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OFFICE OF THE CIry ATTORNEY
RAUL J. AGUILA, CIryATTORNEY
COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
SECOND READING
FRoM: RAUL J A-G-r,"2^t Cur,['-
CITY ATTORNEY
DATE: DECEMBER 17, 2014
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", ARTIGLE VII "STANDARDS OF
CONDUCT", DIVISION 2 "OFFICERS, EMPLOYEES AND AGENCY
MEMBERS", SECTION 2.462 THEREOF ENTITLED "PROHIBITING
MEMBERS OF CITY COMMISSION FROM HAVING CERTAIN
POST.SERVICE CONTRACTS WITH CITY," TO CLARIFY
ELIGIBILITY REQUIREMENTS RELATED TO A CIry COMMISSION
MEMBER'S POST.SERVICE CONTRACT WITH THE CIry OF
MIAMI BEACH AND TO SPECIFY THAT WAIVER REQUESTS OF
SAID POST.SERVICE CONTRACT PROSCRIPTION SHALL BE
LIMITED TO FORMER CITY COMMISSION MEMBERS AND/OR
SITTING CITY COMMISSION MEMBERS WHO HAVE SUBMITTEDAN IRREVOCABLE LETTER OF RESIGNATION EFFECTTVE
IMMEDIATELY UPON SUCH GRANT OF WAIVER; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
Pursuant to the request of City Commissioner Micky Steinberg, the attached Ordinance
was prepared for the purpose of amending Miami Beach City Code Section 2-462
entitled: "Prohibiting Members of City Commission from Having Certain Post-Service
Contracts with City". The subject amendments expressly provide that requests for waiver
shall be limited to former members of the City Commission (having left City service within
the proscribed two year period) and/or sitting members of the City Commission who have
Agenda ltem PSB
Date t2-17-l(311
submitted an irrevocable letter of resignation, effective immediately upon the grant of
waiver.
It should be noted that inasmuch as this measure strengthens the City's ethics laws,
voter approval is not required, and the City Commission has jurisdiction to review and
deliberate thereonl.
The attached Ordinance was approved on First Reading on November 19, 2014.
Pursuant to Section 5.02 of the City's Charter, the proposed Ordinance is expected to
have minimal economic impact.
' Sec. 1.05. Public Vote Required Prior to Enacting Less Stringent Standards to City's Code of
Conduct: "Any change to the City of Miami Beach code of conduct, set forth in City Code
Chapter 2, Article Vll, whether through exemption, repeal or other wise, which creates less
stringent standards of conduct shall first be approved by a majority vote of the electors of the
City of Miami Beach".
312
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", ARTICLE VII..STANDARDS OF CONDUCT", DIVISION 2 "OFFICERS, EMPLOYEES AND
AGENCY MEMBERS", SECTION 2462 THEREOF ENTITLED ..PROHIBITING
MEMBERS OF CITY COMMISSION FROM HAVING CERTAIN POST.
SERVICE CONTRACTS WITH CITY" TO CLARIFY ELTGTBILITY
REQUIREMENTS RELATED TO A CIry COMMISSION MEMBER'S POST-
SERVICE CONTRACT WITH THE CITY OF MIAMI BEACH AND TO SPECIFY
THAT WAIVER REQUESTS OF SAID POST.SERVICE CONTRACT
PROSCRIPTION SHALL BE LIMITED TO FORMER CITY COMMISSION
MEMBERS AND/OR SITTING CITY COMMISSION MEMBERS WHO HAVE
SUBMITTED AN IRREVOCABLE LETTER OF RESIGNATION, EFFECTIVE
IMMEDIATELY UPON SUCH GRANT OF WAIVER; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND
CITY 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", Division 2 "Officers,
Employees and Agency Members", Section 2-462 thereof entitled "Prohibiting
Members of City Commission from Having Certain Post-Service Contracts with
City" is hereby amended as follows:
Sec. 2462. - Prohibiting Members of City Commission from Having Certain
Post-Service Contracts with City.
(a) For a period of two years after leaving city service, no member of the city
commission shall be eligible to apply for or to serve as employee, independent
contractor, or agent for the city, or otherwise enter into any contract (other
than for voluntary, noncompensated services) with the city on any matter.
(b) The provisions of this section shall apply to all individuals elected or
appointed/re;elected or re;appointed to serye on the city commission
subsequent to the oriqinal effective date of this section.
(c) The requirements of this section may be waived, for former members of the
citv commission (havinq left citv service within the two year period set forth in
subsection (a) above), and/or sittinq members of the citv commission who
have submitted an irrevocable letter of resiqnation effective immediately upon
the qrant of waiver. by upon a five-sevenths vote of the city commission upen
a finding Of+ne-eity-eemmissien that the public interest would be served by
such waiver.
313
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.
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 2014.
PASSED and ADOPTED this day of 2014.
ATTEST:
MAYOR PH]LIP LEVINE
RAFAEL E. GRANADO, CIry CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIONM '',"('*Citv Atlornev Dote
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