declaration shall be on a form approved
by the Ethics Commission and shall be irrevocable. Copies of the declaration
form shall be on file with the Ethics Commission, the Miami-Dade County
Supervisor of Elections and the Clerk of the Board of each municipality within
Miami-Dade County. Declarations shall be filed with the Ethics Commission.
(3) Penalty. In addition to any other penalty provided by law, a finding by the
Ethics Commission that a candidate has violated one (1) or more of the
voluntary fair campaign practices shall subject said candidate to an
admonition or public reprimand.
(E) Procedure. The procedures provided in Chapter 2, Article LXXVI of the Code
of Miami-Dade County shall govern all complaints or requests for advisory
opinions brought pursuant to the Ethical Campaign. Practices Ordinance. No
action may be taken on a complaint filed more than one (1) year after the
violation is alleged to have occurred unless a person, by fraud or other
device, prevents discovery of the violation.
(Ord. No. 98-94, 9 1, 7-7-98; Ord. No. 04-204, 9 1, 12-2-04)
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