Ordinance 2018-4179ORDINANCE NO. 2018 -4179
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
CITY CODE, ENTITLED "ADMINISTRATION," ARTICLE VII,
"STANDARDS OF CONDUCT," DIVISION 2, "OFFICERS,
EMPLOYEES, AND AGENCY MEMBERS," SECTION 2 -462,
"PROHIBITING MEMBERS OF CITY COMMISSION FROM HAVING
CERTAIN POST- SERVICE CONTRACTS WITH CITY," TO AMEND
THE PROVISIONS RELATING TO WAIVERS OF THE POST- SERVICE
RESTRICTIONS APPLICABLE TO MEMBERS OF THE CITY
COMMISSION, BY REQUIRING A DULY NOTICED PUBLIC HEARING
IN ORDER TO GRANT SUCH A WAIVER; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, City Code Section 2- 462(a) provides that, "[f]or a period of two years after
leaving [C]ity service, no member of the [C]ity [C]ommission shall be eligible to apply for or to
serve as employee, independent contractor, or agent for the [C]ity, or otherwise enter into any
contract (other than for voluntary, noncompensated services) with the [C]ity on any matter "; and
WHEREAS, the provisions of City Code Section 2- 462(a) may be waived upon a five -
sevenths vote of the City Commission, finding that "the public interest would be served by such
a waiver "; and
WHEREAS, the Mayor and City Commission now desire to amend City Code Section 2-
462 to require that, consistent with other City Code provisions governing waivers of ethics rules,
the City Commission must hold a duly noticed public hearing prior to waiving the post - service
restrictions set forth in City Code Section 2 -462.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 2 of the City Code, entitled "Administration," is hereby amended as
follows:
CHAPTER 2
ADMINISTRATION
ARTICLE VII. STANDARDS OF CONDUCT
* * *
DIVISION 2. OFFICERS, EMPLOYEES AND AGENCY MEMBERS
Sec. 2 -462. Prohibiting members of city commission from having certain post - service
contracts with city.
(a) For a period of two years after leaving city service, no member of the city commission
shall be eligible to apply for or to serve as employee, independent contractor, or
agent for the city, or otherwise enter into any contract (other than for voluntary,
noncompensated services) with the city on any matter.
(b) The provisions of this section shall apply to all individuals elected or appointed /re-
elected or re- appointed to serve on the city commission subsequent to the original
effective date of this section.
(c) The requirements of this section may be waived, for former members of the city
commission (having left city service within the two -year period set forth in subsection
(a) above), and /or sitting members of the city commission who have submitted an
irrevocable letter of resignation effective immediately upon the grant of waiver,
following a duly noticed public hearing, which shall be advertised not less than seven
(7) days prior to such hearing, and upon a five- sevenths vote of the city commission
finding that the public interest would be served by such waiver.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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 part of the
Miami Beach City Code. 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 on the aI day of Apr +' , 2018.
PASSED AND ADOPTED this`
ATTEST:
I 2.*
Raf=t E. c'anado, ity 1 erk
Apri/ , 2018.
I;
Underline denotes additions
Strikethrough denotes deletions
',ORP ORATE[
CH
(Sponsored by Commissioner Michael Gongora)
h eelber, Mayor
F:WTTO \KALN \ORDINANCES \Post service restrictions - public hearing requirement.docx
2
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorn=y Date
\v�
tvAM
BEACH
Ordinances - R5 B
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: April 11, 2018
10:05 a.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY CODE,
ENTITLED "ADMINISTRATION," ARTICLE VII, "STANDARDS OF CONDUCT,"
DIVISION 2, "OFFICERS, EMPLOYEES, AND AGENCY MEMBERS," SECTION 2-
462, "PROHIBITING MEMBERS OF CITY COMMISSION FROM HAVING CERTAIN
POST - SERVICE CONTRACTS WITH CITY," TO AMEND THE PROVISIONS
RELATING TO WAIVERS OF THE POST - SERVICE RESTRICTIONS APPLICABLE
TO MEMBERS OF THE CITY COMMISSION, BY REQUIRING A DULY NOTICED
PUBLIC HEARING IN ORDER TO GRANT SUCH A WAIVER; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ANALYSIS
Pursuant to the request of Commissioner Michael Gongora, the attached Ordinance is submitted for
consideration by the Mayor and City Commission.
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Michael Gongora & Co- sponsored by Vice -Mayor Micky Steinberg
ATTACHMENTS:
Description
Ordinance
794