2009-3659 OrdinanceORDINANCE NO. 2009-3659
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 2-450
THEREOF ENTITLED "DISCLOSURE OF INTEREST
IN/RELATIONSHIP WITH BUSINESS ENTITY," BY REQUIRING
ELECTED OFFICIAL'S DISCLOSURE OF CERTAIN BUSINESS
RELATIONSHIPS ESTABLISHED WITHIN 12 MONTHS AFTER
COMMISSION VOTE WHICH KNOWINGLY DIRECTLY BENEFITTED
CONTRACTING PARTY; 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 2-450
thereof entitled "Disclosure of interest in business entity," is hereby amended to read as follows:
Sec. 2-450. Disclosure of interest in/relationship with business entity.
(a) 1. If a public officer or employee of the city directly or indirect)
of business entity) has or holds any employment or contractu I relatonslhipatwithiany othee
business entity which the officer or employee knows or with the exercise of reasonable care
should know, is doing business with the city, and which relationship is otherwise permissible
under state and county ethics law, he/she shall file a sworn statement with the city clerk
disclosing, (consistent with relevant privilege exemptions) the specific nature of employment
and interest in such business entity as well as commencement date of the subject employment
or contractual relationship and (if applicable) term of such relationship. The city clerk shall
publish logs on a quarterly basis reflecting the disclosure forms referenced herein.
2. If a member of tnP r..+„ r,,.,...,.,:,.,.:__ _ _. _ , .. .
~~.u„ u~~~ivaC an sucn pusiness relationshi in writin to the
City Clerk within 15 days after the n. ~~~no~~ ..e~...:,._
.,~~ ~~~a~w-iahip is estah~~cnA~
(b) Definitions.
Business entity means any corporation, partnership, limited partnershi
enterprise, franchise, association, self-employed individual, or trust, whetherrfictitiou lyl named
or not.
Business relationshi for ur oses of subsection a 2 above shall mean that a member of the
City Commission has a relationship with a person or business entity wherein
i. The erson/business entit is a customer of the member of the Cit
Commission or of his/her em to er and transacts more than 10 000.00 of the
business of the member of the Cit Commission or of his/her em to er in the
72 month period immediateiv after the subiect vote or
ii The memhPr r,f +r,a r,~
' Bold italic type reflects amendments made on first reading held July 22, 2009.
subject vote
2
Contractual re/ationship shall exclude situations in which a person's shareholder inter
publicly-traded company is less than five percent. est in a
(~ p) Regardless of the requirements of subsection (a) hereinabove, the validit of an
or determination of the city commission or cit Y y action
~ affected by the failure of an Y personnel, board or committee shall not be
y person to comply with said disclosure provisions.
SECTI_ REPEALER.
All ordinances or parts of ordinances in conflict or otherwise redundant herewith, be an
the same are hereby repealed. d
SEC-._.N 3• SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid
unconstitutional by any court of competent jurisdiction, then said holding shall in no wa aff
the validity of the remainin or
g portions of this ordinance. Y ect
SEC- TI.~4_• CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and i
hereby ordained that the provisions of this ordinance shall become and be made a
Code of the City of Miami Beach, Florida. The sections of this ordinance ma be t is
re-lettered to accomplish such intention, and the word "ordinance" ma be ch part of the
y renumbered or
"article," or other appropriate word. Y anged to "section,"
SECTI_ EFFECTIVE DATE.
This Ordinance shall take effect the 24th day of October
2009.
PASSED and ADOPTED this 14th day of October
2009.
ATTEST:
f!
Rob Q:~~~~~
ert Parcher
City Clerk
(Requested b V'
M 'Herrera Bo er, ayor
Y ice-Mayor Victor M. Dian
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THURSDAY, AUGUST 27, 2009 i 73MB
---~ MIAMBEACH
CITY 0~ MIAMI.BEACH
NOTICE OF PUBLIC HEARINGS `~ ~.
NDFTCE IS HEREBY given that second readings and public hearings`wlil beheld=bythe Mayor and City Commissiegof the City of Miami Beach, Flortda, in the Commisson Chambers,
3[d floor, Chy Ha11,1700 Convention Carder Drive, Miami Beach, Flodda, on Wednesday, Septerrrher 9,.2009, to consitlar ttle4dYgyving:
90:2D a.m.
An Ordinance Amending'Chapter 10 Of The Miami Beach City Cade EtdiUetl "Animals," By Amending Section 10-10, Entitled "Animals Prohibhed In Public Parks And On'Beaches" By Providing That
The Chy Commission May Designate Dog Parks InPubilc Park Areas; Amending Section'10-19, Emitied "Running At Large Prohibited"'By Providing That The City'Commission May Designate-'Specffic
plFLeash Areas For Dogs9d Public Parks. - °
1 j~q[ririt: tmay be directed to the Cffy Attorney's Office at (305) 673-7470.
?l295 a.m. .
;fVl;Ordinance Amending. Chapter 30,_EmiUed "Code .Enforcement,°,.By Amending Artlcle III `Thereof, Emitted "Enforcement Procedure," By Amending Section 30-74, Em1UeAF "Rne;'
=By Amending The Provisions Relating To The Mitigation Of Rnes; By Amending Section 30-76, Entitled "Rehearings; Mitigation," By Increasing The Time Pedod ForThe Judsdiction Di The Special
lllesterFor The Mitigation Of Rnes To Three Years And Providing Criteda Relative To Rne'Mfigation. ° ,
fngWries may be directetl to the GtyManager's Office at (305) 673-70T0.
3~0'pcm.
Am Ordinance Amending `Miami'Beadh City Code Chapter 2, Article VII, Section 2-458 Thereof Entitled "Supplemental Abstenien And Disclosure Requirements" By Requiring Public Officers To
Disclose Compensation Received By Pu61ic Officer AndlDr Public Officer's Employer Or Firm Related To Subject Comlicting Relationship, Saitl Disclosures To Be Made From Three Years Preceding
4inginel Date OF Election/Appointment Of Public Officer.
I -lhgdiries may be directed to the City AUomey's Office at (305) 613-7470.
~;,NPO,p.m.
!:.~u1:~Minance Amending In Part Miami Beach City Code Chapter 2, ArUde NI, Division 5-EmfUed "Campaign Koonce Reform," Sections 2-487 Through And Including 2-490, 8y Prohibiting "Vendors"
"'INd""Real f3late Developers" From Soliciting Campaign Contributions For Candidates For The Office. Of Mayor Or Commissioner, Expanding Upon The Definitions Of °Vendor" And "Real Estate
t)eiMToper"And Conforming As Housekeeping Matter Certain Language To Existing Text.
tilquides may be directettto the City.Attomey's Office at (305) 673-7470. '
:990 pan.
~rifhdinance Amending Miami Beach City Code Chapter 2, Article VII, Division 5 Entitled "Campaign Koonce Reform," By Adding Tdtereto Section 2-491 Entitled "Prohibtied Lobbying By Campaign
"Ftwratdtamis," Prohibiting-Campaign ConsultantsAnd CertainaUUllated Rersons Or Emitles From Lobbying Cky Commission For12 Months SubsequemTO Swearing Id Ot Subjectflected Offidal(s),
EStabkshing Definitions,: Limited: FxemptionAnd Dlstlosure/Abstemion Requiremems.
~lrpuhies may be directed to the'City Attorney's Office at (305) B73-7470.
3~0-p.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Article N, Division 1, Section 2-194 Thereef Emltled "Removal From Office", By Limiting Grounds For SuspensiorllRemoval To Those
`Spedifietl Offenses" Set Cbrtii Wtihin Flodda Stahde Section 112.3173 (As Amended), And Establishing Procedure Prior To SuspensioMRemoval. -
may be directed to the City Attorney's Office at (305) 673-7470.
;3i0D,p.m. '
An flMbo3rrce Amending irtiami. Beach CityCode Chapter 2; Article VII;'Division 2; Section 2-458 Thereof Entitled °S!WPlemental Abstention And LNsdosure Requiremems", Establishing Additional
.:Olisdosure Requiremems For Public Offidals Of Amy (amity Or Business Relationshp-Wtih Party Who m Directly Beneftlted By Agency Vote.
Or~riries may be directed to.Ute IXtyAtlomeq'sTNfice at(305) 673-7470.
390 p.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 2,.Sedion Z-450 Thereof EntiUetl "Disclosure Of (merest In/Relationship With Business Emily," By Requiring Elected
~Offidal's Disclosure Of Gertein Business Relationships Established 1~iUdn 24 Momhs After Contracting Party's Appearance Before City Commission.
Inquiries may be directed to theOity Attorney's Office.at (305)_623-7420.
390 pm. ,
An Ordinance Amending Miami Beach City Code.Chapter 2, Article Vti; Division 2 Thereof By.CreaUng Section 2-462-EmPoed'ProhibiUng ElectedD[Ucials From Having Certain Post-Service.Comracts
With City", Prohibiting Former City Elected Officials From Cfry Employmem Or Comrects On Matters In Which City Commission Approval fl Required.
Inquiries may be directetl to tfre.Cffy'Attomey's Office at (305) 673-7470.
890 p.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Article VII, Division 2 Thereof ~By Creating Section 2-463 Emitled 'Prohibftton Of Certain Post-Sarvice/Empbyment Relationships",
Prohibiting Certain Post=Service/Employmem Activity Of City Elected OfflcialsAnd City Employees F~ A Pertod Of Two Years After Leaving City Service/Employmem. "`"
Inquiries~may be directed to the City Attorney's Office at (305) 673-7420. -
89ff p.m.
An Ordinance Amending-In-Part Miami Beach City.Code Chapter 2, Article VII, Division 5 Thereof Erlttiled "Campaign finance Reform," Sections 2-487 "Prohibtied Campaign Contributions By
Vendors," 2-488 "Prohibited Campaign Condibutions flyLobbyists On Procuremem Issues," 2-489 "Prohihited Campaign Comributions By Real Estate Developers," And 2-490 "Prohlbted Campaign
Comdbrdions-$y Lobbyists On Real Estate :0eveldpment Issues " By Prohibiting Campaign Comribtfiors From Vendors, Real -Estate Developers And Their Respective Lobbyists To Candidate
IncUmbem Members Of The lityCommission Seeking,Any Non-Federal Elected Office.
inquiries may be directed to the City Attorney's Officeat (305) 673-7470.
5:10 p:m.
An Ordinance Amending The Land DevebpmemRegulations Of The Code Of The City Of Miami Beach, By Amentling Chapter 142, "Zoning Distrtcts And Regulations "Article II "DisMctRegulations"
Division 18 "PS Pertormance StandaM Distnct,° Amending Section 142-693 "Permtttetl Uses" By Restricting Or Prohibiting Commercial Rooftop Venues South Of 5" Street.
Inquiries may be directed to the Planning Department at(305) 673-7550.
INTERESTED PARTIES .are ilrvtied tc .appear at this meeting, ar,be represented by an agem, er to express their views in writing addressed ro -tire City Comm~sion, clo the .C(ty ,Clerk,
1700 Convention Cemer Drive, ts[ Floor, City Hall, Miami Beach. Flodda 33139. Copies of tirese ordinances are available for.public infection during normal business hours in the City Clerk's Office,
170D Converdion Cemer Drive, ist Floor, City Hall, and Miam7Beach, Flodda 33139. This meeting maybe corrtinued and under such dreumstancesaddttional Iegai notice would not be provided.
.Robert E. Pardrer, (~' Gerk_
-,City of Miami Beach .
Pareuarrt to SecUOn286:0105, Fla. StaL, the Cary herebyadvises the public that: if a person decides to appeal any tlecision~made by the City CommLssion with respect to any matter consitleredat its
meeting or tts hearing,such:person mustensure that a verbatim recoro of:the proceedings is matle, which record tnclutles thefastimony and evidencerrpon vrhich~ltte eppeaFis to be based. This notice
doesrgtconstitide consent by the City for the imroduction or admission of otherwise inatlmisethle orirrelevem evidence, noc tloes itautlrorize challenges or appeals not otherwise a8owed by law.
To request this material in accessible format, sign language irnerpreters, imortnation on aceess for persons with disabilities, andlor any accemmotlation to review any tlocumeM or partidpate in ~Y
Qry-eporarored proceeding, f~sa cor~ct (305) 6D4-2489 Wacel, (3091673-7218{'TTY) five tlays in advance to irdYUate your request. TTY users may also qtl 711-(Fkxida RelaySerVice).
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