2014-3858 Ordinance ORDINANCE NO. 2014-3858
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER
2 ENTITLED "ADMINISTRATION", ARTICLE VII "STANDARDS OF
CONDUCT", SECTION 2-458 THEREOF ENTITLED "SUPPLEMENTAL
ABSTENTION AND DISCLOSURE REQUIREMENTS" BY PROVIDING THAT
A CITY OF MIAMI BEACH ELECTED OR APPOINTED PUBLIC OFFICER
WITH A CONFLICT OF INTEREST ON A PARTICULAR MATTER SHALL
ABSENT HIMSELF FROM THE AGENCY MEETING ON WHICH HE SERVES
DURING SAID AGENCY'S DISCUSSION OF THAT MATTER; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Chapter 2 of the Miami Beach City Code entitled
"Administration", Article VII "Standards of Conduct", Section 2-458 thereof
entitled "Supplemental Abstention and Disclosure Requirements" is hereby
amended as follows:
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:
(a) Conflicting relationships.
(1) A public officer with a conflict of interest on a particular matter is
prohibited from participating in that matter and shall further absent himself from
the Agency meeting on which he serves during its discussion of the subiect item.
"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
at the subject Agency meeting.
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(b) Other relationships requiring disclosure. In those instances involving
neither a legal conflict or declared appearance of conflict, each public officer shall
further disclose by written disclosure and public announcement the existence of
any family and/or business relationship of which the public officer is aware, with
any person or business entity who is directly benefited by the subject vote of the
agency on which the public officer serves. This written disclosure memorandum
must be filed regardless of whether the subject public officer was in attendance
or not during consideration of the subject item.
(c) [Duration of requirements.] The disclosure requirements set forth in
subsections (a)(2) and (b) above shall have continuing applicability for a period of
up to 18 months after the subject relationship has ended.
(d) Definitions. As used in this section, the following definitions shall apply:
Agency shall mean any board, commission, committee or authority
of the city, whether advisory, ad hoc or standing in nature.
Business relationship (for purposes of subsection (b) above) shall
mean the situation in which a public officer has a relationship with a person or
business entity wherein:
(1) The person/business entity is a customer of the public
officer (or of his/her employer) and transacts more than $10,000.00 of the
business of the public officer (or of his/her employer) in the 12-month period
immediately preceding the subject vote; or
(2) The public officer is a customer of the person/business
entity and transacts more than $10,000.00 of the business of the
person/business entity in the 12-month period immediately preceding the subject
vote.
(3) The $10,000.00 threshold referenced hereinabove shall
be adjusted annually to reflect increases in the Consumer Price Index.
Family shall mean the spouse, domestic partner, parents,
stepparents, in-laws, children, and stepchildren of the public officer.
Public officer includes any person presently serving who has been
elected or appointed to hold office in any agency.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid
or unconstitutional by any court of competent jurisdiction, then said holding shall
in no way affect the validity of the remaining portions of this ordinance.
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SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and
be made a part of the Code of the City of Miami Beach, Florida. The sections of
this ordinance may be renumbered or re-lettered to accomplish such intention,
and the word "ordinance" may be changed to "section," "article," or other
appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the 3/ day of INW, , 2014.
PASSED and ADOPTED this off/ day of R&N , 2014.
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RAF*-L E. GRANADO
CITY CLERK APPROVED AS TO
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(Requested by City Commissioner Joy Malakoff.)
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OFFICE OF THE CITY ATTORNEY
RAUL AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: HONORABLE MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION SECOND READING
JIMMY L. MORALES, CITY MANAGER PUBLIC HEARING
FROM: RAUL AGUILA, CITY ATTORNE�
DATE: MAY 219 2014
SUBJECT: AN ORDINANCE AMENDING MIAMI BEACH CITY CODE
SECTION 2-458 ENTITLED: "SUPPLEMENTAL ABSTENTION
AND DISCLOSURE REQUIREMENTS" BY PROVIDING THAT A
CITY OF MIAMI BEACH ELECTED OR APPOINTED PUBLIC
OFFICER WITH A CONFLICT OF INTEREST ON A PARTICULAR
MATTER SHALL ABSENT HIMSELF FROM THE AGENCY
MEETING ON WHICH HE SERVES DURING SAID AGENCY'S
DISCUSSION OF THAT MATTER.
Pursuant to the request of City Commissioner Joy Malakoff, the attached
Ordinance has been drafted for the purpose of strengthening the City of Miami Beach's
Code of Conduct with regard to abstention requirements of elected and appointed public
officers of the City, set forth in City Code section 2-458.
Although existing Code section 2-458 prohibits a City public officer with a conflict
of interest on a particular matter from participating in his Board's discussion of that
matter, the Code does not require that public officer to leave the meeting during the
Board's discussion of that matter. Inasmuch as Miami-Dade County ethics laws
(applicable to City personnel) requires only elected officials of the City to leave the
meeting in instances of a conflict of interest, the attached Ordinance thus strengthens
the City's Code of Conduct by expressly extending the applicability of this requirement
to all public officers of the City, both elected and appointed.
This amendment to the City's ethics laws serves to augment the City's intent of
transparency in government, and will once more place the City of Miami Beach at the
forefront of local ethics legislation.
The Ordinance was submitted and passed on First Reading at the April 23, 2014
City Commission meeting, and is submitted for adoption by the City Commission on
Second Reading.
Agenda Item �S
Date S�I-
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Morales, City Manager
FROM: Joy V. W. Malakoff, Commissioner
DATE: April 4, 2014
SUBJECT: ORDINANCE AMENDING MIAMI BEACH CITY CODE SECTION 2-458
ENTITLED: "Supplemental Abstention and Disclosure Requirements" BY
PROVIDING THAT A CITY OF MIAMI BEACH ELECTED OR APPOINTED
PUBLIC OFFICER WITH A CONFLICT OF INTEREST ON A PARTICULAR
MATTER SHALL ABSENT HIMSELF FROM THE AGENCY MEETING ON
WHICH HE SERVES DURING SAID AGENCY'S DISCUSSION OF THAT
MATTER.
Please place the above item on the April 9, 2014 City Commission agenda for first
reading.
JVWM
We are committed to providing excellent public service and safety to all who live, work,and play in our vibrant, tropical, historic community.
MIAMI HERALD ( MiamiHera.ld.com NE THURSDAY,MAY 8,2014 1 19NE
AAIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE 15 HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach,Florida,in the Commission Chambers,3rd floor,City Hall,1700 Convention Center Drive,
Miami Beach,Florida,an Wednesday,May 21,2014,to consider the following:
10:00 a.m.
Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach,Entitled"Administration,'By Amending Article I,Entitled'in General,"By Creating Section 2.1,To Be Entitled'Reasonable Opportunity
To Be Heard,"To Provide Rules Regarding Public Participation In City Meetings.inquiries may be directed to the City Attorney's Office 305-673-7470
105 a.m.
J� Ordinance Amending Miami Beach City Cade Chapter 2 Entitled"Administration,'Article ViI"Standards Of Conduct,"Section 2-458 Thereof Entitled"Supplemental Abstention And Disclosure Requirements'By Providing
That A City Of Miami Beach Elected Or Appointed Public Officer With A Conflict Of interest On A Particular Matter Shall Absent Himself From The Agency Meeting On Which He Serves During Said Agency's Discussion
Of That Matter.inquiries may be directed to the City Attorney's Office 305-673-7470.
10:10 a.m.
Ordnance Amending Chapter 10 Of The Miami Beach City Code,Entitled`Animals,'By Creating Section 10-17,To Be Entitled"Certain Techniques And Devices Prohibited;Enforcement;Penalties";And By Amending
Sections 10-2 And 10-3To Cross-Reference The New Provisions In Section 10-17.Inquiries maybe dkected to the City Attorneyt;Office 305-673-7470.
10:15 a.m.
Ordinance Amending Chapter 10 Of The Miami Beach City Code,Entitled"Animals,"By Creating Section 10-18,To Be Entitled`Requirements Far Sales Of Dogs And Cats;Definitions;Permitted Sources;Certificate
Of Source;,Penalties And By Amending Sections 10-2 And 10.3 To Cross-Reference The New Provisions in Section 10-18.Inquiries maybe directed to the City Attorney's Office 305-673-7470.
10:20 a.m.
Alcohol in Movie Theaters
An Ordinance Amending The City Cade,By Amending Chapter 6,"Alcoholic Beverages,"Article I,"In General,'Section 6-4,`Location And Use Restrictions,"By Permitting Alcohol Beverages To Be Sold In Motion Picture
Theaters,Establishing Criteria,Standards And Procedures For Eligible Theaters And Where Alcohol Can Be Sold And Consumed;And Amending Section 6-5;`Patron Age Restrictions;'Exempting Motion Picture Theaters
From The Code's Patron Age Restrictions.inquiries may be directed ro the City Attorney`s Office 305 673 7470.
10:25 a.m.
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Amending Chapter 70 Of The Code Of The City Of Miami Beach,Entitled"Miscellaneous Offenses,"By Amending Article It,Entitled
'Public Places"By Amending Division 2,Entitled"Bicycling,Skateboarding,Roller Skating,In-Line Skating,And Motorized Means Of Transportation,"By Amending Section 70-67 Thereof,Entitled"Prohibited Activities;
To Prohibit The Operation Of Motorized Means Of Transportation In,On Or Upon Any Portion Of A)The Beachwalk Between 15°And 234 Streets,Between 6411 And 79^Streets,And South Of 51 Street;B)The Lummus
Park Promenade(Also Known As The Lummus Park Serpentine Walkway)Between 511 And 19 Streets;C)The Sidewalks On The East Side Of Ocean Drive Between South Pointe Drive And 15"Street;0)The South Pointe
Park CUtwalk Adjacent And Parallel To Government Cut;And E)The Marina Baywalk Adjacent And Parallel To Biscayne Bay And South Of 511 Street;Providing For Repealer,Severability,Codlficalion;And An Effective Date.
Inquiries may be directed to the City Attorney's Office 305-673-7470.
10:30 a.m.
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Amending Chapter 106 Of The Miami Beach City Code,Entitled"Traffic And Vehicles,'By Amending Article II,Entitled"Metered
Parking,"By Amending Division 1.Entitled"Generally,"By Amending Section 106-55,Entitled*Parking Rates,Fees,And Penalties."By Amending Subsection(N),Entitled,'Hybrid/ILEV(inherently Low Emissions Vehicles)
Vehicles Incentive,"By Amending Vehicle Participation Criteria For The Hybridi[LEV Vehicles Incentive Program To Substitute Vehicles With An EPA(Environmental Protection Agency)Smartway Designation;And Establishing
An Annual Miami Beach Resident Permit Fee For Scooters And Motorcycles;Providing For Codification,Repealer,Severability,And An Effective Date.Inquiries may be directed to the Parking Department 305-673-7275.
10:35 a.m.
An Ordinance Amending Chapter 106 Of The Miami Beach City Code,Entitled Traffic And Vehicles'By Amending Article ill,Entitled`Metered Parking,"By Amending Division 1,Entitled"Generally,"By Amending Section 106-47,
Entitled"Freight,Commercial,And Passenger Curb Loading Zones,Hours,Deliveries';Creating Subsection(F),Permit Required;Further Amending Section 106-55;Establishing Subsection(0),Entitled',"Freight Loading.Zone
(FLZ)Permit";And Subsection(P),Entitled,Alley Loading(AL)Permit;Providing Far Codification,Repealer,Severability,And An Effective Date.inquiries maybe directed to the Parking Department 305-6731.7275
10:40 am.
AFSCME MBERP Ordinance
An Ordinance Implementing Provisions Of The 2013-2016 Collective Bargaining Agreement Between The City And The American Federation Of State.County And Municipal Employees,(AFSCME)Local 1554;Amending
The Miami Beach Employees'Retirement Plan Created By Ordnance 2006.3504;Amending Section 2.26 Of The Plan By Extending The Deterred Retirement Option Plan(DROP)Program.From Three(3)To Five(5)
Years For Eligible Members;Amending Section 5.13 To Reflect Amended Eligibility And Participation Requirements And Amended DROP Plan Features;Amending Section 4.03 By Eliminating The Purchase Of Additional
Creditable Service Effective April 23,2015;Amending Section 6.02 Of The Plan By Reinstating An Additional Two Percent Member Contribution For Members Of The AFSCME Bargaining Unit Hired Prior To September 30,
2010:And Eliminating The Additional Two Percent Member Contribution When The Plan Actuary Confirms That The Cityt Annual Required Contribution To The Retirement Plan Is 23.5%Of Payroll Or Less.lnquiries may
be directed to the Human Resources Department 305-673-7524.
NOTE See also advertisement#884,for additional public hearings occurring on May 21,2014.
Dr.Stanley Sutnick Citizen's Forum-The times for the Dr.Stanley Sutnick Citizen's Forum are 830 am.and 1:00 p.m.,or as soon as possible thereafter.Approximately thirty minutes will be allocated to each session,
with individuals being limited to no more than three minutes or for a period established by the Mayor.No appointment or advance notification is needed In order to speak to the Commission during this Forum.
INTERESTED PARTIES are invited to appear at this meeting,or be represented by an agent,or to express their views in writing addressed to the City Commission,clo the City Clerk,1700 Convention Center Drive.1 g Floor,
City Halt,Miami Beach,Florida 33139.Copies of these items are available far public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,14 Poor,City Hall,Miami Beach,
Florida 33139.This meeting,or any item herein,may be continued,and under such circumstances,additional legal notice need not be provided.
Pursuant to Section,286:0105;Fla.Stat,the City hereby advises the pubric that:if a person decides to appeal anydecision made by the City Commission with respect to any matter considered at its meeting or its hearing,
such person must ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City
for the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise alloyed by law.
To request this material in accessible format,sign language interpreters,information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored
proceeding,please contact us five days in advance at 305-673-7411(vaice)or TTY users may also call the Florida Relay Service at 711.
Rafael E.Granado,City Clerk
886 City of Miami Beach