131 ORDINANCE NO. ----------------
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3 An Ordinance amending Section 8A-2(1) to provide clarification as to the
4 meaning of language of the limitation period for filing an ethics complaint
5 and to provide for the repose of complaints.
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7 WHEREAS, the existing statute of limitations for the filing of an ethics complaint with
8 the city provides that "no action may be taken on a complaint filed more than one year after the
9 violation is alleged to have accrued"; and
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11 WHEREAS, the word "accrue" is a legal term derived from Latin, meaning literally to
12 "grow to"; and
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14 WHEREAS, the term "accrued" is not used in a criminal context in the law; and
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16 WHEREAS, the word "accrued" is generally used to mean the time when a civil cause of
17 action may be maintained; and
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19 WHEREAS, the City'S Ethics Code is not criminal in nature and is more in tune with a
20 civil code violation and would not subject a party to incarceration; and
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22 WHEREAS, a violation of the City's Ethic's Code is likely to not be obvious and may
23 even be disguised or hidden from the citizens of the City.
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26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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29 Section 1. Section 8A-2 (1) shall be amended to read as follows:
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31 Statute of limitations. No action may be taken on a complaint filed more than one year after the
32 violation is alleged to have accrued. The word "accrued" shall have its normal civil meaning and
33 it shall be interpreted in the same manner as the term is used to define when a cause of action
34 may be brought or maintained in civil court. A violation is alleged to have accrued when it is
35 known, or should have been known to have occurred, by the complainant. However, in no event
36 shall a violation accrue more than five (5) years after the occurrence of the violation.
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39 Section 2. Codification. The provisions of this ordinance shall become and be made
40 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
41 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
42 "ordinance" may be changed to "section" or other appropriate word.
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1 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
2 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
3 shall not affect the validity of the remaining portions of this ordinance.
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5 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
6 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
7 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
8 that give the appearance of being in conflict when the two ordinances can be harmonized or
9 when only a portion of the ordinance in conflict, needs to be repealed to harmonize the
10 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
11 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
12 to harmonize the two ordinances shall be repealed.
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14 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ day of _____ , 2013.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
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APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh: