2016-4013 Ordinance ORDINANCE NO. 2016-4013
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
ENTITLED "OFFICERS, EMPLOYEES AND AGENCY MEMBERS",
ADDING THERETO SECTION 2-461 ENTITLED "DISCLOSURE BY
CITY COMMISSION MEMBERS OF SOLICITATION ON BEHALF
OF NONPROFIT ORGANIZATION", REQUIRING CITY
COMMISSION MEMBERS WHO SOLICIT GIFTS ON BEHALF OF
A NONPROFT ORGANIZATION FROM A VENDOR, LOBBYIST ON
A PROCUREMENT ISSUE, REAL ESTATE DEVELOPER AND/OR
LOBBYIST ON A REAL ESTATE DEVELOPMENT ISSUE, TO
DISCLOSE THE DATE OF SOLICITATION AND NAME OF
INDIVIDUAL SOLICITED, DISCLOSURE TO BE FILED IN CITY
CLERK'S OFFICE; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, as reflected by its prior adoption of legislation on the issue of
Campaign Finance Reform, the Miami Beach City Commission has found and determined
that legislation is necessary for the preservation of the integrity of representative democracy in
the City of Miami Beach in order to prevent the perception that public officials may be
influenced by special interests; and
WHEREAS, pursuant to Section 2-11.1(e)(2) the Miami-Dade County Conflict of
Interest and Code of Ethics Ordinance (applicable to City of Miami Beach personnel), elected
officials of the City are permitted to solicit gifts "in the performance of their official duties," and
are also permitted to solicit gifts on behalf of any nonprofit organization (both said provisions
subject to certain specific criteria); and
WHEREAS, the County's ethics laws, however do not impose any requirement for
disclosure of such solicitation activities; and
WHEREAS, the below legislation is thus presented as an amendment to the City's
Code of Conduct in order to provide for stricter ethics laws than currently exist under State or
County ethics codes, by requiring members of the City Commission to disclose their direct
solicitation of gifts for a nonprofit organization from those donors found to be most involved in
creating the perception of undue influence, said donor class consisting of"vendors," "lobbyists
on a procurement issue," "real estate developers" or "lobbyists on a real estate development
issue," as said terms are defined in Chapter 2, Article VII, Division 5, Sections 2-487 through 2-
490 of the Miami Beach City Code; and
' See, Miami-Dade County Code section 2-11.1(e), subsections(2)(f)and (g).
WHEREAS, in its adoption of this new ethics law, the Miami Beach City Commission
believes such disclosure necessary in order to advance the City's important government interests
of dispelling perceived undue influence while providing increased transparency in City
government, recognizing that transparency has been acknowledged by the United States Supreme
Court as enabling "...the electorate to make informed decisions and give proper weight to
different speakers and messages."2
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 entitled
"Officers, Employees and Agency Members" is hereby amended by adding the following City
Code Section 2-461 entitled "Disclosure by City Commission Members of Solicitation on Behalf
of Nonprofit Organization"to read as follows:
Sec. 2-461. Resenxed Disclosure by City Commission Members of Solicitation on Behalf of
Nonprofit Organization.
A. Disclosure.
Any member of the City Commission who directly solicits gifts on behalf of a nonprofit
organization from a vendor, lobbyist on a procurement issue, real estate developer and/or
lobbyist on a real estate development issue shall disclose, on a form available in the City Clerk's
Office, the date of solicitation and the name of the individual solicited. The form shall be filed in
the City Clerk's Office as a public record within 10 business days from the date in which the
subject solicitation occurred.
B. Definitions.
(1) The term "gift" shall have the meaning ascribed to such term in Miami-Dade County
Code Section 2-11.1 (e).
(2) The term "nonprofit organization" shall have the meaning ascribed to such term in
Miami-Dade County Code Section 2-11.1(e)(2)(g) and shall mean any entity described in
sections 501(c)(3) and 501(c)(4) of the Internal Revenue Code (the "Code") that is tax exempt
under section 501(a) of the Code.3
(3) The terms "vendor", "lobbyist on a procurement issue", "real estate developer" or
"lobbyist on a real estate development issue", shall have the meaning ascribed to such terms in
Chapter 2, Article VII, Division 5 of the Miami Beach City Code.
2 Citizens United v. Federal Election Commission, 558 U.S. 310, 371 (2010).
3 See, f.n.#2, above.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict 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 021 day of l{ , 2016.
PASSED and ADOPTED this 1/ day of /7q , 2016.
ATTEST: j
Philip Le e
Mayor •
I ti. s 1 B iq4 , /
Rafael E. Granado 0• ••..•• , :7 4.t*
City Clerk ,r 4� APPROVED AS TO
.... FORM & LANGUAGE
Underline denotes additions = * d ( &FOR EXECUTION
denotes deletio...s* INCORP ORATED: ( 5 (z_ f i1
Double underline denotes ad•'90 at Seco s �eading)/ • —'
denotes ci rns at�'Cnd Ittf+ l . City Attorney Date sir
(Sponsored by Commissioner Krigt7021 9 alez)
F:\ATTO\AGUR\RESOS-ORD\2016\Rosen-Gonzalez\CM Ordinance 05-11-16 2nd Reading Changes.docx
MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MOIALES
FROM: RAUL J. AGUIL SECOND READING
CITY ATTORN PUBLIC HEARING
DATE: MAY 11, 2016
SUBJECT: 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 ENTITLED "OFFICERS,
EMPLOYEES AND AGENCY MEMBERS", ADDING THERETO SECTION
2-461 ENTITLED "DISCLOSURE BY CITY COMMISSION MEMBERS OF
SOLICITATION ON BEHALF OF NONPROFIT ORGANIZATION",
REQUIRING CITY COMMISSION MEMBERS WHO SOLICIT GIFTS ON
BEHALF OF A NONPROFT ORGANIZATION FROM A VENDOR,
LOBBYIST ON A PROCUREMENT ISSUE, REAL ESTATE DEVELOPER
AND/OR LOBBYIST ON A REAL ESTATE DEVELOPMENT ISSUE, TO
DISCLOSE THE DATE OF SOLICITATION AND NAME OF INDIVIDUAL
SOLICITED, DISCLOSURE TO BE FILED IN CITY CLERK'S OFFICE;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
Pursuant to the request of City Commissioner Kristen Rosen Gonzalez, the attached
Ordinance has been drafted for the purpose of amending the City's Standards of Conduct for
Elected Officials to include a requirement that members of the City Commission disclose direct
solicitations by them of gifts on behalf of a nonprofit organization (as such term is defined in
Section 2-11.1(e)(2)(g), from a vendor, real estate developer, and/or their respective lobbyists (as
said terms are defined in City Code Sections 2-487 through 2-490).
Although the practice of elected officials soliciting on behalf of nonprofit organizations is
generally permitted by County ethics laws', there is presently no requirement that such solicitation
be made public via disclosure. Accordingly, and in light of the City's prior establishment of
certain classes of donors (vendors, real estate developers, and their respective lobbyists) as
presenting the greatest threat of perceived undue influence, Commissioner Rosen Gonzalez has
proposed this legislation which will mandate public disclosure in those instances in which the
City's elected officials have directly solicited this limited class of donors for gifts to nonprofit
organizations.
Note: This County law is subject to the State's ethics laws which prohibit elected officials from soliciting a gift
from a vendor or lobbyist where such gift is for the personal benefit of the official, another reporting individual
or procurement employee, or any member of their immediate family, as well as from a political committee. Fla.
Stat. secs. 112.3148(2)(a)and 112.31485.
Agenda Item C Z E
Date - 11-k.
This Ordinance passed on First Reading at the April 27, 2016 Commission meeting with
an amendment to the definition of"nonprofit organization" in Section 2-461(c)(2) to include those
entities described in section 501(c)(4) of the Internal Revenue Code concerning social welfare
organizations and local associations of employees.
•
12NE I NEIGHBORS MIAMN �'
MIAMI BEACH CCTV OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
MAY 11,2016.
NOTICE IS HEREBY given that public hearings will be held by the Mayor and •
City Commissioners of the City of Miami Beach, Florida, in the Commission
Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach,.
Florida,on Wednesday,May 11,2016, at the times listed,or as soon thereafter
as the matter can be heard,to consider:
11:00 a.m.
An Ordinance Amending Miami Beach City Code Chapter 2,ArticleVll,Division
2 Entitled"Officers,Employees And Agency Members',AddingTherato Section
2-461 Entitled "Disclosure By City Commission Members Of Solicitation On
Behalf Of Nonprofit Organization,' Requiring City Commission Members Who
Solicit Gifts On Behalf Of A Nonprofit Organization From A Vendor, Lobbyist
On A Procurement Issue, Real Estate Developer And/Or Lobbyist On A Real
Estate Development Issue,To DiscleseThe Dato Of Solicitation And Name Of
Individual Solicited, DisclosuroTo Be Filed In City Clerk's Office; Providing For
Repealer, Severability, Codification, And An Effective Date. This Ordinance
is being heard pursuant to Section 2.05 of rho City Charter and 3166:041 FS.
inquiries may be directed to the Office of the City Attorney at 305.673.7470. The item was
- deferred by
acclamation to the
June 8, 2016 City
Oa'o gibAuld Cur tali I 4ififiatosievlsvn.01 Cetaiesf nom LobLying
. . _... _ . _ Commission
._. _ Meeting on first
- - reading with
the Office of the C'tyAtturney..ft 305.679 Zf70 - recommendations.
INTERESTED PARTIES are invited to appear at this meeting,or be represented
by an agent, or to express their views in writing addressed to the City
Commission, efo the City Clerk, 1700 Convention Center Drive, 1" Floor,
City Hall, Miami Beach, Florida 33139.These items are available for public
inspection during normal business hours in the Office of the City Clerk,
1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida
33139.This meeting, or any item herein, may be continued, and under such
circumstances, additional legal notice need not be provided.
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that
if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at its meeting or its hearing, such person
must ensure that a verbatim record of the proceedings is made;which record
includes the testimony and evidence upon which the appeal is to be based.
This notice does riot constitute consent by the City for the introduction or
admission of otherwise inadmissible or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
To request this material in alternate format;sign language interpreter(five-day
notice required),information on access for persons with disabilities,and/or any
accommodation to review any document or participate in any City'sponsored
proceedings; call 305.604.2489 and select 1 for English or 2 for Spanish,
then option 6;TTY users may call via 711 (Florida Relay Service).
Rafael E.Granado,City Clerk
City of Miami Beach