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General Information r General Information City Hall Access/Hours - City Hall has undergone extensive security-related upgrades recently that are in line with modern measures found throughout other government offices. These upgrades include Photo Identification Access cards for all City employees, security cameras, and security guard services for City Hall. Photo Identification Access cards can be programmed for access to City Hall during non- standard hours of operation. Commissioners and other essential personnel are given 7 -day, 24-hour access to City Hall. Please contact John Babcock at the Police Department's Records Unit at extension 5831 to arrange for your Photo Identification Access card to be provided to you. Attached is a copy of a recent memorandum that was sent to all City employees regarding our new enhanced security measures. Insurance/Salaries/Benefits - City Commissioners are entitled to many of the same benefits granted to regular City employees. These benefits range from health, dental, and life insurance, as well as pension benefits. Some of these benefits are described in the attached sheet. Further details will be provided to you by the City's Human Resources Department. r Office of the Mayor and Commission - Staffing for the Mayor includes three (3) aides and one (1) secretary and one (1) aide and a half-time (0.5) secretary for each Commissioner. The annual expense allowance for the Mayor is $18,000 and for each Commissioner it is $13,200. The annual travel allowance for the Mayor is $3,750 and for each Commissioner it is $2,500. There is an additional $5,000 for business related trips that is at the Mayor's discretion. Please see Office Manager Luis Wong in the Office of the Mayor and Commission for any travel and expense allowances and direct payment reimbursement information. Parking Decals - "G" decals are parking permits issued to the Mayor, City Commissioners, City Manager, Deputy City Manager, Assistant City Managers, City Attorney, Chief Deputy City Attorney, and Deputy City Attorneys. These permits allow the user to park in any legal space throughout the City as well as in designated "G" spaces located around City Hall. Permits are issued by the Parking Department and will be provided to you. Code of Ethics - There are a number of City of Miami Beach, Miami-Dade County, and State of Florida ethic ordinances that are important to be aware of. An Ethics Information package compiled by the City Attorney's Office is attached. Also attached is a copy of the International City/County Management Association (ICMA) Code of Ethics with Guidelines that the City Administration follows and adheres to. r ti ti (j ... ... ~' (t> ::!l ~ ::l 0 (1l ...... Q.. Q.. (j ~ (j 0 ~~ 0 a ~ e .., ~ a.: tc ::l S (1l '" 0' ~ !!? 0' ::l :::" "tl "tl :s ~ ... ..... r ::: '" ~ ,.-.. g" VI .j>. 0 -.J 0 ,.-.. - "tl = < Il> ~ .., 0 '-' ~ E' ::: ~ g S '.,":';.'." .., ,"-",'. -';:~e,~ 'cor.; <rZZ;iO';l ~ 0 a ('tl .., (tl ~ 8 0' (j i? (j o = :::s -. _ _. ......q::;:~-<~ ~ _. _. 0- oc<:rQ..n",n . C (1l 0 ..... 0 ~ g. 0' & s' & o::s l<oooi _.4 _. _. Q'" C'" Q~:;;~ ~ ~~~ '" '" ;::R(1lg - 0 0 C> (j... ~ ~ o -. :s ~. ,...,'<'" !if 0 0 o' , ,..., ...... C (j <'6 '6 ~ .., :::" (1l ..... ~C C '" ~ ~. S'~ .., ~VI '" Il> :-'0 g: 0 -. tg ~ g~ ... ,...,,,,~ 0 :r('::nr ., m 0 n ~e'6 ...... o (1l C n e Q.. 0 0 !' 0 -, 8 c -< ::: (1l "'1 a:::t ..... ill z"'s: Q.. Il> . ~ (1l ..... <:r -, c ~ o <t ~ - S" 0 Q; ~ ... ~~ ... Q.. - .j:>. 0' -<: ~ 0' . co ~ .., 0 ~ 0\ ~ ..... S' = w.' (i' -< n '< g [ q (1l :::" ~ 0 '" 0 C '" 9 0 '" ::-:' "0- 0' Q.. (1l (1l _C = '" .., ... ::: <:r '" w '" !!l, !it ? wo :::" 0 (j o .., ::;: S- o ... .., s (1l 3 '" & ::: 0 ::;: Q.. - 0 .., ~ a.: (j .., (1l g: (1l Q.. S ~ Q..... 3 el 0' (1l "0 (1l 0 ::: 0 (1l ::: ; '" .., ::: Q.. ~ Q..(1l ~ (1l a """"\ gj ~ a", '" E;'t 0 ... 0\ ::: W (1l 0 r CITY OF MIAMI BEACH Office of the City Manager Interoffice Memorandum m To: All City Employees Date: October 16,2001 From: Jorge M. Gonzalez )r~. City Manager U f ENHANCED SECURITY MEASURES FOR ALL CITY EMPLOYEES Subject: The recent national events have deeply saddened and transformed our nation, leaving us all with a great deal of anxieties. I would like to assure you that every precaution is being pursued to insure the welfare of everyone who comes to work and enjoy our beautiful City. While we are aware that the attacks on our nation must not alter our enjoyment and participation of an open society, we do recognize the need to protect freedoms previously taken for granted. With these considerations kept in mind, we have created a plan of action which calls for greater security throughout our neighborhoods and city government facilities. Effective immediately, the following steps have been implemented for the time being in City Hall. Similar precautions will also be undertaken at other City buildings. We ask for your patience and cooperation as we implement these steps and although they may be inconvenient, they are necessary to ensure your safety and those of our visitors: r I Employee ID Badges - All employees will be required to wear their employee 10 badges in a visible place, either around your necks or clipped to a part of your clothing to identify you as an employee of the City. If you have lost your employee 10 badge, you must go to Human Resources and obtain the proper form and have your supervisor approve and sign off in order to reissue a new 10 badge. Once you have your signed form, gQ to the Records Unit of the Miami Beach Police Department (located at 1100 Washington Avenue) to obtain your replacement 10 badge. The Police Department has arranged for extended hours of operation of the Records Unit for this week and will be open from 8:30 a.m. to 5:00 p.m. in order to issue replacement employee 10 badges. If you need to contact the Records Unit, please call x. 7100. City Hall Entrances - All entrances to City Hall are now better secured. The main entrance on Convention Center Drive as well as the back entrance to City Hall will now be monitored from 8:00 a.m. to 6:00 p.m. by public safety personnel. All employees, visitors, persons making a delivery, etc. entering the building through Convention Center Drive will be required to show a picture 10. For ease of flow in and out of the building through this entrance, employees should have their employee 10 badges visible at all times. In addition, all visitors will be asked to leave a picture 10 with the public safety officer and will be issued a visitor badge to display while in the building. In order to enter and exit City Hall through the back door, employees will need to show their employee 10 badge at all times. In addition, we ask that you do not allow anyone to enter or exit the building through the back door if they are not a City employee. If you see anyone trying to use this door who does not have an employee 10 badge, please ask them to use the main entrance. r Mail and Packages - Effective today, Central Services will open all mail and packages (FEDEX, UPS, etc) for all City Oepartments and place in the Department mail slots. For all those personnel in Central Services who deal with mail or packages, the U.S. Postal Service and the Police Oepartment will conduct a training session to help all of you. Please be advised that due to the increased workload this will produce for Central Services, we ask that no personal mail or packages be sent to City Hall. In the meantime, if you see a suspicious package or one that does not have a - return address, please call the Police Department at 305-673-7900 to report. The likelihood of receiving a package or letter containing suspicious substances is remote. However, it is important for all employees to be aware of the characteristics that are common to suspicious packages. Some indicators include, but are not limited to, the following: . Mailed from a foreign country . Excessive postage . Misspelled words . Addressed to title only with no specific name . Wrong title with name . Rigid or bulky . Badly typed or hand written . Other notes or markings other than the directory information . No return address . Strange odor . Lopsided or protruding item . Stains on envelope or wrapping of package Security Training - The City be conducting various training sessions that deal with security issues. All City staff will be asked to attend a general training session that will focus on various security issues to ensure that we all understand the issues we are dealing with. You will be advised when these sessions are scheduled for. Parking - The City will ensure that the parking lots in the immediate vicinity of City Hall are also secure and safe. We are working on a plan and will share with you as soon as it is final. We anticipate parking restrictions around City Hall as well as more restricted access to the west surface lot behind City Hall. ~ , In regards to law enforcement and public safety, both the Miami Beach Police and Fire departments have been trained to handle a variety of threats and are ready to respond effectively. Having dealt in the past with an assortment of natural and man-made disasters, both departments are rich in experience and possess a keen understanding in dealing with crisis situations. Police training, already comprised of detailed operational plans to combat a score Of circumstances, is currently being expanded to include a wider array of incidents and tactical responses. To date, the Police Department is on a heightened state of alert with increased patrols throughout the city as well as in certain locations deemed sensitive. For employees who believe they may have any information regarding a crime or concerns of any kind, please contact the Miami-Dade County TIPS line at 305-471- TI PS (8477) or our local Police Department at 305-673-7900. For emergency calls only, please dial 911. Our City, like our nation, is devoted to moving past the recent tragic events while never forgetting the lives lost and the heroism exemplified. While we must all be committed to preserving the freedoms of this country, we must now recognize that stricter security measures need to be followed by all of us to ensure our cumulative well-being. Please rest assured that we are dedicated to ensuring the public safety of all of our employees, citizens and visitors, while maintaining customer service excellence and professionalism as a top priority. """'I JMG\RI F:/cmgr/aIUjorgegon/memoslsecuritymeasures I""- r r I. MIAMI BEACH ETHICS ORDINANCES (CITY CODE CHAPTER 2, ARTICLE VII & VIII) A. Division 2. Officers; Employees and Agency members. A. Certain [board member] appearances prohibited, Miami Beach Code Section 2-459. B. Division 3. Lobbyists, Miami Beach Code Sections 2-481 - 2-485.1. c. Division 4. Procurement. D. Article VIII, Quasi-Judicial Proceedings, Miami Beach Code Sections 2-511 - 2-513. (Article VIII). (pages CD2:49-51). E. Representative appearance before agency, board or committee by former member prohibited for one year, Miami Beach Code Section 2-26. .-.., ARTICLE VII. STANDARDS OF CONDUCT* *State law reference(s)-Conflicts of interest and standards of conduct. F.S. ~ 112.311 et seq. DIVISION 1. GENERALLY S!"cs. 2-426--2-445. Reserved. DIVISION 2. OFFICERS, EMPLOYEES AND AGENCY MEMBERS* *Editor's note--Per request of the city. the title of Div. 2 was changed to include the term "agency members." Cross reference(s)-Officers and employees generally, ~ 2-191 et seq. ~ Sec. 2-446. Declaration of policy. It is the policy of the city commission that no officer or employee of the city, or any of its agencies or subdivisions. and no member of the city commission, shall have any interest. financial or otherwise, direct or indirect, or engage in any business transaction, or professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of his duties in the public interest. To implement such policy and strengthen the faith and confidence of the people of the city in their government. there is enacted a code of ethics, setting forth standards of conduct to be observed by all city officers and employees in the performance of their official duties. It is the intent of the city commission that this code shall serve no'-only as a guide for official conduct of publiC servants in this city, but also as a basis for discipline of those who violate the provisions of this article. (Code 1964. ~ 2-43) Sec. 2-447. Penalties for violation of division. Violation of any provision of this division shall constitute grounds for dismissal from employment, or removal from office, or other penalty as provided by law. (Code 1964, ~ 2-47.2) -., Sec. 2-448. Restriction on employment and appointment of city commission relatives. r employment. It is not the intent of this division, nor shall it be construed, to prevent any officer or employee of the city from accepting other employment or following any pursuit that does not interfere with the full and faithful discharge by such officer or employee of his duties to the city. (Code 1964, ~ 2-47.1) Sec. 2-457. Voidability of prohibited transactions; procedure upon reports of violations. (a) Void and voidable transactions. 'Any contract, agreement or business engagement entered into in violation of this division shall render the transaction void where so provided in the Charter; otherwise, the same shall be voidable. Willful violations of this division shall constitute a malfeasance in office, whether elected or appointed, and shall effect forfeiture of such office or position pursuant to the method set forth in this division. (b) Charges and hearings. Any classified employee of the city accused of a violation of the provisions of this division shall be removed as such employee by his appointing officer if, after investigation by such appointing officer, such accusation appears to be true. Written charges shall be preferred against such employee, as provided for by the personnel rules of the city. (2) In the event of an alleged violation of this article by an officer or official or appointed member of commission or agency or employee other than a classified employee, full written specifications of the alleged violation shall be sworn to by the person making such charges, and duly submitted to the city commission. The city commission shall determine if there exists a prima facie and bona fide alleged violation of this division by a majority vote of the city commission; except that, if the alleged violation touches or concerns a member of the city commission, such member shall be disqualified from participating in such determination, and the vote required shall be five-sixths of the remaining members of the city commission. (1) r (3) r '. ;,\1I11lroo., If such charges appear to constitute a violation of this division by such vote of the city commission, the written specification$constituting such alleged violation shall be served upon the person so charged, and the city commission shall set a public hearing not less than 15 days thereafter for a determination of the validity of such charges. If, upon competent evidence presented to the city commission at such hearing, the charges are substantiated, and it appears that this division has been violated, the city commission, by a majority vote of all its members, except where the person charged is a member of the city commission, in which case the vote required shall be five-sixths of the remaining members of the city commission, shall remove the person charged from his office and responsibilities as an officer, official or member of a board, commission or agency of the city. ~ (Code 1964, ~ 2-47.3) Sec. 2-458. Supplemental abstention and disclosure requirements. In addition to those conflict of interest abstention and disclosure requirements currently required by state and/or county law, the following requirements shall also apply to public officers: (1) A public officer with a conflict of interest on a particular matter is prohibited from participating in that matter. "Participation" means any attempt to influence the decision by oral or written communication, whether made by the officer or at the officer's direction. Written disclosures of conflict of interest shall contain the full nature of the conflict at issue, including but not limited to names of individuals whose relationship with the officer results in the subject conflict, and all material facts relevant to the conflict issue. The written memorandum disclosing conflict of interest shall be stated into the record before any discussion begins on the subject agenda item. This written disclosure memorandum must be filed regardless of whether the officer possessing the conflict was in attendance or not during consideration of the subject item. (2) --, (3) "Public officer" includes any person elected or appointed to hold office in any agency. (4) "Agency" shall mean any board, commission, committee or authority of the city, whether advisory, ad hoc or standing in nature. (Ord. No. 97-3105, ~ 1,12-17-97) Sec. 2-459. Certain appearances prohibited. (a) No member of a city board, agency or committee or a member of any board, agency or committee created hereafter which is designated as a board, agency or committee subject to the purview of this section shall: (1) Either directly or through an associate, appear, represent or act on behalf of a third person before the city commission or any city agency with respect to any agency action sought by the third person. Either directly or through an associate be engaged as a lobbyist for and on behalf of a third person with respect to any official action by any public officer sought by such third person. (b) Definitions. As used in this section, the following definitions shall apply: (2) -'""'I r No relative of any member of the city commiSSion may be appointed, employed, promoted or advanced in or to a position in the city if the city commission exercises jurisdiction or control over the appointment, employment, promotion or advancement. (b) Relative means an individual who is related to any member of the city commission as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister. (a) (Ord. No. 94-2912, 3-16-94) Sec. 2-449. Acceptance of gifts, favors, services. No officer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. (Code 1964, ~ 2-44(1)) r Sec. 2-450. Disclosure of interest in business. If an officer or employee of the city is an officer, director, agent or member of or owns a controlling interest in any corporation, firm, partnership or other business entity subject to the regulation of or which has substantial business commitments from the city, he shall file a swom statement disclosing such interest with the clerk of the circuit court of the county. "Controlling interest" means ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership or other business entity. (Code 1964, ~ 2-44(2)) Sec. 2-451. Use of position to secure special priVileges. No officer or employee of the city shall use or attempt to use his official position to secure special privileges or exemptions for himself or others, except as may be otherwise provided by law. (Code 1964, ~ 2-44(3)) Sec. 2-452. Disclosure of confidential information. (a) No officer or employee of the city shall accept employment or engage in any business or professional activity that he might reasonably expect would require or induce him to disclose confidential information acquired by him, by reason of his official position. No officer or employee of the city shall disclose confidential information gained by r (b) reason of his official position, nor shall he otherwise use such information for his personal gain or benefit. ~ (Code 1964, ~ 2-44(4), (5)) Sec. 2-453. Outside employment. (a) No officer or employee of the city shall accept other employment that might impair his independence of judgment in the performance of his public duties. (b) No officer or employee of the city .shall receive any compensation for his services from any source other than the city of which he is an employee, except as otherwise provided bylaw. (c) No person holding the office of municipal judge of the city shall accept any professional employment, or appear as an attomey in any cause, matter or proceeding, in the county court, in and for the county, when he knows or may be reasonably expected to know that a police officer or other officer or employee of the city will be a party or witness in such cause, matter or proceeding in such county court. (Code 1964, ~ 2-44(6)-(8)) Sec. 2-454. Transacting business with business entities I" which employee or officer has interest; restrictions on personal investments. (a) No officer or employee of the city shall transact any business in his official capacity with any business entity of which he is an officer, director, agent or member, or in which he owns a controlling interest. (b) No officer or employee of the city shall have personal investments in any enterprise that will create a substantial conflict between his private interests and the public interest. ~ (Code 1964, ~ 2-45) Sec. 2-455. Procedure by officer or employee when in doubt as to applicability of division. When any officer or employee of the city is in doubt as to the application of this division as to himself, he may submit to the attorney general a full written statement of the facts and questions he has. The attomey general may then render an opinion to such person, and shall publish these opinions without use of the name of the person advised unless such person requests the use of his name. (Code 1964, ~ 2-47) ~ Sec. 2-456. Division not to prevent officer or employee from accepting other r r Agency means any board, commiSSion, committee or authority of the city, whether advisory, ad hoc or standing in nature. Associate means any person or entity engaged in or carrying on a business enterprise . with a city agency member as a partner, joint venturer, or co-corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange or co-owner of property. Lobbyist means all persons, firms, or corporations employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat, or modification(s) of any of the following: (1) ordinance, resolution, action or decision of any commissioner; (2) any action, decision, or recommendation of any city bOlilrd or committee; or (3) any action, decision or recommendation of the city manager, deputy city manager, assistant city managers, all department heads, all division heads, city attorney, chief deputy city attomey, deputy city attorneys, and/or all assistant city attorneys. (except when such personnel are. acting in connection with administrative hearings) during the time period of the entire decision-making process on such action, decision or rec~mmendation which foreseeably will be heard or reviewed by the city commission or a city agency. "Lobbyist," as defined above, specifically includes the principal, as described above, as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. For purposes of this section, "lobbyist" shall exclude any person who only appears as a representative of a not for profit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item. Public officer means any person elected or appointed to hold office in the city, as a member of an agency which shall include an advisory body. (Ord. No. 97-3105, ~ 1,12-17-97) Secs.2-460--2-480. Reserved. DIVISION 3. LOBBYISTS r Sec. 2-481. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commissioners. .~ Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas of responsibility. Commissioners means the mayor and members of the city commission. Deparlmental personnel means the city manager, all assistant city managers, all department heads, the city attorney, chief deputy city attorney and all assistant city attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any city board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the city commission, or a city board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or __ employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the city that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777, ~~ 1, 2, 3-4-92; Ord. No. 92-2785, ~~ 1, 2, 6-17-92) Cross reference(s)-Definitions generally, ~ 1-2. Sec. 2-482. Registration. (a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (1) His name; (2) His business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and ""'" . r (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional city commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. (c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified: Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, or trust. (d) Separate registration shall be required for each principal represented on each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The city clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. r In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists shall be required prior to October 1 of every even-numbered year; and the fee for biennial registration shall be as specified in appendix A. (g) In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current city commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (f) (h) r The registration fees required by subsections (a) and (f) of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the city manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. Prior to conducting any lobbying on a matter, all lobbyists subject to the registration requirements of this section must file a form with the city clerk, signed by the principal or the principal's representative, stating that the lobbyist is authorized to represent the principal. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register with the clerk as required by this section. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (i) All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. Commissioners or city personnel may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the commissioner or the relevant committee, board or city personnel. (j) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F.S. ~ 11.045. (Ord. No. 92-2777, ~ 3, 3-4-92; Ord. No. 92-2785, ~ 3, 6-17-92; Ord. No. 2000-3243, ~ 1, 5-10-00) Sec. 2-483. Exceptions to registration. Any pUblic officer, employee or appointee or any person or entity in contractual privity with the city who only appears in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations. All speakers shall, however, sign up on forms available at the pUblic hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attomey, officer or employee of such person. (a) (Ord. No. 92-2777, ~~ 4,5,3-4-92; Ord. No. 92-2785, ~~ 4,5,6-17-92) Sec. 2-484. Sign-in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration when they meet with any personnel as defined in section 2-481. -'"""I -" -., r- documents, RFP, RFQ, RFLI; provided, however, that failure to do so shall not render any contract entered into as the result of such failure illegal per se. (b) Except as otherwise provided in subsection (a) herein, the validity of any action or determination of the city commission or city personnel, board or committee, shall not be affected by the failure of any person to comply with the provisions of this division. r r, (Ord. No. 2000-3243, ~ 1, 5-10-00) .~ (Ord. No. 92-2785, ~ 6, 6-17-92) Sec. 2-485. List of expenditures; reporting requirements. (a) On October 1 of each year, lobbyists subject to lobbyist registration requirements shall submit to the city clerk a signed statement under oath as provided herein listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. The statement shall list in detail each expenditure by category, including food and beverage, entertainment, research, communication, media advertising, publications, travel, lodging and special events. (b) The city clerk shall notify any lobbyist who fails to timely file an expenditure report. In addition to any other penalties which may be imposed as provided in section 2-485.1, a fine of $50.00 per day shall be assessed for reports filed after the due date. (c) The city clerk shall notify the Miami-Dade County Commission on Ethics and Public Trust of the failure of a lobbyist to file a report and/or pay the assessed fines after notification. (d) A lobbyist may appeal a fine and may request a hearing before the Miami-Dade Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15 calendar days of receipt of the notification of the failure to file the required disclosure form. The Miami-Dade Commission on Ethics and Public Trust shall have the authority to waive the fine, in whole or in part, based on good cause shown. --. , (Ord. No. 92-2777, ~ 6, 3-4-92; Ord. No. 92-2785, ~ 7, 6-17-92; Ord. No. 2000-3243, ~ 1, 5-10-00) Sec. 2-485.1. Penalties. (a) A finding by the Miami-Dade County Commission on Ethics and Public Trust that a person has violated this division shall subject said person to those penalties set forth within subsections 2-11.1 (s) and (u) of the Metropolitan Dade County Code, said penalties including admonition, public reprimand, fines, as well as prohibitions from registering as a lobbyist or engaging in lobbying activities before the city. Also, a bidder or proposer shall be subject to the debarment provisions of sections 2-397 through 2-406 as if the bidder or proposer were a contractor where the bidder or proposer has violated this division either directly or indirectly or any combination thereof, on three or more occasions. As used herein, a "direct violation" shall mean a violation committed by the bidder or proposer and an "indirect violation" shall mean a violation committed by a lobbyist representing said bidder or proposer. A contract entered into in violation of this division shall also render the contract voidable. The city manager shall include the provisions of this subsection in all city bid ~ r r DIVISION 4. PROCUREMENT Sec. 2-486. Cone of silence. (a) Contracts for the provision of goods, services, and construction projects other than audit contracts. (1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any communication regarding a particular request for proposal ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's administrative staff including, but not limited to, the city manager and his or her staff; (b) any communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's administrative staff including, but not limited to, the city manager and his or her staff; (c) any communication regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ, RFLI or bid between the mayor, city commissioners or their respective staffs and.any member of a city evaluation and/or selection committee. Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community development, and communications with the city attorney and his or her staff. (2) Procedure. a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any public solicitation for goods and services a statement disclosing the requirements of this division. b. The cone of silence shall tenninate (i) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the manager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the mayor and members of the commission and the city manager; providing further if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or (ii) in the event of contracts for less than $25,000.00 when the city manager executes the contract. (3) Exceptions. The provisions of this section shall not apply to: (a) oral communications at pre-bid conferences; (b) oral presentations before evaluation committees; (c) contract discussions during any duly noticed public meeting; (d) public presentations made to the city commissioners during any duly noticed public meeting; (e) contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid by the city commission; or (f) communications in writing at any time with any city employee, official or member of the city commission, unless specifically prohibited by the applicable RFP, RFQ, RFLI, or bid documents; or (g) city commission meeting agenda review meetings between the city manager and the mayor and individual city commissioners where such matters are scheduled for consideration at the next r I""" r commission meeting. The bidder, proposer, vendor, service provider, lobbyist, or consultant shall file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon request. (b) Audit contracts. (1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member of the city's administrative staff including, but not limited to the city manager and his or her staff, (b) any oral communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners or their respective staffs and any member of the city's administrative staff including, but not limited to, the city manager and his or her staff; and (c) any communication regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee; and (d) any communication regarding a particular RFP, RFQ or bid between the mayor, city commissioners or their respective staffs and any member of a city evaluation and/or selection committee. Notwithstanding the foregoing, the cone of silence shall not apply to communicatio~ with the city attorney and his or her staff. (2) Except as provided in subsections (b )(3) and (b)( 4) hereof, a cone of silence shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of the imposition of the cone of silence, the city manager or his or her designee shall provide for the public notice of the cone of silence. The cone of silence shall terminate (a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the manager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the mayor and members of the commission and the city manager; providing further if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or (b) in the event of contracts for less than $25,000.00 when the city manager executes the contract. (3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service provider, lobbyist, or consultant (a) from making public presentations at duly noticed pre- bid conferences or before duly noticed evaluation committee meetings; (b) from engaging in contract discussions during any duly noticed public meeting; (c) from engaging in contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (d) from communicating in writing with any city employee or official for purposes of seeking clarification or additional information from the city or responding to the city's request for clarification or additional information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer etc. shall file a copy of any written communication with the city clerk. The city clerk shall make copies available to the general public upon request. (4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, vendor, service provider, consultant, or other person or entity from publicly addressing the city r r r r / commissioners during any duly noticed public meeting regarding action on any audit contract. The city manager shall include in any public solicitation for auditing services a statement disclosing the requirements of this division. (c) Violations/penalties and procedures. A violation of this section by a particular bidder, proposer, vendor, service provider, lobbyist, or consultant shall subject said bidder, proposer, vendor, service provider, lobbyist, or consultant to the same procedures set forth in Division 5, entitled "Debarment of Contractors from City Work" shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant void; and said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be prohibited from serving on a city evaluation and/or selection committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to disciplinary action up to and including dismissal. Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the city attorney's office or state attorney's office and/or may file a complaint with the county ethics commission. (Ord. No. 99-3164, ~ 1, 1-6-99; Ord. No. 2001-3295, ~ 1,3-14-01) r DIVISION 4. PROCUREMENT Sec. 2-486. Cone of silence. (a) Contracts for the provision of goods and services other than audit contracts. (1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any communication regarding a particular request for proposal ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's professional staff including, but not limited to, the city manager and his or her staff; and (b) any communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's professional staff including, but not limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community development, and communications with the city attorney and his or her staff. (2) Procedure. r A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any public solicitation for goods and services a statement disclosing the requirements of this division. b. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) in the event of contracts for less than $10,000.00, when the city manager executes the contract. a. (3) Exceptions. The provisions of this ordinance shall not apply to oral communications at pre-bid conferences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the city commissioners during any duly noticed publiC meeting, contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid by the city commission, or communications in writing at any time with any city employee, official or member of the city commission, unless r specifically prohibited by the applicable RFP, RFQ, RFU, or bid documents. The bidder or proposer shall file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon request. (b) Audit contracts. (1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications regarding a particular RFP, RFQ, RFU, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member of the city's professional staff including, but not limited to the city manager and his or her staff, and (b) any oral communication regarding a particular RFP, RFQ, RFU, or bid between the mayor, city commissioners or their respective staffs and any member of the city's professional staff including, but not limited to, the city manager and his or her staff. No.twithstanding the foregoing, the cone of silence shall not apply to communications with the city attorney and his or her staff. Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be imposed upon each RFP, RFQ, RFU, or bid for audit services after the advertisement of said RFP, RFQ, RFU, or bid. At the time of the imposition of the cone of silence, the city manager or his or her designee shall provide for the public notice of the cone of silence. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to the selection of a particular RFP, RFQ, RFU, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be. reimposed until such time as the manager makes a subsequent written recommendation, or b) or in the event of contracts for less than $10,000.00, when the city manager executes the contract. (2) Nothing contained herein shall prohibit any bidder or proposer: (i) from making public presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee meetings; (ii) from engaging in contract discussions during any duly noticed public meeting; (iii) from engaging in contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (iv) from communicating in writing with any city employee or official for purposes of seeking clarification or additional information from the city or responding to the city's request for clarification or additional information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any written communication with the city clerk. The city clerk shall make copies available to the general public upon request. (4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other (3) """'" ~ ~ (c) person or entity from publicly addressing the city commissioners during any duly noticed public meeting regarding action on any audit contract. The city manager shall include in any public solicitation for auditing services a statement disclosing the requirements of this division. Violations/penalties and procedures. An alleged violation of this section by a particular bidder or proposer shall subject said bidder or proposer to the same procedures set forth in section 2-457, shall render any RFP award, RFO award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be considered for any RFP; RFO, RFlI or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be prohibited from serving on a city evaluation committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to disciplinary action up to and including dismissal. Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the state attomey and/or may file a complaint with the county ethics commission. r (Ord. No. 99-3164, ~ 1, 1-6-99) Secs.2-487--2-510. Reserved. r r ~ ARTICLE VIII. QUASI-JUDICIAL PROCEEDINGS Sec. 2-511. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means an individual, corporation or other authorized legal entity filing an application or an appeal which i.nitiates a quasi-judicial proceeding, including the city staff and the city commission and boards. Application means an application for a site-specific rezoning, variance, conditional use permit, design review approval or other request for a quasi-judicial proceeding or appeal as authorized by the city's zoning ordinance, codified in chapter 142, or the city Code. City board means any duly constituted board of the city. City stafl means an employee of the city. Ex-parte communication means any written or oral communication with any member which may directly or indirectly influence the disposition of an application, other than those .-, made on the record during a public hearing. Matter. See the definition of Application in this section. Member means the mayor, a city commissioner or a member of the board of adjustment, pla~ning board, design review board, historic preservation board, floodplain management board or any other city board which makes quasi-judicial decisions. Quasi-judicial means and refers to an action or proceeding by the city commission or a city board on an application for a site-specific rezoning, variance, conditional use permit, design review approval or other request. other than a comprehensive plan amendment, which has an impact on a limited number of persons or property owners, on identifiable parties and interests, where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing, and where the decision can be functionally viewed as policy application, rather than policy setting, or as may otherwise be defined by case law. (Ord. No. 97-3084, ~ 1 (2-34(A)), 6-18-97) Cross reference(s)--Definitions generally, ~ 1-2. Sec. 2-512. Access to publiC officials. (a) The following procedure is hereby established for all ex-parte communications with any local pUblic official who recommends or takes quasi-judicial action as a member of a city board or the city commission which relates to quasi-judicial actions pending before the -... r subject official: (1) The subject matter of any ex-parte communication, together with the identity of the person, group or entity with whom the communication took place, shall be disclosed and made a part of the record on file with the city prior to final action on the matter. (2) Any written ex-parte communication subject to this procedure shall be placed in and made a permanent part of the record on file with the city prior to final action on the matter. (3) Members of the city commission and other city boards and commissions may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. The existence of such investigation, site visit or expert opinion shall be made a part of the record on file with the city prior to final action on the matter. Any ex-parte communication or activity regarding a pending quasi-judicial matter and not physically made a part of the record on file with the city and available for public inspection prior to the public meeting on the matter shall be orally stated and disclosed on the record at the public meeting prior to the vote on the matter, so that persons who have contrary opinions to those expressed in the ex-parte communication are given a reasonable opportunity to refute or respond to the communication. (4) r (b) Adherence to the procedures set forth in this section shall remove the presumption of prejudice arising from ex-parte communications with local public officials. (c) Public officials are not subject to F.S. ~ 112.311 et seq. for not complying with the requirements of this section. (Ord. No. 97-3084, ~ 1(2-33), 6-18-97) r (b) Sec. 2-513. Conduct of hearings. (a) Legal representation. (1) Applicants. Applicants may be represented by legal counsel. (2) City boards. The board or city commission shall be represented by the city attomey's office. (3) Staff. Staff may be represented by outside counsel when appearing before the board or city commission during an appeal of any matter or when appearing as an applicant, or when otherwise appropriate. Participants at hearings. All who testify on any matter must sign in and be sworn by the presiding officer. All persons testifying subject themselves to cross examination. Each 'person, other than the salaried members of city staff, who addresses the board shall provide the board with the following information in writing on forms to be supplied by the clerk: """'" (1) Name; (2) Address; (3) Whether they speak for themselves, a group of persons or a third party; if the person says that they represent an organization, they shall also indicate whether the view expressed by the speaker represents an adopted position of the organization; (4) Whether there is compensation by the persons on whose behalf they speak; and (5) Whether they or any member of their immediate family has a personal financial interest in the pending matter. Lobbyists shall register with the city clerk in accordance with section 2-482. (c) Conduct of hearing. (1 ) The initial order of the hearing shall be as follows: a. The chair shall announce the particular agenda item, and open the public """\ hearing. The chair shall preside over the meeting and shall administer oaths. b. The applicant, witness, staff and all participants aSking to speak shall be sworn, excluding attorneys unless they testify. c. The board shall decide any parliamentary objections and objections to evidentiary matters with the advice of the city attorney. d. The board may ask questions of any speaker at any time during the proceeding. e. The staff shall present its report, offer it into evidence and have it made part of the record. f. The applicant shall present its case. g. Participants in support of the application shall present their testimony and any evidence. h. Opposition shall have the right to cross examine individual speakers, other than attomeys who are not testifying. (2) After the presentation in favor of the matter, the hearing shall proceed as follows: -.. a. Participants in opposition to the application shall present their testimony r f b. and evidence. The applicant or any participants in support of the application shall have . the right to cross examine individual speakers. Rebuttal by staff, if requested. Staff shall be subject to cross examination. Any other member of the public may testify and present evidence and is subject to cross examination. Rebuttal by the appUcant, if any. The chair closes the public hearing. The board shall discuss the matter and render a decision. c. d. e. f. Following the final disposition of the application, all evidence admitted at the hearing, the application file, all staff reports and the adopted order promulgating the decision of the commission shall be maintained in a separate file constituting the record of the application. The record shall be kept in the custody of the appropriate staff at all times during the pendency of the application. The record will be made available to the public for inspection upon request in accordance with the Public Records Law, F.S. S 119.01 et seq. All quasi-judicial hearings shall be recorded. A court reporter may be retained and paid for by any person. (Ord. No. 97-3084, S 1{2-34{B--D)), 6-18-97) r \ Sec. 2-26. Representative appearance before agency, board or committee by former member prohibited for one year. No person who has served upon any city advisory agency, board or committee, the zoning board of adjustment, the pension board or the personnel board may appear, in a representative capacity, before such agency, board or committee of which he has been a member, for a period of one year following the cessation of his membership thereon. (Ord. No. 97-3086, ~ 1.3.4, 7-2-97) Secs.2-27--2-30. Reserved. .~ ~ --,. - r r II MIAMI-DADE COUNTY ETHICS ORDINANCES A. Conflict of Interest and Code of Ethics Ordinance, Miami-Dade County Code Section 2-11.1. @ Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 1 of2 ""- PART III CODE OF ORDINANCES Chapter 2 ADMINISTRATION" ARTICLE I. IN GENERAL Sec. 2-11.1. Conflict of Interest and Code of Ethics Ordinance. Sec. 2-11.1. Conflict of Interest and Code of Ethics Ordinance. (a) Designation. This section shall be designated and known as the "Miami-Dade County Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all County personnel as defined herein, and shall also constitute a minimum standard of ethical conduct and behavior for all municipal officials and officers, autonomous personnel, quasi-judicial personnel, advisory personnel, departmental personnel and employees of municipalities in the County insofar as their individual relationships with their own municipal governments are concerned. References in the section to County personnel shall therefor be applicable to municipal personnel who serve in comparable capacities to the County personnel referred to. (Ord. No. 72-82, S 1, 11-21-72; Ord. No. 73-27, S 1, 3-20-73) . (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "Commissioners" shall refer to the Mayor and the members of the Board of County Commissioners as duly constituted from time to time. (2) The term "autonomous personnel" shall refer to the members of semi-autonomous authorities, boards, and agencies as are entrusted with the day to day policy setting, operation and management of certain defined County functions or areas of responsibility, even though the ultimate responsibility for such functions or areas rests with the Board of County Commissioners. (3) The term "quasi-judicial personner' shall refer to the members of the Community Zoning Appeals Board and such other boards and agencies of the County as perform quasi-judicial functions. ~ (4) The term "advisory personnel" shall refer to the members of those County advisory boards and agencies whose sole or primary responSibility is to recommend legislation or give advice to the Board of County Commissioners. (5) The term "departmental personnel" shall refer to the Manager, his department heads, the County Attorney and all Assistant County Attorneys. (6) The term "employees" shall refer to all other salaried personnel employed by the County. (7) The term "compensation" shall refer to any money, gift, favor, thing or value or financial benefit conferred in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or more in a firm, partnership, or other business entity. (9) The term "immediate family" shall refer to the spouse, parents and children of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the County of speCific goods or services for a consideration. (Ord. No. 72-82, S 1, 11-21-72; Ord. No. 73-23, S 1, 3-20-73; Ord. No. 86-24, S 3, 4-1-86) (11) The term "Ethics Commission" shall refer to the Miami-Dade County Commission on Ethics and Public Trust. (c) Prohibition on transacting business within the County. No person included in the terms defined in subsection (b)(1) through (6) and in subsection (b)(9) shall enter into any contract or transact any business in which he or a member of his immediate family has a financial interest, direct or indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this ~ subsection shall constitute malfeasance in office and shall effect forfeiture of office or position. .. .. .10m _isapi.dll?advquery=conflict%200f1'/o20interest&infobase= 1 0620.nfo&record={ 5FF}&scl/29/200 1 r <<:> Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page I 00 PART III. CODE OF ORDINANCES Chapter 2 ADMINISTRA nON" ARTICLE t IN GENERAL Sec.2-11.1. Conflict of Interest and Code of Ethics Ordinance. r County employees' limited exclusion from prohibition on contracting with the county. Notwithstanding any provision to the contrary herein, subsection (c) and (d) shall not be construed to prevent any employee as defined by subsection (b)(6) [excluding departmental personnel as defined by subsection (b)(5)J or his or her immediate family as defined by subsection (b)(9) from entering into any contract, individually or through a firm, corporation, partnership or business entity in which the employee or any member of his or her immediate family has a controlling financial interest, with Miami-Dade County or any person or agency acting for Miami-Dade County, as long as (1) entering into the contract would not interfere with the full and faithful discharge by the employee of his or her duties to the County, (2) the employee has not participated in determining the subject contract requirements or awarding the contract, and (3) the employee's job responsibilities and job description will not require him or her to be involved with the contract in any way, including, but not limited to, its enforcement, oversight, administration, amendment, extension, terminatIOn or forbearance. However, this limited exclusion shall not be construed to authorize an employee or his or her immediate family member to enter into a contract with Miami-Dade County or any person or agency acting for Dade County, if the employee works in the county department which will enforce, oversee or administer the subject contract. Any affected County employee shall seek a conflict of interest 'opinion from the Miami-Dade County Commission on Ethics and Public Trust ("the Ethics Commission") prior to submittal of a bid, response, or application of any type to contract with the County by the employee or his or her immediate family. A request for a conflict of interest opinion shall be made in writing and shall set forth and include all pertinent facts and relevant documents. If the Ethics Commission finds that the requirements of this section pertaining to exclusions for County employees are not met and that the proposed transaction would create a conflict of interest, the employee may request a waiver from the Board of County Commissioners within ten (10) days of the Ethics Commission opinion by filing a notice of appeal to the Ethics Commission. The Ethics Commission shall forward the notice of appeal and its opinion and any pertinent documents to the Clerk of the Board of County Commissioners (the "Clerk") forthwith. The Clerk shall place the request on the commission agenda for consideration by the Board. The Board of County Commissioners may grant a waiver upon an affirmative vote of two-thirds (2/3) of the entire Board of County Commissioners, after public hearing, if it finds that the requirements of this ordinance pertaining to the exclusion for a County employee from the Code have been met and that the proposed transaction will be in the best interest of the County. Such findings shall be included in the minutes of the board. This subsection shall be applicable only to proposed transactions, and the board may in no case ratify a transaction entered into in violation of this subsection. If the affected employee or his or her immediate family member chooses to respond to a solicitation to contract with the County, such employee shall file with the Clerk a statement in a form satisfactory to the Clerk disclosing the employee's interest or the interest of his or her immediate family in the proposed contract and the nature of the intended contract at the same time as or before submitting a bid, response, or application of any type to contract with the County. Along with the disclosure form, the affected employee shall file with the Clerk a copy of his or her request for an Ethics Commission opinion and any opinion or waiver from the Board. Also, a copy of the request for a conflict of interest opinion from the Ethics Commission and any opinion or waiver must be submitted with the response to the solicitation to contract with the County. Notwithstanding any provision herein to the contrary, the County and any person or agency acting for Miami- Dade County shall not award a contract to any employee or his or her immediate family individually or through a firm, corporation, partnership or business entity In which the employee or any member of his or her immediate family has a controlling financial interest, unless the Ethics Commission has rendered an opinion that entering the contract would not be a conflict of interest or the Board waives the conflict in accordance with the provisions of this ordinance. The Coun~ Manager is directed to include language in all solicitations for county contracts advising employees of the applicable conflict of interest code provisions, the provisions of this ordinance, including the requirement to obtain an Ethics Commission opinion and make disclosure, and the right to seek a legal opinion from the State of Florida Ethic's Commission regarding the applicability of state law conflict of interest provisions. r .../om_isapLdll?advquery=2-11.1 &infobase= 1 0620.nfo&record={ 60E}&softpage=Document41/29/200 1 ~ Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 2 of3 Nothing herein shall prohibit or make illegal (1) the payment of taxes, special assessments or fees for services provided by County government; (2) the purchase of bonds, anticipation notes or other securities that may be issued by the County through underwriters or directly from time to time; (3) the participation of the persons included in the terms defined in subsection (b)(1) through (6), except for employees of the general services .administration and their "immediate family" as defined in (b)(9), in the public auction process utilized by the County for the disposal of surplus motor vehicles; (4) the purchase of surplus personal property, pursuant to administrative order, by persons defined in subsection (b)(1) through (6) and (9); (5) an application for direct assistance from the Miami-Dade County Department of Housing and Urban Development or an application to participate in a program administered by the Department of Special Housing has been submitted by an applicant who is a County person as defined in subsection (b) and who would but for this section be eligible for such assistance from said department; provided, however, that the exception provided in this paragraph shall not extend to an employee of the Miami-Dade County Department of Housing and Urban Development or the Department of Special Housing who participates in the administration of said programs; or (6) and application to participate in a single-family mortgage loan program sponsored by the Housing Finance Authority of Miami- Dade County, has been submitted by a County person as defined in subsection (b), and would but for this section be eligible for participation in said program; provided, however, that the exception provided in this paragraph shall not extend to an employee of the Miami-Dade County Finance Department who participates in the administration of said single-family mortgage loan program. Extension of waiver to autonomous personnel; quasi-judicial personnel, and advisory personnel. The requirements of this subsection may be waived for a particular transaction only by affirmative vote of two-thirds of the entire Board of County Commissioners, after public hearing. Such waiver may be affected only after findings by two-thirds of the entire Board that: (1) An open-to-all sealed competitive bid has been submitted by a County person as defined in subsection (b)(2), (3) and (4), or (2) The bid has been submitted by a person or firm offering services within the scope of practice of architecture, professional engineering, or registered land surveying as defined by the laws of the State of Florida and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the bid has been submitted by a County person defined in subsection (b)(2), (3) and (4), or (3) The property or services to be involved in the proposed transaction are unique and the County cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements, and (4) That the proposed transaction will be to the best interest of the County. Such findings shall be spread on the minutes of the Board. This subsection shall be applicable only to prospective transactions, and the Board may in no case ratify a transaction entered in violation of this subsection. . Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (Ord. No. 72-82, ~ 1, 11-21-72; Ord. No. 73-24, ~ 1,3-20-73; Ord. No. 73-45, ~ 1, 5-1-73; Ord. No. 75-91, ~ 1,11-4-75; Ord. No. 75-119, ~ 1,12-16-75; Ord. No. 79-85, ~ 1, 10-16-79; Ord. No. 80-33, ~ 1, 5-6-80; Ord. No. 85-84, ~ 1,10-1-85; Ord. No. 85-98, ~ 1, 11-5-85; Ord. No. 87-58, ~ 1, 9-1-87; Ord. No. 88-102, ~ 1, 10-18-88; Ord. No. 91-113, ~ 1, 10-1-91; Ord. No. 00-1, ~ 1, 1-13-00) (d) Further prohibition on transacting business with the County. No person included in the terms defined in subsections (b)(1) through (6) and in subsection (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which he or any member of his immediate family has a controlling financial interest, direct or indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated herein by recitation. Additionally, no person included in the term defined in subsection (b)(1) shall vote on or participate in any way in any matter presented to the Board of County Commissioners If said person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the Board of County Commissioners: (i) officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (ii) stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in subsection (b)(1) in a mariner distinct from the manner in which it would affect the public generally. Any person included In the term defined in subsection (b)(1) who has any of the above relationships or who would or might, directly or indirectly, profit or be enhanced by the action of the Board of County Commissioners shall absent himself or herself from the Commission meeting during the discussion of the subject item and shall not vote on or participate in any way in said matter. (Ord. No. 72-82, ~ 1,11-21-72; Ord. No. 73-45, ~ 2,5-1-73; Ord. No. 86-11, ~ 1,2-18-86; Ord. No. 86-24, ~ 1,4-1-86) - ...Iom_isapLdll?advquery=2-11.1 &infobase=l 0620.nfo&record={ 60E} &softpage=Document4 1/29/200 1 .-., ..-... .-., r <<;> Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page I of L PART III CODE OF ORDINANCES Chapt~r 2 ADMINISTRATION* ARTICLE I. IN GENERAL Sec. 2-11.1. Conflict of Interest and Code of Ethics Ordinance. r (e) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of subsection (e)(1) shall not apply to: a. Political contributions specifically authorized by State law; b. Gifts from relatives or members of one's household; c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. e. Gifts solicited. by County employees or departmental personnel on behalf of the County in the performance of their official duties for use solely by the County in conducting its official business. f. Gifts solicited by Commissioners on behalf of the County in the performance of their official duties for use solely by the County in conducting its official business. (3) Prohibitions. A person described in subsection (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the term defined in subsection (b)(1) through (6) or for any person included in the term defined in subsection (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken; b. A legal duty performed or to be performed, or which could be performed; or c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in subsection (b)(1). (4) Disclosure. Any person included in the term defined in subsection (b)(1) through (6) shall disclose as provided herein any gift, or series of gifts from anyone person or entity, having a value in excess of twenty-five dollars ($25.00). Said disclosure shall be made by filing a copy of the disclosure form required by Chapter 112, Florida Statutes, for "local officers" with the Clerk of the Board of County Commissioner simultaneously with the filing of the form with the Secretary of State. (Ord. No. 78-82, S 1,11-21-72; Ord. No. 86-25, S 1,4-1-86; Ord. No. 87-70, S 1, 10-20-87; Ord. No. 91-62, S 1, 6-4-91; Ord. No. 99-124, S 1,2-11.1; Ord. No. 99-145, S 1,10-19-99) (f) Compulsory disclosure by employees of firms doing business with the County. Should any person included in the terms defined in subsections (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which he does not have a controlling financial interest, either himself or through a member of his immediate family, and should the said corporation, firm, partnership or business entity have substantial business commitments to or from the County or any County agency, or be subject to direct regulation by the County or a County agency, then said person shall file a swom statement disclosing such employment and interest with the Clerk of the Circuit Court in and for Miami-Dade County. (Ord. No. 72-82, S 1, 11-21-72) .. r ...Iom _isapLdll?advquery=2-11.1&infobase=1 0620.nfo&record={ 610 }&softpage=Document41/29/2001 @ Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 1 of2 PART III CODE OF ORDINANCES Chapter 2 ADMINISTRA TION* ARTICLE I. IN GENERAL Sec. 2-11.1. Conflict of Interest and Code of Ethics Ordinance. (g) Exploitation of official position prohibited. No person included in the terms defined in subsection (b)(1) through (6) shall use or attempt to use his official position to secure special privileges or exemptions for himself or others except as may be specifically permitted by other ordinances and resolutions previously ordained or adopted or hereafter to be ordained or adopted by the Board of County Commissioners. (Ord. No. 72-82, ~ 1, 11-21-72) . (h) Prohibition on use of confidential information. No person included in the terms defined in subsection (b) (1) through (6) shall accept employment or engage in any business or professional activity which he might reasonably expect would require or induce him to disclose confidential information acquired by him by reason of his official position, nor shall he in fact ever disclose confidential information garnered or gained through his official position with the County, nor shall he ever use such information, directly or indirectly, for his personal gain or benefit. (Ord. No. 72-82, ~ 1, 11-21-72) (i) Financial disclosure. (1) All persons and firms included within subsections (a) and (b)(2), (3) and (4) of this section shall file, no later than 12:00 noon of July 1st of each year including the July 1st following the last year that person is in office or held such employment, one (1) of the following: a. A copy of that person's or firm's current federal income tax return; or b. A current certified financial statement on a form of the type approved for use by State or national banks in Florida listing all assets and liabilities having a value in excess of one thousand dollars ($1,000.00) and a short description of each; or c. An itemized source of income statement, under oath and on a form approved by the County for said purpose. Compliance with the financial disclosure provisions of Chapter 112 (Part Ill), Florida Statutes, as amended, or with the provisions of Article II, Section 8 of the Florida Constitution, as amended by the voters on November 2, 1976, and any general laws promulgated thereunder, shalt constitute compliance with this section. (2) County and municipal personnel. The following County personnel shall comply with the filing requirements of subsection (i)(1) above: The Mayor and members of the Board of County Commissioners; County Attorney and Assistant County Attorneys; County Manager; Assistant County Manager(s); Special Assistant(s) to the County Manager; heads or directors of County departments and their assistant or deputy department heads; employees of the Miami-Dade Police with the rank of captain, 'major and chief; l3uilding and Zoning Inspectors. References herein to specified County personnel and Boards shall be applicable to municipal personnel and Boards that serve in comparable capacities to the County personnel and Boards referred to. (3) Candidates for County and municipal office. All candidates for County and municipal elective office shall comply with the filing requirements of subsection (i)(1) above at the same time that candidate files qualifying papers. (4) Consultants. All persons or firms providing professional services as defined by Section 2-10.4(1) (a) and (b) of the Code of Miami-Dade County, to Miami-Dade County or any municipalities, their aQencies, or instrumentalities, shall comply with the filing requirements of subsection (i)(1) above Within ninety (90) days of the effective date hereof. All persons or firms subsequent to the effective date of this section, which engage in competitive negotiation with Miami-Dade County or any of its municipalities, their agencies or instrumentalities under and pursuant to Section 2-10.4 of the Code of Miami-Dade County shall comply with the reporting reqUirements of subsection (i)(1) of this section within thirty (30) days of execution of a contract arising out of said competitive negotiations and prior to any payments from said County, municipalities or other agencies or instrumentalities. Failure to comply with the terms hereof by such persons or firms shall render existing contracts voidable and shall automatically void any contracts negotiated and executed subsequent to the effective date of this section where the required information is not furnished within thirty (30) days of the execution of said contract as noted herein. .. .10m _isapLdll ?advquery=2-11.1 &infobase= 1 0620.nfo&record={ 62C} &softpage=Document41/29/200 1 .-.. " .........., @ Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 2 of2 r- (5) Reports; filing. All documents required to be filed hereunder by County persons or consultants shall be filed with the supervisor of elections. Documents required to be filed hereunder by municipal persons or consultants shall be filed with the municipal Clerk of that entity. (6) Public disclosure. All documents filed pursuant to this subsection shall constitute public records within the meaning of Chapter 119, Florida Statutes. (7) Construction. The construction of this subsection shall be considered as supplemental to and not in substitution of any requirements of Chapter 112, Florida Statutes, or any rules and regulations promulgated thereunder. (Ord. No. 77-13, 9 1, 3-1-77; Ord. No. 83-18, 91, 4-19-83; Ord. No. 84-39, 9 1,5-15-84) G) Conflicting employment prohibited. No person included in the terms defined in subsections (b)(1) through (6) shall accept other employment which would impair his independence of judgment in the performance of his public duties. (Ord. No. 72-82, 9 1, 11-21-72; Ord. No. 77-13, 9 2, 3-1-77) .. r r ...Iom _isapi.dll?advquery=2-11.1&infobase= 1 0620.nfo&record={ 62C}&softpage==Document 1/29/2001 (Q Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 1 of3 PART III CODE OF ORDINANCES Chapter 2 ADMINISTRATION" ARTICLE I. IN GENERAL Sec. 2-11.1. Conflict of Interest and Code of Ethics Ordinance. (k) Prohibition on outside employment. (1) No person included in the terms defined in subsections (b)(5) [departmental personnel] and (6) [employees] shall receive any compensation for his or her services as an officer or employee of the County, from any source other than the County, except as may be permitted by Section 2-11 of this Code of Ordinances. (2) All full-time County and municipal employees engaged in any outside employment for any person, firm, corporation or entity other than Miami-Dade County, or the respective municipality, or any of their agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done pursuant to same and any amount or types of money or other consideration received by the employee from said outside employment. Said County employee's reports shall be filed with the supervisor of elections no later than 12;00 noon on JiJly 1 st of each year, including the July 1 st following the last year that person held such employment. Municipal employee reports shall be filed with the Clerk of their respective municipalities. Said reports shall be available at a reasonable time and place for inspection by the public. The County Manager or any city Manager may reql,lire monthly report~ from individual employees. or groups of employees for. good cause. (Ord. No. 72-82, ~ 1,11-21-72, Ord. No. 77-13, ~ 3,3-1-77, Ord. No. 77-79, ~ 1, 1-11-77, Ord. No. 77-87,91, 12-6-77; Ord. No. 83-18, 92,4-19-83; Ord. No. 84-39, ~ 2, 5-15-84) (I) Prohibited investments. No person included in the terms defined in subsections (b)(1) through (6) shall have personal investments in any enterprise, either himself or through a member of his immediately family, which will create a substantial conflict between his private interests and the public interest. (Ord. No. 72-82, 9 1, 11-21-72; Ord. No. 77-13, 94,3-1-77) . (m) Certain appearances and payment prohibited. (1) No person included in the terms defined in subsections (b)(1), (5) and (6) [commissioners, departmental personnel and employees] shall appear before any County Board or agency and make a presentation on behalf of a third person with respect to any license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person re:ceive compensation, directly or indirectly or in any form, for services rendered to a third person, who has applied for or is seeking some benefit from the County or a County agency, in connection with the particular benefit sought by the third person. Nor shall such person appear in any court or before any administrative tribunal as counselor legal advisor to a part who seeks legal relief from the County or a County agency through the suit in question. (2) No person included in the terms defined in subsections (b)(2), (3)' and (4) [autonomous personnel, quasi-judicial personnel, and advisory personnel] shall appear before the County board or agency on which he or she serves, either directly or through an aSSOCiate, and make a presentation on behalf of a third person with respect to any license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive compensation, directly or indirectly or in any form, for services rendered to a third party, who has applied for or is seeking some benefit from the County board or agency on which such person serves, in connection with the particular benefit by the third party. Nor shall such person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the County board or agency on which such person serves through the suit in question. However, this section shall not prohibit an architect serving without compensation on the Miami-Dade County Board of Energy Regulation or on any architectural Board, whose sole function is to pass on the aesthetics of plans submitted, from submitting plans on behalf of a client so long as such member makes known his representation of the applicant and disqualifies himself from speaking or voting or ot~erwise participating on such ~pplication. (Ord. No. 72-82,.9 1, 11-21-72; Ord. No. 73-25, 9 1, 3-20- 73, Ord. No. 73-51, ~ 1, 5-15-73, Ord. No. 77-13, 94, 3-1-77, Ord. No. 79-39, ~ 1, 6-19-79) ...10m _isapi.dll?advquery=2-11.1&infobase= 1 0620.nfo&record={ 63B }&softpage=Document41/29/2001 -- --., '1 ~ Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 2 of3- r- r r (n) Actions prohibited when financial interests involved. No person included in the terms defined in subsections (b)(1) through (6) shall participate in any official action directly or indirectly affecting a business in which he or any member of his immediate family has a financial interest. A financial interest is defined as a special financial interest, direct or indirect, as that term is used in Section 4.03 of the County's Charter; or as a financial interest as defined in Section 769 of the Restatement of the Law of Torts as an investment or something in the nature 'of an investment. This section shall not prohibit any official, officer, employee or person from taking official action (1) to promote tourism or downtown development or redevelopment within the County or any portion thereof, or (2) to authorize the expenditure of public funds for promoting tourism or downtown development or redevelopment, so long as no such authorized public funds are to be paid to such person or a member of his immediately family or any business in which he or any member of his immediate family has a financial interest. (Ord. No. 72-82, ~ 1,11-21-72; Ord. No. 73-50, ~ 1, 5-15-73; Ord. No. 75-76, S 1,9-17-75; Ord. No. 77-13, ~ 4,3-1-77) (0) Acquiring financial interests. No person included in the terms defined in subsections (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when he believes or has reason to believe that the said financial interest will be directly affected by his official actions or by official actions by the County or County agency of which he is an official, officer or employee. (Ord. No. 7.2-82, S 1, 11-21-72; Ord. No. 77-13, ~ 4, 3-1-77) (p) Recommending professional services. No person included in the terms defined in subsections (b)(1) through (6) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the County or any of its agencies, provided that such recommendation may property be made when required to be made by the duties of office and in advance at a pUblic meeting attended by other County officials, officers or employees. (Ord. No. 72-82, 9 1, 11-21-72; Ord. No. 77-13, ~ 4,3-1-77) (q) Continuing application after county service. (1) No person who has served as an elected county official, i.e., mayor, county commissioner, or a member of the staff of an elected county official, or as county manager, senior assistant to the county manager, department director, departmental personnel or employee shall, for a period of two (2) years after his or her county service or employment has ceased, lobby any couno/ officer, departmental personnel or employee in connection with any judicial or other proceeding, application, RFP, RFO, bid, request for ruling, or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which Miami-Dade County or one (1) of its agencies or instrumentalities is a party or has any interest whatever, whether direct or indirect. Additionally, no person who has served as a community council member shall, for a period of two (2) years after his or her county service or employment has ceased, lobby, with regard to any zoning or land use issue, any county officer, departmental personnel or employee in connection with any judicial or other proceeding, application, request for ruling, or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which Miami-Dade County or one (1) of its agencies or instrumentalities is a party or has any' interest whatever, whether direct or indirect. Nothing contained in this Subsection (q)(1) shall prohibit any individual included within the provisions of this subsection from submitting a routine administrative request or application to a county department or agency during the two-year period after his or her county service has ceased. (2) The provisions of this Subsection (q) shall not apply to officials, departmental personnel or employees who become employed by governmental entities, 501 (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of such entities in their official capacities. (3) The provisions of this section shall apply to all individuals as described in Subsection (q)(1) who leave the county after the effective date of the ordinance from which this section derives. (4) Any former county officer, departmental personnel or employee who has left the county within two (2) years prior to the effective date of this ordinance and has entered into a lobbying contract prior to the effective date of this ordinance shall, for a period of two (2) years after his or her county service or employment has ceased, comply with Subsection (q) as it existed prior to the effective date of the ordinance from which this section derives and as modified by this Subsection (q)(4) when lobbying pursuant to said contract. No former county officer, departmental personnel or employee who has left the county within two (2) years prior to the effective date of the ordinance from which this section derives shall for a period of two (2) years after his or her county service or employment has ceased enter into a lobbying contract to lobby any county officer, departmental personnel or employee in connection with any judicial or other proceeding, application, RFP, RFO, bid, request for ruling, or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which Miami-Dade County or one (1) of its agencies or instrumentalities is a party or has a direct and substantial interest; and in which he or she perticipated direcUy or indirectly as an officer, departmental personnel or employee, through decision, approval, disapproval, recommenda!ion, the ...IomjsapLd1l?advquery=2-11.1&infobase=1 0620.nfo&record={ 63B }&softpage=Document 1/29/200 1 @ Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 3 of3 rendering of advice, investigation, or otherwise, during his or her county service or employment. As used herein, a person participated "directly" where he or she was substantially involved in the .-. particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation or otherwise, during his or her county service or employment. As used herein, a person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of legal advice, investigation or otherwise, during his or her county service or employment. Former county officers, departmental personnel and employees who have left the county within two (2) years prior to the effective date of the ordinance from which this section derives shall execute an affidavit on a form prepared by the Office of the Inspector General prior to lobbying any county officer, departmental personnel or employee stating that the requirements of this section do not preclude said person from 10b~ing any officer, departmental personnel or employee of the county. The Inspector General shall ver" the accuracy of each affidavit executed by former county officers, departmental personnel or emp oyees. .., l ,""" ...Iom_isapLdll?advquery=2-11.1&infobase=1 0620.nfo&record={ 63B }&softpage=Document 1/29/2001 ,r-- ,,- , r @ Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 1 of2 PART III CODE OF ORDINANCES Chapter 2 ADMINISTRATION" ARTICLE I. IN GENERAL Sec. 2-11.1. Conflict of Interest and Code of Ethics Ordinance. l;' (5) Any individual who is found to be in violation of this Subsection (q) shall be subject to the penalties provided in either Subsection (u)(1) or Subsection (u)(2).(Ord. No. 72-82, ~ 1, 11-21-72; Ord. No. 77-13, ~ 4,3-1-77; Ord. No. 99-2, ~ 1, 1-21-99) (r) Ethics Commission to render opinions on request. Whenever any person included in the terms defined in subsection (b)(1) through (6) and subsection (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and Code of Ethics Ordinance as to himself or herself, or whenever any person who renders services to the County is in doubt as to the applicability of the said ordinance as to himself or herself, he or she may submit to the Ethics Commission a full written statement of the facts and questions he or she has. The Ethics Commission shall then render an opinion to such person and shall publish these opinions without use of the nam~ of the person advised unle.ss such person requests the use of his or her name. (Ord. No. 73-26, ~ 1, 3-20-73, Ord. No. 77-13, ~ 4,3-1-77, Ord. No. 97-105, ~ 2,7-8-97) (s) Lobbying. (1) As used in this section, "County personnel" means those County officers and employees specified in Section 2-11.1(i)(2) of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance. "Lobbyisf' means all persons, firms, or corporations employed or retained by a principal who seeks to encourage the passage, defeat, or modifICations of (1) ordinance, resolution, action or decision of the County Commission; (2) any action, decision, recommendation of 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. "Lobbyist" specifically includes the principal, as described above, as well as any agent, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, officer or employee. (2) All lobbyists shall. before engaging in any lobbying activities, register with the Clerk of the Board of County Commissioners. Every person required to so register shall: (a) Register on forms prepared by the Clerk; (b) Pay a registration fee of one hundred twenty-five dollars ($125.00); (c) State under oath his or her name, business address, the name and business address of each person or entity which has employed said registrant to lobby, and the specific issue on which he or she has been employed to lobby. If the lobbyist represents a corporation, shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five (5) percent or more ownership interest in such corporation, partnership, or trust. Separate registration shall be required for each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a specific description (where applicable) of a pending request for a proposal, invitation to bid, public hearing number, etc. The Clerk of the Board of County Commissioners shall reject any registration statement which does not provide a description of the specific issue on which such lobbyist has been employed to lobby. Registration of all lobbyists shall be required prior to October 1 of every even-numbered year and each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. The fee for biennial registration shall be five hundred dollars ($500.00). Initially, all lobbyists shall register on or before June 1, 1991. In addition, every registrant shall be required to state the extent of any business or professional relationship with any current person described in subsection (b)( 1 ). The registration fees required by this subsection shall be deposited by the Clerk into a separate account and shall be expended for the purpose of recordin~ transcribing, administration and other costs incurred in maintaining these records for availability to the public. There shall be no fee required. for filing a notice of withdrawal and the Board of County Commissioners may, in its discretion, waive the registration fee upon a finding of financial hardship. ...Iom_isapi.dll?advquery=2-11.1 &infobase=l 0620.nfo&record={ 64A }&softpage=Document41129/200 1 @ Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 2 of2 (d) Prior to conducting any lobbying, all lObbyists must file a form with the Clerk of the Board -... of County Commissioners, signed by the principal or the principal's representative, stating that the lobbyist is authorized to represent the principal. (3) (a) Any public officer, employee or appointee who only appears in his or her official capacity shall not be required to' register as a lobbyist. (b) Any person who only appears in his or her individual capacity for the purpose of self- representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist. (4) Any person who only appears as a representative of a not for profit corporation or entity (such as a charitable organization, a neighborhood association, or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall register with the Clerk as required by this subsection, but, upon request, shall not be required to pay any registration fees. (5) Any person who appears as a representative for an individual or firm for an oral presentation before a county certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the County, all individuals who may make a presentation. The affidavit shall be filed by staff with the clerk's office at the time the proposal is submitted. For the purpose of this subsection only, the listed members of the presentation team shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an individual or firm unless he or she has been listed as part of the firm's 'presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office and has paid all applicable fees. (6) (a) Commencing July 1, 1986, and on July 1 of each year thereafter, the lobbyist shall submit to the Clerk of the Board of County Commissioners a signed statement under oath, as provided herein, listing all lobbying expenditures in excess of twenty-five dollars ($25.00) for the preceding calendar year. A statement shall be filed even if there has been no expenditures during the reporting period. The statement shall list in detail each expenditure by cate~ory, including food and beverage, entertainment, research, communication, media advertising, publicatIons, travel, lod'!ing and special events. -... .. "'"" , ...10m _isapLdll?advquery=2-11.1 &infobase=1 0620.nfo&record={ 64A }&softpage=Document 1/2912001 @ Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 1 of2 r PART III CODE OF ORDINANCES Chapter 2 ADMINISTRATION* ARTICLE I. IN GENERAL Sec. 2-11.1. Conflict of Interest and Code of Ethics Ordinance. (b) The Clerk of the Board of County Commissioners shall notify any lobbyist who fails to timely file an expenditure report. In addition to any other penalties which may be imposed as provided in subsection (s)(8), a fine of fifty dollars ($50.00) per day shall be assessed for reports filed after the due date. Where a fine of fifty dollars ($50.00) per day is assessed, the Ethics Commission shall not impose a fine as provided in subsection (u). (c) The Clerk of the Board of'County Commissioners shall notify the Commission on Ethics and Public Trust of the failure of a lobbyist to file a report and/or pay the assessed fines after notification. (d) A lobbyist may appeal a fine and may request a hearing before the Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Commission on Ethics and Public Trust within fifteen (15) calendar days of receipt of the notification of the failure to file the required disclosure form. The Commission on Ethics and Public Trust shall have the authority to waive the fine, in whole or part, based on good cause shown. The Commission on Ethics and Public Trust shall have the authority to adopt rules of procedure regarding appeals from the Clerk of the Board of County Commissioners. (7) The Clerk shall publish logs on a quarterly and an annual basis reflecting the lobbyist registrations which have been filed in accordance with this subsection (s). The Clerk shall publish logs for the fourth quarter of fiscal year 1989-90 and the first quarter of fiscal year 1990-91 as soon as practicable after the effective date of this ordinance. All logs required by this ordinance shall be prepared in a manner substantially similar to the logs prepared for the Florida Legislature pursuant to r Section 11.045, Florida Statutes. (8) The Ethics Commission shall investigate any person engaged in lobbying activities who may be in violation of this subsection (s). In the event that a violation is found to have been committed the Ethics Commission may, in addition to the penalties set forth in subsection (u), prohibit such person from lobbying before the County Commission or any committee, board or personnel of the County as provided herein. Every lobbyist who is found to be in violation of this section shall be prohibited from registering as a lobbyist or lobbying in accordance with the following schedule: 161 violation for a period of 90 days from the date of determination of violation; 2nd violation for a period of one (1) year from the date of determination of violation; 3rd violation for a period of five (5) years from the date of determination of violation; A bidder or proposer shall be subject to the debarment prOVisions of Section 10-38' of the Code of Miami-Dade County as if the bidder or proposer were a contractor where the bidder or proposer has violated this section, either directly or indirectly or any combination thereof, on three (3) or more occasions. As used herein, a "direct violation" shall mean a violation committed by the bidder or proposer and an "indirect violation" shall mean a violation committed by a lobbyist representing said bidder. or proposer. A contract entered into in violation of this section shall also render the contract violable. The County Manager shall include the provisions of this subsection in all County bid documents, RFP, RFQ, CBO and CDBG applications; provided, however, the failure to do so shall not render any contract entered into as the result of such failure illegal per se. (9) All members of the County Commission, and all County personnel, shall be diligent to ascertain whether persons required to register pursuant to this subsection have been complied. Commissioners or County personnel may not knowingly permit a person who is not registered pursuant to this subsection to lobby the Commissioner, or the relevant committee, board or County personnel. (10) Except as otherwise provided in subsection (s)(8), the validity of any action or determination of the board of county commissioners or county personnel, board or committee shall not be affected by the failure of any person to comply with the provisions of this subsection(s). r (Ord. No. 00-19, 9 1, 2-8-00) ...Ioffi_isapi.dll?advquery=2-11.1&infobase= 1 0620.nfo&record={ 659}&softpage=Document41/29/2001 ~ Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 2 of2 (t) Cone of Silence. 1. Contracts for the provision of goods and service other than audit and independent private sector inspector general (IPSIG) contracts. . (a) "Cone of Silence" is hereby defined to mean a prohibition on: (a) any communication regarding a particular RFP, RFQ or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the County's professional staff including, but not limited to, the County Manager and his or her staff; and (b) any communication regarding a particular RFP, RFQ or bid between the Mayor, County Commissioners or their respective staffs and any member of the County's professional staff including, but not limited to, the County Manager and his or her staff. Notwithstanding the foregoing, the Cone of Silence shall not apply to (i) competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the Miami-Dade County Office of Community and Economic Development;. (ii) communications with the CountY. Attorney and his or her staff; (iii) communications between a potential vendor, service provider, bidder, consultant or lobbyist and employees of the Management and Technical Assistance Unit of the Department of Business Development regarding small business and/or minority business programs; (iv) duly noticed site visits to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time the County Manager makes his or her written recommendation; and (v) any emergency procurement of goods or services pursuant to Administrative Order 3-2. -., ... ~ """"I ...Iom_isapLdll?advquery=2-11.1 &infobase=l 0620.nfo&record={ 659}&softpage=Document41/29/200 1 (Q Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 1 of2 r PART III CODE OF ORDINANCES Cha~ter 2 ADMINISTRA nON" ARTICLE I. IN GENERAL Sec. 2-11.1. Conflict of Interest and Code of Ethics Ordinance. r r 2. (b) Procedure. (I) A Cone of Silence shall be imposed upon each RFP, RFQ and bid after the advertisement of said RFP, RFQ or bid. At the time of imposition of the Cone of Silence, the County Manager or his or her designee shall provide for public notice of the Cone of Silence. The County Manager shall include in any public solicitation for goods and services a statement disclosing the requirements of this ordinance. (ii) The Cone of Silence shall terminate at the time the Manager makes his or her written recommendation to the County Commission; provided, however, that if the Commission refers the Manager's recommendation back to the Manager or staff for further review, the Cone of Silence shall be reimposed until such time as the Manager makes a subsequent written recommendation. (e) Exceptions. The provisions of this ordinance shall not apply to oral communications at pre-bid conferences, oral presentations before selection committees, contract negotiations during any duly noticed public meeting, public presentations made to the Board of County Commissioners during any duly noticed public meeting or communications in writing at any time with any county employee, official or member of the Board of County Commissioners unless specifically prohibited by the applicable RFP, RFQ or bid documents. The bidder or proposer shall file a copy of any written communication with the Clerk of the Board. The Clerk of the Board shall make copies available to any person upon request. Audit and IPSIG contracts. (a) "Cone of Silence" is hereby defined to mean a prohibition on: (a) any communication regarding a particular RFP, RFQ or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the Mayor, County Commissioners or their respective staffs and any member of the County's professional staff including, but not limited to, the County Manager and his or her staff; and (b) any oral communication regarding a particular RFP, RFQ or bid between the Mayor, County Commissioners or their respective staffs and any member of the County's professional staff includin~. but not limited to, the County Manager and his or her staff. Notwithstanding the foregOing, the Cone of Silence shall not apply to communications with the County Attorney and his or her staff. (b) Except as provided in Subsections 2(c) and 2(d) hereof, a Cone of Silence shall be imposed upon each RFP, RFQ and bid for audit and IPSIG services after the advertisement of said RFP, RFQ or bid. At the time of the imposition of the Cone of Silence, the County Manager or his or her designee shall provide for the public notice of the Cone of Silence. The Cone of Silence shall terminate when the County Manager executes a particular audit or IPSIG contract. (c) Nothing contained herein shall prohibit any bidder or proposer: (i) from making public presentations at duly noticed pre-bid conferences or before duly noticed selection committee meetings; (ii) from engaging in contract negotiations during any duly noticed public meeting; or (iii) from communicating in writing with any County employee or official for purposes of seeking clarification or additional information from the County or responding to the County's request for Clarification or additional information, subject to the provisions of the applicable RFP, RFQ or bid documents. The bidder or proposer shall file a copy of any written communication with the Clerk of the Board. The Clerk of the Board shall make copies available to the general public upon request. (d) Nothing contained herein shall prohibit any lobbyist, bidder, proposer or other person or entity from publicly addressing the Board of County Commissioners during any duly noticed public meeting regarding action on any audit or IPSIG contract. The County Manager shall include in any public solicitation for auditing or IPSIG services a statement disclosing the requirements of this ordinance. .. .10m _ isapi.dll ?advquery=2-11.1 &infobase= 1 0620.nfo&record={ 668 }&softpage=Document41 /29/200 1 lCl Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 2 of2 3. Penalties. In addition to the penalties provided in Subsections (s) and (v) hereof, violation of this Subsection (t) by a particular bidder or proposer shall render any RFP award, RFQ award or bid award .......... to said bidder or proposer voidable. Any person who. violates a provision of this ordinance shall be prohibited from serving on a Miami-Dade County competitive selection committee. In addition to any other penalty provided by law, violation of any provision of this ordinance by a Miami-Dade County employee shall subject said employee to disciplinary action up to and including dismissal. Additionally, any person who has personal knowledge of a violation of this ordinance shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. (Ord. No. 99-1, ~ 1,1-21-99) (u) Prohibition on certain business transactions. No person who is serving as an elected county official or a member of the staff of an elected county official, or as county manager, senior assistant to the county manager or department director shall enter into a business transaction with any person or entity that has a contract with Miami-Dade County or any shareholder, partner, officer, director or employee of said contractor, unless said business transaction is an arm's length transaction made in the ordinary course of business. The provisions of this subsection (u) shall not apply to a business transaction between an elected county official, a member of the staff of an elected county official, the county manager, a senior assistant to the county manager or a department director and a not-for-profit entity. As used herein, a "shareholder" shall mean any person owning ten (10) percent or more of the outstanding capital stock of any corporation. As used herein, "elected county official" shall mean the mayor, county commissioners and community council members. As used herein, "business transaction" shall mean any contract wherein persons either sell, buy, deal, exchange, rent, lend or barter real, personal or intangible property, money or any other thing of value, or render services for value. (v) 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, autonomous personnel, quasi-judicial personnel, departmental personnel, immediate family and lobbyists as defined in subsections (b) and (s) who are required to comply with the Conflict of Interest and Code of Ethics Ordinance. Jurisdiction of the Ethics Commission may extend to employees, advisory personnel and immediate family as defined in subsection (b) who are required to comply with tne Conflict of Interest and Code of Ethics Ordinance if at least two (2) members of the Ethics Commission vote to assume jurisdiction. 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 foregoinll, the Ethics Commission shall not have jurisdiction to consider an alleged violation of subsection (c) if the requirements of subsection (c) have been waived for a particular transaction as provided therein. (w) Prohibition 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. (x) County Attorney's Office participation in contract adjustments. County staff shall request the participation of the County Attorney's Office to provide legal advice regarding 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. . .. 1 ...Iom_isapi.dll?advquery=2-11.1 &infobase== 1 0620.nfo&record={ 668}&softpage=Document4 1/29/2001 <el Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 1 of2 PART III CODE OF ORDINANCES Chapter 2 ADMINISTRATION" ARTICLE I. IN GENERAL Sec. 2-11.1. Conflict of Interest and Code of Ethics Ordinance. r Penalty. (1) 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 a fine of two hundred fifty dollars ($250.00) for the first such violation and five hundred dollars ($500.00) for each subsequent violation. (2) 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 (30) days, or by both such fine and imprisonment. (Ord. ~o. 72-82, ~ 1, 11-21-72; Ord. .No. 73-26, ~ 1,3-20-73; Ord. .No. 77-13, ~ 4,3-1-77; Ord. .No. 86-24, ~ 2, 4-1-86, Ord. No. 91-22, S 1, 2-19-91, Ord. No. 92-27, S 1,4-21-92, Ord. No. 95-21, S 1,2-7-95, Ord. No. 97- 105, S 2,7-8-97; Ord. No. 98-73, ~ 1, 6-2-98; Ord. No. 98-76, S 1,6-2-98; Ord. No. 98-106, S 1, 7-21-98; Ord. No. 98-125, S 1, 9-3-98; Ord. No. 99-150, S 1,11-2-99; Ord. No. 00-46, S 1, 4-11-O0) Editor's note-Ord. No. 72-82, S 1, amended this Code by repealing former S 2-11.1 relative to County officers and employees transacting business with the County and enacted in lieu thereof a new S 2-11.1 as herein set out. Former S 2-11.1 was derived from Ord. No. 59-44, SS 2--5, adopted Dec. 1, 1959. Annotatlons--AO 7-1; CAO's 76-8, 76-32, 76-36, 76-39, 76-43, 76-46, 76-50, 76-55, 77-1,77-9, 77-14, 77-16, 77-19,77-26,77-33,77-37,77-40,77-41,77-44,77-52,77-53,77-56, 77-63, 77-68, 78-2, 78-10, 78-11, 78-12, 78-17,78-25,78-33,78-44,78-47,78-53,78-54,79-6, 79-7, 79-12, 79-16, 79-19, 79-32, 79-37, 80-3, 80-4, 80- 11,80-21,80-24,80-25,80-28,80-29,81-4,81-13, 81-18, 81-22, 81-31, 81-38; 82-1,82-10,82-13,82-19,82- 24,82-25,82-28,82-29,83-2,83-6,83-11,83-22,85-8. (y) r State law reference(s)-Code of ethics for public officers and employees, F.S. S 112.311 et seq. 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; (iii) Candidates, and their respective campaign staffs, for Miami-Dade County Community Councils; (iv) Candidates, and their respective campaign staffs, for any municipal elective office within Miaml- 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 any one (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). r (C) Mandatory Fair Campaign Practices. .../om_isapLdll?advquery=2-11.1&infobase= 1 0620.nfo&record={ 677}&softpage=Document4:1129/200 1 @ Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 2 of2 (1) Prohibitions. A candidate, and his or her campai~n 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: .. -.. ~ .. .10m _isapi.dll ?advquery=2~ 11.1 &infobase= 1 0620.nfo&record={ 677 }&softpage=Document4 1/29/200 I @ Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 1 of2 PART III CODE OF ORDINANCES r Chapter 2 ADMINISTRATION" ARTICLE I. IN GENERAL Sec. 2-11.1.1. Ethical cam~algn practices ordinance. (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. (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 f 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. (D) Voluntary Fair Campaign 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. r ...10m _isapi.dl1?advquery=2-11.1 &infobase=l 0620.nfo&record={ 686}&softpage=Document41/29/200 1 @ Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 1 of2 PART 11/ CODE OF ORDINANCES Chapter 2 ADMINISTRATION" ARTICLE I. IN GENERAL Sec. 2-11.1.1. Ethical campaign practices ordinance. ~ 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 concem. 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 oppohent 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. Oeclarations 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, ~ 1, 7-7-98 Sec. 2-11.1.2. Lobbying activities; approval. (a) No person or entity, whether an individual, firm, partnership or corporation, which receives compensation from the county for lobbying on behalf of the county or any of its agencies or instrumentalities at either the state, national or municipal level shall represent any entity in any forum to support a position in opposition to a position of the county unless this Board grants a specific waiver for a specific lobbying activity. (b) The failure of any county lobbyist to comply with the provisions of subsection (a) of this section shall result in either or both of the foflowing: '""'\ ...10m JsapLdl1?advquery=2-11.1&infobase=1 0620.nfo&record={ 695 }&softpage=Document41/29/200 1 @Copyrighted. Municipal Code Corp., affiliated Municipality. 2000. Page 1 of1 PART III CODE OF ORDINANCES r Chapter 2 ADMINISTRATION" ARTICLE I. IN GENERAL Sec. 2-11.1.2. Lobbying activities; approval. (1) That lobbyist's contract with the county being voidable by the county; (2) A prohibition, for a period of up to three years, as determined by the Board of County Commissioners, on the lobbyist's entering into a lobbying contract with the county. (Ord. No. 00-64, ~~ 1, 2, 5-9-00) I"'"' Sec. 2-11.1.3. Campaign contributions and expenditures. (a) Definitions. The following terms, as used in this section, shall mean: (1) "Contribution" shall have the meaning ascribed to such term in Chapter 106, Florida Statutes, as amended and supplemented. (2) "Expenditure" shall have the meaning ascribed to such term in Chapter 106, Florida Statutes, as amended and supplemented. . (b) Limitation on Contributions and Expenditures. It is unlawful for any person or political committee, as provided in section 12-5, to make a Contribution or Expenditure in excess of two hundred and fifty dollars ($250.00), either directly, indirectly or through a political committee, to any candidate for election to the Office of Mayor of Miami-Dade County, Miami-Dade County Board of County Commissioners, Miami-Dade County Community Council or the Miami-Dade County Fire Board. Furthermore, it shall be unlawful for any candidate, political committee, or other person to knowingly accept or receive any campaign Contribution or Expenditure prohibited by this section. The Contribution and Expenditure limits of this section apply to each election. For the purposes of this section, the first primary, second primary and general election are separate elections so long as the candidate is not an unopposed candidate as defined in section 106.011 (15), Florida Statutes. (c) Penalties. In addition to any other penalties that may be applicable, any individual who violates this section shall be subject to a fine up to five thousand dollars ($5,000) or imprisonment not to exceed three hundred and sixty-four (364) days, or both. (Ord. No. 00-52, ~~ 2-4, 5-9-00) Sec. 2-11.2. Sale of public property by municipalities. No municipal corporation in Miami-Dade County, Florida, shall sell or convey for private use or to private ownership all or any part of any tract of real property ten (10) acres or more in contiguous area owned by it that has been or is hereafter acquired by said municipality for a public or municipal purpose, until full and complete information and data concerning the contemplated sale or transfer of such real property shall have been first submitted to the Board of County Commissioners for a review and consideration, and the Board of County Commissioners shall have approved and consented to such sale or transfer as being in conformity with the comprehensive plan of development for Miami-Dade County and not contrary to the best interests of the public. Any sale, transfer or conveyance of real property made in violation of the provisions of this section shall be null and void and of no binding force or effect. The provisions of this section shall not be applicable to public streets, roads, highways or alleys abandoned, discontinued or closed in accordance with law, or to public lands dedicated or utilized for public road purposes. (Ord. No. 59-40, ~~ 1-3, 10-27-59; Ord. No. 60-1, 1-5-60) .... r ...Iom JsapLdll?advquery=2-11.1&infobase=1 0620.nfo&record={ 6A4 }&softpage=Document41/29/200 1 ,,- A. r r Code of Ethics for Public Officers and Employees, Chapter 112, Part III, Florida Statutes (highlights): 1. . Section 112.311, Legislative intent and declaration of policy. 2. Section 112.312, Definitions. 3. Section 112.313, Standards of Conduct for public officers, employees of agencies and local government attorneys. 4. Section 112.3143, Voting conflicts. statutes->View Statutes->2000->ChOl12->Section 311: Online Sunshine Page 1 of2 1"S=hine ':x;;~y' >:::;~",'~ >-} Y:;-, N '.'f f. A'S;'?""?' S ~ y;':"~-:;"',<>>>" '" {o'.... .c,,? <<~-:.~~;/<<) '7";::;''''>->:'~f:>.'/.:v;:"f:>.(;<<'6n.,>>*"' "rl v :C.w 10tutcs ~ ...;.:=;:> > : '" ' \: ...~::::: o. ~ :<",'" f' ~ 4i~~~ ~fi (onstitu110r. :f' ~.' -- View Statutes Sea rch Statutes Constitution Laws of Florida OrrJer ~ooo II Select Year: ~..., . The 2000 Florida Statutes Title X Chapter 112 PUBLIC OFFICERS, EMPLOYEES, AND Public Officers And Employees: General RECORDS Provisions 112.311 Legislative intent and declaration of policy.-- View Entire ChaDter (1) It is essential to the proper conduct and operation of government that publiC officials be independent and Impartial and that pUblic office not be used for private gain other than the remuneration provided by law. The public interest, therefore, requires that the law protect against any conflict of interest and establish standards for the conduct of elected officials and government employees in situations where conflicts may exist. (2) It is also essential that government attract those citizens best qualified to serve. Thus, the law against conflict of Interest must be so designed as not to impede unreasonably or unnecessarily the recruitment and retention by government of those best qualified to serve. Public officials should not be denied the opportunity, available to all other citizens, to acquire and retain private economic interests except when conflicts with the responsibility of such officials to the ........", publiC cannot be avoided. (3) It is likewise essential that the people be free to seek redress of their grievances and express their opinions to all government officials on current issues and past or pending legislative and executive actions at every level of government. In order to preserve and maintain the integrity of the governmental process, it is necessary that the identity, expenditures, and activities of those persons who regularly engage in efforts to persuade public officials to take specific actions, either by direct communication with such officials or by solicitation of others to engage in such efforts, be regularly disclosed to the people. (4) It is the intent of this act to implement these objectives of protecting the integrity of government and of facilitating the recruitment and retention of qualified personnel by prescribing restrictions against conflicts of interest without creating unnecessary barriers to public service. (5) It Is hereby declared to be the policy of the state that no officer or employee of a state agency or of a county, city, or other political subdivision of the state, and no member of the Legislature or legislative employee, shall have any interest, financial or otherwise, direct or indirect; engage in any business transaction or profeSSional activity; or incur any obligation of any nature which is in substantial conflict with the proper discharge of his or her duties in the public interest. To implement this poliCY and strengthen the faith and confidence of the people of the state in their government, there is enacted a code of ethics setting forth standards of conduct required of state, county, and city officers and employees, and of officers and employees of other political subdivisions of the state, In the performance of their official duties. It Is the intent of the Legislature that this code shall serve not only as a guide for the official conduct of pUblic servants in this state, but also as a basis for discipline of those who violate the provisions of this part. (6) It Is declared to be the policy of the state that public officers and employees, state and local, are agents of the people and hold their positions for the benefit of the public. They are bound to uphold the Constitution of the United States and the State Constitution and to perform efficiently and faithfully their duties under the laws of the federal, state, and local governments. Such officers and employees are bound to observe, in their official acts, the highest standards of ethi~ -.. http://www.leg.state.fl.us/statutes...ISEC311.HTM&Title=->2000->ChO 112->Section%2031 2/16/2001 r statutes-> View Statutes-> 2000->ChO 112->Section 311: Online Sunshine Page 2 of2 consistent with this code and the advisory opinions rendered with respect hereto regardless of personal considerations, recognizing that promoting the public interest and maintaining the respect of the people in their government must be of foremost concern. History.--s. 1, ch. 67-469; s. 1, ch. 69-335; s. 1, ch. 74-177; s. 2, ch. 75-208; s. 698, ch. 95- 147. WeJ.c~ . SessiQD . Committees. Legislators. Information Center. Statutes and Constitution. Lobbvlst Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright @ 2000 State of Florida. Contact us. r , r http://www.leg.state.fl.us/statutes...ISEC311.HTM&Title=;->2000->chO 112->Section%2031 2/16/2001 statutes->View Statutes->2000->ChOl12->Section 312: Online Sunshine Page 1 of4 ';i:<<-;X::~~:;,. "'" 0il~'.1iM. {So ..... ".....: \uosl.u.oe Yo':;-::.; '/' <.,".' ,-,'''': -),? ,I, ,'.' -!v., ';':./:N',.:o.,;:X .~"".' -{ '", (.",,-:;' -:~x <<,...~/::;x.N...?,<:....'X?.'/y.....,.', ';~fY.i(;r~~.yN:--?", ~>~"V'<}'~""",0'.>~;q, ti J"ln1utc56. ~~(;~... x/. , lbvmm<;t ~~ L~ Constitution '2 ' - View Statutes Search Statutes Constitution Laws of Florida Order 12000 IJ Select Year: __.,. . The 2000 Florida Statutes Title X Chapter 112 PUBLIC OFFICERS, EMPLOYEES, AND PubliC Officers And Employees: General RECORDS Provisions 112.312 Deflnltions.--As used in this part and for purposes of the provisions of s. 8, Art. II of the State Constitution, unless the context otherwise requires: View Entire ~ (1) "Advisory body" means any board, commission, committee, council, or authority, however selected, whose total budget, appropriations, or authorized expenditures constitute less than 1 percent of the budget of each agency it serves or $100,000, whichever is less, and whose powers, jurisdiction, and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relating to its internal operations. (2) "Agency" means any state, regional, county, local, or municipal government entity of this state, whether executive, judicial, or legislative; any department, division, bureau, commission, authority, or political subdivision of this state therein; or any public school, community college, or state university. ~ (3) "Breach of the public trust" means a violation of a provision of the State Constitution or this part which establishes a standard of ethical conduct, a disclosure requirement, or a prohibition applicable to public officers or employees in order to avoid conflicts between public duties and private interests, including, without limitation, a violation of s.8, Art. II of the State Constitution or of this part. (4) "Business associate" means any person orentlty engaged In or carrying on a business enterprise with a pUblic officer, public employee, or candidate as a partner, joint venturer, corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange, or coowner of property. (5) "Business entity" means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not, doing business in this state. (6) "Candidate" means any person who has filed a statement of financial interest and qualification papers, has subscribed to the candidate's oath as required by s. 99.021, and seeks by election to become a publiC officer. This definition expressly excludes a committeeman or committeewoman regulated by chapter 103 and persons seeking any other office or position in a political party. (7) "Commission" means the Commission on Ethics created by s. 112.320 or any successor to which its duties are transferred. (8) "Conflict" or "conflict of interest" means a situation In which regard for a private interest tends to lead to disregard of a public duty or interest. -.." (9) "Corruptly" means done with a wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for, any benefit resulting from some act or omission of i! http://www.leg.state.fl.us/statutes...ISEC312.HTM&Title=->2000->Ch0112->Section%2031 2/16/2001 statutes->View Statutes->2000->ChOl12->Section 312: Online Sunshine Page 2 of 4 public servant which is inconsistent with the proper performance of his or her public duties. r (10) "Disclosure period" means the taxable year for the person or business entity, whether based on a calendar or fiscal year, immediately preceding the date on which, or the last day of the period during which, the financial disclosure statement required by this part is reqUired to be filed. (11) "Facts materially related to the complaint at issue" means facts which tend to show a violation of this part or s. 8, Art. II of the State Constitution by the alleged violator other than those alleged in the complaint and consisting of separate instances of the same or similar conduct as alleged in the complaint, or which tend to show an addItional violation of this part or s. 8, Art. II of the State Constitution by the alleged violator which arises out of or in connection with the allegations of the complaint. (12)(a) "Gift," for purposes of ethics In gov~rnment and financial disclosure required by law, means that which is accepted by a donee or by another on the donee's behalf, or that which is paid or given to another for or on behalf ofa donee, directly, Indirectly, or in trust for the donee's benefit or by any other means, for iNhich equal or greater consideration is not given within 90 days, including: 1. Real property. 2. The use of real property. 3. Tangible or Intangible personal property. 4. The use of tangible or intangible personal property. r 5. A preferential rate or terms on a debt, loan, goods, or services, which rate is below the customary rate and is not either a government rate available to ail other similarly situated government employees or officials or a rate which is available to Similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin. 6. Forgiveness of an indebtedness. 7. Transportation, other than that provided to a pUblic officer or employee by an agency in relation to officially approved governmental business, lOdging, or parking. 8. Food or beverage. 9. MembershIp dues. 10. Entrance fees, admission fees, or tickets to events, performances, or facilities. 11. Plants, flowers, or floral arrangements. 12. Services provided by persons pursuant to a professionall.lcense or certificate. 13. Other personal services for which a fee is normally charged by the person prOViding the services. 14. Any other similar service or thing having an attributable value not already provided for in this section. r (b) "Gift" does not include: 1. Salary, benefits, services, fees, commissions, gifts, or expenses associated primarily with the donee's employment, business, or service as an officer or director of a corporation or organization, http://www.1eg.state.fl.us/statutes...ISEC312.HTM&Title=-> 2000->ChO 112->Section%2031 2/16/2001 statutes-> View Statutes-> 2000->ChO 112->Section 312: Online Sunshine Page 3 of4 2. Contributions or expenditures reported pursuant to chapter 106, campaign-related personal services provided without compensation by individuals volunteering their time, or any other contribution or expenditure by a political party. .-. 3. An honorarium or an expense related to an honorarium event paid to a person or the person's spouse. 4. An award, plaque, certificate, or similar personalized item given in recognition of the donee's public, civic, charitable, or professional service. 5. An honorary membership in a service or fraternal organization presented merely as a courtesy by such organization. 6. The use of a public faclllty or public property, made available by a governmental agency, for a public purpose. . 7. Transportation provided to a public officer or employee by an agency in relation to officially approved governmental business. 8. Gifts provided directly or indirectly by a state; regional, or national organization which promotes the exchange of ideas between, or the professional development of, governmental officials or employees, and whose membership is primarily composed of elected or appointed public officials or staff, to .members of that organization or officials or staff of a governmental agency that is a member of that organization. (c) For the purposes of paragraph (a), "intangible personal property" means property as defined in s. 192.001(1l)(b). -.. (d) For the purposes of paragraph (a), the term "consideration" does not include a promise to pay or otherwise provide something of value unless the promise is in writing and enforceable through the courts. (13) "Indirect" or "indirect interest" means an interest in which legal title is held by another as trustee or other representative capacity, but the equitable or beneficial interest is held by the person required to file under this part. (14) "Liability" means any monetary debt or obligation owed by the reporting person to another person, entity, or governmental entity, except for credit card and retail installment accounts, taxes owed unless reduced to a judgment, indebtedness on a life insurance policy owed to the company of issuance, contingent liabilities, or accrued income taxes on net unrealized appreciation. Each liability which is required to be disclosed by s. 8, Art. II of the State Constitution shall identify the name and address of the creditor. (15) "Material interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. For the purposes of this act, indirect ownership does not include ownership by a spouse or minor child. (16) "Materially affected" means Involving an Interest in real property located within the jurisdiction of the official's agency or involving an investment in a business entity, a source of income or a position of employment, office, or management In any business entity located within the jurisdiction or doing business within the jurisdiction of the official's agency which is or will be affected in a substantially different manner or degree than the manner or degree in which the public in general will be affected or, if the matter affects only a special class of persons, then affected in a substantially different manner or degree than the manner or degree in which such class will be affected. --. (17) "Ministerial matter" means action that a person takes In a prescribed manner in obedience. to http://www.leg.state.fl.us/statutes...ISEC312.HTM&Title=->2000->ChO 112->Section%2031 2/16/2001 statutes->View Statutes->2000->ChOl12->Section 312: Online Sunshine Page 4 of 4 the mandate of legal authority, without the exercise of the person's own judgment or discretion as to the propriety of the action taken. r (18) "Parties materially related to the complaint at issue" means any other public officer or employee within the same agency as the alleged violator who has engaged in the same conduct as that alleged in the complaint, or any other public officer or employee who has participated with the alleged violator in the alleged violation as a coconspirator or as an aider and abettor. (19) "Person or business entities provided a grant or privilege to operate" Includes state and federally chartered banks, state and federal savings and loan associations, cemetery companies, insurance companies, mortgage companies, credit unions, small loan companies, alcoholic beverage licensees, pari-mutuel wagering companies, utility companies, and entities controlled by the Public Service Commission or granted a franchise to operate by either a city or county government. (20) "Purchasing agent" means a publiC officer or employee having the authority to commit the expenditure of public funds through a contract for, or the purchase of, any goods, services, or interest in real property for an agency, as opposed to the authority to request or requisition a contract or purchase by another person. (21) "Relative," unless otherwise specified in this part, means an individual who is related to a public officer or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister,grandparent, great grandparent, grandchild, great grandchild, step grandparent, step great grandparent, step grandchild, step great grandchild, person who is engaged to be married to the public officer or employee or who otherwise holds himseif or herself out as or is generally known as the person whom the public officer or employee intends to marry or with whom the public officer or employee intends to form a household, or any other natural r person having the same legal residence as the public officer or employee. (22) "Represent" or "representation" means actual physical attendance on behalf of a client in an agency proceeding, the writing of letters or filing of documents on behalf of a client, and personal communications made with the officers or employees of any agency on behalf of a client. (23) "Source" means the name, address, and description of the principal business activity of a person or business entity. (24) "Value of real property" means the most recently assessed value in lieu of a more current appraisal. History.--s. 2'-ch. 67-469; ss. 11, 12, ch. 68-35; s. 8, ch. 69-353; s. 2, ch. 74-177; s. 1, ch. 75- 196; s. 1, ch. 75-199; s. 3, ch. 75-208; s. 4, ch. 76-18; s. 1, ch. 77-174; s. 2, ch. 82-98; s. 1, ch. 83-282; s. 2, ch. 90-502; s. 2, ch. 91-85; s. 3, ch. 91-292; s. 699, ch. 95-147; s. 1, ch. 96-328; s. 1, ch. 2000-243. Welcome. Session. Committees. Leaislators . Information Center. Statutes and Constitution. Lobbyist Information Disclaimer: The Information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright @ 2000 State of Florida. Contact us. r http://www.leg.state.fl.us/statutes...ISEC312.HTM&Title=->2000->Ch0112->Section%2031 2/16/2001 statutes->View Statutes->2000->ChOl12->Section 313: Online Sunshine Page 1 of6 .:t~~~iVh>':'k,. .. CWiM. \S.an.hiDe :::~"'~;~~.. ':0-,<", ~,..2~ ;:;",~:;I:.-..s::~'..- ,;::.... ,~;'o-c,,), ~-;., '<< Stotu1f''\ 6 ..,', \~-;,',' ~ * 0,~' ",' -::. ~, ,"::<<N:::r;:::~y.::/.....v..::( '11' ::-~~'X:z:~.<" :m-$t-1~:@f~';"" ~,,<:JYX:-:/.'.. ;.~ lli*" ~"~~:;'~;'i.. ','~>' /;.u,}:<;.;~/\.... ,::,,>> '" ~,~ on~tl u Ion v~ ( -. View Statutes 12000 :iI Select Year:_~._.. Search Statutes Constitution Laws of Florida Order . The 2000 Florida Statutes Title X Chapter 112 PUBLIC OFFICERS, EMPLOYEES, AND Public Officers And Employees: General RECORDS Provisions 112.313 Standards of conduCt for public officers, employees of agencies, and local government attorneys.-- View Entire Chapter (1) DEFINITION.--As used in this section, unless the context otherwise requires, the term "public officer" includes any person elected or appointed to hold office in any agency, induding any person serving on an advisory body. (2) SOLICITATION OR ACCEPTANCE OF GIFTS.--No public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the publiC officer, employee, local government attorney, or candidate would be influenced thereby. (3) DOING BUSINESS WITH ONE'S AGENCY.--No employee of an agency acting in his or her official capacity as a purchasing agent, or public officer acting in his or her official capacity, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for his or her own agency from any business entity of which the officer or employee or the officer's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. Nor shall a publiC officer or employee, acting in a private capacity, rent, lease, or sell any realty, goods, or services to the officer's or employee's own agency, if he or she is a state officer or employee, or to any political subdivision or any agency thereof, if he or she is serving as an officer or employee of that political subdivision. The foregoing shall not apply to district offices maintained by legislators when such offices are located in the legislator's place of business or when such offices are on property wholly or partially owned by the legislator. This subsection shall not affect or be construed to prohibit contracts entered into prior to: .-., (a) October 1, 1975. (b) Qualification for elective office. (c) Appointment to public office. (d) Beginning publiC employment. (4) UNAUTHORIZED COMPENSATION.--No pUblic officer, employee of an agency, or local government attorney or his or her spouse or minor child shall, at any time, accept any compensation, payment, or thing of value when such public officer, employee, or local government attorney knows, or, with the exercise of reasonable care, should know, that it was given to influence a vote or other action In which the officer, employee, or local government attorney was expected to participat~ in his or her official capacity. ........, (5) SALARY AND EXPENSES.--No public officer shall be prohibited from voting on a matter http://www.leg.state.fl.us/statutes...ISEC313.HTM&Title=->2000->ChOl12->Section%2031 2/16/2001 statutes-> View Statutes->2000->ChO 112->Section 313: Online Sunshine Page 2 of6 affecting his or her salary, expenses, or other compensation as a public officer, as provided by law. No local government attorney shall be prevented from considering any matter affecting his or her salary, expenses, or other compensation as the local government attorney, as provided by law. r (6) MISUSE OF PUBUC POSITION.--No public officer, employee of an agency, or local government attorney shall corruptiy use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31. (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.-- (a) No publiC officer or employee of an age~cy shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she Is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining. contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties. 1. When the agency referred to is that certain kind of special tax district created by general or special law and is limited speCifically to constructing, maintaining, managing, and financing improvements in the land area over which the agency has jurisdiction, or when the agency has been organized pursuant to chapter 298, then employment with, or entering Into a contractual relationship with, such business entity by a public officer or employee of such agency shall not be prohibited by this subsection or be deemed a conflict per se. However, conduct by such officer or employee that is prohibited by, or otherwise frustrates the intent of, this section shall be deemed a conflict of interest in violation of the standards of conduct set forth by this section. r 2. When the agency referred to Is a legislative body and the regulatory power over the business entity resides In another agency, or when the regulatory power which the legislative body exercises over the business entity or agency is strictly through the enactment of laws or ordinances, then employment or a contractual relationship with such business entity by a publiC officer or employee of a legislative body shall not be prohibited by this subsection or be deemed a confi ict. (b) This subsection shall not prohibit a public officer or employee from practicing In a particular profession or occupation when such practice by persons holding such public office or employment is required or permitted by law or ordinance. (8) DISCLOSURE OR USE OF CERTAIN INFORMATION.--No public officer, employee of an agency, or local government attorney shall disclose or use information not available to members of the general public and gained by reason of his or her official position for his or her personal gain or benefit or for the personal gain or benefit of any other person or business entity. (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR LEGISLATORS AND LEGISLATIVE EMPLOYEES.-- (a)1. It is the intent of the Legislature to Implement by statute the provisions of s. 8(e), Art. II of the State Constitution relating to legislators, statewide elected officers, appointed state officers, and designated publiC employees. 2. As used In this paragraph: r a. "Employee" means: http://www.leg.state.fl.us/statutes...ISEC313.HTM&Title=->2000->ChOl12->Section%2031 2/16/2001 statutes-> View Statutes->2000->ChO 112->Section 313: Online Sunshine Page 3 of6 (I) Any person employed in the executive or legislative branch of government holding a position in the Senior Management Service as defined in s. 110.402 or any person holding a position in the Selected Exempt Service as defined in s. 110.602 or any person having authority over policy or _, procurement employed by the Department of the Lottery. (II) The Auditor GenE;!ral, the Sergeant at Arms and Secretary of the Senate, and the Sergeant at Arms and Clerk of the House of Representatives. (III) The executive director of the Legislative Committee on Intergovernmental Relations and the executive director and deputy executive director of the Commission on Ethics. (IV) An executive director, staff director, or deputy staff director of each joint committee, standing committee, or select committee of the Legislature; an executive director, staff director, executive assistant, analyst, or attorney of the Office of the President of the Senate, the Office of the Speaker of the House of Representatives, the Senate Majority Party Office, Senate Minority Party Office, House Majority Party Office, or House Minority Party Office; or any person, hired on a contractual basis, having the power normally conferred upon such persons, by whatever title. (V) The Chancellor and Vice Chancellors of the State University System; the general counsel to the Board of Regents; and the president, vice presidents, and deans of each state university. (VI) Any person having the power normally conferred upon the positions referenced In this sub- subparagraph. b. "Appointed state officer" means any member of an appointive board, commission, committee, council, or authority of the executive or legislative branch of state government whose powers, jurisdiction, and authority are not solely advisory and include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relative to its internal operations. --., c. "State agency" means an entity of the legislative, executive, or judicial branch of state government over which the Legislature exercises plenary budgetary and statutory control. 3. No member of the Legislature, appointed state officer, or statewide elected officer shall personally represent another person or entity for compensation before the government body or agency of which the Individual was an officer or member for a period of 2 years following vacation of office. No member of the Legislature shall personally represent another person or entity for compensation during his or her term of office before any state agency other than judicial tribunals or in settlement negotiations after the filing of a lawsuit. 4. No agency employee shall personally represent another person or entity for compensation before the agency with which he or she was employed for a period of 2 years following vacation of position, unless employed by another agency of state government. 5. Any person Violating this paragraph shall be subject to the penalties provided in s. 112.317 and a civil penalty of an amount equal to the compensation which the person receives for the prohibited conduct. 6. This paragraph is not applicable to: a. A person employed by the Legislature or other agency prior to July 1, 1989; b. A person who was employed by the Legislature or other agency on July 1, 1989, whether or not the person was a defined employee on July 1, 1989; '~ c. A person who was a defined employee of the State University System or the Public Service Commission who held such employment on December 31,1994; http://www.1eg.state.fl.us/statutes...ISEC313.HTM&Title=->2000->ChO 112->Section%2031 2/16/2001 statutes->'View Statutes->2000->ChOl12->Section 313: Online Sunshine Page 4 of 6 d. A person who has reached normal retirement age as defined in s. 121.021(29), and who has retired under the provisions of chapter 121 by July 1, 1991; or r e. Any appointed state officer whose term of office began before January 1, 1995, unless reappointed to that office on or after January 1, 1995. (b) In addition to the provisions of this part which are applicable to legislators and legislative employees by virtue of their being public officers or employees, the conduct of members of the Legislature and legislative employees shall be governed by the ethical standards provided in the respective rules of the Senate or House of Representatives which are not in conflict herewith. (10) EMPLOYEES HOLDING OFFICE.-- (a) No employee of a state agency or of a county, municipality, special taxing district, or other political subdivision of the state shall hold office as a member of the governing board, council, commission, or authority, by whatever name known, which is his or her employer while, at the same time, continuing as an employee of such employer. (b) The prOVisions of this subsection shall not apply to any person holding office in violation of such provisions on the effective date of this act. However, such a person shall surrender his or her conflicting employment prior to seeking reelection or accepting reappointment to office. (11) PROFESSIONAL AND OCCUPATIONAL UCENSING BOARD MEMBERS.--No officer, director, or administrator of a Florida state, county, or r~gional professional or occupational organization or association, while holding such position, shall be eligible to serve as a member of a state examining or licensing board for the profession or occupation. r (12) EXEMPTION.--The requirements of subsections (3) and (7) as they pertain to persons serving on advisory boards may be waived in a particular instance by the body which appointed the person to the advisory' board, upon a full disclosure of the transaction or relationship to the appointing body prior to the waiver and an affirmative vote in favor of waiver by two-thirds vote of that body. In instances in which appointment to the advisory board is made by an individual, waiver may be effected, after public hearing, by a determination by the appointing person and full disclosure of the transaction or relationship by the appointee to the appointing person. In addition, no person shall be held in violation of subsection (3) or subsection (7) if: (a) Within a city or county the business is transacted under a rotation system whereby the business transactions are rotated among all qualified suppliers of the goods or services within the city or county. (b) The business is awarded under a system of sealed, competitive bidding to the lowest or best bidder and: 1. The official or the official's spouse or child has in no way participated in the determination of the bid specifications or the determination of the lowest or best bidder; 2. The official or the official's spouse or child has in no way used or attempted to use the official's influence to persuade the agency or any personnel thereof to enter such a contract other than by the mere submission of the bid; and 3. The official, prior to or at the time of the submission of the bid, has filed a statement with the Department of State, if the official is a state officer or employee, or with the supervisor of elections of the county in which the agency has its principal office, If the official is an officer or employee of a political subdivision, disclosing the official's interest, or the interest of the official's spouse or child, and the nature of the intended business. r (c) The purchase or sale is for legal advertising in a newspaper, for any utilities service, or for passage on a common carner. http://www.1eg.state.fl.us/statutes...ISEC313.HTM&Tit1e=->2000->ChO 112->Section%2031 2/1612001 statutes-> View Statutes-> 2000->ChO 112->Section 313: Online Sunshine Page 5 of6 (d) An emergency purchase or contract which would otherwise violate a provision of subsection (3) or subsection (7) must be made in order to protect the health, safety, or welfare of the citizens of the state or any political subdivision thereof. --. (e) The business entity involved is the only source of supply within the political subdivision of the officer or employee and there is full disclosure by the officer or employee of his or her interest in the bus.iness entity to the governing body of the political subdivision prior to the purchase, rental, sale, leasing, or other business being transacted. (f) The total amount of the transactions in the aggregate between the business entity and the agency does not exceed $500 per calendar year. (g) The fact that a county or municipal officer or member of a public board or body, including a district school officer or an officer of any district within a county, is a stockholder, officer, or director of a bank will not bar such bank from qualifying as a depository of funds coming under the jurisdiction of any such publiC board or body, provided it appears In the records of the agency that the governing body of the agency has determined that such officer or member of a public board or body has not favored such bank over other qualified banks. (h) The transaction is made pursuant to s. 240.229 or s. 240.241 and is specifically approved by the president and the Chancellor. The Chancellor shall submit to the Governor and the Legislature by March 1 of each year a report of the transactions approved pursuant to this paragraph during the preceding year. . (I) The public officer or employee purchases in a private capacity goods or services, at a price and upon terms available to similarly situated members of the general public, from a business entity which is doing business with his or her agency. (j) The public officer or employee in a private capacity purchases goods or services from a business entity which is subject to the regulation of his or her agency and: ""'" 1. The price and terms of the transaction are available to similarly situated members of the general public; and 2. The officer or employee makes full disclosure of the relationship to the agency head or governing body prior to the transaction. (13) COUNTY AND MUNICIPAL ORDINANCES AND SPECIAL DISTRICT AND SCHOOL DISTRICT RESOLUTIONS REGULATING FORMER OFFICERS OR EMPLOYEES.--The governing body of any county or municipality may adopt an ordinance and the governing body of any special district or school district may adopt a resolution providing that an appointed county, municipal, special ' district, or school district officer or a county, municipal, special district, or school district employee may not personally represent another person or entity for compensation before the government body or agency of which the individual was an officer or employee for a period of 2 years following vacation of office or termination of employment, except for the purposes of collective bargaining. Nothing in this section may be construed to prohibit such ordinance or resolution. (14) LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.--A person who has been elected to any county, municipal, special district, or school district office may not personally represent another person or entity for compensation before the governing bOdy of which the person was an officer for a period of 2 years after vacating that office. The provisions of this subsection shall not apply to elected officers holding office as of October 1, 1992, until after their next election, and shall not apply to elected officers of school districts holding office on January 1, 1995, until after their next election. (15) ADDmONAL EXEMPTION.--No elected public officer shall be held in violation of subsection (7) if the officer maintains an employment relationship with an entity which is currently a tax- exempt organization under s. 501(c) of the Internal Revenue Code and which contracts with or _ otherwise enters into a business relationship with the officer's agency and: ~ http://www.1eg.state.fl.us/statutes...ISEC313 .H1M&Title=->2000->ChO 112->Section%2031 2/16/2001 statutes->View Statutes->2000->ChOl12->Section 313: Online Sunshine Page 60f6. r (a) The officer's employment is not directly or indirectly compensated as a result of such contract or business relationship; (b) The officer has in no way participated in the agency's decision to contract or to enter into the business relationship with his or her employer, whether by participating in discussion at the meeting, by communicating with officers or employees of the agency, or otherwise; and (c) The officer abstains from voting on any matter which may come before the agency involving the officer's employer, publicly states to the assembly the nature of the officer's interest in the matter from which he or she is abstaining, and files a written memorandum as provided in s. 112.314;3,. (16) LOCAL GOVERNMENT ATTORNEYS.-- (a) For the purposes of this section, "local government attorney" means any individual who routinely serves as the attorney for a unit of local government. The term shall not include any person who renders legal services to a unit of local government pursuant to contract limited to a specific issue or subject, to specific litigation, or to a speCific administrative proceeding. For the purposes of this section, "unit of local government" includes, but is not limited to, municipalities, counties, and special districts. (b) It shall not constitute a violation of subsection (3) or subsection (7) for a unit of local government to contract with a law firm, operating as either a partnership or a professional association, or in any combination thereof, or with a local government attorney who is a member of or Is otherwise associated with the law firm, to provide any or all legal services to the unit of local government, so long as the local government attorney is not a full-time employee or member of the governing body of the unit of local government. However, the standards of conduct as provided in subsections (2), (4), (5), (6), and (8) shall apply to any person who serves as a local government attorney. . r (c) No local government attorney or law firm in which the local government attorney is a member, partner, or employee shall represent a private individual or entity before the unit of local government to which the local government attorney provides legal services. A local government attorney whose contract with the unit of local government does not include provisions that authorize or mandate the use of the law firm of the local government attorney to complete legal services for the unit of local government shall not recommend or otherwise refer legal work to that attorney's law firm to be completed for the unit of local government. Hlstory.--s. 3, ch. 67-469; s. 2, ch. 69-335; ss. 10,35, ch. 69-106; s. 3, ch. 74-177; 55. 4, 11, ch. 75-208; s. 1, ch. 77-174; s. 1, ch. 77-349; s. 4, ch. 82-98; s. 2, ch. 83-26; s. 6, ch. 83-282; s. 14, ch. 85-80; s. 12, ch. 86-145; s. 1, ch. 88-358; s. 1, ch. 88-408; s. 3, ch. 90-502; s. 3, ch. 91-85; s. 4, ch. 91-292; s. 1, ch. 92-35; s. 1, ch. 94-277; s. 1406, ch. 95-147; s. 3, ch. 96-311; s. 34, ch. 96-318; s. 41, ch. 99-2. Welcome. Session. Committees. Legislators . Information Center. Statutes and Constitution . Lobbyist Information Disclaimer: The information on this system is unverified. The joumals or printed bills of the respective chambers should be consulted for official purposes. Copyright @ 2000 State of Florida. Contact us. r http://www.leg.state.fl.us/statutes...ISEC313.HTM&Title=-> 2000->ChO 112->Section%2031 2/16/2001 statutes->View Statutes->2000->ChOl12->Section 3143: Online Sunshine Page 1 of2 r"'>< fS.....~>1I'.1.1 .. i, . .............,:0.. ~~.. ........'I.D ,~: .- "/^~-<< ~~? ~? " ~~ ,?/r ," '" _, "", ~ ,:" .- S1ntutplj 6 .- ." ~ ;~ :'~""'~-;~7';-~~(,Y~ ~,:;...~;~, '/:'-~m~.-.;y....k /:~"rw:-~, ".r f.::^~fW"~,~~,>~~ Constitution ~:;~~~:,~:;yt .- .- ~ ,,~" ~~~" ~~ ~ v',,".... ,"-'Yo_ . ~. ,,,';--',;<: - View Statutes 12000 '&1 Select Year: _~._ Search Statutes Constitution Laws of Florida Order . The 2000 Florida Statutes TItle X PUBUC OFFICERS, EMPLOYEES, AND RECORDS 112.3143 Voting conflicts.-- Chapter 112 Public Officers And Employees: General Provisions View Entire ChaDter (1) As used in this section: (a) "Public officer" includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body. . (b) "Relative" means any father, mother, son, daughter, husband, wife, brother, sister, father-in- law, mother-in-law, son-in-law, or daughter-in-law. . (2) No state public officer is prohibited from voting in an official capacity on any matter. However, any state public officer voting in an official capacity upon any measure which would inure to the officer's special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom the officer is retained or to the parent organization or subsidiary of a corporate principal by which the officer is retained; or which the officer knows would inure to the special private gain or loss of a relative or business associate of the public officer shall, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. -- (3)(a) No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom he or she Is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, other than an agency as defined in s. 112.312(2); or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer. Such pUblic officer shall, prior to the vote being taken, publicly state to the assembly the nature of the officer's interest In the matter from which he or she is abstaining from voting and, within 15 days after the vote occurs, disdose the nature of his or her interest as a public record In a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. (b) However, a commissioner of a community redevelopment agency created or designated pursuant to s. 163.356 or s. 163.357, or an officer of an independent special tax district elected on a one-acre, one-vote basis, is not prohibited from voting, when voting in said capacity. (4) No appointed public officer shall participate in any matter which would inure to the officer's special private gain or loss; which the officer knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained; or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer, without first disclosing the nature of his or her interest in the matter. -.. (a) Such disclosure, indicating the nature of the conflict, shall be made in a written memorandu:il hrtp://www.leg.state.fl.us/statu...ISEC3143.HTM&Title=->2000->Ch0112->Section%20314 2/1612001 statutes->View Statutes->2000->ChOl12->Section 3143: Online Sunshine Page 2 of2 r filed with the person responsible for recording the minutes of the meeting, prior to the meeting in which consideration of the matter will take place, and shall be incorporated into the minutes. Any such memorandum shall become a public record upon filing, shall immediately be provided to the other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing of this written memorandum. (b) In the event that disclosure has not been made prior to the meeting or that any conflict is unknown prior to the meeting, the disclosure shall be made orally at the meeting when it becomes known that a conflict exists. A written memorandum disclosing the nature of the conflict shall then be filed within 15 days after the oral disclosure with the person responsible for recording the minutes of the meeting and shall be Incorporated into the minutes of the meeting at which the oral disclosure was made. Any such memorandum shall become a public record upon filing, shail immediately be provided to the other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing qf this written memorandum. (c) For purposes of this subsection, the term "participate" means any attempt to influence the decision by oral or written communication, whether made by the officer or at the officer's direction. (5) Whenever a pUblic officer or former public officer is being considered for appointment or reappointment to public office, the appointing body shall consider the number and nature of the memoranda of conflict previously filed under this section by said. officer. Hlstory.--s. 6, ch. 75-208; s. 2, ch. 84-318; s. 1, ch. 84-357; s. 2, ch. 86-148; s. 5, ch. 91-85; s. 3, ch. 94-277; s. 1408, ch. 95-147; s. 43, ch. 99-2. Welcome. Session. Committees. Legislators . Information Center. Statutes and Constitution . Lobbyist Information r Disclaimer: The information on this system Is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright @ 2000 State of Florida. Contact us. r http://www.Ieg.state.fl.us/statu...ISEC3143.HTM&Title=-> 2000->ChO 112->Section%20314 2/16/2001 r B. r r Sunshine Law: 1. Public meetings and records; public inspection; criminal and civil . penalties, Section 286.011, Florida Statutes. 2. Access to local public officials; quasi-judicial proceedings on local government land use matters, Section 286.0115, Florida Statutes. 3. Voting requirement at meetings of government bodies, Section 286.012, Florida Statutes. statutes->View Statutes->2000->Ch0286->Section 011: Online Sunshine Page 1 of2 (r'a..... .... ..~.. .. ...Sunsbine -, View Statutes Search Statutes Constitution Laws of Florida Order 12000 .: Select Year:...___.. · . The 2000 Florida Statutes IDIJUtt}( Chapter 286 ~_w Entire Chapter PUBliC BUSINESS Public Business: Miscellaneous Provisions 286.011 Public meetings and records; public Inspection; criminal and civil penaltles.-- (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. . (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to publiC Inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. """'\ (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof Is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as prOVided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was flied in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against.the --.. http://www.leg.state.flus/statutes...ISEC011.HTM&Title=-> 2000->Ch0286->Section%200 1 2/16/2001 statutes->View Statutes->2000->Ch0286->Section 011: Online Sunshine Page 2 of2 individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. r (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequentiy acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (i), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may m~et in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a publiC meeting that he or she desire~ advice concerning the litigation. (b) The subject matter of the meeting shall pe confined to settlement nefJotiations or strategy sessions related to litigation expenditures. r (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the' record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. History.--s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91- 224; s. 1, ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95-353. Welcome · Session · Committees · Legislators. Information Center. Statutes and Constitution . Lobbyist Information Disclaimer: The Information on this system Is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright @ 2000 State of Florida. Contact us. r \ http://www.leg.state.fl.us/statutes.../SEC011.HTM&Title=-> 2000->Ch0286->Section%200 1 2/16/2001 statutes->View Statutes->2000->Ch0286->Section 0115: Online Sunshine Page 1 of2 !:S~-=:hine :::: ~ ,'.v--~ ~;,;x;'r" ~ ~/.J,:i'~.x~.v.f7 ~:; ^.~" <<,.v ~ ~~ X ~,?-:,z: ?;?: ~>> ~:::1"?~ ,::;~, x. i'::;"~ ;;: 5 t '" ~~, ~ 'I <~ ~<<>'~f.;:i /0<<':'>';:;':'/ >,,,,".$.,~..........,/>y.;..;vk ~>"'::;-,,f,,'(.~~;..: , '#; tff utes CII ? ~ >' < >>:-::<< <, Vx.;.)., ) , :~;.; ~ , v ( , , "~~,'" " <<',,:.,' oo,litlJtlOn . - View Statutes Search Statutes Constitution Laws of Florida Orcler 12000. Select Year: _"_. . The 2000 Florida Statutes ntle.XlX Chapter 286 View Entire ChaRtm: PUBUC BUSINESS Public Business: Miscellaneous Provisions 286.0115 Access to local public officialsi quasi-judicial proceedings on local government land use matters.-- (l)(a) A county or municipality may adopt an ordinance or resolution removing the presumption of prejudice from ex parte communications with local public officials by establishing a process to disclose ex parte communications with such officials pursuant to this subsection or by adopting an alternative process for such disclosure. However, this subsection does not require a county or municipality to adopt any ordinance or resolution establishing a disclosure process. (b) As used in this subsection, the term "local public official" means any elected or appointed public official holding a county or municipal office who recommends or takes quasi-judicial action as a member of a board or commission. The term does not include a member of the board or commission of any state agency or authority. ~ (c) Any person not otherwise prohibited by statute, charter provision, or ordinance may discuss with any local public official the merits of any matter on which action may be taken by any board or commission on which the local publiC official Is a member. If adopted by county or municipal ordinance or resolution, adherence to the following procedures shall remove the presumption of prejudice arising from ex parte communications with local public officials. 1. The substance of any ex parte communication with a local pUblic official which relates to quasi- judicial action pending before the official is not presumed prejudicial to the action if the subject of the communication and the identity of the person, group, or entity with whom the communication took place is disclosed and made a part of the record before final action on the matter. 2. A local public official may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before a local public official shall not be presumed prejudicial to the action, and such written communication shall be made a part of the record before final action on the matter. 3. Local public officials may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the Investigation, site visit, or expert opinion is made a part of the record before final action on the matter. 4. Disclosure made pursuant to subparagraphs 1., 2., and 3. must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communication. This subsection does not subject local public officials to part III of chapter 112 for not complying with this paragraph. . "'"'" , (2)(a) Notwithstanding the provisions of subsection (1), a county or municipality may adopt an ordinance or resolution establishing the procedures and provisions of this subsection for quasi- judicial proceedings on local government land use matters. The ordinance or resolution shall provide procedures and provisions identical to this subsection. However, this subsection does no~ http://www.1eg.state.f1.us/statu.../SECOl15.HTM&Title=-> 2000->Ch0286->Section%200 11 2/16/2001 statutes->View Statutes->2000->Ch0286->Section 0115: Online Sunshine Page 2 of2 require a county or municipality to adopt such an ordinance or resolution. r (b) In a quasi-judicial proceeding on local government land use matters, a person who appears before the decision making body who is not a party or party-intervenor shall be allowed to testify before the declslonmaking body, subject to control by the decislonmaking body, and may be requested to respond'to questions from the decision making body, but need not be sworn as a witness, is not required to be subject to cross-examination, and is not required to be qualified as an expert witness. The decislonmaking body shall assign weight and credibility to such testimony as It deems appropriate. A party or party-intervenor In a quasi-judicial proceeding on local government land use matters, upon request by another party or party-intervenor, shall be sworn as a witness, shall be subject to cross-examination by other parties or party-intervenors, and shall be reqUired to be qualified as an expert witness, as appropriate. (c) In a quasi-judicial proceeding on local government land use matters, a person may not be precluded from communicating directly with a member of the decisionmaklng body by application of ex parte communication prohibitions. Disclosure of such communications by a member of the decision making body is not required, and such nondisclosure shall not be presumed prejudicial to the decision of the decision making bOdy. All decisions of the decision making body in a quasi- judiCial proceeding on local government land use matters must be supported by substantial, competent evidence In the record pertinent to the proceeding, irrespective of such communications. (3) This section does not restrict the authority of any board or commission to establish rules or procedures governing public hearings or contacts with local public officials. History.--s. 1, ch. 95-352; s. 31, ch. 96-324. r Welcome. Session. Committees. Leaislators . Information Center. Statutes and Constitution. Lobbyist Information Disclaimer: The information on this system Is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright @ 2000 State of Florida. Contact us. r http://www.Ieg.state.fl.us/statu...ISECOl15.HTM&Title=-> 2000->Ch0286->Section%200 11 2/16/2001 statut~s->View Statutes->2000->Ch0286->Section 012: Online Sunshine Page 1 of1 ;:::f.r:':';>::;::;:~ t'S.hiac y~..... Y.,,-:- // .f;':', > V" ~~ .. ~ '<>>'; > ~Si.< .r " (. ~.... 1/'/~':> - .( 1 Q ~ ;;/~' 'S~,VS~'<'.... u7; :-:Y~~'ill.r ~v~W>>'>>N~ ('-~->>>>=<<<<;.'''V...C0;': ~~m-M ,...,;.0:, ,::::,/,.N ;:;;...J :,~. ~~ ,.1otu ('5 \.Ol {'?.[ '~........~' ~ . ". ,. ,.,-".. "^=.>7'}'<'"",,,,"'( I'j I' . "e.m. ~ 4?~ ~ 0~%)@(*1:.tr*ir%,,~;;:;ji; ~~' :-:"^ "I U on~ I lJ Ion { - View Statutes t2000 II Select Year: '" '''_A' . Search Statutes Constitution Laws of Florida Order' . The 2000 Florida Statutes Title XIX Chapter 286 View Entire Chapter PUBLIC BUSINESS Public Business: Miscellaneous Provisions 286.012 Voting requirement at meetings of governmental bodies.--No member of any state, county, or municipal governmental board, commission, or agency who is present at any . meeting of any such body at which an official decision, ruling, or other official act is to be taken or adopted may abstain from voting in regard to any such decision, ruling, or act; and a vote shall be recorded or counted for each such member present, except when, with respect to any such member, there is, or appears to be, a pOSSible conflict of interest under the provisions of s. 112.311, s. 112.313, or s. 112.3143. In such cases, said member shall comply with the disclosure requirements of s. 112.3143. History.--s. 1, ch. 72-311; s. 9, ch. 75-208; s. 2, ch. 84-357; s. 13,.ch. 94-277. ll'le.lcome . Session · Committees. Le9islators . Information Center. Statutes and Constitution. L.QlWyist Information ~ Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright @ 2000 State of Florida. Contact us. .,""", http://www.leg.state.fl.us/statutes...ISEC012.HTM&Title=->2000->Ch0286->Section%200 1 2/16/2001 r leMA CODE OF ETHICS WITH GUIDELINES The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the membership in May 1998. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in September 2000. The purposes of ICMA are to enhance the quality of local government and to support and assist professional local administrators in the United States and other countries, To further these objectives, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall: Tenet 1. Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective. Tenet 2. Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant. r Guideline Advice to Officials of Other Local Governments. When members advise and respond to inquiries from elected or appointed officials of other local governments, they should infonn the administrators of those communities. Tenet 3. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. Guidelines Public Confidence. Members should conduct themselves so as to maintain public confidence in their profession, their local government, and in their perfonnance of the public trust. Impression of Influence. Members should conduct their official and personal affairs in such a manner as to give the clear impression that they cannot be improperly influenced in the perfonnance of their official duties. Appointment Commitment Members who accept an appointment to a position should not fail to report for that position. This does not preclude the possibility of a member considering several offers or seeking several positions at the same time, but once a bona fide offer of a position has been accepted, that commitment should be honored. Oral acceptance of an employment offer is considered binding unless the employer makes fundamental changes in tenns of employment Credentials. An application for employment should be complete and accurate as to all pertinent details of education, experience, and personal history. Members should recognize that both omissions and inaccuracies must be avoided. r Professional Respect Members seeking a management position should show professional respect for persons fonnerly holding the position or for others who might be applying for the same position. Professional respect does not preclude honest differences of opinion; it does preclude attacking a person's motives or integrity in order to be appointed to a position. Confidentiality. Members should not discuss or divulge infonnation with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics. -""'""\ Seeking Employment. Members should not seek employment for a position having an incumbent administrator who has not resigned or been officially informed that his or her services are to be terminated. Tenet 4. Recognize that the chief function ofIocal government at all times is to serve the best interests of all of the people. Guideline Length of Service. A minimum of two years generally is considered necessary in order to render a professional service to the local government. A short tenure should be the exception rather than a recurring experience. However, under special circumstances, it may be in the best interests of the local government and the member to separate in a shorter time. Examples of such circumstances would include refusal of the appointing authority to honor commitments concerning conditions of employment, a vote of no confidence in the member, or severe personal problems. It is the responsibility of an applicant for a position to ascertain conditions of employment. Inadequately determining terms of employment prior to arrival does not justifY premature termination. Tenet 5. Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials. Guideline Conflicting Roles. Members who serve multiple roles--working as both city attorney and city manager for the same community, for example--should avoid participating in matters that create the appearance of a conflict of interest. They should disclose the potential conflict to the governing body so that other opinions may be solicited, -.. Tenet 6. Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members. Tenet 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election ofthe members of the employing legislative body. Guidelines Elections of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless of party. To this end, they should not engage in active participation in the election campaign on behalf of or in opposition to candidates for the governing body. Elections of Elected Executives. Members should not engage in the election campaign of any candidate for mayor or elected county executive. Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office. They shall not seek political endorsements, financial contributions or engage in other campaign activities. Elections. Members share with their fellow citizens the right and responsibility to vote and to voice their opinion on public issues. However, in order not to impair their effectiveness on behalf of the local governments they serve, they shall not participate in political activities to support the candidacy of indiviquals running for any city, county, special district, school, state or federal offices. Specifically, they shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund-raising activities for individuals seeking or holding elected office. -.., 2 r Elections in the Council-Manager Plan. Members may assist in preparing and presenting materials that explain the council-manager fonn of government to the public prior to an election on the use of th!l plan. If assistance is required by another community, members may respond. All activities regarding ballot issues should be conducted within local regulations and in a professional manner. Presentation of Issues. Members may assist the governing body in presenting issues involved in referenda such as bond issues, annexations, and similar matters. Tenet 8. Make it a duty continually to improve the member's professional ability and to develop the competence of associates in the use of management techniques. Guidelines Self-Assessment. Each member should assess his or her professional skills and abilities on a periodic basis. Professional Development. Each member should commit at least 40 hours per year to professional development activities that are based on the practices identified by the members of leMA. Tenet 9, Keep the community infonned on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. . Tenet 10. Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice. r Guideline Information Sharing. The member should openly share infonnation with the governing body while diligently carrying out the member's responsibilities as set forth in the charter or enabling legislation. Tenet 11. Handle all matters of personnel on the basis of merit so that faimess and impartiality govern a member's decisions, pertaining to appointments, pay adjustments, promotions, and discipline. Guideline Equal Opportunity. Members should develop a positive program that will ensure meaningful employment opportunities for all segments of the community. All programs, practices, and operations should: (I) provide equality of opportunity in employment for all persons; (2) prohibit discrimination because of race, color, religion, sex, national origin, political affiliation, physical handicaps, age, or marital status; and (3) promote continuing programs ofaffmnative action at every level within the organization. It should be the members' personal and professional responsibility to actively recruit and hire minorities and women to serve on professional staffs throughout their organizations. Tenet 12. Seek no favor; believe that personal aggrandizement or profit secured by confidential infonnation or by misuse of public time is dishonest. Guidelines Gifts. Members should not directly or indirectly solicit any gift or accept or receive any gift-whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other fonn--under the following circumstances: (I) it could be reasonably inferred or expected that the gift was intended to influence them in the perfonnance of their official duties; or (2) the gift was intended to serve as a reward for any official action on their part. r It is important that the prohibition of unsolicited gifts be limited to circumstances related to improper influence. In de minimus situations, such as meal checks, some modest maximum dollar value should be detennined by the member as a guideline. The guideline is not intended to isolate members from nonnal social practices where gifts among friends, associates, and relatives are appropriate for certain occasions. 3 ~ Investments in Conflict with Official Duties. Member should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict with their official duties. In the case of real estate, the potential use of confidential infonnation and knowledge to further a member's personal interest requires special consideration. This guideline recognizes that members' official actions and decisions can be influenced if there is a conflict with personal investments. Purchases and sales which might be interpreted as speculation for quick profit ought to be avoided (see the guideline on "Confidential Infonnation "). Because personal investments may prejudice or may appear to influence official actions and decisions, members may, in concert with their governing body, provide for disclosure of such investments prior to accepting their position as local government administrator or prior to any official action by the governing body that may affect such investments. Personal Relationships. Member should disclose any personal relationship to the governing body in any instance where there could be the appearance of a conflict of interest. For example, if the manager's spouse works for a developer doing business with the local government, that fact should be disclosed. Confidential Information. Members should not disclose to others, or use to further their personal interest, confidential infonnation acquired by them in the course of their official duties. Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties. -..., Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment. Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve. Endorsements. Members should not endorse commercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, whether or not for compensation. Members may, however, agree to endorse the following, provided they do not receive any compensation: (I) books or other publications; (2) professional development or educational services provided by nonprofit membership organizations or recognized educational institutions; (3) products andlor services in which the local government has a direct economic interest. Members' observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part of professional articles and reports. .""""\ 4