Ordinance 82-2302ORDINANCE NO. 82-2302
AN ORDINANCE OF THE CITY OF MIAMI BEACH PROHI-
BITING THE APPOINTMENT OF ANY PERSON OR CITY
EMPLOYEE TO SERVE ON ANY CITY BOARD OR COMMITTEE
WHICH SUPERVISES, HAS RESPONSIBILITY FOR, OR
MAKES RECOMMENDATIONS WITH RESPECT TO, ANY CITY
DEPARTMENT, DIVISION OR ADMINISTRATIVE FUNCTION
IN WHICH THAT PERSON OR PERSON'S SPOUSE, CHILD,
PARENT, BROTHER OR SISTER IS EMPLOYED.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1 LEGISLATIVE PURPOSE
The City Commission of the City of Miami Beach finds that certain
individuals are serving or have served on City boards and committees
which concern themselves with municipal functions in which members
of their immediate family are employed. The City Commission be-
lieves that such situations can create needless controversies and
conflicts among City employees, taint board and committee recom-
mendations, lead to potential abuses of the City's personnel system
and inhibit open discussion of personnel and related issues. These
dangers exist both for boards and committees which exercise dele-
gated powers of the City, and for advisory boards and committees
which offer recommendations to the City Manager or the City Commis-
sion. This ordinance is designed to prohibit such situations from
arising in the future.
SECTION 2 PROHIBITION
No person or City employee shall hereafter be appointed or elected
to serve on any board, committee, commission, agency or subdivision
of the City which supervises, monitors, advises, has responsibility
over, or makes recommendations with respect to, any City department,
division, office or administrative function which employs, either
within the classified system or as an independent contractor, that
person, that person's spouse, parent, child, brother or sister. Any
person appointed or elected in violation of this ordinance shall be
automatically disqualified from so serving.
SECTION 3 EXEMPTION
This prohibition shall not apply to any person now serving in any
capacity with the City of Miami Beach; however, upon expiration of
their terms of office such persons shall not be eligible for reap-
pointment or re-election.
SECTION 4 SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is, for any reason, held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portions of this Or-
dinance.
SECTION 5 EFFECTIVE DATE
This Ordinance shall take effect twenty (20) days after its adop-
tion, on April 6, 1982.
-1-
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH. FLORIDA 33139
SECTION 6 CODIFICATION
This ordinance shall be codified as Section 2-1.4, Miami Beach City
Code.
PASSED and ADOPTED this 17th day of March
1982.
ATTEST:�D,
CITY CLERK
Z777
MAYOR
(As requested by Commissioner Fromberg)
1st Reading - March 3, 1982
2nd Reading - March 17, 1982 (as amended)
TMP:ab
Rev. 3/4/82 (R -5-C, 3/3/82)
-2-
APPROVED
LEGAL DP APPROVED,
Nst
,,
Date
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
0
m • m I 0
3-+ 1 ce
a) •.0 b E
a y, G +J r+
4-) •• a) -+ a)
>, •r1 (A cC C Ul (1)
cc • U cc O a• ¢) •,-10
r O
N 4-4 0 a1 U (A • a)
O O cr) • 3-+ >, G 4J
M a) 4J (A UI
N 1J 0 ¢. (I) •r1 4-I ► •rl
.: 10 O 0 U G cn
✓ Zco E -1}
•.0 E •� )-+ o
• • O 3a u cd 4) a)
H O •r1 a) •r1 31 cd Gl }a
o z a. 3 ° $a .0
a.o • rno4-J
U
al a) >a J •r1 0
Cll a) a) 1J 4°-1 a) 0 .n
H J, r( J, (A `0 3-+
r= 0a4 of) 3a ▪ 6 0.
O 0 a. o - $4 a)
•rl I•+ •r1 •H
• ›, o cn 3 O 4 a)
•r1 •1 t~ •r1 .• y,
• •H TJ 0 (A (A 4 TJ 0
o c.) ▪ 0L 0 •rl
ro m O r+ •r1
p%oc°a +• H -)A 3 u E