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2007-3561 Ordinance ORDINANCE NO. 2007-3561 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 2 THEREOF ENTITLED "OFFICERS, EMPLOYEES AND AGENCY MEMBERS," SECTION 2-459 "CERT AIN APPEARANCES PROHIBITED" BY INCLUDING "EMPLOYEE" AND "OF COUNSEL" RELATIONSHIPS WITHIN THE DEFINITION OF THE TERM "ASSOCIATE"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2, Article VII, Division 2 thereof entitled "Officers Employees and Agency Members," section 2-459 thereof entitled "Certain Appearances Prohibited," is hereby amended to read as follows: Sec. 2-459. Certain appearances prohibited. (a) No member of a city board, agency or committee or a member of any board, agency or committee created hereafter which is designated as a board, agency or committee subject to the purview ofthis section shall: (1) Either directly or through an associate, appear, represent or act on behalf of a third person before the city commission or any city agency with respect to any agency action sought by the third person. (2) Either directly or through an associate be engaged as a lobbyist for and on behalf of a third person with respect to any official action by any public officer sought by such third person. (b) Definitions. As used in this section, the following definitions shall apply: Agency means any board, commission, committee or authority of the city, whether advisory, ad hoc or standing in nature. Associate means any person or entity engaged in or carrying on a business enterprise with a city agency member as a partner, joint venturer, or co-corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange or co-owner of property. Associate shall further include a business affiliation with a City agency member where an "employee" or "of counsel" relationship exists. 1 Lobbyist means all persons, firms, or corporations employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat, or modification(s) of any of the following: (1) ordinance, resolution, action or decision of any commissioner; (2) any action, decision, or recommendation of any city board or committee; or (3) any action, decision or recommendation of the city manager, deputy city manager, assistant city managers, all department heads, all division heads, city attorney, chief deputy city attorney, deputy city attorneys, and/or all assistant city attorneys (except when such personnel are acting in connection with administrative hearings) during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the city commission or a city agency. "Lobbyist," as defined above, specifically includes the principal, as described above, as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. For purposes of this section, "lobbyist" shall exclude any person who only appears as a representative of a not for profit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item. Public officer means any person elected or appointed to hold office in the city, as a member of an agency which shall include an advisory body. (Ord. No. 97-3105, 9 1, 12-17-97) * * * 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 unconstitutional 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 re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. 2 2007-3561 SECTION 5. EFFECTIVE DATE This Ordinance shall take effect the 16th d PASSED and ADOPTED this ~ d~f / I / ,2007. , 2007. ATTEST: ---1ftwt ~ AA ~ CITY CLERK Robert Parcher Requested by Commissioner Matti Herrera Bower David Dermer APPROVED AS TO FORM & LANGUAGE & FOR EClmON 4Jp. F:\atto\OLIJ\RES-ORD\Certain appearances prohibited Sec 2-459.doc 3 OFFICE OF THE CITY ATTORNEY ~ tlV160mi 1lmM F L o R D A JOSE SMITH City Attorney Telephone: Facsimile: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM DATE: June 6, 2007 TO: MAYOR DAVID DERMER MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE pG{)N~ALEZ JOSE SMITH ' j .' ..' \ \ CITY ATTORNEY~;" AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 2 THEREOF ENTITLED "OFFICERS, EMPLOYEES AND AGENCY MEMBERS," SECTION 2-459 "CERT AIN APPEARANCES PROHIBITED" BY INCLUDING "EMPLOYEE" AND "OF COUNSEL" RELATIONSHIPS WITHIN THE DEFINITION OF THE TERM "ASSOCIATE"; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. SECOND READING PUBLIC HEARING FROM: SUBJECT: ,Pursuant to the request of Commissioner Matti Herrera Bower, the attached Ordinance has been drafted for the purpose of amending city code section 2-459 "Certain Appearances Prohibited," so as to expressly reflect that a City Commissioner or board member may not directly or indirectly lobby City personnel through an "associate" which term is being clarified to include a business affiliation with a City Commissionerlboard member in which an "employee" or "of counsel" relationship exists; this clarification is consistent with prior interpretation by the Legal Department and Miami-Dade County Ethics Commission, and further reflects the legislative intent of the City Commission to prohibit appearances of conflicts of interest. The attached Ordinance was passed on first reading on May 16, 2007, and is ready for City Commission review for second reading. F:\atto\OLIJ\CMEMO\Employee Agency Members - 6-6-07.doc 1700 Convention Center Drive -- Fourth Floor -- Miami Beach Agenda Item Date RSC ~-0 -() 7 .. ~ ] <e MfAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given thai a second reading and public hearings will be held by the Mayor cnd City Commission of the City of Miami Beach, Florida, In the Commission Chambers, 3rd floor, City Hali. 1700 Convention Center Dnve, Miami Beach, Fiorida, on Wednesday, June 6, 2007, to consider the following: 10:15 a.m. An Ordinance Amending Chapter 86 Of The Miami Beach City Code Entitled "Sales", By Amending Article iii Entitled "Non. Profit Vending And Distribution", By Deleting Section 86-144 Entitled "Rules And Requirements", And Amending Section 86-174 By Changing Tile Title From "Deadline For Submitlal Of Applicallon" To "Administrative Rules"And Providing That The City Manager Or His Designee Shall Develop And Impose Administrative Rules. inquiries may be directed to the Finance Department at (305) 673-7466. 10:16a.m, An Ordinance Amending Section 46-92, "Throwing litleI' In Public Places; Possession Of Glass Or Metal Containers On Beaches Unlawful; '1' Sweeping Or Throwing Litter In Gutters; Garbage Containers Required For Take-Out Restaurants; Civil Fines For Violation," Of Division 1, "Generally," Of Article 11/, "Litter," Of Chapter 46 Of The City Code, "Environment," By Creating Criteria For Rebuttable Presumptions Concerning , Littering With Commercial Handbills; By Providing For Seizure Of Handbills For Use As Evidence At Prosecution; By Providing For Removal Of Handbills At Violator's Expense; By Amending Definitions Sections; By Amending Provisions Providing For Fines And Penalties For Violations. . J.~qUiries may be directed to the Neighborhood Services Department at (305) 604-2489. ;r r !0:20 a,m. ~J \. An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 2 Thereof Entitled " Officers, Employees And Agency Members," '.f!! Section 2-459 "Certain Appearances Prohibited" By Including "Employee" And "Of Counsel" Reiationships Within The Definition Of The Term r= "Associate". Inquiries may be directed to the City Attorney's Office at (305) 673-7470. 10:25 a.m. . An Ordinance Amending Chapter 62 Of The City Code, Entitied "Public Property", By Amending Article VI, Entitled "Naming Of Public Facilities And Establishments Of Monuments And Memorials", By Amending Section 82-501, Entitled "Generally", To Provide That The City Owned Cultural Facility Currently Named The "Jackie Gleason Theater OIThe Performing Arts," Located At 1700 Washington Avenue, Miami Beach, Florida, Shall Be Exempt From The Provisions Of Said Article VI. _ Inquiries may be directed to the City Manager's Office at (305) 673-7010. ~ >- ic( 2: >". 'ic( Q ~ -:;) :r ..... ~ .B ;c: 01 'a:; ~ E 8 'ti ~ CI> :r 'c '";0'. :f INTERESTED PARTIES are invited to appear at this meeting, Dr be represented by an agent, or to express their vlews in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public Inspection during normal business hours In the City Clerk's Office, 1700 Convention Center Drive, 1 st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such cirpumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Sectlon 286.0105, Fla. Stat., the City hereby advises the public that ~ a person decides 10 appeal any decision made by the City Commission with respect to any matter COOSldered all1s meeting or Its hearing, such person must ensure thal a verbatim record of the Proceedings is made, which record includes the testimony and evidence upon which the appeal is to be baSed. This notice does not constitute consent by the City for the Introduction or admission of otherwise inadmissible or irrelevant evidence, nor does rt authorize challenges or appeals not otherwise allowed by law. . To request this malerialln accesslbie format. sign language interpreters, Information on access for persons with disabilities, and/or any accommoda~on to review any document or participate In any. city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-721B{TTY) five days In advance to initiate your request TTY users may also call 711 (Florida Relay Service). Ad 1/439 al ~ II I .