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Ordinance 1569, . . . � �. , . . � .. . ' , : � _. . . , .� o-x�zN�cE No. 1569 - '__ ` _ _ _ AN ORDINANCE AMENDING CHAPTER 2 OF "THE C4DE 4F � CITY aF NIIAMI BEACH, FLORIDA" SY REPEALING SECTIONS 2-43 TO 2-47 IN- CLUSIVE, ANU BY ADDTNG NEW SECTIONS THERETO TO BE NUMBERED AND LETTERED 2A-43 TO 2A--54, Tl� BE KNOWN AS THE "CONFLICT 4F INTEREST QRDINANCE QF THE CITY OF MIAMI BEACH." DECLARATI�N OF POLIC'Y - T�he proper operation of a democratic gov- ernment requires that public off�cials and employees and appointees of official boards be independent, impartial and responsible to the people; that public office nat be used for persanal gain; and that the public have complete con- fidence in the integrity of its govexnment, its officials and persons associated in positions of trust with the government. In recognition of these goals, there is hereby established a conflict of interest and code of ethics ordinance for all officers, officials and employees of the City of Miami Beach including every member of any Board, Commission or agency of said City, whether electad or appointed by the City Council, whether paid or ur��aid. The purpose of this Ordinance is to establish ethical stan- da=ds of conduct for all such persons hereinabove refer�ed to by setting forth t3�ose acts or actions that are incom}�atible with the best interests of th� City and by directing disclosures by 'the officers, officials and -employees of the City of Mi.ami Beach `.of privat�, financial or other interests in rnatters affecting the City, and, wHEREAS, such persons are agents of public purpose and hold office or position for the benefit of the United States, and the Constitution of this State, and the Charter and Ordinances of _this municipality and to carry out impartiall.y all laws and to foster respect for all governmen�. These persons are bound to `•observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal consideration, recognizing that the public interests must be t�eir primary concern. Their conduct should be above reproach, and, WHEREAS, it is in the best interest of the City that there be an Ordinance adopted by th� City Council setting forth with particularity the areas in which confla.cts of interest may occur and to set the policy of the City in establishing the highest ethical and moral conduct of persons serving the public interest; NOW, THEREFQRE, BE TT ORD�INED BY THE CITY COUNCIL OF THE CITY OF MrAMI BEACH, FLORIDA: SECTI�N 1: T'hat Chapter 2 of thE"Code of the City of Miami Beach, Florida" be and the same is hereby amended by adding - 1 - . . . , , � ` s � � • , . • R • • . ♦ new sections �hereto the same to be numbered, lettered, and to read as f�llows : �ECTION 2A-�4 3: Sections 2A-4 3 to 2A--5 3 of thi s Code shal l be known and referred to as the "Conflict of Interest Ordinance of the City of Miami Beach." SECTION 2A--�4 -� APPLICATION: This Ordinance shall be applied to and be binding on every officer, official or employee af the City of Miami Beach, and every member af any Board or Commission or agency of said City. SECTION 2A�-45: For the purposes of this Ordinance, the follawing words shall have the meanings respectively ascribed to them by this section. (a� T�he words "officers and official�" shall mean each and every person elected to municipal ofiic� including but not limited to members of the Council, managers, department heads, attorneys� and judqes of the City. (b) T'he word "Council" shall mean each and every member of the City Council including the Mayor. (c) T'he word "employee" shall mean each and every person employed by the City in any capacity whether as a classified em- ployee, non-classified, Assistant City Attorney, or on a contractual basis. �d} T'he words "member of any Baard, Commission, or agency" sha3.l mean each and every person appointed by the City Counca.I or by any member thereof, cr by the Ca.ty Manager, to any authority, board, commission or agency, whether autono�nous or not� of the City. SECTION ZA-4b - TRANSACTING BUSINESS WITH THE CITY TS PROHIBITED: ..� _ ._.,... 1. No officer, official, or employee, whether paid or un� paid, shall engage in any busines5 or ��-�•��a�ta,on or have a sub- stantial financial or other personal interest, dire�t ar �:ndirect, which is incompatible with the proper discharge of his officiai duties in the�public interest or would tend to impair his inde- pend�nce of judgment and action in the performance of his official duties. 2. A conflict of interest exists if the officer, official or employee has a substantial financial or personal interest in the outcome, or as owner, member, partner, officer, employee, stockholder or other participant of, or in a private business or professional enterprise that will be affected by the outcome of any matter under consideration before him. 3. A conflict of interest exists if the officer, official or employee has such interest in any matter which may be adverse ta the public interest in the proper performance of goverrunental duties by such persons or such interest as it �elates to specula- tive or investment activities that sha1Z benefit from use of con- fidential inform�tion gained from such officer, official or employee. � 2 .. � . � 4. Personal, as distinguished from financial interest, in� cludes an interest arising from blood or marriage relationship, by consanguinity or affinit� within and �rcluding the third degree. SECTION 2A-47 - DISCLOSURE O� CONFIDENTIAL INFORMATIONo No offi- . cer, of- ficial or employee, including members of any Board, Commission or agency shall use or disclose confidential information:concerning the property, government or af�airs of the City for the purpose of advancing the financial or other private interests of himself or others. SECTICIN 2A--48 -- GIFTS AND FAVORSo No ofticer, official or em- If���l ployee or member of any Board, Gommission or agency shall accept any valuable gifts, �avor or something of value, whether in the form of service, loan, mater- ial thing or promise from any person, firm or corporation which to his �nowledge is interested directly or indireetl.y in any manner whatsoever in business dealings with the City; nor shall any such person accept any gifts, favor or thing of value that may tend to influence him in the discharge of his duties or in granting any improper service, favar or thing of val�e. If it is impossible or inappro�riate to refuse the gift, then it shall be turned over to an appropriate public or charitable institution. No councilman shall accept any valuable giftst comrnissions or payment, whether in the form of service, loan, material thing or promise from any person, firm or corporation in connection with �ny transaction between such latter person, firm or corporation and the City whethe= such transaction is contemplated, under negotiation, pending completion or completed. SECTI�N ZA-49 - APPEARANCES AND INTERVENTION: No officer, offi- cial, employee, or Assistant City Attorney, who receives compensation shall appear ;before the City Council or any Board, Commission, department or �agency of the City in �ehalf of private interests in any matter :which will be in eonflict with his duties as such officer, offi- �cial, or employee. Any such person may appear before the City agencies on behalf of his constituents in the course of his duties as a representative of the electorate or the performance of ci�ic obligations wherever no retainer, compensation or gift shall be accepted in connection with such representation. � . In the event members of the City Council, in the course of -their business or profession currently represent persons with �rnatters before the City Council for determination by that body, .then in such cases the Councilman shall disclose such representa- tion and shall promptly abstain front such consideration. deter- mination and �ouncil action. Shouid a matter connected with such representation require solely adrninistrative action by a depart- ment or agency of the City� then no direct personal intervention or representation shall be undertaken b�r the Councilman with such department or agencX. In the event a Counciiman does desire to intervene personally in such a matter before a department head or agency he shall formally present the matter under consideration in writing to the City Manager and any act�on required shall be undertaken through the office of the City Manager thereafter. � 3 - SECTION 2A-50 - INTEREST OF BOARD MEMBERS: No member of any �w���w��rir�r � ����■r■� r������� Board, Commission or agency of said City, whether elected or appointed, whether paid ar unpaid, shall have any f inancial or personal interest in the outcome of any matter comin� before such member in his official capacity either as owner, member, partner, officer, employee, stockholder, or other participant of, or in a private business or professional enterprise that will be affected by the outcome of such matter coming before such Board, Commission or agency. Such person shall disclose on the record of the Council or to his superior or ather appointed body or authority the existence of an interest therein and shall disqualify himself from voting or acting on such matters. Personal, as distinguished f'rom f inancial interest shall include interest arising froar blood or marriage relationship by consanguinity or aff inity within and including the third degree. SECTION 2A-51 - VIOLATIONS 4F THIS ORDINANCE: Any contract, agreement or busi� ness engagement entered into in violation of this Ordlnance shall render the transaction void where so provided in the Charter, otherwise same shall be voidable. Willful violations of this Section shall constitute a malfeasance in office, whether elected or appointed, and shall effect forfeiture of such office or position pursuant to the method set forth in this Ordinance. SECTION 2A-52 - CHARGES �ND HEARINGS: Any classified employee of __.�.., �,_ .____._._._.__.__.._, the City of Miami Beach accused of a vialation of the provisions of this Ordinance shall be removed as such employee by his appointing off icer if, after investigation by such appointing off icer, such accusation appears to be true. Written charges shall be preferred against such em- ployee as provided for by the Personnel Rules of the City of Miami Beach. In the event of an alleged violation of this Ordinance by an off icer or off icial or appointed member of Commission or agency or employee other than a classified employee, then full written specifica�ions of the alleged violation shall be sworM to by the person making sueh charges and duly submitted to the City Council. The City Council sh,all determine if there exists a prima facie and bona fide alleged uiolation of this Ordinance by a majority vote of the Council (except that if the alleged violation touches or concerns a member of the Council} such member shall be dis- qualif ied from participating in such determination and the vote required shall be 5/6 of the remaining members of the Council. If such charges appear to eonstitute a violation of the Ordinance by such vote of the Council, then the written specif ications constituting such alleged violation shall be served upon the person so char�ed and the Council shall set a public hearing not less than 15 days thereafter for a determinatian of the validity of sueh charges. If, upon competent evidence presented to the Council at such hearing, the charges are substantiated and it appears that this Ordinance has been violated, the Council, by a majority vote oF all its members except where the person charged i$ a member of the Council, in which case the vote required shall be 5/6 of the remaining members of the Council, shall remove the person charged from his off ice and responsibilities as an officer, official or member of a Board, Commission or a�ency of the C ity. � . ' ' • r . . ♦ t ' : � _ . •. SECTION., 2A:53��, CLUSION,ARY PROVISION: Nothit�� contained herein shall be construed so as to prohibit any contractual employee from entering into a cantract with a lessee o� the City Aud�tori��_or Conventian Hall, or of f icer, a�ent or employee of such lessee, by the terms of whi.ch such contractual employee is to handle the publicity or �aublic relations of auch lessee, the City Council being of the opinion that such a�reements are unique and that the best interests of the City require that such contractual employeea be excluded from the provisions here�of . SECTION 2A-�� , CONFLICTING ORDINANCES: This Ordinance shall "'-""" """""�"'-"' re pe a 1 any Ord inanc e or section thereof which may conflict with an of the provisions contained herein, and particularly Section 2�3 to 2-�47 inclusive, of the Code of the City of Miami Heach. This Ordinance shall be cumulative, and not be construed to amend or affect any other of the Ordinances or the Charter of the City of Miami Beach, except as set forth herein. SECTIDN 2: This Ordinance shall become effective immediately upon it9 passage and posting as required by law. PA5SED and AD4PTED this llth day of November, 1g65, ATTEST: City lerk lst reading - October 7, 1g65 2nd reading - October 7, 1965 3rd reading - November 11, 1965 POSTED - November 16, 1.965 w�w STATE OF F�,ORIDA COU�TTY �F DA:DE s i, Ro '�=���o �o JOHI.'VSOV, City Clerk in and ior the ; City of i�iiami Beach, Florida, do hereby certify that ; ' Ord�.nance i'� 0 1569 entitled � "AN ORDINANCE AMENDING CHAPTER 2 � OF 'THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA' BY REPEALING SECTIONS 2-43 to 2-47INCLUSIVE, AND BY ADDING NEW SECTIONS THERETO TO BE NUMBERED AND LETTERED 2A=43 to 2A-54, TO BE KNOWN AS THE 'CONFLICT OF INTEREST ORDINANCE OF THE CITY OF MIAMI BEACH'" having been �assed and ado�ted by the City Council of the City o£ P�iami Beach� Florida, has �een �oosted by me in three cons�icuo�s places in the City of i'�iiami Seachf one oi which was at the door of the Cit� Hall in said City on the 16th da�� of November, 1965, anc� tha�t saic� Ordinance reinained posted for a�eriocl o� at least thirty days in accordance wit�z the rec�uirements o� �th� Cit�r Charter o� the said Cit�r of rqiami Beach o IN V�?ITNE�S WH�REOF 3 have hereunto set my hand and affixed the official seal o� the City or Miami Beach, Florida, on th� s the 19th daJT oi January, 1966. � Ci ty C rk `�� , ` .W^ ',1"^� u ! 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