LTC 083-2004 Proposed Miami-Dade County Ordinance thay may affect the City Commission
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. 083-2004
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Subject:
Mayor David Dermer and Date: April 12, 2004
Members of the City Commission
Jorge M. Gonzalez ~,f./. ~
City Manager () 0
A PROPOSED MIAMI-DADE COUNTY ORDINANCE THAT MAY
AFFECT MEMBERS OF THE CITY COMMISSION
To:
From:
I am forwarding a copy of a Miami-Dade County Ordinance Relating to Conflict of Interest
and Code of Ethics Ordinance which was heard for first reading on March 18, 2004 and
may be of interest to you.
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F:\cm L\BOB\conflictinterestordltc.doc
Attachments
c: Robert C. Middaugh, Assistant City Manager
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STEPHEN P. CLARK CENTER
MIAMI-DADE COUNTY, FLORIDA
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March 25, 2004
OFFICE OF COUNTY MANAGER
SUITE 2910
111 NW. 1 sl STREET
MIAMI, FLORIDA 33128-1994
(305) 375-5311
City of Miami Beach
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Mr. Jorge M. Gonzalez
City Manager, City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Mr. Gonzalez:
On March 18, 2004, the Miami-Dade County Board of County Commissioners heard the
first reading ordinance entitled:
ORDINANCE RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS
ORDINANCE; AMENDING SECTION 2-11.1(e) OF THE CODE OF MIAMI-DADE
COUNTY, FLORIDA, TO PROVIDE THAT COMMISSIONERS MAY SOLICIT GIFTS
ON BEHALF OF NONPROFIT ORGANIZATIONS; PROVIDING FOR DISCLOSURE
OF GIFTS HAVING A VALUE IN EXCESS OF $100.00; PROVIDING SEVERABILITY,
INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
This ordinance may have a direct fiscal impact on your municipality. A public hearing to
consider this ordinance is scheduled for the Government Operations and Environment
Committee meeting on Tuesday, May 18,2004 at 9:30am in the County Commission
Chambers located in the Stephen P. Clark Building, III NW 151 Street, 2nd Floor.
Enclosed please find a copy of the proposed ordinance for your review.
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County Manager
Cc: Miami-Dade County Board of County Commissioners
Honorable Harvey Ruvin, Clerk of the Circuit and County Courts
Robert Ginsburg, County Attorney
Assistant County Managers
Enclosure
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MEMORANDUM
Agenda Item No. l3(W)
TO:
Honorable Chairpcrson Barbam Carey-Shuler, Ed. D. DATE:
and Members, Board of County Commissioners
March 16, 2004
FROM:
Robert A. Ginsburg
County Attomey
SUBJECT:
Ordinance Relating to
Conflict ofInterest and
Code of Ethics
The accompanying ordinance was prepared and placed on the agenda at the request of
Commissioner Jose "Pepe" Diaz.
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Robert A. Ginsburg
County Attorney
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MEMORANDUM
(Re\'ised)
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TO:
Hon. Chairperson Barbara Carey-Shuler. Ed.D. DA TE:
and Members, Board of County Commissioners
March 16, 2004
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FROM: Robert A. Ginsburg
County Attorney
SUBJECT: Agenda Item !'\o. 13 (W)
Please note any items checked.
"4-Day Rule" ("3-Day Rule" for committees) applicable if raised
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6 weeks required between first reading and public hearing
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4 weeks notification to municipal officials required prior to public
hearing
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Decreas~s revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Bid waiver requiring County Manager's written recommendation
Ordinance creating a new board requires detailed County Manager's
report for public hearing
Housekeeping item (no policy decision required)
No committee review
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Approved
Veto
Override
Mavor
Agenda Item No. 13 (W)
3-16-04
ORDINANCE NO.
ORDINANCE RELATING TO CONFLICT OF INTEREST AND
CODE OF ETHICS ORDINANCE; AMENDING SECTION
2-11.l(e) OF THE CODE OF MIAMI-DADE COUNTY,
FLORIDA, TO PROVIDE THAT COMMISSIONERS MAY
SOLICIT GIFTS ON BEHALF OF NONPROFIT
ORGANIZATIONS; PROVIDING FOR DISCLOSURE OF
GIFTS HAVING A VALUE IN EXCESS OF $100.00;
PROVIDING SEVERABILITY, INCLUSION IN THE CODE,
AND AN EFFECTNE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI-DADE COUNTY, FLORIDA:
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Section I.
Section 2-11.1 of the Code of Miami-Dade County, Florida, is hereby
amended as follows:'
Section. 2-11.1.
Conflict of Interest and Code of Ethics
Ordinance.
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(e) Gifts.
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(2) Exceptions. The provisions of subsection (e)(I)
shall not apply to:
a.
Political contributions
authorized by State law;
specifically
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.
J:IORDlJOn
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Agenda Item No. 13 ( w )
Page 2
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b. Gifts from relatives or members of one's
household;
c. Awards for professional or CIVIC
achievement;
d. Material such as books, reports, periodicals
or pamphlets which are solely informational
or of an advertising nature;
e. Gifts solicited by County employees or
departmental personnel on behalf of the
County in the performance of thcir official
duties for use solely by the County in
conducting its official business;
f. Gifts solicited by Commissioners on behalf
of the County in the performance of their
official duties for use solely by the County
in conducting its official business.
>>&.
Gifts solicited bv Commissioners on behalf
of anv nonprofit organization for use solely
by that organization where neither the
Commissioncr nor his or her staff receives
any compensation as a result of the
solicitation. As used in this subsection. a
''nonorofit organization" shall mean any
entity described in section 501(c)(3) of the
Internal Revenue Code (the "Code") that is
tax exempt under section 501(a) of the
Code. As used in this subsection.
"compensation" means any monev. gift.
favor. political contribution. thing of value
or other financial bencfit.<<
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(4)
Disclosure. Any person included in the term defined
in subsection (b)(I) through (6) shall disclose as
provided herein any gift, or series of gifts from any
one person or entity, having a value in excess of
[[twElaty Ii'/e aellars ($25.00))] >>one hundred
dollars ($100.00)<<. Said disclosure shall be made
by filing a copy of the disclosure form required by
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Agenda Item No. 13 ( W)
Page 3
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Chapter 112, Florida Statutes, for "local officers"
with the Clerk of the Board of County
Commissioners simultaneously with the filing of the
form with the Secretary of State.
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...
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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 ofthis ordinance may
be renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
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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:
Approved by County Attorney as
to form and legal sufficiency:
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Prepared by:
Gerald K. Sanchez
Sponsored by Commissioner Jose "Pepe" Diaz
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