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1 ORDINANCE NO. _____ _
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3 An Ordinance amending Section SA-4(a) of the City of South Miami's Code
4 of Ordinances to repeal the part that states that a Commission member may
5 not attempt to indirectly influence a decision or act of a member of a board.
6
7 WHEREAS, Section 8A-4(a) of the City of South Miami's Code of Ordinances states
8 that the mayor and commissioners of the city are hereby prohibited from:
9 "Attempting directly or indirectly to influence the decision or official act of any
10 member of any board of the city"; and
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12 WHEREAS, the Sunshine law does not prohibit communication between a member of
13 one board and a member of another board; and
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15 WHEREAS, the term "attempting to indirectly influence" is very broad and may even
16 prohibit a casual conversation; and
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18 WHEREAS, the Commission is the final arbiter of matters brought to it from the boards;
19 and
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21 WHEREAS, there might be 50 out of South Miami's 12,000 residents with whom
22 Commission members converse with on a regular basis to give them feedback on many issues.
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24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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27 Section 1: Section 8A-4(a) of the City of South Miami's Code of Ordinances shall
28 hereby be amended to read as follows:
29 (a) Attempting directly or indirectly to influence the decision or official act of any
30 member of any board of the city.
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32 Section 2: Codification. The provisions of this ordinance shall become and be made
33 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
34 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
35 "ordinance" may be changed to "section" or other appropriate word.
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37 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
38 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
39 shall not affect the validity of the remaining portions of this ordinance.
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41 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
42 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
43 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
44 that give the appearance of being in conflict when the two ordinances can be harmonized or
45 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
46 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
47 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
48 to harmonize the two ordinances shall be repealed.
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2 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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4 PASSED AND ENACTED this __ day of ,2012.
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6 ATTEST: APPROVED:
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10 CITY CLERK MAYOR
11 1 st Reading
12 2nd Reading
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14 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
15 LANGUAGE, LEGALITY AND Mayor Stoddard:
16 EXECUTION THEREOF Vice Mayor Liebman:
17 Commissioner Newman:
18 Commissioner Harris:
19 Commissioner Welsh:
20 CITY ATTORNEY
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