Loading...
LTC 069-2024 TOWN OF BAY HARBOR ISLANDS RESOLUTION 2364M IA M I BEACH OFFICE OF THE CITY CLERK No. 069-2024 LETTER TO COMMISSION TO: FROM: DATE: SUBJECT: Mayor Steven Meiner and Membersi?f the Cit Commission Rafael E. Granado, City Clerk 1 February 26, 2024 / TOWN OF BAY HARBOR ISLANDS RESOLUTION 2364 Attached for your information is Resolution No. 2364, adopted by the Mayor and the Town Council of the Town of Bay Harbor Islands on February 21, 2024. A RESO LUTION OF THE TOW N OF BAY HARBOR ISLANDS, FLORIDA, AUTHO RIZING PARTICIPATIO N IN LITIGATIO N SEEKING A DECLARATION THAT THE PROVISIO NS OF SECTIO N 112.144(1)(d), FLORIDA STATUTES, THAT REQUIRE MUNICIPAL ELECTED OFFICIALS TO FILE FORM 6 FINANCIAL DISCLOSURE FORMS IS UNCO NSTITUTIO NAL AND INVALID; PROVIDING FOR INCO RPO RA TIO N OF RECITALS AND AN EFFECTIVE DATE. The Town of Bay Harbor Islands Clerk has requested that a copy of this resolution be pro vided to the Miami Beach Mayor and Commissioners. If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411. REG/le Attachment F:\CLER\$ALL\LILIA\L TC's - Transmittal's\Bay Harbor\Resolution 2364 Town of Bay Harbor lslands.docx R E S O L U T IO N N O . 2 3 6 4 A R E S O L U T IO N O F T H E T O W N O F B A Y H A R B O R IS L A N D S , F L O R ID A , A U T H O R IZ IN G P A R T IC I P A T IO N IN LI T IG A T IO N S E E K IN G A D E C L A R A T IO N T H A T T H E P R O V IS IO N S O F S E C T IO N 1 1 2 .1 4 4 (1 ){d ), F L O R I D A S T A T U T E S , T H A T R E Q U I R E M U N IC I P A L E L E C T E D O F F IC IA L S T O F I L E F O R M 6 F IN A N C IA L D IS C L O S U R E F O R M S IS U N C O N S T IT U T IO N A L A N D IN V A LI D ; P R O V ID IN G F O R IN C O R P O R A T IO N O F R E C IT A L S A N D A N E F F E C T IV E D A T E . W H E R E A S , since 1976, Article II, Section 8 of the Florida Constitution has required that all elected State constitutional officers file a full and public disclosure of their financial interests, which is done through a state-adopted form ("Form 6") that requires, among other things, the disclosure of the specific amounts of an official's net worth, income and asset values; and WHEREAS, historically, municipal elected officials have been required to make a more limited financial disclosure that is done through a different state-adopted form ("Form 1") that requires, among other things, the disclosure of information related to sources of income, real property, intangible personal property liabilities and interests in specified businesses, but does not include the specific amounts of an official's net worth, income and asset values; and WHEREAS, the Mayor and all current elected members of The Town of Bay Harbor Islands (the "Town Elected Officials") were elected by the voters of the Town subject to and in reliance upon Florida law that required them to annually file Form 1 (not Form 6) financial disclosures forms; and W H E R E A S , although the State Legislature has the power in the Florida Constitution to require that additional public officers file a full and public disclosure of their financial interests, it must do so consistent with other constitutional limitations; and WHEREAS, in 1980, the voters of Florida amended the Florida Constitution by adopting Article 1, Section 23, the "Right to Privacy," which states that "[e]very natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein"; and WHEREAS, because the right of privacy is a fundamental right within Florida's constitution, the Florida Supreme Court has consistently required that any law intruding on the right is presumptively unconstitutional and must be justified by a "compelling state interest" which the law serves or protects through the "least restrictive means;" and WHEREAS, the First Amendment to the United States Constitution, and Article 1, Section 4 of the Florida Constitution, protects the freedom of speech, which includes the right to choose what to say and what not to say, any impairment of which must be justified by a "compelling state interest" which the law serves or protects through the "least restrictive means;" and WHEREAS, during the 2023 legislative session, Senate Bill 774 was passed and codified at Law of Florida 2023-09, amending Fla. Stat. § 112.3144, to change the financial disclosure requirements and now require that all elected municipal mayors and elected members of the governing board file a Form 6 financial disclosure, which is substantially more burdensome and personally intrusive than the Form 1; and\ W H E R E A S , the imposition of the Form 6 disclosure requirements at the municipal level (a) represents an unwarranted intrusion into the privacy rights of municipal elected officials, most of which receive little or no compensation for their service, (b) unnecessarily risks the safety of such officials (making them targets of, among other things, burglary, identity theft and extortion), and (c) will deter many otherwise qualified and interested citizens from running for office; and WHEREAS, in fact, over 100 municipal elected officials resigned from office prior to December 31, 2023, as a result of the new disclosure requirements, disrupting the ability of some local governments to operate for lack of a quorum; and WHEREAS, the imposition of the intrusive Form 6 disclosure requirements at the municipal level is not the least restrictive means of serving the governmental interests of preventing abuse of the public trust, as demonstrated by, among other things, the lack of such requirements at the municipal level in other states and at the federal level (even the President of the United States and members of the U.S. Congress are not required to make such extensive disclosures); and WHEREAS, requiring that unpaid (or low paid) municipal elected officials disclose their precise net worth, income and assets does not serve (let alone constitute the least restrictive means of serving) any compelling interest - Form 1 disclosures constitutes sufficient transparency to inform the public of potential conflicts; and W H E R E A S , the imposition of new financial disclosure requirements upon municipal elected officials who were elected without such requirements violates due process, is fundamentally unfair and violates fundamental constitutional rights; and WHEREAS, a group of municipalities and municipal elected officials filed two lawsuits, one in State Court and one in Federal Court, on February 15, 2024, seeking a declaration that the provisions of Section 112.3144(1)(d), Florida Statutes, that require municipal elected officials to file Form 6 financial disclosure forms are unconstitutional and invalid and should be enjoined (the "Lawsuits"); and WHEREAS, the Town of Bay Harbor Islands believes it is in the best interest of the citizens and residents of the Town to participate in the Lawsuits and urges other municipalities and their elected officials to also participate as plaintiffs. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF BAY HARBOR ISLANDS, FLORIDA AS FOLLOWS: Section 1: That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2: The Town of Bay Harbor Islands hereby authorizes the participation of the Town, and any individual Member of the Town Council, who chooses to participate as plaintiffs, in the Lawsuit. S e c tio n 3 : Weiss Serota Helfman Cole + Bierman, PL (the "Firm") is hereby retained to represent the Town in the Lawsuits. The Firm will charge the Town a flat fee, inclusive of attorneys' fees and costs, of $10,000 to represent the Town and the individual elected officials who chooses to participate as plaintiffs for the Lawsuits in the trial court. The Town and elected officials recognize that such flat fee may be less than the actual attorneys' fees and costs incurred, and that if the Town and elected officials prevail in the Lawsuits, the Firm may apply with the Court for its actual reasonable attorneys' and costs from the defendants. The filing of any appeals will be authorized by separate resolution under the terms thereof. The Town and its elected officials also acknowledges that the Firm will be representing other local governments and officials in this lawsuit and waives any conflicts related to such representation. The Town further acknowledges that, from time to time, the Firm may be called upon by client to represent them as to requests for various approvals and as to other matters with respect to or involving the Town. The Town hereby waives any potential conflict of interest in the Firm's representation of those clients arising from its representation of the Town in the Lawsuit. Section 4: The Town of Bay Harbor Islands invites and urges other local governments and elected officials to join the Town as plaintiffs in the Lawsuit and to coordinate their efforts with the Town. Section 5: The Town Clerk is directed to distribute this Resolution to all local governments in Miami-Dade County. S e c t io n 6 : That the appropriate Town Officials are hereby authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 7: That this Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 21 d ay of February, 2024.