2003-3389 OrdinanceORDINANCE NO. 2003-3389
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, ARTICLE VII BY CREATING DIVISION 5 THEREOF
ENTITLED "CAMPAIGN FINANCE REFORM", AND FURTHER
AMENDING CITY CODE SECTION 38-6 ENTITLED "PROHIBITED
CAMPAIGN CONTRIBUTIONS BY VENDORS" AND CITY CODE
CHAPTER 2 BY TRANSFERRING SAID SECTION FROM CHAPTER 38 OF
THE CODE TO CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5,
RENUMBERING CODE SECTION 38-6 TO CODE SECTION 2-487;
AMENDING SAME BY MANDATING THAT THE CITY PUBLISH
NOTICE REQUIREMENTS OF THIS ORDINANCE, ESTABLISHING
RESPONSIBILITY OF CANDIDATES FOR ELECTED OFFICE TO
DETERMINE STATUS OF POTENTIAL DONOR AS VENDOR,
CLARIFYING AND CREATING DEFINITIONS, CREATING ADDITIONAL
WAIVER PROVISION WHEN TERMINATION OF EXISTING CONTRACT
WOULD BE ECONOMICALLY ADVERSE TO CITY'S BEST INTERESTS;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
CITY
SECTION 1. That Miami Beach City Code Chapter 2, Article VII, is hereby amended by the
creation of Division 5 thereof entitled "Campaign Finance Refomf' and is further amended by
transferring Section 38-6 entitled "Prohibited Campaign contributions by Vendors" from City Code
Chapter 38 to City Code Chapter 2, Article VII, Division 5 and renumbering said Section 38-6 to
Section 2-487, to read as follows:
DIVISION 5. CAMPAIGN FINANCE REFORM
Sec. 0%° 6 2-487. Prohibited Campaign Contributions by Vendors
General.
(1)
......... 1`~ :~ a vendor ~ shall give a campaign contribution
(a) No ~, .............
directly-or .....~ ................... r ......................... j, v .....~... ~ .......
n~,: ...... ;~ .... ,1` ..... 1` ..... ,1` ........ indirectly to a candidate, or to the
campaign committee of a candidate, for the offices of mayor or commissioner.
Commencing on the effective date of this ordinance, all proposed city contracts, as
well as requests for proposals (RFP), requests for qualifications (RFO). requests for
(2)
(3)
(4)
letters of interest (RFLI), or bids issued by the City, shall incorporate this Ordinance
so as to notify potential vendors of the proscription embodied herein.
(b) No candidate; or campaign committee of a candidate for the offices of mayor
or commissioner, shall ~ deposit into such candidate's campaign
account any campaign contribution directly or indirectly from a v ..............
finemcial intere:t in bu:iness entities. Candidates (or those acting on their behalf}
shall ensure compliance with this code section by confimfing with the Procurement
Division's City records (including City of Miami Beach website) to verify the vendor
status of any potential donor.
A fine of up to $500.00 shall be imposed on every person who violates this
~:~:+~+;^- giving or ~ depositing a
_.^~.a.;+;~ section. Each act of ............. ,
contribution in violation of this para~'ap~ section shall constitute a separate
violation. All contributions ~ deposited by a candidate in violation of this
para~'ap~ section shall be forfeited to the city's general revenue fund.
A person or en o direc or *~'.~.*' a -- ............. v ................ . .
m~es a conffibution to a c~didate who is elected to ~e office of mayor or
commissioner shall be disqualified for a period of 12 monks follo~g the swe~g
in of the subject elected official ~om ~ s~ng as a vendor wi~
the c;~'.~,~ ~; .... ~;~;*; .... ~ ..... +;~ ~ ~"~; ....... ;+~ +~ ~;" ..... ~ ..... ;"~ ~" ;-
As used in this section:
(a)
1. A "vendor" is a person and/or en who ............................ a,
City as the success~l bidd~ on a present or pending bid for goods,
equipment or se~ces, or h~ been approved by the CiW on a present or
pending awed for goods, equipment or s~ices, pdor to or upon execution
of a contract, p~chase ord~ or st~ding order.
2. "Vendor" shall include natural persons and/or entities who hold a
controlling financial interest in a vendor entity. The tem~ "controlling
financial interest" shall mean the ownership, directly or indirectly, of 10% or
more of the outstanding capital stock in any corporation or a direct or indirect
interest of 10% or more in a finn. The term "finn" shall mean a corporation,
parmership, business trust or any legal entity other than a natural person.
3. For purposes of this ordinance, "vendor" status shall terminate upon
completion of the agreement for the provision of goods, equipment or
services.
(b)
For purposes of this section, the term "services" shall mean the rendering by
a vendor through competitive bidding or otherwise, of labor, professional
and/or consulting services to the City of Miami Beach.
A "¢cn~buti.~n" ia:
The term contribution shall have the meaning ascribed to such term in
Chapter 106, Florida Statutes, as amended and supplemented (copies
available in City Clerks office).
Conditions for waiver of prohibition. The requirements of this section may be waived by a
5/Tth vote for a particular transaction by city commission vote after public hearing upon
finding that:
(1)
/~)~/
The property goods, equipment or services to be involved in the proposed transaction
are unique and the city cannot avail itself of such pre. pc..~' goods, equipment or
services without entering into a transaction which would violate this section but for
waiver of its requirements; or
The business entity involved in the proposed transaction is the sole source of supply
~ as determined by the Cit3/s Procurement Director in accordance with
procedures established in section 2-367(c) of the Miami Beach City Code; or
An emergency contract (as authorized by the City Manager pursuant to section 2-396
of the Miami Beach City Code) must be made in order to protect the health, safety or
welfare of the citizens of the city, as determined by a five-sevenths vote of the city
commission:; or
(4)
A contract for the provision of goods, equipment or services exists which, if
terminated by the City, would be adverse to the best economic interests of the City.
Any grant of waiver by the city commission must be supported with a full disclosure of the subject
campaign contribution.
Applicability. This section shall be applicable only to prospective transactions, and the city
commission may in no case ratify a transaction entered into in violation of this section.
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
tmconstitutional 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
PASSED and ADOPTED this
ATTEST:
-~ day of
8th day of Jan
January ,2003.
a~r /, [,, ,~03.
(Requested by Commissioner Jose Smith, and approved by Community Affairs Committee)
(Passed on 1st Reading on December 11, 2002)
JKOkkw
F 5aRo\OLIJ'xRES -ORDk38-6.N2a.doc
Ord±~ance~N~,2003b$38~
MURRAY H. DUBBIN
City Attorney
OFFICE OF THE CITY ATTORNEY
Telephone:
Telecopy:
005) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
TO:
FROM:
SUBJECT:
Mayor David Dermer DATE: January 8, 2003
Members of the City Commission
Murray H. Dubbin ~
City Attorney /~
Proposed Legislation amending City Code Chapter 2, Article VII by creating
Division 5 thereof entitled "Campaign Finance Reform" to include:
--City Code Section 2-487 "Prohibited Campaign Contributions by
Vendors";
--City Code Section 2-488 "Prohibited Campaign Contributions by
Lobbyists on Procurement Issues";
--City Code Section 2-489 "Prohibited Campaign Contributions by Real
Estate Developers"; and
--City Code Section 2-490 "Prohibited Campaign Contributions by
Lobbyists on Real Estate Development Issues".
Addressing concerns expressed by the City Commission with regards to the issue of existing
campaign finance laws, the attached legislation is proposed as an amendment to City Code
Chapter 2, Article VII, via the creation of the Division 5 thereof to be entitled" Campaign
Finance Reform". As reflected in previous deliberations, the City Commission found and has
detemfined that legislation is necessary for the preservation of the integrity of representative
democracy in the City of Miami Beach in order to prevent the appearance of undue influence and
access to candidates and elected officials by contributors, and to prevent certain candidates from
gaining an unfair advantage in a political marketplace, as well as to address the potential for
abuse associated with certain campaign contributions which unfairly influence elections and
create the perception that public officials may be influenced by special interests. By enacting the
attached proposed legislation, the City Commission is pursuing its goal of reinstilling public faith
and trust in the government, ensuring that competition among candidates in the political arena is
truly a competition of political ideas, representing a level playing field for qualified individuals.
Agenda Item /~"A
1700 Convention Center Drive - Fourth Floor-- Miami Beacl Date /- Y-oS
This newly-created Division 5 of City Code Chapter 2, Article VII will thus encompass the
City's laws on "Campaign Finance Reform". The attached proposals offer the following:
City Code Section 2-487 entitled "Prohibited Campaign Contributions by
Vendors", which incorporates (and renumbers) existing City Code Section 38-6,
and further amends this Section's provision by requiring publication of this
ordinance, establishing responsibility of candidate's to deteimine stares of donor
as vendor, and clarifying and creating definitions and additional waiver
provisions;
City Code Section 2-488 entitled "Prohibited Campaign Contributions by Lobbyist
on Procurement Issues";
City Code Section 2-489 entitled" Prohibited Campaign Contributions by Real
Estate Developers"; and Code Section 2-490 entitled "Prohibited Campaign
Contributions by Lobbyists on Real Estate Development Issues", which address
the issue of prohibitions by campaign contributions by Real Estate Developers (as
specifically defined within the Ordinance) and their lobbyists.
These measures have been discussed at prior meetings of the Community Affairs Committee
and have been approved by said Committee for City Commission consideration.
F 5atto\OLIJ~RES-ORDhMEMOS\Chapter2Art. VII.CornmMemo.doc
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTtON CENTER DRIVE - MIAMI BEACH, FLORIDA 33139