R5B-Supplemental Abstention -Disclosure Requirements -Malakoff-av
OFFICE
AA]AMIBEACH
OF THE CITY ATTORNEY
RAUI AGUIIA, CITY ATIORNEY
TO:
COMMISSION MEMORANDUM
SECOND READING
PUBLIC HEARING
HONORABLE MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
FROM:
DATE: MAY 21,2014
SUBJECT: AN ORDINANCE AMENDING MIAMI BEACH CITY CODE
SECTION 2.458 ENTITLED: "SUPPLEMENTAL ABSTENTION
AND DISCLOSURE REQUIREMENTS'' BY PROVIDING THAT A
CITY OF MIAMI BEACH ELECTED OR APPOINTED PUBLIC
OFFICER WITH A CONFLICT OF INTEREST ON A PARTICULAR
MATTER SHALL ABSENT HIMSELF FROM THE AGENCY
MEETING ON WHICH HE SERVES DURING SAID AGENCY'S
DISCUSSION OF THAT MATTER.
Pursuant to the request of City Commissioner Joy Malakoff, the attached
Ordinance has been drafted for the purpose of strengthening the City of Miami Beach's
Code of Conduct with regard to abstention requirements of elected and appointed public
officers of the City, set forth in City Code section 2-458.
Although existing Code section 2-458 prohibits a City public officer with a conflict
of interest on a particular matter from participating in his Board's discussion of that
matter, the Code does not require that public officer to leave the meeting during the
Board's discussion of that matter. Inasmuch as Miami-Dade County ethics laws
(applicable to City personnel) requires only elected officials of the City to leave the
meeting in instances of a conflict of interest, the attached Ordinance thus strengthens
the City's Code of Conduct by expressly extending the applicability of this requirement
to all public officers of the City, both elected and appointed.
This amendment to the City's ethics laws serves to augment the City's intent of
transparency in government, and will once more place the City of Miami Beach at the
forefront of local ethics legislation.
The Ordinance was submitted and passed on First Reading at the April 23,2014
City Commission meeting, and is submitted for adoption by the City Commission on
Second Reading.
Asenda lt". RSB
I
RAUL AGUTLA, crry ArroRNe/(v / J,.l. "-
Date S),-lU
-t_
289
E MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Joy V. W. Molokoff, Commissioner
DATE: April 4,2014
SUBJECT: ORDINANCE AMENDING MIAMI BEACH CITY CODE SECTION 2-458
ENTITLED: "Supplemenlol Abstention ond Disclosure Requirements" BY
PROVIDING THAT A CITY OF MIAMI BEACH ELECTED OR APPOINTED
PUBLIC OFFICER WITH A CONFLICT OF INTEREST ON A PARTICULAR
MATTER SHALL ABSENT HIMSELF FROM THE AGENCY MEETING ON
WHICH HE SERVES DURING SAID AGENCY'S DISCUSSION OF THAT
MATTER.
Pleose ploce the obove item on the April 9, 20l4City Commission ogendo for first
reoding.
JWVM
We oE canmtfied to proid)p excellent public settce ond scfett, to ci! '/,/ha !i,,,e, work, and ploy )n our vibrc.t, ttopical, ttistotjc connunjl,,/.290
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 "STANDARDS OF
CONDUCT'', SECTION 2458 THEREOF ENTITLED "SUPPLEMENTAL
ABSTENTION AND DISCLOSURE REQUIREMENTS'' BY PROVIDING THAT
A CITY OF MIAMI BEACH ELECTED OR APPOINTED PUBLIC OFFICER
WITH A CONFLICT OF INTEREST ON A PARTICULAR MATTER SHALL
ABSENT HIMSELF FROM THE AGENCY MEETING ON WHICH HE SERVES
DURING SAID AGENCY'S DISCUSSION OF THAT MATTER; PROVIDING
FOR REPEALER, SEVERABILIW, CODIFICATION, AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND
GITY COMMISSION OF THE CIry OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Chapter 2 of the Miami Beach City Code entitled
"Administration", Article Vll "Standards of Conduct", Section 2-458 thereof
entitled "Supplemental Abstention and Disclosure Requirements" is hereby
amended as follows:
Sec. 2458. Supplementat abstention and disclosure requirements.
ln addition to those conflict of interest abstention and disclosure
requirements currently required by state and/or county law, the following
requirements shall also apply to public officers:
(a) Co nfl i cti n g relatio n sh i ps.
(1) A public officer with a conflict of interest on a particular matter is
prohibited from participating in that matter and shall further absent himself from
the Aoencv meetino on which he serves durinq its discussion of the subiect item.
"Participation" means any attempt to influence the decision by oral or written
communication, whether made by the officer or at the office/s direction.
(2) Written disclosures of conflict of interest shall contain the full
nature of the conflict at issue, including, but not limited to, names of individuals
whose relationship with the officer results in the subject conflict, and all material
facts relevant to the conflict issue. The written memorandum disclosing conflict of
interest shall be stated into the record before any discussion begins on the
subject agenda item. This written disclosure memorandum must be filed
regardless of whether the officer possessing the conflict was in attendance or not
during eensideratien ef the subjeet item at the subiect Aqencv meetinq.
2291
(b) Other relationships requiing disclosure. ln those instances involving
neither a legal conflict or declared appearance of conflict, each public officer shall
further disclose by written disclosure and public announcement the existence of
any family and/or business relationship of which the public officer is aware, with
any person or business entity who is directly benefited by the subject vote of the
agency on which the public officer serves. This written disclosure memorandum
must be filed regardless of whether the subject public officer was in attendance
or not during consideration of the subject item.
(c) [Duration of requiremenfs./ The disclosure requirements set forth in
subsections (aX2) and (b) above shall have continuing applicability for a period of
up to 18 months after the subject relationship has ended.
(d) Definitions. As used in this section, the following definitions shall apply:
Agency shall mean any board, commission, committee or authority
of the city, whether advisory, ad hoc or standing in nature.
Busrness relationship (for purposes of subsection (b) above) shall
mean the situation in which a public officer has a relationship with a person or
business entity wherein:
(1) The person/business entity is a customer of the public
officer (or of his/her employer) and transacts more than $10,000.00 of the
business of the public officer (or of his/her employer) in the 12-month period
immediately preceding the subject vote; or
(2) The public officer is a customer of the person/business
entity and transacts more than $10,000.00 of the business of the
person/business entity in the 12-month period immediately preceding the subject
vote.
(3) The $10,000.00 threshold referenced hereinabove shall
be adjusted annually to reflect increases in the Consumer Price lndex.
Family shall mean the spouse, domestic partner, parents,
stepparents, in-laws, children, and stepchildren of the public officer.
Public officer includes any person presently serving who has been
elected or appointed to hold office in any agency.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
lf 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.
292
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
PASSED and ADOPTED this
day of 2014.
day of 2014.
ATTEST:
RAFAEL E. GRANADO
CIry CLERK APPROVED ASTO
FOill4 & LA['IGUAGE
'\&FOREYiECUTION)/r
PHILIP LEVINE
MAYOR
4
(Requested by City Commissioner Joy Malakoff.)
293
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City ot Miami Beach
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