97-3105 ORD
ORDINANCE NO.
97-3105
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 III THEREOF
ENTITLED "STANDARDS OF CONDUCT FOR CITY
OFFICERS AND EMPLOYEES", BY CREATING SECTION
2-47.4 ENTITLED "SUPPLEMENTAL ABSTENTION AND
DISCLOSURE REQUIREMENTS", AND 2-47.5 ENTITLED
"CERTAIN APPEARANCES PROHIBITED"; PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach , Florida are
concerned with actual and/or appearance related conflicts of interest of public offIcials which
interfere in ensuring the City Commission's goal of good government; and
WHEREAS, conflict of interest laws presently exist within the Florida Statutes, Dade
County Code, as well as Miami Beach City Code; and
WHEREAS, neither the State or County laws prohibit the governing body of a municipality
from imposing upon its officers and employees additional or more stringent standards of conduct
and disclosure requirements than those specifIed in said laws, provided that those standards of
conduct and disclosure requirements do not otherwise conflict with the provisions of said legislation;
and
WHEREAS, the following legislation is thus hereby enacted for the purposes of
supplementing existing conflict of interest regulations where not otherwise in conflict with State and
County laws, so as to permeate and insure the public process and the concomitant process of
governmg.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
AMENDMENT OF CHAPTER 2, ARTICLE III, ENTITLED
"STANDARDS OF CONDUCT FOR CITY OFFICERS AND
EMPLOYEES"
That Miami Beach City Code Chapter 2, Article III thereof, entitled "Standards of Conduct
for City Officers and Employees" is hereby amended by the creation of the following Section 2-47.4
entitled "Supplemental Abstention and Disclosure Requirements", and Section 2-47.5 entitled
"Certain Appearances Prohibited", said sections to read as follows:
Article III. Standards of Conduct for City Officers~ attd Employees and Al:ency
Members
* * *
Sec. 2-47.4 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 followinfi requirements shall also apply to City of Miami
Beach Public OffIcers:
ill A Public OffIcer with a conflict of interest on a particular matter is prohibited
from participatinfi 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.
ill 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 subiect conflict. and all material
facts relevant to the conflict issue. The written memorandum disclosinfi
conflict of interest shall be stated into the record before any discussion begins
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on the subject a~enda item: this written disclosure memorandum must be
fIled re~ardless of whether the OffIcer possessin~ the conflict was In
attendance or not durin~ consideration of the subject item.
ill "Public OffIcer" includes any person elected or appointed to hold offIce in
any a~ency.
ill "A~ency" shall mean any board. commission. committee or authority of the
City of Miami Beach whether advisory. ad hoc or standin~ in nature.
Sec.2-47.5. Certain Appearances Prohibited
ill No Member of a City of Miami Beach board. a~ency or committee or a
member of any board. agency or committee created hereafter which is
desi~nated as a board. agency or committee subject to the purview of this
Ordinance shall:
a. either directly or throu~h an associate. appear. represent or act on
behalf of a third person before the City Commission or any City
A~ency with respect to any Agency action sou~ht by the third
person.
b. either directly or through an associate be en~a~ed as a lobbyist for
and on behalf of a third person with respect to any offIcial action by
any public offIcer sought by said third person.
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ill DefInitions.
As used in this Section. the following defInitions shall apply:
a. "Agency" means any board. commission. committee or authority of
the City of Miami Beach whether advisory. ad hoc or standing in
nature.
b. "Associate" means any person or entity engaged in or carrying on a
business ente1l'rise with a City of Miami Beach Agency member as
a partner. ioint venturer. or co-co1l'orate shareholder where the
shares of such c01l'oration are not listed on any national or regional
stock exchange or co-owner of property.
c. "Lobbyist" means all persons. fIrms. or c01l'orations employed or
retained. whether paid or not. * by a principal who seeks to encourage
the passage. defeat. or modifIcation(s) of any (1) ordinance.
resolution. action or decision of any Commissioner: (2) any action.
decision. 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. the City Attorney. Chief Deputy City Attorney. Deputy City
Attorneys. and/or all Assistant City Attorneys (except when said
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".
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as defIned above. specifIcally includes the principal. as described
above. as well as any a~ent. attorney. offIcer or employee of a
principal. re~ardless of whether such lobbyin~ activities fall within
the normal scope of employment of such agent. attorney. offIcer or
employee. * For pU1:poses of this Ordinance. "Lobbyist" shall
exclude any person who only appears as a representative of a not for
profIt corporation or entity (such as a charitable or~anization. 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 contin~ent. to express support of or opposition to any item.
d. "Public OffIcer" means any person elected or appointed to hold office
in the City of Miami Beach. as a member of an A~ency which shall
include an advisory body.
SECTION 2.
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
ofthe City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or
other appropriate word.
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SECTION 3.
SEVERABILITY
If any section, si.;ntence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4.
REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect the 27th day of December , 1997.
PASSED and ADOPTED this 17th day of December, 1997.
ATTEST:
~1
~;r r~~
CITY CLERK
MAYOR
(Requested by Commissioner David Dermer)
1st reading 12/3/97
2nd reading 12/17/97
JKO:sctjean"4"\ethicoml.ord
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Ag.,~'
~
1st Reading 12/3/97
2nd Reading
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I
OFFICE OF THE CITY ATTORNEY
~ o/JIGomi 1J~
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MVRRA Y H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM No.l2'<.J-; 91
DATE: DECEMBER 17, 1997
TO: MAYOR NEISEN KASDIN,
MEMBERS OF THE CITY COMMISSION
(
FROM: MURRAYH.DUBBlI"I.1 ~
CITY ATTORNEY IW\
SUBJECT: ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE
III ENTITLED "STANDARDS OF CONDUCT FOR CITY OFFICERS AND
EMPLOYEES" BY CREATING SECTION 2-47.4 ENTITLED "SUPPLEMENTAL
ABSTENTION AND DISCLOSURE REQUIREMENTS", AND SECTION 2-47.5
ENTITLED "CERTAIN APPEARANCES PROHIBITED".
At the request of Commissioner David Dermer, the attached Ordinance, which passed fIrst reading
on December 3, 1997, has been drafted amending the City's Conflict oflnterest regulations as presently
embodied within Chapter 2, Article III of the Miami Beach City Code. The proposed amendments create
two new sections within the City's Ethic Code, said sections supplementing state and county conflict of
interest regulations by establishing more stringent standards of conduct and abstention/disclosure
requirements than those currently specified in said laws. The attached Ordinance is thus ready to be heard
by the City Commission for second and fInal reading.
JKO:set:jean" 4 "\ethiesZ. em
Agenda Itemf-S6
Date l2-l,-=9,
1700 Convention Center Drive - Fourth Floor - Miami Beach, Florida 33139