Ordinance 2000-3272 ORDINANCE NO. 2000-3272
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
THEREOF ENTITLED"STANDARDS OF CONDUCT",AMENDING CODE
SECTION 2-450 ENTITLED "DISCLOSURE OF INTEREST IN BUSINESS"
BY ESTABLISHING SPECIFIC DISCLOSURE REQUIREMENTS THEREIN
WITH REGARD TO CITY PUBLIC OFFICERS' AND EMPLOYEES'
INTEREST IN BUSINESS ENTITIES WHICH ARE DOING BUSINESS
WITH THE CITY OF MIAMI BEACH, ESTABLISHING "DEFINITIONS",
AND "PENALTIES"; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2 entitled"Administration",Article VII thereof
entitled"Standards of Conduct", Section 2-450 entitled"Disclosure of interest in business"is hereby
amended to read as follows:
Sec. 2-450. Disclosure of interest in business entity.
CO If an a public officer or employee of the City is an officer, dircctor, agcnt or member
- ; -: - •-_ •- - - ' :, • :: : ---, - 'i . . - - 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,sttel3
interest (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. with the Clerk of the Circuit
Court of the County. "Controlling interest"means ownership, directly or indirectly, of ten percent
10% or more in a firm, partnership or other business entity The City Clerk shall publish logs on a
quarterly basis reflecting the disclosure forms referenced herein.
Definitions.
1) "Business entity" means any corporation, partnership, limited partnership,
proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether
fictitiously named or not.
2) "Contractual relationship" shall exclude situations in which a person's
shareholder interest in a publicly-traded company is less than 5%.
(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 the Miami Beach City
Code.
• (d) Regardless of the requirements of subsection (a) hereinabove, the validity of any
action or determination of the Miami Beach City Commission or City personnel,board or committee
shall not be effected by the failure of any person to comply with said disclosure provisions.
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.
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 relettered
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 7th day of October , 2000.
APPROEDPASSED and ADOPTED this 27th day of September �"� '� ``
2000. r W
FOR ON
ATTEST: 4
61/601 PaiLdA MAYOR L (C-i_Y�
CITY CLERK
(Requested by Commissioner David Dermer and Commissioner Jose Smith, and recommended for
passage by the City of Miami Beach Community Affairs Committee)
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1st reading 9/13/00
2nd reading 9/27/00 2
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN '"`°°�'�
's,�,`;,h Telephone: (305) 673-7470
City Attorney "�" Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO. 1; Q—.0 0
DATE: SEPTEMBER 27,2000
TO: MAYOR NEISEN KASDIN,
MEMBERS OF THE CITY COMMISSION
FROM: MURRAY H. DUBBIN I.
CITY ATTORNEY i 1' SECOND READING
J �
SUBJECT: LEGISLATION REQUIRING PUBLIC OFFICIALS AND EMPLOYEES TO
DISCLOSE CERTAIN BUSINESS INTERESTS
At the City Commission meeting of September 13, 2000, the attached proposed ordinance
(sponsored by City Commissioners David Dermer and Jose Smith)amending City Code Chapter 2,Article
VII,"Standards of Conduct"was passed on first reading;this legislation would require disclosure of certain
business interests held by public officials and employees. Accordingly,the attached proposal is ready for
City Commission review on second reading.
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F:\ATTO\OLIJ\RES-ORD\MEMOS\DSCLINT.2RD
Agenda Item
Date 9T7 -06
1700 Convention Center Drive-- Fourth Floor-- Miami Beach, Florida 33139
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