2009-3658 OrdinanceORDINANCE NO. 2009-3658
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,
SECTION 2-458 THEREOF ENTITLED "SUPPLEMENTAL
ABSTENTION AND DISCLOSURE REQUIREMENTS",
ESTABLISHING ADDITIONAL DISCLOSURE REQUIREMENTS
FOR PUBLIC OFFICIALS OF ANY FAMILY OR BUSINESS
RELATIONSHIP WITH PARTY WHO IS DIRECTLY
BENEFITTED BY AGENCY VOTE; 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, Section 2-458
thereof entitled "Supplemental abstention and disclosure requirements," is hereby amended to
read as follows:
Sec. 2-458. Supplemental abstention and disclosure requirements.
In addition to those conflict of interest abstention and disclosure requirements currently required
by state and/or county law, the following requirements shall also apply to public officers:
(~} (a) Conflicting relationships.
A public officer with a conflict of interest on a particular matter is prohibited from
participating in that matter. "Participation" means any attempt to influence the decision by oral or
written communication, whether made by the officer or at the officer's direction.
(2) Written disclosures of conflict of interest shall contain the full nature of the conflict at
issue, including but not limited to names of individuals whose relationship with the officer results
in the subject conflict and all material facts relevant to the conflict issue. The written
memorandum disclosing conflict of interest shall be stated into the record before any discussion
begins on the subject agenda item. This written disclosure memorandum must be filed
regardless of whether the officer possessing the conflict was in attendance or not during
consideration of the subject item.
(b) Other relationships requiring disclosure.
In those instances involving neither a legal conflict or declared appearance of conflict,
each public officer shall further disclose by written disclosure and public announcement the
existence of anv family and/or business relationship of which the public officer is aware, with
anv person or business entity who is directly benefited by the subiect vote of the agencv on
which the public officer serves. This written disclosure memorandum must be filed regardless of
whether the subiect public officer was in attendance or not during consideration of the subiect
item.
(c) The disclosure requirements set forth in subsections (a)(2) and (b) above shall have
continuing applicability for a period of up to 18 months after the subject relationship has ended.
{~} ~ Definitions. As used in this Section, the following definitions shall apply:
"Public officer" includes any person presently serving who has been elected or
appointed to hold office in any agency.
(4-} "Agency" shall mean any board, commission, committee or authority of the city, whether
advisory, ad hoc or standing in nature.
"Business relationship" (for purposes of subsection (b) above) shall mean the situation in
which a public officer has a relationship with a person or business entity wherein:
i. The person/business entity is a customer of the public officer (or of his/her
employer) and transacts more than $10,000.00 of the business of the public
officer (or of his/her employer) in the 12 month period immediately precedin_a
the subject vote : or
ii. The public officer is a customer of the person/business entity and transacts
more than $10,000.00 of the business of the person/business entity in the 12
month period immediately precedin_q the subject vote .
iii. The $10,000.00 threshold referenced hereinabove shall be adjusted
annually to reflect increases in the Consumer Price Index.
"Family" shall mean the spouse, domestic partner, parents, stepparents, in-laws2,
children, and stepchildren of the public officer.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict or otherwise redundant herewith, be and
the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
' Bold italic type reflects amendments made on first reading held July 22, 2009.
z Non-bold italic type reflects amendment made at second reading held September 9, 2009.
2009-3658
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the 24th day of october , 2009.
PASSED and ADOPTED this 14th day of october , 2009.
ATTEST:
~ ~ ~ ~~
Robert Parcher
City Clerk
Mat Herrera we
Mayor
(Requested by Vice-Mayor Victor M. Diaz)
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THURSDAY, AUGUST 27, 2009 ( 73MB
- ---- MIANtI$EACH
CITY OF MIAMI BEACH
NOT1C~ Of PUBLIC HEARINGS ~-
NOTICE IS HEREBY given that secend readings and public hearings-will be'held~ the Mayor and City Commission.df the Ctty of Miami Beach, Florida, in the Commission Chambers,
3rd fbor, City Ha11,1700 Comendon Center Ddve, Miami Beach, Florida, on Wednesday, September 8, 2009, fD consider the4dloWing:
1020 a.m.
An Ordinance Amending Chapter 10 Ot The Miami Beach City Code Entitled "Animals;' By Amending Sedion 10-10, Enticed "Animals Prohibtted In Public Parks And On"Beaches" By Providing That
7fle City Commission May Designate Dog Parks Ib Public Park Areas; AmendingSeclion 10-11, Entitled "Running At Large Prohibited"'By Providing That The CitgCommission May Designate';pectfic
filft-LSash Areas for Dogsiri Pbblic Parks. ,
Jj~riries may be directed to the City Attorney's Office at (305) 673-7470.-
1 4•.1..95 a.m. .
gpur';Ordinance Amending Chapter 30,_Errtitled "Code Enforcement,"..By Amending Article III Thereof, Entitled "Enoorcement .Procedure;' By Amending Section 30-74, EntitielF "Floe,"
;@y Artrending The Provisions Relating To The Mitgation Ot Fines; By Amending Sedion 30-76, Errtitied "Reheadngs; Mitigation," By Increasing The Time Period For'The Jurisdictlon Of The Spedal
pAaebsr For The Mitigation Of Fines To Three Years And Providing Criteda Relative To Fine Mitigation.
Jngtdries may be direded to the CIty M~enager's Office at (305) 673-7010.
'9W0`p:m•
~AnDrdinance Amending Miami'Beadh City Code Chapter 2, Artlde VII, Sedion 2-458 Thereot Entttled "Supplemental Abstention And Disclosure Requirements" By Requiring Public Officers To
'tylsdose Compensation Received 8y Public Officei And/Or Public trficer:'s Employer Or Flrm Related To Subjed Confiiding Relationship, Said Disdosuros To Be Made From Three Years Preceding
30tginel Date Of Election/Appointment Of Public Officer.
' 'InWiries may be direded to the City Attorney's Office at (305) 673-7470.
An,()fdinance Amending In Part Miami Beach City Code Chapter 2, Article VII, Division 5 Entitled "Campaign Finance Reform," Sections 2-487-Through And Including 2-490, By Prohibiting "Vendors"
~ 'Arni' :Real E3'iate Developers" From Soliciting Campaign Contributions For Candidahes For The Office. Of Mayor Or Commissioner, Expanding Upon The definitions Of "Vendor" And 'Real Estate
~ t)avcloper"And Contorming As Housekeepdng Matter Certain Language To Existing Text.
I Nquliies may be direded-to itre City Atlaney's Office at (305) 673-7470.
t~..fNdinarrce Amending Miami Beach City Code Chapter 2, Article VII, Division 5 Emitlad "Cam~ign Fnance Reform," By Adding Thereto Section 2-491 Entitled "Prohibtted Lobbying By Campaign
Ooneidtanta," Ptohibiting-Campaign Gonsullants~And Certain.rVfiliatad.Persons Or Entities From Lobbying (fly Commission For 12 Months Subsequent To Swrcering Iri Of Sub}ed Eledad Oflldal(s),
Estebkshing Definttipns, Limited ExempbtxrAnd Disdceure/Abstention Requiremerds. ~'
dngpfiies may be directed to Ore=City Attorney's Office at (305) 673-7470.
3Af1pm.
An Ordinance Amending Miami Beach Clry Code Chapter 2, Artlde N, Division 1, Sedion 2-194 Ther~f Errtltled "Removal From Office", By Limiting Grounds For SuspensiorURemoval To Those
'Specified Offenses" Set Forth Within Florida Statute Section 112.3173 (As Amended), And Establishing Procetlure Pdor To SuspenaioMRemovat. -
.ingWgesmay be directed to the City Attorney's Office at (305) 673-7470.
3dI0.Rm.
An-~Ordinence Amending Miami. Beach City Cade lxtapter 2, Article VII;'DiWsion 2; Sedtion 2-458 Ther~f, Entitled 'Snpplemerrtal Abstention And Disclosure Requi2merds", Estabbshing Additional
;:®isdgsure Requiremerds ForPUblic Officials Of Any Famgy Or Business Relationship Wtth Party Who Is DiracSy BenaBtted By Agent' Vote.
txtprides may be diredad to the CityAttomey's1><f'ice aC(305) 673-7470.
3~0 p.m.
An Ordinance Amending Miami Beach City Cade Chapter 2, ANde VII, DiWsion 2,Section 2-450 Thereof Entltied "Disclosure Of Interest In/Helationship With Business Entfty," By Requiring Elected
Official's Disclosure Of Bertain Business Relatonships Established Within 24 Months After Contrading Party's Appearance Before City Commisson.
Inquiries may be direded to.the S,iiy Attomey's.Office.at (305) 673-7470.
3AOpm.
An Ordinance Amending Miami Beach City Code.CMapter 2, Article VII; Division 2 Thereof By.Creating Section 2-062 Entitled "Prohibiting fleded Dffidals from Having Certain Post-SerWce.Comrads
With. qty", Prohibiting Former City Eledad;Offidals From Cfty Employment Or Contrads OrcMahers In Which City Commission Approval Is Required,
Inquiries may be direded to the.(OtyAttdmey§ Office at (305) 673-7470.
3AO p.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Artlde VII, Division 2 Thereof ~By Creating Secion 2-463 Entitled °Prghibition Of Certain Post-Sarvice/Empbyment Relationships",
Prohititting Certain Post=SerWcelEmploymerdAdivlty Of City Eleded Officials Md City Employees Wr A Period (RTwo Years Rfter LeaWng City ServiceYEmploymerrt. ""`
Inquines~may be direded to the City Atlomey.'s Office at (305) 673-7470.
ai9ltp.m. _, .
An Ordinance Amending-In: Part Miami Beach City.Cotle Chapter 2, Article VII, Division 5 Thereof Erttitled "Campaign finance Reform," Sections 2-487 "Prohifrited Campaign Contributions By
VerWors," 2-088 "Prohibited Campaign CorrbibutionsByLobbyists On Procurement Issues," 2-489 "Prohibited Campaign. Contributions By Real Estate Developers," And 2-490 "Prohibited Campaign
Contributions-By Lobbyists .On Real Estate :Development Issues," By Prohibiting Campaign Contributions From Vendors, Real.Estate Developers And Their Respective Lobbyists To Canditlate'
inalmbent Members Of The City Commission Seeking Any Non-Fetleral Eleded Office.
Inquiries may be directed to the City Attorney's Office at (305) 673-747D.
5aO P:m.
An Ordinance Amending The Land DevebpmentAegulations Df The Code Of The City OF Miami Beach, By Amending Chapter 142, "Zoning Distdcts And Regulations."Article II "DistridAegulations,"
Division 18 "PS Pertormance StantlaM District," Amending Section 142-693 "Permitted Uses," By Restdctlng Or Prohibtting Commercial Rooftop Venues South Of 5°i Street.
Inquiries may be directed to the Planning Department at (305) 673-7550
INTERFJ3TED PARTIES are im4ted to .appear .at this meeting, ar,.be represented by an agent, m to .express their views in writing addressed to the City .Commission, .rJo the Lily ,Clerk,
1700 Convention Center Drive, 1s[ Floor, City Hall, Miami Beach, FlodAa 33139. Copies of these ordinances are available fpr.public inspection dudng normal business hours in the Ciry Clerk's Office,
1700 Cornemion Center Drive,lst Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such dreumstances.additional legal notice would r1nt be provided.
' Robert E. Percher; City Clerk_
-.City of MiamiBeach .
Parerrent to Sediart286:0105, Fa: Shat, the Ctty hereby advises the. public that: tl a person decides to appeal anytiecision~inade by the City Commission with respect to any matter'censideredat its
meeting ores hearing;such:peraom mustensure drat a verbatim record ofthe proceedings Ls matle, which r~ord includes theirrstimony and evidencetipon which2he appeafis to be based. This notice
tlaesnotconstihde consept by the City for the irrtrpductian oradmission of otherwise inadmissible orirrelerrent eWdence, nor~es it autlrorize challenges or appeals not otlrerwise atlowed by law.
To request this matedal in accessible format, sign language interpreter, irrfomration on access for persons with diaffiigties, andlar any accommodation to review any document or participate In any
Qty-aPOra;oretl proceedng, pl~se coMad (305)604-2489 fvace), (305;673-7218(fTY)fire mays in advarrce to initlate your request TTY users may also ca11711-(Florida RelayService).
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