BIE - Resignation of Adv. Brd Members, Candidate Campaigns. (03/01/2024)M IAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
MEETING DATE:
SUBJECT:
Mayor Steven Meiner and Members of the City Commission
Awa r. Hodak. cry wanaser fit ltlai. h,-
March 13, 2024
BUSINESS IMPACT ESTIMATE FOR:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
MIAMI BEACH CITY CODE, ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND
COMMITTEES," BY AMENDING DIVISION 1, EN TITL ED
"GENERALLY," BY AMENDING SECTION 2-22 THEREOF, ENTITLED
"GENERAL REQUIREMENTS," BY CREATING SUBSECTION 2-22(24)
TO PROVIDE THAT IN THE EVENT THAT AN APPOINTEE TO A CITY
AGENCY, BOARD, OR COMMITTEE WHO IS ENGAGED TO PROVIDE
SERVICES, FOR COMPENSATION, TO EITHER (1) A CANDIDATE FOR
CITY ELECTED OFFICE, OR (2) A POLITICAL COMMITTEE OR
ELECTIONEERING COMMUNICATIONS ORGANIZATION EXPENDING
FUNDS FOR OR AGAINST CANDIDATES FOR CITY ELECTED
OFFICE, SUCH ENGAGEMENT SHALL BE DEEMED A TENDER OF
RESIGNATION FROM SUCH CITY AGENCY, BOARD OR COMMITTEE;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
0 Yes □No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
□The proposed Ordinance is required for compliance with Federal or State law or
regulation;
□The proposed Ordinance relates to the issuance or refinancing of debt;
□The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
□The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
□The proposed Ordinance is an emergency ordinance;
□The Ordinance relates to procurement; or
Business Im pact E stim ate
P age 2
□The proposed Ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growt h policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041 (4), Florida Statutes.
1. A summary of the proposed Ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the Ordinance, as well as in the recitals to the
Ordinance itself, which are attached hereto.
2. Th e City of Miami Beach estimates that the proposed Ordinance will have no direct
economic impact on private, for-profit businesses in the City of Miami Beach, that the
pro posed Ordinance will have no direct compliance costs that businesses may
reasonably incur; that the proposed Ordinance will not impose any new charge or fee for
which businesses will be financially responsible, and that the proposed Ordinance will not
impact the City of Miami Beach's regulatory costs and will not generate any revenue from
new charges or fees.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The City of Miami Beach estimates that no businesses are likely to be impacted by the
proposed Ordinance.
, 4. Additional co mments: None.
Al\ I Li J\A I A.J:
I I -
OFFICE OF THE CITY ATTORNEY
RAFAEL A . PAZ , CITY ATTORNEY
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
Alina T. Hudak, City Manager
FROM: Rafael A. Paz, City Attorney fr~
DATE: January 31, 2024
FIRST READING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH
CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE 111,
ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 2-22
THEREOF, ENTITLED "GENERAL REQUIREMENTS," BY CREATING
SUBSECTION 2-22(24) TO PROVIDE THAT IN THE EVENT THAT AN
APPOINTEE TO A CITY AGENCY, BOARD, OR COMMITTEE WHO IS
ENGAGED TO PROVIDE SERVICES, FOR COMPENSATION, TO EITHER (1) A
CANDIDATE FOR CITY ELECTED OFFICE, OR (2) A POLITICAL COMMITTEE
OR ELECTIONEERING COMMUNICATIONS ORGANIZATION EXPENDING
FUNDS FOR OR AGAINST CANDIDATES FOR CITY ELECTED OFFICE, SUCH
ENGAGEMENT SHALL BE DEEMED A TENDER OF RESIGNATION FROM
SUCH CITY AGENCY, BOARD OR COMMITTEE ; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
The proposed Ordinance was prepared at the request of Commissioner Joseph Magazine for
consideration on first read ing at the January 31 , 2024 City Comm ission meeting.
On September 21 , 2023 , the City Commission enacted an ordinance providing that, as a condition
of eligibility of an appointment to any City advisory board , the appointee voluntarily agrees that
if the appointee files with the City Clerk a Statement of Candidate formally announcing candidacy
for City elective office, such filing with the City Clerk shall be deemed a tender of resignation from
the City agency, board or committee, and the member's automatic resignation shall thereby
immediately create a vacancy in the agency, board , or committee.
Similar to the concerns raised regarding candidates for elected City office serving on City boards
and committees, ethical concerns have been raised regarding persons who are engaged to
provide paid services to candidates campaigning for City elected office, and whether it is in the
City's best interest to structure appointments to city boards and committees to avoid any potential
for misuse of official position or appearance of impropriety, i.e., with persons potentially using an
appointment to an advisory board to secure paid work for themselves from candidates running for
office.
Accordingly, the proposed Ordinance amends Section 2-22 of the City Code, to require that if an
appointee is engaged to provide services, for compensation, to either (1) a candidate for City
elected office, or (2) a political committee or electioneering communications organization
expending funds for or against candidates for City elected office, such engagement shall be
deemed a tender of resignation from such City agency, board or committee.
Notably, nothing in the proposed Ordinance would preclude any person from exercising their
constitutionally protected right of political affiliation and advocacy, but would only preclude
compensation for such affiliation or advocacy while serving as a member of a City agency, board
or committee.
This ordinance, if approved, would apply prospectively to any advisory board or committee
member's future engagement, for compensation, by a candidate's campaign or a PAC/ECO
supporting or opposing candidates for City elected office.
RAP/RFR
ORDINANCE NO. ______ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH
CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Ill,
ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 2-22
THEREOF, ENTITLED "GENERAL REQUIREMENTS," BY CREATING
SUBSECTION 2-22(24) TO PROVIDE THAT IN THE EVENT THAT AN
APPOINTEE TO A CITY AGENCY, BOARD, OR COMMITTEE WHO IS
ENGAGED TO PROVIDE SERVICES, FOR COMPENSATION, TO EITHER (1)
A CANDIDATE FOR CITY ELECTED OFFICE, OR (2) A POLITICAL
COMMITTEE OR ELECTIONEERING COMMUNICATIONS ORGANIZATION
EXPENDING FUNDS FOR OR AGAINST CANDIDATES FOR CITY ELECTED
OFFICE, SUCH ENGAGEMENT SHALL BE DEEMED A TENDER OF
RESIGNATION FROM SUCH CITY AGENCY, BOARD OR COMMITTEE; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the State Code of Ethics and Miami-Dade County Ethics Code (collectively,
the Code of Ethics) applies to advisory board members; and
WHEREAS, one of the important objectives of the Code of Ethics is to ensure that
covered persons do not use their public office for private gain; and
WHEREAS, for this reason, the Code of Ethics contains a prohibition on the misuse of
official position, but these matters are extremely difficult to prove, as witnesses are often
reluctant to come forward to report or testify as to various potential violations of the Code of
Ethics; and
WHEREAS, on September 13, 2023, the City Commission adopted an ordinance
providing that if an appointee files with the City Clerk a Statement of Candidate formally
announcing candidacy for City elective office, such filing with the City Clerk shall be deemed a
tender of resignation from the City agency, board or committee, and the member's automatic
resignation shall thereby immediately create a vacancy in the agency, board, or committee; and
WHEREAS, similar to the concerns raised regarding candidates for elected City office
serving on City boards and committees, ethical concerns have been raised regarding persons
who are engaged to provide paid services to candidates campaigning for City elected office, and
whether it is in the City's best interest to structure appointments to city boards and committees
to avoid any potential for misuse of official position or appearance of impropriety, i.e., with
persons potentially using an appointment to an advisory board to secure paid work for
themselves from candidates running for office; and
WHEREAS, based on the foregoing, this Ordinance amends Section 2-22 of the City
Code, to require that if an appointee is engaged to provide services, for compensation, to either
(1) a candidate for City elected office, or (2) a political committee or electioneering
communications organization expending funds for or against candidates for City elected office,
such engagement shall be deemed a tender of resignation from such City agency, board or
committee.
1
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Section 2-22 of Article Ill, of Chapter 2 of the City Code, entitled "Administration,"
is hereby amended as follows:
CHAPTER2
ADMINISTRATION
* * *
ARTICLE Ill. AGENCIES, BOARDS AND COMMITTEES
DIVISION 1. GENERALLY
* * *
Sec. 2-22. General requirements.
Except as otherwise specifically provided:
* * *
(24) If an appointee is engaged to provide services, for compensation, to either (1) a
candidate for City elected office. or (2) a political committee or electioneering
communications organization expending funds for or against candidates for City
elected office, such engagement shall be deemed a tender of resignation from
such City agency, board, or committee.
* * *
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. subsection, clause, or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
2
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the ___ day of ______ ~ 2024.
PASSED AND ADOPTED this ___ day of _______ , 2024.
ATTEST:
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Joseph Magazine)
3
Steven Meiner, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney ~ Date