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LTC 083-2004 Proposed Miami-Dade County Ordinance thay may affect the City Commission CITY OF MIAMI BEACH Office of the City Manager Letter to Commission No. 083-2004 ~ Subject: Mayor David Dermer and Date: April 12, 2004 Members of the City Commission Jorge M. Gonzalez ~,f./. ~ City Manager () 0 A PROPOSED MIAMI-DADE COUNTY ORDINANCE THAT MAY AFFECT MEMBERS OF THE CITY COMMISSION To: From: I am forwarding a copy of a Miami-Dade County Ordinance Relating to Conflict of Interest and Code of Ethics Ordinance which was heard for first reading on March 18, 2004 and may be of interest to you. ~'-" JMG M\sam F:\cm L\BOB\conflictinterestordltc.doc Attachments c: Robert C. Middaugh, Assistant City Manager . ,,"t. liilllil . l!I ~jlf1 STEPHEN P. CLARK CENTER MIAMI-DADE COUNTY, FLORIDA ..11 March 25, 2004 OFFICE OF COUNTY MANAGER SUITE 2910 111 NW. 1 sl STREET MIAMI, FLORIDA 33128-1994 (305) 375-5311 City of Miami Beach )JD6 -- Mr. Jorge M. Gonzalez City Manager, City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Dear Mr. Gonzalez: On March 18, 2004, the Miami-Dade County Board of County Commissioners heard the first reading ordinance entitled: ORDINANCE RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; AMENDING SECTION 2-11.1(e) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE THAT COMMISSIONERS MAY SOLICIT GIFTS ON BEHALF OF NONPROFIT ORGANIZATIONS; PROVIDING FOR DISCLOSURE OF GIFTS HAVING A VALUE IN EXCESS OF $100.00; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE This ordinance may have a direct fiscal impact on your municipality. A public hearing to consider this ordinance is scheduled for the Government Operations and Environment Committee meeting on Tuesday, May 18,2004 at 9:30am in the County Commission Chambers located in the Stephen P. Clark Building, III NW 151 Street, 2nd Floor. Enclosed please find a copy of the proposed ordinance for your review. Oi;~. ~~ .~ County Manager Cc: Miami-Dade County Board of County Commissioners Honorable Harvey Ruvin, Clerk of the Circuit and County Courts Robert Ginsburg, County Attorney Assistant County Managers Enclosure r- MEMORANDUM Agenda Item No. l3(W) TO: Honorable Chairpcrson Barbam Carey-Shuler, Ed. D. DATE: and Members, Board of County Commissioners March 16, 2004 FROM: Robert A. Ginsburg County Attomey SUBJECT: Ordinance Relating to Conflict ofInterest and Code of Ethics The accompanying ordinance was prepared and placed on the agenda at the request of Commissioner Jose "Pepe" Diaz. ..-- ~dA Robert A. Ginsburg County Attorney / RAG/bw ..-- I MEMORANDUM (Re\'ised) - TO: Hon. Chairperson Barbara Carey-Shuler. Ed.D. DA TE: and Members, Board of County Commissioners March 16, 2004 /#d~ FROM: Robert A. Ginsburg County Attorney SUBJECT: Agenda Item !'\o. 13 (W) Please note any items checked. "4-Day Rule" ("3-Day Rule" for committees) applicable if raised ./ .>' 6 weeks required between first reading and public hearing ;/ 4 weeks notification to municipal officials required prior to public hearing -.., Decreas~s revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Bid waiver requiring County Manager's written recommendation Ordinance creating a new board requires detailed County Manager's report for public hearing Housekeeping item (no policy decision required) No committee review .---. ,'-' -- Approved Veto Override Mavor Agenda Item No. 13 (W) 3-16-04 ORDINANCE NO. ORDINANCE RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; AMENDING SECTION 2-11.l(e) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROVIDE THAT COMMISSIONERS MAY SOLICIT GIFTS ON BEHALF OF NONPROFIT ORGANIZATIONS; PROVIDING FOR DISCLOSURE OF GIFTS HAVING A VALUE IN EXCESS OF $100.00; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTNE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA: --- Section I. Section 2-11.1 of the Code of Miami-Dade County, Florida, is hereby amended as follows:' Section. 2-11.1. Conflict of Interest and Code of Ethics Ordinance. ... ... ... (e) Gifts. ... ... ... (2) Exceptions. The provisions of subsection (e)(I) shall not apply to: a. Political contributions authorized by State law; specifically Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now -- in effect and remain unchanged. J:IORDlJOn -, J,.IORDIJQJJ Agenda Item No. 13 ( w ) Page 2 -- b. Gifts from relatives or members of one's household; c. Awards for professional or CIVIC achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature; e. Gifts solicited by County employees or departmental personnel on behalf of the County in the performance of thcir official duties for use solely by the County in conducting its official business; f. Gifts solicited by Commissioners on behalf of the County in the performance of their official duties for use solely by the County in conducting its official business. >>&. Gifts solicited bv Commissioners on behalf of anv nonprofit organization for use solely by that organization where neither the Commissioncr nor his or her staff receives any compensation as a result of the solicitation. As used in this subsection. a ''nonorofit organization" shall mean any entity described in section 501(c)(3) of the Internal Revenue Code (the "Code") that is tax exempt under section 501(a) of the Code. As used in this subsection. "compensation" means any monev. gift. favor. political contribution. thing of value or other financial bencfit.<< -- * * * (4) Disclosure. Any person included in the term defined in subsection (b)(I) through (6) shall disclose as provided herein any gift, or series of gifts from any one person or entity, having a value in excess of [[twElaty Ii'/e aellars ($25.00))] >>one hundred dollars ($100.00)<<. Said disclosure shall be made by filing a copy of the disclosure form required by -- (I . ,. Agenda Item No. 13 ( W) Page 3 .--- Chapter 112, Florida Statutes, for "local officers" with the Clerk of the Board of County Commissioners simultaneously with the filing of the form with the Secretary of State. ... ... ... Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections ofthis 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 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. PASSED AND ADOPTED: Approved by County Attorney as to form and legal sufficiency: 1!.A6 Glr5 Prepared by: Gerald K. Sanchez Sponsored by Commissioner Jose "Pepe" Diaz .--- J:\ORDllOJJ ../. 5