Ordinance 1896ORDINANCE NO. 1896
AN ORDINANCE AMENDING CHAPTER 2 OF
"THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA", BY REPEALING THE EXISTING
ARTICLE III THEREOF AND ADOPTING A
NEW ARTICLE III SETTING FORTH AND
PROMULGATING STANDARDS OF CONDUCT FOR
CITY OFFICERS AND EMPLOYEES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. That Article III of Chapter 2 of "The Code of
the City of Miami Beach, Florida", entitled
"Conflicts of Interest", be and the same is hereby repealed, and
that a new Article III, to be entitled "Standards of Conduct for
City Officers and Employees", be and the same is hereby adopted
in lieu of said repealed Article III.
SECTION 2. Declaration of Policy. It is hereby declared to be
the policy of the City Council of the City of Miami
Beach, Florida, that no officer or employee of the City, or any
of its agencies or subdivisions, and no member of the City Council,
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 which 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 herein 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 Council 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 Ordinance.
SECTION 3. Standards of Conduct for Officers and Employees
of the City of Miami Beach.
(1) 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.
(2) 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 which is
subject to the regulation of, or which has substantial business com-
mitments from the City, he shall file a sworn statement disclosing such
interest with the Clerk of the Circuit Court of Dade County. "Con-
trolling interest" means ownership, directly or indirectly, of ten per
cent or more of the outstanding capital stock in any corporation or a
direct or indirect interest of ten per cent or more in a firm, partner-
ship, or other business entity.
(3) 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.
(4) No officer or employee of the City 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.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
(5) 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.
(6) No officer or employee of the City shall
accept other employment which might impair his independence
of judgment in the performance of his public duties.
(7) 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.
SECTION 4. Additional Standards of Conduct for Officers
and Employed -sof the City.
(1) 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.
(2) No officer or employee of the City shall
have personal investments in any enterprise which will create
a substantial conflict between his private interests and the
public interest.
SECTION 5. Representative Appearances Prohibited for
One Year.
No person who has served upon any City Advisory
Board or Commission; the Zoning Board of Adjustment, the
Pension Board, or the Personnel Board, may appear, in a
representative capacity, before such Board or Commission of
which he has been a member, for a period of one (1) year
following the cessation of his membership thereon.
SECTION 6. Advisory Opinions by Attorney -General.
When any officer or employee of the City is in
doubt as to the application of this ordinance 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.
SECTION 7. Construction.
It is not the intent of this ordinance, nor shall
it be construed, to prevent any officer or employee of the City
from accenting other employment or following any pursuit which
does not interfere with the full and faithful discharge by
such officer or employee of his duties to the City.
SECTION 8. Violations.
Violation of any provision of this ordinance shall
constitute grounds for dismissal from employment, or removal
from office, or other penalty as provided by law.
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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SECTION 9. Procedures on Complaints of Violation.
VIOLATIONS OF THIS ORDINANCE:
(1) Any contract, agreement, or business engagement
entered into, in violation of this Ordinance,
shall render the transaction void where so provided in the
Charter, otherwise, same shall be voidable. Willful violations
of this Section 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 Ordinance.
CHARGES AND HEARINGS:
(2) Any classified employee of the City of Miami Beach
accused of a violation of the provisions of this
Ordinance 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 pre-
ferred against such employee, as provided for by the Personnel Rules
of the City of Miami Beach.
In the event of an alleged violation of this Ordinance by
an officer or official or appointed member of Commission or Agency
or employee other than a classified employee, then full written
specifications of the alleged violation shall be sworn to by the
person making such charges, and duly submitted to the City Council.
The City Council shall determine if there exists a prima facie
and bona fide alleged violation of this Ordinance by a majority
vote of the Council (except that if the alleged violation touches
or concerns a member of the Council) such member shall be dis-
qualified from participating in such determination, and the vote
required shall be 5/6 of the remaining members of the Council.
If such charges appear to constitute a violation of the Ordinance
by such vote of the Council, then the written specifications
constituting such alleged violation shall be served upon the
person so charged, and the Council 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
Council at such hearing, the charges are substantiated, and it
appears that this Ordinance has been violated, the Council, by
a majority vote of all its members, except where the person charged
is a member of the Council, in which case the vote required shall
be 5/6 of the remaining members of the Council, 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.
SECTION 10. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 11. This ordinance shall go into effect immediately upon
its passage and posting as required by law.
PASSED and ADOPTED this 6th day of
Attest:
ity Clerk -Finance
1st reading -
2nd reading -
3rd reading -
POSTED -
Director
July 21, 1971
July 21, 1971
October 6, 1971
October 12, 1971
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October
OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
, 1971.
STATE OF FLORIDA
COUNTY OF DADE:
I, RUTH B. ROULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 1896, entitled:
AN ORDINANCE AMENDING CHAPTER 2, OF "THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA", BY REPEALING THE EXISTING ARTICLE III
THEREOF AND ADOPTING A NEW ARTICLE I11 SETTING FORTH AND PRO-
MULGATING STANDARDS OF CONDUCT FOR CITY OFFICERS AND EMPLOYEES.
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City on the 12th day of October, 1971,
and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 8th
day of
December, 1971.
City Clerk and Finance Director
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