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LTC 432-2013 Ethics Course Requirements for Newly Elected Officials MIAMIBEACH OFFICE OF THE CITY MANAGER LTC No. 432-2013 LETTER TO COMMISSION TO: Mayor Philip Levine and Members of the City Commission FROM: Rafael E. Granado, City Clerk DATE: December 6, 2013 SUBJECT: ETHICS COURSE REQUIREMENTS FOR NEWLY ELECTED OFFICIALS On June 4, 2013, the Miami-Dade Board of County Commissioners adopted Ordinance No. 13-50, amending Section 2-11.1 of the Code of Miami-Dade County, Florida, to require County and Municipal elected officials to complete an ethics course offered by the Miami-Dade County Commission on Ethics and Public Trust within ninety (90) days after being sworn into office. The course includes a review of the Conflict of Interest and Code of Ethics Ordinance; the Sunshine Law; the Public Records Law; and the Citizens' Bill of Rights. The ethics course requirement applies to all newly elected officials and re-elected incumbent officials, regardless of whether they have previously taken the course. The City Clerk's Office is in communications with the Commission on Ethics and will provide updated information as to the upcoming course(s). A copy of the Ordinance is attached hereto. cc: Jose Smith, City Attorney Jimmy Morales, City Manager Debora J. Turner, First Assistant City Attorney r r _ N REG/lh Attachment c�-5 _T.1 i C I We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,tropical,historic community F:\CLER\$ALL\Altc's\LTC 421-2013 90 Day ETHICS COURSE REQUIREMENTS FOR NEWLY ELECTED OFFICIALS.Doc OFFICIAL FILE COPY � CLERK OF THE BOA OF COQ COWZSSIONERS W -DADS COPS'M nORIDA MEMORANDUM i Agenda Item No. 7(C) I TO: Honorable Chairwoman Rebeca Sosa DATE: June 4, 2013 and Members,Board of County Commissioners PROM: R.A. Cuevas,Jr. SUBJECT: Ordinance relating to Conflict County Attorney of Interest and Code of Ethics Ordinance; amending Section 2-11.1(bb) of the Code,to require county and municipal elected officials to complete ethics course within specified time period Ordinance No. 13-50 The attached ordinance was,amended at the May 15,2013 Public Safety & Animal Services Committee by inserting the phrase "for employees" in the last sentence of subsection 2- 11.1(bb) of the Code. The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor Commissioner Barbara J. Jordan. Y R.A. C evas,Jr: County Attorney RACljls MIAMI-®ADE Memorandum Date: June 4, 2013 To: Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners From: Carlos A. Gimenez Mayor Subject: Ordinance Relating to Conflict of Intere nd Code of Ethics Ordinance;Amending Section 2-11.1(bb)of the Code,to Requi County and Municipal Elected Officials to Complete Ethics Course Within Specified Time Period The proposed ordinance amends Section 2-11.1(bb) of the Code and requires County and Municipal elected officials to complete an ethics course within a specified time period. Implementation of this ordinance will not have a fiscal impact to the County as the additional workload will be absorbed by existing staff. Irfson Kim Director of Policy and Legislative Affairs ROM i L I I (Revised) TO: Honorable Charwoman Rebeca Sosa DATE: June 4, 2013 and Members,Board of County Commissioners FROM: R.A.C as,Jr. ACT: Agenda Item No. 7(C) County Attomey Please note any items checked. "3-Day Rule"for committees applicable if raised 6 weeks required between first reacting and public hearing 4 weeks notification to municipal officials required prior to public hewing Decreases revenues or Increases expenditures without balancing budget Budget required Statement of fiscal impact required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee rvAew Applicable legislation requires more than a majority vote(Le.,W's , 315's ,unanimous )to approve Current information,regarding funding source,index code and available balance,and available capacity(if debt is contemplated)required. i Approved Ma or Agenda Item No. 7(C) Veto 6-4-13 Override ORDINANCE NO 13-50 ORDINANCE RELATING TO CONFLICT OF INTEREST AND It CODE OF ETHICS ORDINANCE; AMENDING SECTION 2-11.1(bb) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO REQUIRE COUNTY AND MUNICIPAL ELECTED OFFICIALS TO COMPLETE ETHICS COURSE WITHIN SPECIFIED TIME PERIOD; PROVIDING SEVERABILITY, INCLUSION IN THE CODE; AND AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI- . DADE COUNTY FLORIDA: Section 1. Section 2-11.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:i Sec.2-11.1. Conflict of Interest and Code of Ethics Ordinance. (a) Designation. This section shall be designated and known as the "Miami-Dade County Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all County personnel as defined herein, and shall also constitute a minimum standard of ethical conduct and behavior for all municipal officials and officers, autonomous personnel, quasi-judicial personnel, advisory personnel, departmental personnel and employees of municipalities in the County insofar as their individual relationships with their own municipal governments are concerned. References in the section to County personnel shall therefor be applicable to municipal personnel who serve in comparable capacities to the County personnel referred to. 1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or>>double arrowed<<constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. M012435 f Agenda Item No. 7(C) Page 2 f (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "Commissioners" shall refer to the Mayor and the members of the Board of County Commissioners as duly constituted from time to time. (bb) Affidavit and Ethics Course. Each person who is elected to serve as a member of the Board of County Commissioners or as Mayor of Miami-Dade County shall execute an affidavit, on a form prepared by the Ethics Commission, stating that he or she has read the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance and agrees to comply with the provisions of said ordinance. Each elected official covered by the requirements of this subsection shall file the required affidavit with the Ethics Commission prior to being sworn into office. >>Each elected official, as defined in subsection (b)(1), shall, within ninety (90) days after being sworn into office, submit to the Clerk of the Board a certificate of completion of an ethics course offered by the Miami-Dade County Commission on Ethics and Public Trust- ("Ethics Course").<< Each employee of the County, as defined in subsection (b)(5) and b(6), shall within one hundred and eighty (180) days of the effective date of this ordinance or within sixty (60) days after being hired by the County, submit to the Clerk of the Board a certificate of completion of an >>E<<[[e]]thics >>C<<[[e]]ourse offered by the Miami-Dade County Commission on Ethics and Public Trust [[("Ethi s Geufse")]]. Employees shall be required to complete a refresher Ethics Course every. two years thereafter. Each employee who has completed a refresher Ethics Course shall submit to the Clerk of the Board a certificate of completion. The Ethics Course shall include, but not be limited to, a review of the following topics: the Conflict of Interest and Code of Ethics Ordinance; the- Sunshine Law; [[,-md]] the Public Records Law >>and the Citizens' Bill of Rights<<. The requirements of this subsection (bb) relating to the Ethics Course »f Jr Agenda Item No. 7(C) Page 3 i e ees<< shall not be applicable to any municipality in Miami-Dade County unless said municipality has adopted an ordinance providing for the Ethics Course, and has entered into an interlocal agreement with the County authorizing the Ethics Commission to provide the Ethics I Course provided for in this subsection. f Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid,the remainder of this ordinance shall not be affected by such invalidity. Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this.ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to section, article, or other appropriate word. Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. PASSED AND ADOPTED: June 4, 2013 Approved by County Attorney as to form and legal sufficiency: Prepared by: Gerald K. Sanchez Prime Sponsor: Commissioner Barbara J. Jordan 2 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or >>double arrowed<< constitute the amendment proposed.