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CMB Art VII Stand. of ConductARTICLE VII. STANDARDS OF CONDUCT* *State law references: Conflicts of interest and standards of conduct, F.S. § 112.311 et seq. DIVISION 1. GENERALLY Secs. 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 references: Officers and employees generally, § 2-191 et seq. Sec. 2-~.~.~. 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 not 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. (a) 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 (b) jurisdiction or control over the appointment, employment, promotion or advancement. 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. (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)) Sec. 2-450. Disclosure of interest in business entity. (a) If a public officer or employee of the city directly or indirectly (via participation in any type of business entity) has or holds any employment or contractual relationship with any other business entity which the officer or employee knows or with the exercise of reasonable care should know, is doing business with the city, and which relationship is otherwise permissible under state and county ethics law, he/she shall file a sworn statement with the city clerk disclosing, (consistent with relevant privilege exemptions) the specific nature of employment and interest in such business entity as well as commencement date of the subject employment or contractual relationship and (if applicable) term of such relationship. The city clerk shall publish logs on a quarterly basis reflecting the disclosure forms referenced herein. (b) Definitions. Business entity means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not. Contractual relationship shall exclude situations in which a person's shareholder interest in a publicly-traded company is less than five percent. (c) Penalty. A violation of this section shall subject a person to a hearing before the special master, with a fine in an amount authorized under section 30-74 of this Code. (d) Regardless of the requirements of subsection (a) hereinabove, the validity of any action or determination of the city commission or city personnel, board or committee shall not be effected by the failure of any person to comply with said disclosure provisions. (Code 1964, § 2-44(2); Ord. No. 2000-3272, § 1, 9-27-00) 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. (a) (b) (Code Disclosure of confidential information. 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 reason of his official position, nor shall he otherwise use such information for his personal gain or benefit. 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 by law. (c) No person holding the office of municipal judge of the city shall accept any professional employment, or appear as an attorney 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 in 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 attorney 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 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. (1) 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. (3) If such charges appear to constitute a violation of this division by such vote of the city commission, the written specifications 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. (2) 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. (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. (2) 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: 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. Lobbyis! 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 board 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 attorney, 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 recommendation 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) Sec. 2-460. Certain relationships by city commission members prohibited. No member of the city commission shall either directly or indirectly appear, represent, contract with or act on behalf of a party (other than a non-profit entity where the commission member is not compensated), with respect to any issue concerning that party coming before the city commission. (Ord. No. 2002-3352, § 1, 3-20-02) Editor's note: Ord. No. 2002-3352, § 1, adopted March 20, 2002, enacted provisions intended for use as § 2-461. To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as § 2-460. Secs. 2-461--2-480. Reserved. DIVISION 3. LOBBYISTS 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 cedain defined functions or areas of responsibility. Commissioners means the mayor and members of the city commission. Departmental 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 references: 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 (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) (d) (e) (O (g) (h) (i) (J) 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. 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. Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists shall be required prior to October I of every even-numbered year; and the fee for biennial registration shall be as specified in appendix A. 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. 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. 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. 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. (a) 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, attorney, officer or employee of such person. (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. (Ord. No. 92-2785, § 6, 6-17-92) Sec. 2-485. List of expenditures; fee disclosure; 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, as well as compensation received, for the preceding calendar year. A statement shall be filed even if there have been no expenditures or compensation 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) Each lobbyist and his/her principal shall, before engaging in any lobbying activities, submit to the city clerk a joint signed statement under oath disclosing the terms and amount of compensation to be paid by each principal to the lobbyist with regard to the specific issue on which the lobbyist has been engaged to lobby. If no compensation will be paid concerning the subject lobby services, a statement shall nonetheless be filed reflecting as such. (c) Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or home owner association, a local chamber of commerce or trade union), without special compensation for the appearance, whether direct or indirect, to express support of or opposition to any item, shall, in addition to not having to register as a lobbyist per subsection 2-482(h), be further exempt from this section's requirement of fee disclosure. (d) Any change to information originally filed shall require that the lobbyist (and principal under subsection (b) above) file, within three business days from such changed circumstances, signed statement under oath amending the above referenced reports; additionally, in the event official action on the specific lobbied issue is scheduled to occur during said three day period the lobbyist and principal shall prior to said official action, further disclose the amendment by publicly stating on the record at which the official action is to occur the subject amendment. The lobbyist and principal have a continuing duty to supply accurate information and amend said reports when so needed. (e) The city clerk shall notify any lobbyist (or principal) who fails to timely file the expenditure or fee disclosure reports referenced in sections (a) and (b) above. 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. (f) The city clerk shall notify the Miami-Dade County Commission on Ethics and Public Trust of the failure of a lobbyist (or principal) to file either of the reports referenced above and/or pay the assessed fines after notification. (g) A lobbyist (or principal) 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; Ord. No. 2002-3363, § 1, 5-8-02; Ord. No. 2002-3376, § 1, 7-31-02) 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 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. (Ord. No. 2000-3243, § 1, 5-10-00) Sec. 2-485.2. Prohibited lobbying activities. Any person or entity retained as a lobbyist by the city is prohibited from lobbying any city officer, departmental personnel or employee in connection with any judicial or other proceeding, application, RFP, RFO, RFLI, bid, request for ruling or other determination, contract or controversy on behalf of a third party for the length of the contract or other agreement between the lobbyist and the city. (Ord. No. 2002-3364, § 1, 5-8-02) Editor's note: Ord. No. 2002-3364, § 1, adopted May 8, 2002, enacted provisions intended for use as § 2-485A. To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as § 2-485.2. Sec. 2-485.3. Contingency fee prohibited. No person or entity may, in whole or in part, pay, give or agree to pay or give a contingency fee to a lobbyist. No lobbyist may, in whole or in part, receive or agree to receive a contingency fee. As used herein, "contingency fee" means a fee, bonus, commission, or nonmonetary benefit as compensation which is dependent on or in any way contingent on the passage, defeat, or modification of: (1) an ordinance, resolution, action or decision of the city commission; (2) any action, decision or recommendation of any city board or committee; or (3) any action, decision or recommendation of city personnel during the time period of the entire decision-making process regarding such action, decision or recommendation which foreseeably will be heard or reviewed by the city commission, or a city board or committee. (Ord. No. 2002-3365, § 1,5-8-02) Editor's note: Ord. No. 2002-3365, § 1, adopted May 8, 2002, enacted provisions intended for use as § 2-485B. To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as § 2-485.3. DIVISION 4. PROCUREMENT Sec. 2-486. (a) Cone of silence. Contracts for the provision of goods, services, and construction projects. (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"), 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 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 or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee therefore; and d. Any communication regarding a particular RFP, RFQ or bid between the mayor, city commissioners, or their respective staffs, and a member of a city evaluation and/or selection committee therefore. e. Any communication regarding a particular RFP, RFQ or bid between the mayor, city commissioners, or their respective staffs and a potential vendor, service provider, bidder, lobbyist, or consultant. (2) Procedure. a. The cone of silence shall be imposed upon each RFP, RFQ or bid after the advertisement of said RFP, RFQ 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: 1. At the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ or bid to the city commission, and said RFP, RFQ 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 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 or bid is awarded; or 2. In the event of contracts for less than $25,000.00, when the city manager executes the contract. (3) Exceptions. The cone of silence shall not apply to: a. Competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community development; and b. Communications with the city attorney and his or her staff. c. Oral communications at pre-bid conferences; d. Oral presentations before evaluation and/or selection committees; (b) e. Contract discussions during any duly noticed public meeting; f. Public presentations made to the city commissioners during any duly noticed public meeting; g. Contract negotiations with city staff following the award of an RFP, RFQ or bid by the city commission; or h. 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 or bid documents; i. 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 commission meeting. j. Communications regarding a particular RFP, RFQ, or bid between the procurement director, or his/her administrative staff responsible for administering the procurement process for such RFP, RFQ or bid and a member of the evaluation/selection committee therefore, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; k. 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 city manager makes his or her written recommendation; I. Any emergency procurement of goods or services; m. Communications regarding a particular RFP, RFQ or bid between any person, and the procurement director, or his/her administrative staff responsible for administering the procurement process for such RFP, RFQ or bid, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document. n. 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. 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 or bid award to said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant voidable; and said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not be considered for any RFP, RFQ 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. (c) The requirements of Section 2-11.1(t) of the Code of Miami-Dade County, Florida, relating to the county's cone of silence ordinance, as same may be amended from time to time shall not apply to the city. (Ord. No. 99-3164, § 1, 1-6-99; Ord. No. 2001-3295, § 1, 3-14-01; Ord. No. 2002-3377, § 1, 7-31-02; Ord. No. 2002-3378, § 1, 7-31-02) Editor's note: Ord. No. 2002-3378, § 1, adopted July 31,2002, amended § 2-486 in its entirety. Because Ord. No. 2002-3378 did not specifically repeal subsection (d), the renumbering of subsection (d) as subsection (c) is at the discretion of the editor. DIVISION 5. CAMPAIGN FINANCE REFORM Sec. 2-487. Prohibited campaign contributions by vendors. A. General. (1) (a) No vendor shall give a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. Commencing on the effective date of this ordinance, all proposed city contracts, as well as requests for proposals (RFP), requests for qualifications (RFQ), requests for letters of interest (RFLI), or bids issued by the city, shall incorporate this section so as to notify potential vendors of the proscription embodied herein. (b) No candidate or campaign committee of a candidate for the offices of mayor· or commissioner, shall deposit into such candidate's campaign account any campaign contribution directly or indirectly from a vendor. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming with the procurement division's city records (including City of Miami Beach website) to verify the vendor status of any potential donor. (2) A fine of up to $500.00 shall be imposed on every person who violates this section. Each act of giving or depositing a contribution in violation of this section shall constitute a separate violation. All contributions deposited by a candidate in violation of this section shall be forfeited to the city's general revenue fund. (3) A person or entity who directly or indirectly makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from serving as a vendor with the city. (4) As used in this section: (a) 1. A "vendor" is a person and/or entity who has been selected by the city as the successful bidder on a present or pending bid for goods, equipment or services, or has been approved by the city on a present or pending award for goods, equipment or services, prior to or upon execution of a contract, purchase order or standing order. 2. "Vendor" shall include natural persons and/or entities who hold a controlling financial interest in a vendor entity. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10 percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10 percent or more in a firm. The term "firm" shall mean a corporation, partnership, business trust or any legal entity other than a natural person. 3. For purposes of this section, "vendor" status shall terminate upon completion of the agreement for the provision of goods, equipment or services. (b) For purposes of this section, the term "services" shall mean the rendering by a vendor through competitive bidding or otherwise, of labor, professional and/or consulting services to the city. (c) The term contribution shall have the meaning ascribed to such term in Chapter 106, Florida Statutes, as amended and supplemented (copies available in city clerks office). B. Conditions for waiver of prohibition. The requirements of this section may be waived by a five-sevenths vote for a particular transaction by city commission vote after public hearing upon finding that: (1) The goods, equipment or services to be involved in the proposed transaction are unique and the city cannot avail itself of such goods, equipment or services without entering into a transaction which would violate this section but for waiver of its requirements; or (2) The business entity involved in the proposed transaction is the sole source of supply as determined by the city's procurement director in accordance with procedures established in subsection 2-367(c) of this Code; or (3) An emergency contract (as authorized by the city manager pursuant to section 2-396 of this Code) must be made in order to protect the health, safety or welfare of the citizens of the city, as determined by a five-sevenths vote of the city commission; or (4) A contract for the provision of goods, equipment or services exists which, if terminated by the city, would be adverse to the best economic interests of the city. Any grant of waiver by the city commission must be supported with a full disclosure of the subject campaign contribution. C. Applicability. This section shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered into in violation of this section. (Ord. No. 2000-3244, § 1, 5-10-00; Ord. No. 2003-3389, § 1, 1-8-03) Sec. 2-488. Prohibited campaign contributions by lobbyists on procurement issues. (1) No lobbyist on a present or pending bid for goods, equipment or services or on a present or pending award for goods, equipment or services shall solicit for or give a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. (a) Commencing on the effective date of this ordinance, all proposed city contracts, as well as requests for proposals (RFP), requests for qualifications (RFQ), requests for letters of interest (RFLI), or bids issued by the city, shall incorporate this section so as to notify lobbyists of the proscription embodied herein. (b) No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shall deposit into such candidate's campaign account any campaign contribution directly or indirectly from a lobbyist subject to the provisions of this ordinance. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming with the city clerk's records to verify the lobbyist status of any potential donor. (2) A person who directly or indirectly solicits for or makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from lobbying the city commission in connection with a present or pending bid for goods, equipment or services or on a present or pending award for goods, equipment or services. (3) A fine of up to $500.00 shall be imposed on every person who violates this section. Each act of soliciting, giving or depositing a contribution in violation of this section shall constitute a separate violation. All contributions received by a candidate in violation of this section shall be forfeited to the city's general revenue fund. (4) The term "contribution" shall have the meaning ascribed to such term in Chapter 106, Florida Statutes, as amended and supplemented. (Ord. No. 2003-3393, § 1, 2-5-03) Sec. 2-489. Prohibited campaign contributions by real estate developers. A. General (1) (a) No real estate developer shall give a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. Commencing on the February 15, 2003, all applications for development agreements and for changes in zoning map designation as well as future land use map changes shall incorporate this section so as to notify potential real estate developers of the proscription embodied herein. (b) No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shall deposit into such candidate's campaign account any campaign contribution directly or indirectly from a real estate developer. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming with the city planning department's records (including city of Miami Beach website) to verify the real estate developer status of any potential donor. (2) A fine of up to $500.00 shall be imposed on every person who violates this section. Each act of giving or depositing a contribution in violation of this section shall constitute a separate violation. All contributions deposited by a candidate in violation of this section shall be forfeited to the city's general revenue fund. (3) (a) A person or entity who directly or indirectly makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from becoming a real estate developer. (b) A real estate developer shall not make a contribution within 12 months after termination of its status as a real estate developer. (4) As used in this section: (a) 1. A "real estate developer" is a person and/or entity who has a pending application for a development agreement with the city or who is currently negotiating with the city for a development agreement, or, who has a present or pending application with the city for a change of zoning map designation or a change to the city's future land use map. 2. "Real estate developer" shall include natural persons and/or entities who hold a controlling financial interest in a real estate developer entity. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10 percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10 percent or more in a firm. The term "firm" shall mean a corporation, partnership, business trust or any legal entity other than a natural person. 3. For purposes of this section, "real estate developer" status shall terminate upon the final approval or disapproval by the city commission of the requested development agreement, and/or upon final approval or disapproval of the subject application for the land use relief, referred to in subsection (4)(a)1. above. (b) The term "development agreement" shall have the meaning ascribed to such term in Chapter 163, Florida Statutes, as amended and supplemented. For purposes of this section, the term "development agreement" shall include any amendments, extensions, modifications or clarifications thereto. (c) The term contribution shall have the meaning ascribed to such term in Chapter 106, Florida Statutes, as amended and supplemented. B. Conditions for waiver of prohibition. The requirements of this section may be waived by a five-sevenths vote for a particular real estate project and/or land use application by city commission vote after public hearing upon finding that such waiver would be in the best interest of the city. Any grant of waiver by the city commission must be supported with a full disclosure of the subject campaign contribution. C. Applicability. This section shall be applicable only to prospective real estate projects and/or applications for land use relief, and the city commission may in no case ratify a development agreement and/or application for land use relief entered into in violation of this section. (Ord. No. 2003-3394, § 1, 2-5-03) Sec. 2-490. Prohibited campaign contributions by lobbyists on real estate development issues. (1) No lobbyist on a pending application for a development agreement with the city, or application for change of zoning map designation or change to the city's future land use map shall solicit for or give a campaign contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. (a) Commencing on the effective date of this ordinance, all applications for development agreements and for changes in zoning map designation or future land use map changes, shall incorporate this section so as to notify affected lobbyists of the proscription embodied herein. (b) No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shall deposit into such candidate's campaign account any campaign contribution directly or indirectly from a lobbyist subject to the provisions of this section. Candidates (or those acting on their behalf) shall ensure compliance with this code section by confirming with the city clerk's and planning department's records to verify the lobbyist status of any potential donor. (2) A person who directly or indirectly solicits for or makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of twelve months following the swearing in of the subject elected official from lobbying the city commission in connection with a present development agreement, in connection with a development agreement that is currently being negotiated, or in connection with a present or pending application with the city for a change of zoning map designation or a change to the city's future land use map. (3) A fine of up to $500.00 shall be imposed on every person who violates this section. Each act of soliciting, giving or depositing a contribution in violation of this section shall constitute a separate violation. All contributions received by a candidate in violation of this section shall be forfeited to the city's general revenue fund. (4) The term "contribution" shall have the meaning ascribed to such term in Chapter 106, Florida Statutes, as amended and supplemented. (5) The term "development agreement" shall have the meaning ascribed to such term in Chapter 163, Florida Statutes, as amended and supplemented. (6) The term "lobbyist" as used herein shall exclude any person who only appears as a representative of a non-profit corporation or entity, without special compensation or reimbursement for the appearance, whether direct or indirect, to express his/her support of or opposition to the subject item. (Ord. No. 2003-3395, § 1, 3-5-03) Secs. 2-491--2-510. Reserved.