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2008-3607 OrdinanceORDINANCE NO. 2008-3607 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE SECTION 2-451 ENTITLED "USE OF POSITION TO ~ SECURE SPECIAL PRIVILEGES" BY PROHIBITING A CITY OFFICER OR EMPLOYEE FROM USING HIS OFFICIAL POSITION TO SOLICIT CLIENTS OR CUSTOMERS FOR HIS PRIVATE BUSINESS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Section 2-451 entitled "Use of Position to Secure Special Privileges" is hereby amended to read as follows: Sec. 2-451. Use of Position to Secure Special Privileges. for the officer or employee's private business. SECTION 2. REPEALER. A11 ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Note: ~Shaded~ laneua~e reflects changes made on First Reading ~ No officer or employee of the city shall use or attempt to use his official position to secure special privileges or exemptions for himself or others, except as may be otherwise provided by law. 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 maybe renumbered or re-lettered to accomplish such intention, and the word "ordinance" maybe changed to "section," "Article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the 5th day of July PASSED and ADOPTED this 25th ATTEST: day of June ROBERT PARCHER, CITY CLERK Requested by Mayor Matti Herrera Bower 2008. 2008. A Matti Herrera Bower /~PPROAIfO AS TO f0leM b WVOiIAGE ~ ROR EXECUTION F:\atto\OLIJ\ORDINANCES\Amending Sec 2-451 - Neighborhoods.doc m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.aov Office of the City Attorney, Jose Smith, City Attorney, 305-673-7470 COMMISSION MEMORANDUM DATE: June 25, 2008 TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE GONZALEZ SECOND READING FROM: JOSE SMITH CITY ATT NEY SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE SECTION 2-451 ENTITLED "USE OF POSITION TO SECURE SPECIAL PRIVILEGES" BY PROHIBITING A CITY OFFICER OR EMPLOYEE FROM USING HIS OFFICIAL POSITION TO SOLICIT CLIENTS OR CUSTOMERS FOR HIS PRIVATE BUSINESS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Pursuant to the request of Mayor Matti Herrera Bower, and as amended on first reading (May 14, 2008), the attached Ordinance has been drafted for the purpose of amending City Code Section 2-451 entitled "Use of Position to Secure Special Privileges" so as to further strengthen this ethics code provision by prohibiting a City Officer or employee from using his official position to solicit clients or customers for his private business. On May 28, 2008, the Neighborhoods/Community Affairs Committee considered this matter and approved the proposed Ordinance for second reading as amended. The attached Ordinance is thus ready for City Commission review. Agenda Item F:\atto\OLIJ\CMEMO\Use of Position to Secure Special Privileges.doc Date, RS ~ to-as o8 .C ;` NOTICE'OF PUBI.fC;- HEARING - , M ~" ti07'ICE IS HEREBY given that a second reading and public hearing will.be-held by the City Commission. of the ~ a4 Miami Beach,-tn the Commission Chambers, 3rd floor, Cdy Hall, 1700 Convention Center Drive, Miami l3each, Florida, ~ Wednesday, June 25,.2008 at 10:15 a.m., To Cnnsider:~n Ordinance-Amending Miami Beach City Cade ffi Section 2-451 F_r[titied `Use Of Position To Secure Sp~ial PrivHeg~" By Prahikiting A Cdy Officer Or Employee Frem Using His Official Position T© SoFat Clierrts Or Customers For His Private Busutess. ,,~ i!tl~RIES maybe directed to the City Attorney's Officeat 1305) 673-7470. ~` Nd1~RESTED PAE3~JESare invited to appearat this meeting, or be represented by an egent, or to express their views in wrrtin_q addressed to the'City Commission, sJo"the Oity-Clefk,1700 convention Center Drive,1 st Floor, City fiaN, li~rii Beaali; Florida 33139. Ttiis meefing may be opened.andxon~nued and, undeTSUCh circumstancesadd ._ ~ iegai nofice wot-ldnot~e~rovided. °= - - ~Roberl.l:. Parcher o r' Cfty'Clerk s - City of Miami Beach m - ..~ . ~ Pursuadtdo Section 286:D't05, Fla. ~, the C'dy hereby advises the public that: "if a person decides to :appeal 4 any decision made by the City Commission with respect to ate matter tonsideted at its meeting or its hearing, such person must ensure that a verbafim record ~uf-the;proceedmgs ~~nade, uvhichTecord includes the testinwny '° and evidence upon" which the, appeal is to be~based. This notice _does.#iot eonstihite consent iiy the City for the ir~ducfion or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appealsnot otherwise.at~wedby law. .. _ ~ ~ ~, To request thismaierial inaccessible~format, sign language interpreters, information on access for persons with ; disabilities, and%or any accommodation to review..any document or participate iq arry city-spofisored proceeding, please .contact (305) 604-.2489 (voice), (305) .673-7218(1-fly five :days in advance to initiate your reques#. TTY users may also cal 71 i ,(F.lorida~elay S@rvice). (Ad #491). f ~ fj- /~ ~~ J-~ .(. Q