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Ordinance 97-3105ORDINANCE 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 governing. 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, and Employees and Agency 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 following requirements shall also apply to City of Miami Beach Public Officers: 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 2 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. fal "Public Officer" includes any person elected or appointed to hold office in any agency. ill "Agency" shall mean any board, commission, committee or authority of the City of Miami Beach whether advisory, ad hoc or standing in nature. Sec.2-47.5. Certain Appearances Prohibited W No Member of a City of Miami Beach 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 Ordinance shall: a. 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. I 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 said third person. 3 12) Definitions. As used in this Section. the following definitions shall apply: 1. "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 enterprise with a City of Miami Beach 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 (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", 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 Ordinance. "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. d. "Public Officer" means any person elected or appointed to hold office in the City of Miami Beach, as a member of an Agency 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 of the 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. 5 SECTION 3. SEVERABILITY If any section, s:;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: 12,<L„,es CITY CLERK (Requested by Commissioner David Dermer) 1st reading 12/3/97 2nd reading 12/17/97 JKO:sct:jean"4"\ethicom 1.ord APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 427 1st Reading 12/3/97 2nd Reading 6 MAYOR • MURRAY H. DUBBIN City Attorney OFFICE OF THE CITY ATTORNEY F L 0 R 1 D A Telephone: (305) 673-7470 Telecopy: (305) 673-7002 COMMISSION MEMORANDUM NO. 1 2‘9---9 DATE: DECEMBER 17, 1997 TO: MAYOR NEISEN KASDIN, MEMBERS OF THE CITY COMMISSION FROM: MURRAY H. DUBBIN, 1 CITY ATTORNEY 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 of Interest 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:sct:jean"4"\ethics2.cm Agenda Item e.5 r3 Date [ 1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139 0 z zw c7 z� s z ON 2 0 Amending M.B. City Code Chapter