2009-3657 OrdinanceORDINANCE NO. 2009-3657
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI
BEACH CITY CODE CHAPTER 2, ARTICLE IV, DIVISION 1,
SECTION 2-194 THEREOF ENTITLED "REMOVAL FROM
OFFICE", BY LIMITING GROUNDS FOR
SUSPENSION/REMOVAL TO THOSE "SPECIFIED OFFENSES"
SET FORTH WITHIN FLORIDA STATUTE SECTION 112.3173
(AS AMENDED), AND ESTABLISHING PROCEDURE PRIOR
TO SUSPENSION/REMOVAL; 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 IV, Division 1, Section 2-194 thereof entitled
"Removal from office" is hereby amended to read as follows:
Sec. 2-194. Suspension/Removal from office.
~ Any person in the unclassified service of the city, or any appointive officer, or any member of
any board of the city (other than those board members subiect to suspension/removal pursuant to Fla
Stat. section 112.501) who shall have been indicted or informed against for sfime anv specified offense in
any court in this state, or in any court of record in any state of the United States, or in any federal court
shall, subiect to compliance with procedures set forth in (b) below (as applicable) be deemed suspended
forthwith and shall cease and desist from performing or attempting to perform any of the duties pertaining
to his employment or office; and his position or office or board membership shall be deemed vacant, and
such vacancy shall be filled by the appointing authority for the duration of such suspension. Such
suspension shall continue until the acquittal or conviction of such employee, officer or board member. In
the event of acquittal, such employee, officer or board member shall be reinstated; but conviction of such
employee, officer or board member shall be deemed a removal from such employment, office or
membership, and the vacancy thereby created shall be filled by the appointing authority in the same
manner as such appointment shall have been made during the suspension of such employee, officer or
board member. For the purposes of the Section anv person who pleads guilty or no/o contendere
or who is found guilty shall be deemed to have been convicted notwithstanding asuspension of
sentence or a withho/dmg of adjudication
(b) Suspension of ~ a member of the Citv Commission or appointed Citv board
member shall require resolution of the City Commission specifying facts sufficient to advise such city
official as to the basis for his or her sus ension reasonable notice to the cit official and an o ortunit
for the official to be heard on the charges at a public hearing to be held by the Citv Commission
~ As used in this Section the term "specified offense" means those felonies involving breach of
public trust and other specified offenses by public officers and employees which may result in forfeiture of
retirement benefits pursuant to Florida Statute section 112 3173 (as amended) including
1. The committing aiding or abetting of an embezzlement of public funds
2. The committing aiding, or abetting of any theft by a public officer or employee from his or her
employer.
' Bold italic type reflects amendments made on first reading held July 22, 2009.
3. Bribery in connection with the emplovment of a public officer or emplovee
4. Any felonv specified in Fla Stats Ch 838 except sections 838 15 and 838 16'
5. The committing of an impeachable offense
6. The committing of anv felonv by a public officer or emplovee who willfully and with intent to
defraud the public or the public agency for which the public officer or emplovee acts or in which he or she
is employed of the right to receive the faithful performance of his or her duty as a public officer or
emplovee, realizes or obtains or attempts to realize or obtain a profit pain or advantage for himself or
herself or for some other person through the use or attempted use of the power rights privileges duties
or position of his or her public office or emplovment position or
7. The committing on or after October 1 2008 of anv felonv defined in Fla Stats section 800 04
against a victim vounger than 16 vears of ape or anv felonv defined in Fla Stats Ch 794 against a victim
vounger than 18 vears of ape. by a public officer or emplovee through the use or attempted use of power
nghts• privileges, duties or position of his or her public office or emplovment position
SECTION 2. REPEALER,
All ordinances or parts of ordinances in conflict or otherwise redundant 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.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the 24th day of October , 2009.
PASSED and ADOPTED this 14th day of October , 2009.
ATTEST: '
atti errera Bowe
~,~ ~~ ~ Mayor
Robert Parcher, City Clerk
nPl~~V~~ e~S ~!'~
(Requested by Vice-Mayor Victor M. Diaz) ~~ ~c L~utV,~,~r~}j~~(,~~
F:lattolOLIJ\ORDINANCESI2-194Diaz.doc ~ ~~ ~+"~~ • • ~+~
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OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower SECOND READING
Members of the City Commission
City Manager Jorge Gonzalez
FROM: Jose Smith
City Attorn
DATE: October 14, 2009
SUBJECT: Vice-Mayor Victor M. Diaz's proposed legislation: Expansion of Ethics
Reform/Transparency in City Government-agenda item RSE.
Pursuant to the request of Vice-Mayor Victor M. Diaz, and as approved on first reading at the
City Commission's July 22, 2009 meeting, the attached ordinances have been drafted amending the
City of Miami Beach's Standards of Conduct for elected officials, appointed board members and city
employees as set forth within City Code Chapter 2, Article VII.
The measures proposed herein expand upon the City's ethics reform legislation by
strengthening City Charter and Code requirements concerning:
--city personnel compliance with applicable ethics laws;
--greater transparency in City government;
--limited restrictions on post-service activity of city personnel; and
--further reform of campaign finance legislations.
All of the attached ordinances (incorporating
reviewed and approved for legal sufficiency by
Commission consideration on second reading.
amendments made on first reading) have been
the City Attorney, and are thus ready for City
F:1atto\DLIJICMEMO\ethics.reform-Diaz 7-22-09.doc
1 In its regulation of campaign finance via the limited restriction of certain campaign activity, the City of Miami Beach
herein identifies the need for such legislation as an anti-circumvention measure, necessary to ensure efficacy of the
subject contribution bans, and the prevention of both the actual as well as perceived threat of corruption of public
officials-both of these interests are well-recognized compelling, sufficiently important rights in the campaign fmance
context.
Agenda Item ~S~
Date ~ o - l -d 9
THURSDAY, AUGUST 27, 2009 I 13MB
____ MIAr~nIBEACH
CITY OF MIAMI .BEACH
• NOTICE OF `PUBLIC HEARINGS ~- _
'NO'TICE IS HEREBY given that second readings and .public hearings will be°held-by the Mayer and City Commissierl,of the City of Miami Beach, Florida, in the Commission Chambers.
3rd ibor, City HaII,1700 Convention Center Drive, Miami Beach, Florida, on WednesAay, September 9,:2009, io consitler ttnrfp{Igyiting:
10:20 a.m.
An Ordinance Amending Chapter 10 Of The Miami Beach City Catle Entltletl "Animals," 8y Amending Secion 1 D-10, Entitled "Animals Prohibited In Public Barks And On'Beaches" By Providing That
The City Commission May Designate Dog Parks IKPublic Park Areas; AmendingSection 10-#1, Errtltled "Running At Large Prohibited"'By Providing That The Cityr~mmission May Designate5pectfic
I Off--Leash Areas For Dogsin Public Parks.
)ppuiries may be directed to the City Attorneys Office at (305) 673-7470:
! A9:~t5 a.m.
An. {frknance Amending Chapter 30, -Entitled "Code Erdorcemem,°,.By Amending Article III 7hereot, Entitled "Erdorcement .Procedure," By Amending Section 30-74, EntltlalF-"Fine,"
=By Amending The Provisions Relating To The Mitigation Of Fines; BY Amending Section 30-76, Errotleo "Rehearings; Mitigation," By Increasing The Time Period For7he Jurisdiction Of The Spedal
MesrBr For The Mitigation Ot Fines To Three Years And Providing Criteria Relative To FlneMitigation.
..:Inquiries may be directed to the City Manager's Office at (305) 673-7010. ~
?OBDIpm.
~AnOrdinance Amending'Miami'Beach City Code Chapter 2, ArSde VII, Section 2-458 Thereof Entitled "Supplemental Abstention And Disclqsure Requirements" By Requiring Public Officers To
'Olacloae Compensation Received By Public Olhce~ And/Or Public Officer's Employer Or Firm Related To Subject Conflicting Relationship, Said Disclosures To 8e Matle from Three Years Preceding
;Witginal Date Of ElectioMAppointtnent0f Public Officer.
r „Irqumes may be directed to the City Attorneys Office at (305) 673-7470.
Si011 p.m.
An Ardinance Amending M Part Miami Beach City Code Chapter 2, Article VII, Division 5-Entltled "Campaign Finance Reform;' Sections 2-487-Through And Inducting 2-490, By Prohibiting Wendors"
i 'And "Real Estate Developers" From Soiicitlng Campaign CorlMbutions For Candidates-For The Office. Of Mayor Or Commissioner, Expanding Upon The Definitlons Of "Vendor" And "Real Estate
Developer" And Conforming As Housekeeping Matter Certain language To Existing Text.
htqulries may be direded.to the CityAttomeys Office at (305) 673-7470.
~~~.
-AA!Drdinance Amending Miami Beach City Code Chapter 2, Article VII, Division 5 Erttltled "Campaign Fnance. Reform," By,gdejng Tdiereto Section 2-491 Entitled "Prohibited Lobbying By Campaign
Boneulfartts," Prohibiting Campaign Consuftants.And Certain.Atfdlated Rersons Or Entitles From Lobbying City Commission For 12 Months Subsequent To Swearing In Of Sub)ectElectetl Oftidal(s),
Estebdshing Defindions, Limited Exemption.And.Disclosure/AtxsteMion pequiremerrts.
*fiquines may be directed to the'City Attorney's Office at (305) 673-7470.
..?980-p.m
11n Ordinance Amending Miami Beacu City Code Chapter 2, Article N, Division 1, Section 2-194 Thereof Ertitled "Removal Evan Office°, By Limiting Grounds'For SuspensioNRemoval To Those
"SPeeiffed Offenses" Set Forth Within Florida Statute Section 112.3173 (As Amentled), And Establistdng Procedure Prior io Suspensiordliemovat.
_:filgWnes may be directed to the (gty Attorney's pffice at (305) 673-7470. -
;31OOpan. ,
An Otdir~nce Amending Miami Beach Chy Code Chapter2, Article VII;'Division 2; Section 2-458 Thereof,.F:ntltled " '
.9isdo~re Requiremerds fror Publig Offic181s Of Any Famdy Or Business Relationstli Whh ~Pleme[>tal Abstention And Disclosure Requirements", Establishing Additional
P Party Who Ls Directly Berlefftted BYAgency Vote.
1ngrliries may be directed to the: City AttomeY's'Office at (30S) 673-7470.
3~D p.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 2, Section 2-4507hereof Emittied "Disclosure Of Interest In/Relationship With Business -
Ofticial+s Disclosure Of Certain Business Reotbnships Established 1~Yithin 24 Months After Contracting Party's Appearance Belpre
tMlty," By Requiring Elected
Inquiries may be directed o the City Commission.
CitY?-tgmey'sAffice.at (305)_673-7470.
3d10°p:m. _
An Orgnance Amending Miami Beach City Code (xlapter 2 ArtiGe Vp; Division 2 Thereof By.Creating Section 2-4g2:Entftled "pmhibitlng flatted OfBdals From Having Certain Post-ServicaConirecfs
With City", Prohibiting Former City Elected Officrais From City Employmerd Or Contracts Dn'Matters In Which City Commission Approval Is Required.
Inquiries may be directedo the,CdyAttortley's Office at (305) 673-7470.
3:00 Rm.
An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 2 Thereof By Creating Section 2-463 Entitled "Prohibitlon Of Certain Post-Service/Empoyment Relationships",
Prohitlibting Certain Post=Service/Empoyment Activity Of City Elected Officials And City'fmplpyeas:ForA Perim Of Two Yeare After Leaving City Serviee/Employment. .+..
Inquiriesmay be directed to the CityAttomey.'s Office at (305) 673-7470.
880 p.m.
An Ordinance Amending In -Part Miami Beach City.Code Chapter 2, Article VII, Division 5 Thereof Entitled "Cam
Veruors,^ 2-488 "Prohibited Campaign Carltribubons By Lobbyists On Procurement Issues," 2-489 "prohibited Campaign Contributions By Real Estate Developers,"And 2-490 "prohibited Campaign
Contributlons By Lobbyists .On Real Estate Development Issues," By Prohibitin Cam Pelgn Finance Refgrn," Sections 2-487 "Prohibited Campaign Contributions By
Incumbem Members Of The City'Commission Seeking Any Non-Federal Elected Office. Palgn Co~fbubons From Vendors, Real.Estate Develo
pars And their Respective loblryists To Canditlate
Inquiries may be directed to the City Attorney's Offfceat (305) 673-7470.
5:10 p:m.
An Ordinance Amending The Land Developmem Regulations Of The Code Of The City Of Miami Beach, By Amentlin Cha
Division 18 "PS Pertormance Standard Distiid,"Amending Section 142-693 "Permitted Uses," By Restricting Dr ProhibitingrCommeroianRoofop VVenues Southti0f 5°1 AStreet II "District Regulations,"
Inquiries maybe directed o the Planning Departmemat (305) 673-7550.
INTERESTED PARTIES are invited ioappear at this. meeting,,or,ile represented by an agent, nr to .express their views in wrung addressed tothe
1700 Conversion Center Drive, 1st Floor, City Hall, Miami Beads, Florida 33139. Copies of these ordinances are available for.public inspection during normal blreiness Hours in the City Clerk's Office,
1700 Cornerrdon Cerrter Drive, tst Fkgr, City Hall, and Miami Beach, Florida 33139. This meeting maybe continued and under such circumstancesaddhional ~ Commission, rJo the .City ,Clerle, .-
legal notice would not be provided.
' Robert E. Partner, CITY Clerk_
Pareaant to SectiomP86:D105, Fla. Stal, the City trereby:advises the public that: if a person decitles fp a of Miami Beach .
meeting or hs hearing; such:person must ensure ttlat a verbatim recoro of.the proceedingsis matle, which record inclutles the ode by the City Commission with res
tloes mIt censtitute consent.by the teslimony and evidenceupon which'th~ to any matter consitlered at its ;
CItY for the irltroductonor admission of otherwise inatlmiseible orirreleverd eviderlce;nor.tlaes itauthorize challe es or appeai~IS to be based' Thls notice
To request this material in atcassllNe fomlat, sign language imerpreters, information on access for persons with dis~lilities, antllor an acce ~ ~~~ not otilerwise showed ~ law.
~~d PrllceedinB, a~ Ott (305) 604-2489 (voice), (3D5)673-7218(TTY) five Y minedetion to review an documem or
days in advance >o imitlete your request. TTY users ma y ~ in any
- Y alb call 71 t-(Fonda RelayServica),