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OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mr. Jimmy Morales, City Manager
Mr. Jose Smith, City Attorney
Mr. Rafael Granado, City Clerk
Commissioner Deede Weithorn
April 9, 2013
Referral To Neighborhood/Community Affairs Committee
An Ordinance Amending Miami Beach City Code Chapter 2 Entitled "Administration,"
Article VII Entitled "Standards Of Conduct," Division 2 Entitled "Officers, Employees, And
Agency Members," By Amending Section 2-446 Thereof Entitled "Declaration Of Policy"
To Provide For Limited Standards Of Conduct Applicable To The City's Special Masters,
And Creating City Code Section 2-461 Establishing Special Master Lobbying Prohibitions;
Providing For Repealer, Severability, Codification, And An Effective Date.
In an effort to promote good government practices and standards, I am proposing an amendment to
Chapter 2, Article VII, Division 2 of the Miami Beach City Code through which the Chief Special Master
and Special Master will be required to adhere to the StandardsofConductexpected to be followed by all
officers, employees, and agency members of the City of Miami Beach. Further, I am proposing new
language to be included in Section 2-461 establishing lobbying prohibitions on special masters.
As noted in the proposed ordinance, similar to Judges, the City's Chief Special Master and all Special
Masters are tasked with important decision making authority on code enforcement and historic
preservation matters which require them to be impartial and adhere to the highest ethical standards in
performing their duties.
Please do not hesitate to contact my office at extension 7105 with any questions and/or concerns.
Thank you,
Deede Weithorn, Commissioner
City of Miami Beach
ATTACHMENTS
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Agenda Item C ifF
Date lf-1'1-13
ORDINANCE NO. -------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER
2 ENTITLED "ADMINISTRATION," ARTICLE VII ENTITLED "STANDARDS OF
CONDUCT," DIVISION 2 ENTITLED "OFFICERS, EMPLOYEES, AND
AGENCY MEMBERS," BY AMENDING SECTION 2-446 THEREOF ENTITLED
"DECLARATION OF POLICY" TO PROVIDE FOR LIMITED STANDARDS OF
CONDUCT APPLICABLE TO THE CITY'S SPECIAL MASTERS, AND
CREATING CITY CODE SECTION 2-461 ESTABLISHING SPECIAL MASTER
LOBBYING PROHIBITIONS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
' WHEREAS, the Chief Special Master and Special Masters for the City of Miami Beach
that hear code enforcement matters for the City are appointed pursuant to Article II of Chapter
30 of the City Code and the City's Historic Preservation Special Master is appointed pursuant to
Section 118-537 of the City Code; and
WHEREAS, much like Judges, the City's Chief Special Master and all other City Special
Masters are tasked with important decision-making authority on code enforcement or historic
preservation matters which require them to be impartial and to adhere to the highest ethical
standards in performing their duties.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Chapter 2, Article VII, Division 2 of the Miami Beach City Code is hereby amended
in part to read as follows:
Chapter 2
ADMINISTRATION
* * *
Article VII. STANDARDS OF CONDUCT
* * *
Division 2. Officers, Employees, ami Agency Members and Special Masters.
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Sec. 2-446. -Declaration of policy.
It is the policy of the city commission that no officer or employee of the city, or any of its
agencies or subdivisions, and no member of the city commission, shall have any interest,
financial or otherwise, direct or indirect, or engage in any business transaction, or professional
activity, or incur any obligation of any nature that is in substantial conflict with the proper
discharge of his duties in the public interest. To implement such policy and strengthen the faith
and confidence of the people of the city in their government, there is enacted a code of ethics,
setting forth standards of conduct to be observed by all city officers and employees. and
limited standards of conduct to be observed by the City's Chief Special Master and Special
Masters as expressly set forth herein. in the performance of their official duties. It is the intent
of the city commission that this code shall serve not only as a guide for official conduct of
public servants in this city, but also as a basis for discipline of those who violate the provisions
of this article.
* * *
2-461. Special Masters: Lobbying Prohibitions.
(a) In addition to lobbying restrictions imposed by City resolution, those lobbying
restrictions set forth In City Code sections 2-26 (prohibiting City Board members from lobbying
before the Board they served on for one year following cessation of service thereon) and 2~
459 {prohibiting City Board members from lobbying City personnel during their City service)
shall have like applicability to the City's Chief Special Master and the Special Masters (except
for those provisions set forth in Code sections 2459(b)(1) and (2)). All such references in
those City Code sections to City Agency, Board or Committee members shall be applicable to
the Chief Special Master and the Special Masters, thus prohibiting the Chief Special Master
and the Special Masters from:
.L Dlrectly or indirectly lobbying during one's tenure as a Chief Special Master or a
Special Master (per Code section 2-459); and
2. Lobbying before a Chief Specie! Master or a Special Master for one year after
leaving City service (per Code section 2-26).
(b) This section shall not apply to any individual who Is serving as the City's Chief
SQecial Master or Special Master as of the date of the adoption of this Code language, and
who entered into a lobbying contract prior to the effective date of this Code language
{Ordinance No. , effective , 2013), Any person who is appointed or reappointed as
the Chief Special Master or as a Special Master subsequent to the effective date of Ordinance
No. shall be subject to the provisions therein.
(c) The validity of any actlon or determination of the Chief Special Master or of a Special
Master, or related action of the City, shall not be affected by the failure to comply with the
provisions of this section.
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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, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the ___ day of April, 2013.
PASSED and ADOPTED this ___ day of April, 2013.
ATTEST:
MATTI HERRERA BOWER
MAYOR
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Deede Weithorn)
Underline denotes additions and strike through denotes deletions
APPROVED AS TO
FORM & LANGUAGE
FOR CUTtON
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ORDINANCE NO. -------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER
2 ENTITLED "ADMINISTRATION," ARTICLE VII ENTITLED "STANDARDS OF
CONDUCT," DIVISION 2 ENTITLED "OFFICERS, EMPLOYEES, AND
AGENCY MEMBERS," BY AMENDING SECTION 2-446 THEREOF ENTITLED
"DECLARATION OF POLICY" TO PROVIDE FOR LIMITED STANDARDS OF
CONDUCT APPLICABLE TO THE CITY'S SPECIAL MASTERS, AND
CREATING CITY CODE SECTION 2-461 ESTABLISHING SPECIAL MASTER
LOBBYING PROHIBITIONS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Chief Special Master and Special Masters for the City of Miami Beach
that hear code enforcement matters for the City are appointed pursuant to Article II of Chapter
30 of the City Code and the City's Historic Preservation Special Master is appointed pursuant to
Section 118-537 of the City Code; and
WHEREAS, much like Judges, the City's Chief Special Master and all other City Special
Masters are tasked with important decision-making authority on code enforcement or historic
preservation matters which require them to be impartial and to adhere to the highest ethical
standards in performing their duties.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Chapter 2, Article VII, Division 2 of the Miami Beach City Code is hereby amended
in part to read as follows:
Chapter 2
ADMINISTRATION
* * *
Article VII. STANDARDS OF CONDUCT
* * *
Division 2. Officers, Employees, ami Agency Members and Special Masters.
103
Sec. 2-446. -Declaration of policy.
It is the policy of the city commission that no officer or employee of the city, or any of its
agencies or subdivisions, and no member of the city commission, shall have any interest,
financial or otherwise, direct or indirect, or engage in any business transaction, or professional
activity, or incur any obligation of any nature that is in substantial conflict with the proper
discharge of his duties in the public interest. To implement such policy and strengthen the faith
and confidence of the people of the city in their government, there is enacted a code of ethics,
setting forth standards of conduct to be observed by all city officers and employees, and
limited standards of conduct to be observed by the City's Chief Special Master and Special
Masters as expressly set forth herein, in the performance of their official duties. It is the intent
of the city commission that this code shall serve not only as a guide for official conduct of
public servants in this city, but also as a basis for discipline of those who violate the provisions
of this article.
* * *
2-461. Special Masters: Lobbying Prohibitions.
(a) ln addition to lobbylng restrictions imposed by Ci!v resolution, those lobbying
restrictions set forth herein and in City Code sections 2~26 (prohibiting Citv Board members
from lobbying before the Board they served on for one year following cessation of service
thereon) and 2-459 (prohibiting Citv Board members from lobbying Cltv personnel during their
Citv service) shall have llke applicabilitY to the City's Chief Special Master and the Special
Masters (except for those provisions set forth in Code sections 2-459(b)(1) and (2}). All such
references in those City Code sections to Ci!v Agencv. Board or Committee members shall be
applicable to the Chief Special Master and the Special Masters. thus prohibiting the Chief
Special Master and the Special Masters from:
.L Directly or indirectly lobbying during one's tenure as a Chief Special Master or a
Special Master (per Code section 2-459); and
2. Directly or indirectly lobbying before any City officer, board. Chief Special Master, or
Special Master, in connection with any judicial or other proceeding. application* RFP,
RFQ, bid, or other determination, contract, claim, or controversy. charge, accusation,
arrest or other particular subject matter in which the City or one of tis agencies or
instrumentalities is a party or has any interest whatsoever: whether direct or indirect,
for a period of two (2) years after leaving City service.
{b) This section shall not apply to any individual who is serving as the City's Chief
Special Master or Special Master as of the date of the adoption of this Code language, and
who entered into a lobbying contract prior to the effective date of this Code language
{Ordinance No. . effective , 2013). Any person who is appointed or reappointed as
the Chief Special Master or as a Special Master subsequent to the effective date of Ordinance
No. shall be subject to the provisions therein.
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(c) The validity of any action or determination of the Chief Special Master or of a Special
Master, or related action of the City, shall not be affected by the failure to comply with the
provisions of this section.
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, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the ___ day of April, 2013.
PASSED and ADOPTED this ___ day of April, 2013.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Deede Weithorn)
MATTI HERRERA BOWER
MAYOR
Underline denotes additions and strike throblgh denotes deletions
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