Resolution 2021-31650R E S OL U T IO N N O. 2 0 2 1 -3 1 6 5 0
A R E S O L U T IO N O F T H E M A Y O R A N D C IT Y C O M M IS S IO N O F
T H E C IT Y O F M IA M I B E A C H , F L O R ID A , R E A F F IR M IN G T H E
C IT Y 'S L O N G S T A N D IN G P O LI C Y R E Q U IR IN G C IT Y
E M P L O Y E E S T O S A F E G U A R D T H E C O N F ID E N T IA LI T Y O F
S E N S IT IV E IN F O R M A T IO N C O N C E R N IN G T H E C IT Y O R IT S
O P E RA T IO N S , W H IC H P O LI C Y IS IM P LI C IT IN C IT Y C O D E
S E C T IO N 2 -4 5 2 , P R O H IB IT IN G T H E D IS C L O S U R E O F
C O N F ID E N T IA L IN F O R M A T IO N B Y O F F IC E R S A N D
E M P L O Y E E S O F T H E C IT Y , A N D IN O T H E R P R O V IS IO N S O F
T H E C IT Y C O D E A N D S T A T E LA W .
W H E R E A S , the Citizen's Bill of Rights, which is enshrined in the City Charter, provides as
follows:
The public's confidence and trust in City of Miami Beach operations
and government must meet the most demanding ethical standards
and demonstrate the highest level of achievement in its adherence
to ethics laws. City of Miami Beach officials and employees are
agents of the people and hold their positions for the benefit of the
public-as public servants, they are to observe in their official acts a
high standard of conduct and to discharge faithfully the duties of
their office regardless of personal considerations and interests,
recognizing that promoting the public interest and maintaining the
respect of the people in their government must be of foremost
concern. In upholding the values of accountability and responsibility,
all city officials and employees shall abide by applicable codes of
ethical conduct, and be subject to all penalties provided for in such
regulations.
Citizens' Bill of Rights, at Section (A)18; and
WHEREAS, in the course of performing their duties, City employees may have access to
or gain knowledge of confidential or otherwise sensitive information concerning the City or its
operations (including, without limitation, matters relating to employment, security, law enforcement
investigations, audits, certain financial information, or trade secrets); and
WHEREAS, Chapter 119, Florida Statutes, entitled "Public Records," sets forth a number
of exemptions from public records requirements for information that is confidential and/or exempt
from disclosure; and
WHEREAS, the Cone of Silence Ordinance, at City Code Section 2-486, prohibits certain
communications during the procurement process, in order to protect the integrity of the process
by shielding it from undue influences prior to the City Manager's recommendation to award a
contract; and
WHEREAS, City Code Section 2-452 provides that "[n]o officer or employee of the city
shall disclose confidential information gained by reason of [the employee's] official position ... ";
and
WH EREAS, implicit in these provisions is a duty on the part of City employees to
safeguard the confidentiality of sensitive information concerning the City; and
WHEREAS, this implied duty extends to communications between individual City
Commissioners and members of the Administration regarding pending matters before the City
Commission, Commission Committees, or other City boards or committees (if such matters may
foreseeably come before the City Commission in the future); and
WHEREAS, the unauthorized release of confidential information may compromise the
public's health, safety, and/or welfare, or may negatively impact the City's bargaining position in
procurements or other business transactions; and
W HEREAS, this Resolution shall not deter employees from reporting illegal conducts that
may have been discussed; and
W HEREAS, the Mayor and City Commission now desire to reaffirm the City's longstanding
policy requiring City employees to safeguard the confidentiality of sensitive information.
NOW , THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby reaffirm the City's longstanding policy requiring City employees to safeguard
the confidentiality of sensitive information concerning the City or its operations, which policy is
implicit in City Code Section 2-452, prohibiting the disclosure of confidential information by officers
and employees of the City, and in other provisions of the City Code and State law.
PASSED an d AD OPTED this./7 day , [la»l 2o27.
ATTEST:
~
Rafael Granado
City Clerk
AUG 1 7 2023
(Sponsored by Commissioner Steven
Meiner)
Dan Gelber
Mayor
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
Resol ution s_-R 7 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of the City Commission
Rafael Paz, Acting City Attorney
March 17, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REAFFIRMING THE CITY'S
LONGSTANDING POLICY REQUIRING CITY EMPLOYEES TO
SAFEGUARD THE CONFIDENTIALITY OF SENSITIVE INFORMATION
CONCERNING THE CITY OR ITS OPERATIONS, WHICH POLICY IS
IMPLICIT IN CITY CODE SECTION 2452, PROHIBITING THE
DISCLOSURE OF CONFIDENTIAL INFORMATION BY OFFICERS AND
EMPLOYEES OF THE CITY, AND IN OTHER PROVISIONS OF THE CITY
CODE AND STATE LAW .
ANALYSIS
The attached Resolution reaffirms the City's longstanding policy requiring City employees to
safeguard the confidentiality of sensitive information concerning the City or its operations.
An implicit duty of confidentiality arises from a number of provisions in the City Code and State
law: Florida public records law (including, without limitation, Chapter 119, Florida Statutes) sets
forth a number of exemptions from public records requirements for information that is
confidential and/or exempt from disclosure. The City's Cone of Silence Ordinance, at City
Code Section 2-486, prohibits certain communications during the procurement process, in
order to protect the integrity of the process by shielding it from undue influences. More
specifically, City Code Section 2-452 prohibits the disclosure of confidential information by any
officer or employee of the City.
These provisions give rise to an implicit duty on the part of City employees to maintain and
protect the confidentiality of sensitive information. The unauthorized release of sensitive or
confidential information may compromise the public's health, safety, and/or welfare, or may
negatively impact the City's bargaining position in procurements or other business transactions.
This Resolution is intended to limit such disclosures, and encourage City staff members and
other City officers to maintain the secrecy of confidential or otherwise sensitive information.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Page 666 of 2284
N ot A pplicable
Is this a "R esid ents R ig ht
to K nowy" item , purs uant to
City Code Section 2-14?
No
Legi s lati ve Tracking
Office of the City Attorney
Sponsor
Commissioner Steven Meiner
Does this item utilize G.O.
Bond Funds?
No
ATTACHMENTS;
Description
Resolution
Page 667 of 2284