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OFFICE OF THE CITY ATTORNEY
RAULJ. AGUIIA, CITY ATTORNEY COMMISSION MEMORANDUM
TO:MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM:RAUL J. AGUILA&^]. 05,.\-
CITY ATTORNEY
DATE: SEPTEMBER 2, 2015
SUBJECT: RESOLUTION CALLING NOVEMBER 3, 2015 SPECIAL ELECTION
AMENDMENT TO CITY CODE SECTION 2459 ENTITLED: ..CERTAIN
APPEARANGES PROHIBITED".
Pursuant to the request of City Commissioner Joy Malakoff, the attached
Resolution has been prepared calling for a City of Miami Beach Special Election to be
held on November 3, 2015 for the purpose of submitting to the City's voters the
following question:
GITY CODE SECTION 2459, WHICH PROHIBITS CIry BOARD MEMBERS AND
THEIR ASSOCTATES FROM LOBBYING CITY PERSONNEL AND AGENCIES,
ALREADY HAS AN EXCEPTION ALLOWING LOBBYING FOR NON.PROFIT
ENTITIES. SHOULD THIS SECTION BE AMENDED TO ALSO INCLUDE AN
EXCEPTION ALLOWING HISTORIC PRESERVATION AND DESIGN REVIEW
BOARD MEMBERS WHO ARE ARCHITECTS OR LANDSCAPE ARCHITECTS TO
LOBBY CITY PERSONNEL AND AGENGIES ON LAND DEVELOPMENT
APPLICATIONS, EXCEPT FOR APPLIGATIONS BEFORE THE BOARD ON WHICH
THEY SERVE?
This proposal seeks to amend City Code Section 2-459, in the City's Code of
Ethics, by providing for an exception from the prohibition on lobbying by City officials.
The exception would be limited to Historic Preservation Board ("HPB") and Design
Review Board ("DRB") members who are architects or landscape architects, and would
allow those members to lobby City personnel or officials, except for members of the
boards on which they serve. Because the proposed exemption would lessen the
Agenda ltem R-? D
Date -{22-l{893
stringency of City Code Section 2-459, a public vote is required pursuant to City Charter
Section 1.05.
Commissioner Malakoff has proposed this ballot measure as part of her envisioned
comprehensive legislative reform towards streamlining and otherwise improving the
City's development review process. The prohibition on lobbying by all board members
set forth in City Code Section 2-459, although laudable in concept, has served to
discourage qualified design professionals from serving on the HPB and DRB, as such
service prevents them from lobbying the City on behalf of their clients. By amending
the Code to allow for a limited exception whereby such architecUlandscape architect
HPB and DRB members may lobby the City (while maintaining the existing prohibition
on lobbying (i) other members of the board on which the HPB or DRB member serves
or (ii) related City staff), the City will have a greater opportunity to attract qualified
design professionals for such City service.
Finally, pursuant to a directive of the Miami-Dade County Elections Department,
the final date by which the City may adopt a Resolution placing a ballot measure on the
November 3, 2015 ballot is September 4, 2015. Accordingly, this matter is timely
presented to the City Commission and adoption of the attached Resolution may take
place at today's meeting.
F:\ATTO\AGUR\I\4EMOS\CITY CODE SECTION 2-459 Comm Memo.docx
894
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CIry OF
MTAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 3, 2015 SPEGIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF
THE CIry OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER CITY
CODE SECTION 2459 SHOULD BE AMENDED TO PROVIDE FURTHER
EXCEPTION ALLOWING HISTORIG PRESERVATION AND DESIGN REVIEW
BOARD MEMBERS WHO ARE ARCHITECTS OR LANDSCAPE ARCHITECTS TO
LOBBY GITY PERSONNEL AND AGENCIES ON LAND DEVELOPMENT
APPLTCATIONS, EXCEPT FOR APPLICATTONS BEFORE THE BOARD ON
WHICH THEY SERVE.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
ln accordance with provisions of the Charter of the City of Miami Beach, Florida and the
general laws of the State of Florida, a Special Election is hereby called and directed to be held
in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 3, 2015,
for the purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election otficials shall conduct the
said Special Election hereby called, with acceptance of the certification of the results of said
Special Election to be performed by the City Commission. The official returns for each precinct
shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all
precincts have been tabulated.
SECTION 3.
That the said voting precincts in the City of Miami Beach of said Special Election shall be
as established by the proper and appropriate Miami-Dade County Election Officials. All electors
shall vote at the polling places and the voting precincts as determined by the Miami-Dade
County Election Officials as set forth in the attached Exhibit "A".1
1 As of date, the City of Miami Beach has not received from Miami-Dade County Elections Department the final list of
polling places for the City's November 3, 2015 Special Election. Accordingly, attached to this Resolution is a list of
bolling places from the City's November 2014 Special Election, which upon receipt from the County, will be
superleded by the Department of Elections' list of polling places for the City's subject November 3,2015 Special
Election, whlch tist of polling places for the City's November 3,2015 Special Election will be publicly noticed by the
City.
895
SECTION 4.
Not less than thirty days notice of the adoption of this Resolution and of its provisions
calling this Special Election shall be given by publication in the Miami Herald, a newspaper of
general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be
made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3
of the Code of the City of Miami Beach.
SEGTION 5.
The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOT]CE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:OO
A.M. UNTIL 7:OO P.M. ON THE 3,d DAY OF NOVEMBER, 2015, AT WHICH
TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
CITY CODE SECTION 2459:
ESTABLISH FURTHER EXCEPTION TO
PROHTBITION ON LOBBYING BY CITY BOARD MEMBERS
City Gode Section 2459, which prohibits Gity board members and their associates from
tobbying City personnel and agencies, already has an exception allowing lobbying for
non-profit entities. Should this Section be amended to also include an exception allowing
Historic Preservation and Design Review Board members who are architects or
tandscape architects to lobby Gity personnel and agencies on land development
applications, except for applications before the Board on which they serve?
YES
NO
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and shall further set forth pertinent information
regarding eligibility of electors to participate in said election.
896
SECTION 6.
That the official ballot to be used in the Special Election to be held on November 3,
2015, hereby called, shall be in substantially the following form, to-wit:
..OFFICIAL BALLOT''
GITY CODE SEGTION 2-459:
ESTABLISH FURTHER EXCEPTION TO
PROHIBITTON ON LOBBYTNG BY GITY BOARD Ii'IEMBERS
City Code Section 2459, which prohibits City board members and their associates from
lob-bying Gity personnet and agencies, already has an exception allowing lobbying for
non-irofit eniiiies. Should this Section be amended to also include an exception allowing
Historic Preservation and Design Review Board members who are architects or
landscape architects to lobby City personnel and agencies on land development
applications, except for applications before the Board on which they serve?
YES
NO
SEGTION 7.
The form of the ballots to be used in this Special Election and their preparation shall be
in compliance with all statutory requirements relating to the use of mechanical or other approved
voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in accordance
with the general law of the State of Florida governing voter registration. Qualified persons may
obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention
Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at
such other voter registration centers and during such times as may be provided by the
Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of
Elections will register voters for this Special Election until 5:00 p.m. on October 5, 2015. All
persons eligible to vote at this Special Election must be registered before the time and date set
forth herein or have registered previously, as provided by law. Each person desiring to become
a registered voter shall be responsible for properly filling out the registration form and returning
it to the Miami-Dade County Elections Office. All questions concerning voter registration should
be directed to the Miami-Dade County Elections Office, 27OO N.W. 87th Avenue, Doral, Florida
33172; Telephone: (305) 499-VOTE (8683).
897
SEGTION 9.
That the absentee voters participating in said Special Election shall be entitled to cast
their ballots in accordance with the provisions of the Laws of the State of Florida with respect to
absentee voting.
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special Election
and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION {1.
lf any section, sentence, clause or phrase of the ballot measure set forth above in this
Resolution 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 said ballot measure.
SECTION 12.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this daY of
ATTEST:
2015
Philip Levine
Mayor
Rafael E. Granado
city crerk ,88[[8Yi',-8i,lBt
(Sponsored by City Commissioner Joy Malakoff) & FoR EXECUTIoN@*':*
-cifyTtotney
Dole\vNts
898
EXHIBIT "A"
MIAAAIBTACH
MIAMI BEACH SPECIAL ELECTION
NOVEMBER 4, 2014
MIAMI BEAGH PREGINCTS LIST
PCT Place Name Location PCT Place Name Location
01 1.0 Biscayne Elementary
School
800 77"'Street 031.0 Miami City Ballel 2200 Liberty Avenue
013.0 North Shore Branch
Librarv
7501 Collins Avenue 032.0 Miami Beach Regional
Librarv
227 22"" Slreel
014.0 North Shore Park Youth
Center
501 72"'Street
ii aatJ-:ij
033.0 Miami Beach Senior
Hioh School
2231 Praine Avenue
015.0 Normandy Shores Golf
Club
2401 Biarritz Drive ffi 036.0 Miami Beach Police
Athletic Leaoue
999 1 1'' Street
018.0 lndian Creek Fire Station
#4
6880 lndian Creek
flriva q
037.0 MiamiBeach Cig Hall 1700 Convention
Center Drive
019.0 Normandy Park & Pool 7030 Trouville
Esplanade j:
038.0 Veterans Foreign War
Post #3559
650 West Avenue
020.0 Ronald W. Shane Center 6500 lndian Creek
Drive
040.0 South Pointe Elementary
School
1050 4'Street
022.0 Miami Beach Fire Station
#3
5303 Collins Avenue 041.0 South Shore Community
Center
833 6"' Street *12
023.0 Miami Beach Fire Station
#3
5303 Collins Avenue 442.0 Feinberg Fisher K-8
Center School
601 14-Place
024.0 Nautilus Middle School 4301 N. Michigan
Avenue
--it#it:Fd#043.0 Miami Beach Police
Denartment
1 100 Washington
Avenue
025.0 St. Johns on the Lake
Methodist Church
4760 Pine Tree Drive WL
;?4b
044.0 South Pointe Park
Communifu Center
l Washington
Avenue
028.0 Temple Beth Sholom 4144 Chase Avenue .?i;&*:ffii 047.0 Rebecca Towers 200 Alton Road
029.0 North Beach Elementary
School
4100 Prairie Avenue 048.0 Rebecca Towers 200 Alton Road
030.0 Miami Beach Botanical
Garden
2000 Convention
Center Drive atr==,
Please note that the above list is subject to change, if needed.
The voting precincts for the November 4, 2014 City of Miami Beach Special Election shall be as established by the proper and appropriate
Miami-Dade County election officials. On Election Day, all electors shall vote at the polling places and the voting precincts in which the
official registration books show that said electors reside. Please ncte that the above list is subject to change. All questions concerning polling
places and voting precincts should be directed to Miami-Dade County Elections Department, 2700 NW 87 Avenue, Doral, Florida 33172i
Telephone: 305.499.VOTE (8683) or 305.499.8480 TYY.
Rafael E. Granado, City Clerk
City of Miami Beach
899
GITY CODE SEGTION 2.459:
PROPOSED BALLOT QUESTION AND AMENDED CITY CODE TEXT
NOVEMBER 3,20{5 SPECIAL ELEGTION
t. PROPOSED BALLOT QUESTION:
CITY CODE SECTION 2.459:
ESTABLISH FURTHER EXCEPTION TO
PROHIBITION ON LOBBYING BY CITY BOARD MEMBERS
Gity Gode Section 2459, which prohibits Gity board members and their associates from
lobiying Gity personnet and agencies, already has an exception allowing lobbying for
non-profit entities. Should this Section be amended to also include an exception allowing
Historic Preservation and Design Review Board members who are architects or
landscape architects to lobby City personnel and agencies on land development
applications, except for applications before the Board on which they serve?
YES
NO
II. PROPOSED GITY CODE TEXT:
City of Miami Beach Code section 2-459. "Certain appearances prohibited."
(a) No member of a city board, agency or committee or a member of any board, agency or
committee created hereafter which is designated as a board, agency or committee subject to
the purview of this section shall:
(1) Either directly orthrough an associate, appear, represent or act on behalf of a third
person before the city commission or any city agency with respect to any agency action sought
by the third person.' (2) Either directly or through an associate be engaged as a lobbyist for and on behalf of
a third person with respect to any official action by any public officer sought by such third
person.
(b) Definitions. As used in this section, the following definitions shall apply:
Agency means any board, commission, committee or authority of the city, whether
advisory, ad hoc or standing in nature.
Associafe means any person or entity engaged in or carrying on a business enterprise
with a city agency member as a partner, joint venturer, or co-corporate shareholder where the
shares of such corporation are not listed on any national or regional stock exchange or co-
owner of property. Associate shall further include a business affiliation with a city agency
member where an "employee" or "of counsel" relationship exists.
Lobbyist means all persons, firms, or corporations employed or retained, whether paid or
not, by a p6ncipal who seeks to encourage the passage, defeat, or modification(s) of any of the
following: (1) ordinance, resolution, action or decision of any commissioner; (2) any action,
decision, or recommendation of any city board or committee; or (3) any action, decision or
recommendation of the city manager, deputy city manager, assistant city managers, all
department heads, all division heads, city attorney, chief deputy city attorney, deputy city
attorneys, and/or all assistant city attorneys (except when such personnel are acting in
conneition with administrative hearings) during the time period of the entire decision-making
900
process on such action, decision or recommendation which foreseeably will be heard or
reviewed by the city commission or a city agency. "Lobbyist," as defined above, specifically
includes the principal, as described above, as well as any agent, attorney, officer or employee of
a principal, regardless of whether such lobbying activities fall within the normal scope of
employment of such agent, attorney, officer or employee.
(1) For purposes of this section, and with limited applicability to those agencies that are
not standing in nature, "lobbyist" shall exclude any person who only appears as a representative
of a not for profit corporation or entity (such as a charitable organization, a neighborhood or
homeowner association, a local chamber of commerce or a trade association or trade union)
without special compensation or reimbursement for the appearance, whether direct, indirect or
contingent, to express support of or opposition to any item.
(2) For purposes of this section, and with limited applicability to those
agencies that are standing in nature.a. Lobbying by a board, agency or committee member shall be permitted when
such person is affiliated with a not for profit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of commerce or a
trade association or trade union) in a capacity other than as a managerial employee and
appears as a representative of that particular not for profit corporation or entity without special
compensation or reimbursement for the appearance, whether direct, indirect or contingent, to
express support of or opposition to any item.
b. Lobbying by the associate of a board, agency or committee member shall be
permitted.
(i) When a board, agency or committee member is affiliated with a not for
profit corporation or entity in a capacity other than as a managerial employee, and the subject
associate is appearing as a representative of that particular not for profit corporation or entity
without special compensation or reimbursement for the appearance, whether direct, indirect or
contingent, to express support of or opposition to any item.
(ii) when a board, agency or committee member is a managerial
employee of a not for profit corporation or entity, and the subject associate is appearing as a
representative of that particular not for profit corporation or entity without special compensation
or reimbursement for the appearance, whether direct, indirect or contingent, to express support
of or opposition to any item and is affiliated with said not for profit corporation or entity in a
capacity other than as a managerial employee.
c. The term "managerial employee" shall mean any employee of a nonprofit
corporation or entity who has supervision and operational responsibilities/control of all or some
departments of said entity.' (3) For purposes of this section. and with limited applicabilitv t9. Historic
Preservation Board and/or Desiqn Review Board members who are architgcti ,or
rd to la said activ
ind Citv agencies other than the jlqengv (i.e.. Historic
Preservaiion Board or Desiqn Review Board) on which the subiect Board member sery9s
erve in their capacitv as staff to such aqencv. Tlis
ffiibit such architects or landscape archite-ctg ser,vinq on,th=e
rvation Board and/or Desiqn Review Board from submitti
boa on be member
oard his or her representation.of the lppli.can! qrJd
from speakinq or votinq or otherwise participating in the
review or approval of such application.
Pubyp officer means any person elected or appointed to hold office in the city, as a
member of an agency which shall include an advisory body.
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