Ordinance 2024-4617ORDINANCE NO.1 2024-4617
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 III,
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 an&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.
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 III, of Chapter 2 of the City Code, entitled "Administration,"
is hereby amended as follows:
CHAPTER 2
ADMINISTRATION
ARTICLE III. AGENCIES, BOARDS AND COMMITTEES
DIVISION 1. GENERALLY
Sec. 2-22. General requirements.
Except as otherwise specifically provided:
24) If an appointee is enaaaed 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 enaaaement shall be deemed a tender of resianation 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.
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SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect on the a � day of , 2024.
PASSED AND ADOPTED this IS'-:- day of , 2024.
ATTEST: 1,t -;r..
Steven Meiner, Mayor
MAY 2 1 2024
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Joseph Magazine)
Co -Sponsored by Commissioner David Suarez
Co -Sponsored by Mayor Steven Meiner
Co -Sponsored by Commissioner Tanya IC Bhatt
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City AttorneyW�� Date
in
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Ricardo J. Dopico, City Attorney
DATE: May 15, 2024
10:15 a.m. Second Reading Public Hearing
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 Ili, 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.
BACKGROUND/HISTORY
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in
lobbying? No
If so, specify name of lobbyist(s) and principal(s): N/A
ANALYSIS
See attached Commission Memorandum.
The Business Impact Estimate (BIE) was published on March 1, 2024.
See BIE at: https;//www.miamibeachfl.ggyLcity-hall/city-clerk/meeting-notices/
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Is this a "Residents Right to
Know" item,_pursuant to
City Code Section 2-14?
No
Legislative Tracking
Office of the City Attorney
Does this item utilize G.O.
Bond Funds?
No
Sponsor
Commissioner Joseph Magazine and Co-sponsored by Commissioner Suarez and Mayor Meiner
ATTACHMENTS:
Description
Commission Memorandum
Ci dirio1075
�,A I A Nyf ! R F A C- H
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
/.—� FIRST READING
FROM: Rafael A. Paz, City Attorney
DATE: January 31, 2024
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 III,
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 reading at the January 31, 2024 City Commission 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.
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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.
RAPIRFR
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