LTC 088-2017 Relevant Post-Service Ethics Lawstv\AM1 BEACH
OFFICE OF THE CITY ATTORNEY
LTC No. 088-2017
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine
Members of the City Commission
Jimmy Morales, City Manager
Raul J. Aguila, City Attorne
February 17, 2017
Relevant Post -Service Ethics Laws
LETTER TO COMMISSION
In Tight of this year's General Election and the recent announcements by several
members of the City Commission of their intention not to seek reelection, this
Memorandum has been prepared to provide brief outline of relevant laws applicable to
post -service activities of former City elected officials. If you have any questions, please
feel free to contact me.
1. Prohibited post -service contracts with City.
Pursuant to City of Miami Beach Code Section 2-462, former members of the
City Commission may not, for a period of two years after leaving City service, be
eligible to apply for or to serve as employee, independent contractor, or agent for
the City, or otherwise enter into any contract (other than for voluntary, non -
compensated services) with the City on any matter. (Note: this proscription may
be waived by 5/7 vote of City Commission.)
Required disclosure) of certain business relationships.
Pursuant to City of Miami Beach Code Section 2-450(a)(2): "If a member of the
City Commission establishes a business relationship [see Code section for
definition] with any person or business entity within 12 months after a City
Commission vote, which vote the City Commission member knows directly
benefits that person or business entity, the subject member of the City
Commission shall disclose any such business relationship in writing to the City
Clerk within 15 days after the business relationship is established". (Note: the
1 Disclosure forms referenced herein are available on the links below.
Form 1F 2017 — Final Statement of Financial Interest for those whole leave public
positions in 2017
http://ethics.state.fl.us/Documents/Forms/Form%201 F 2017i.pdf?cp=2017217
Form 9 — Quarterly Gift Disclosure
http://ethics. state.fl. us/Documents/Forms/Form%209. PDF?cp=2017217
We ore committed to providing excellent public service and safely to all who live, work, and play in our vibrant, tropicol, historic community.
Letter to Commission — Relevant Post -Service Ethics Laws
February 17, 2017
Page 2
subject "12 month" period referenced above could conceivably occur after an
elected official's tenure with the City has ended, thus requiring disclosure of the
particular business relationship.)
3. Lobbying restrictions.
Both State Statute Section 112.313(14) and Miami -Dade County Code Section 2-
11.1(q) regulate post -service lobbying activity of municipal elected officials --
pursuant to these Laws, former elected Officials of the City are prohibited for a
period of two years from leaving City Office from lobbying any City personnel
(i.e., officers and employees), subject to one limited exception: former elected
officials may, during this two-year period, lobby City personnel other than the City
Commission, City Manager and their immediate support staff if the former elected
officials are employed by and lobbying on behalf of a governmental entity, a
501(c)(3) entity, or non-profit entities or educational institutions/entities.
4. Financial and Gift Disclosure.
Pursuant to State and County laws, former elected officials of the City must file
financial and gift disclosure forms:
• Florida Statute 112.3145 requires that such officials file their
statements of financial interests "...within 60 days after leaving his or
her public position for the period between January 1 of the year in
which the person leaves and the last day of office or employment,
unless within the 60 -day period the person takes another public
position requiring financial disclosure under this section or s. 8, Art. 11
of the State Constitution or otherwise is required to file full and public
disclosure or a statement of financial interests for the final disclosure
period."
• Florida Statute 112.3148(8)(a) provides that a gift disclosure report of a
City Commissioner must be filed by no later than the calendar quarter
immediately following the calendar quarter in which a gift was received
(i.e., gifts received by you during your tenure may require your filing of
gift disclosure after you've left office).
RJA/mmm
F:WTTOWGUR\CITY ATTORNEY\LTC\2017\02-17-17 Relevant Post -Service Ethics Laws.docx
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.