211 ORDINANCE NO. ______ _
2
3 An Ordinance amending Section SA-I, Subsection I of the City of
4 South Miami's Code of Ordinances to facilitate retention of design
5 professionals and to avoid conflicts on volunteer review boards.
6
7 WHEREAS, The City desires to keep design professionals on its volunteer review
8 boards; and
9
10 WHEREAS, Design professionals frequently obtain compensated work within the city
11 limits that creates potential conflicts with their board-assigned voting duties; and
12
13 WHEREAS, Florida Statute 112.3143 and the County Code of Ordinances Sec. 2-11.1
14 both prohibit board members from voting on conflicted matters, but do not require their removal
15 from the board itself; and
16
17 WHEREAS, The City of Coral Gables, Florida Code of Ordinances includes language
18 that has withstood the test of time and which specifically addresses conflicts involving design
19 professionals and other board members in ways that would improve the function of board and
20 commission meetings in the City of South Miami.
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
24
25 Section 1. Section 8A-l, subsection I of the City of South Miami's Code of
26 Ordinances shall be amended to read as follows:
27
28 (1) Certain appearances and payment prohibited.
29
30 (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before
31 any city board or agency and make a presentation on behalf of a third person with respect to any
32 matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other
33 benefit sought by the third person. Nor shall the person receive any compensation or gift, directly
34 or indirectly, for services rendered to a third person, who has applied for or is seeking some
35 benefit from the city or a city agency, in connection with the particular benefit sought by the
36 third person. Nor shall the person appear in any court or before any administrative tribunal as
37 counselor legal advisor to a party who seeks legal relief from the city or a city agency through
38 the suit in question.
39
40 (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before
41 the city commission or agency on which the person serves, either directly or through an
42 associate, and make a presentation on behalf of a third person with respect to any matter, license,
43 contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by
44 the third person. Nor shall such person receive any compensation or gift, directly or indirectly,
45 for services rendered to a third party who has applied for or is seeking some benefit from the city
46 commission or agency on which the person serves in connection with the pm1icular benefit
I
1 sought by the third party. Nor shall the person appear in any court or before any administrative
2 tribunal as counselor legal advisor to a third party who seeks legal relief from the city
3 commission or agency on which such person serves through the suit in question.
4
5 (3) Notwithstanding anything contained in Chapter 8A to the contrary, nothing in Chapter 8A
6 This section shall not-prohibit architects or other design professionals ("Design Professional")
7 who are serving without compensation on the-any of the City'S architectural boards or
8 committees ("Board"), whose sole function is to pass on the aesthetics of plans submitted, such
9 as the Planning Board Environmental Review and Preservation Board, or Historic Preservation
10 Board from doing business with any person or entity who submits an application or appears in
11 person, or through representatives, before the Design Professional's Board nor to prevent the
12 Design Professional from filing submitting plans on behalf of his· or her a client so long as such
l3 members DesigIl Professional discloses, in writing,tohisor herBoardalld to the City Clerk
14 make knovm their the Design Professional's relationship with· the client. representation of the
15 applicant and disqualifies himself or herself themselves from speaking~-t# voting. or otherwise
16 participating in any manner on. such application and provide4the Design Professional does not
17 lobby any city officer, elected or appointed official, city employee or any other board,
18 commission,or committee, or· members thereof: However, once an application has been
19 submitted to the city for board consideration, no person serving on the board, either directly or
20 through an associate or their firm, may be retained by any person, including the applicant, to
21 represent, appear, or make a presentation on behalf of the applicant or any other party on the
22 specific matter being considered by the board.
23
24
25
26 (4) No member of an advisory board or committee, autonomous board, or quasi-judicial board,
27 after deliberating, considering, ruling, or recommending on an application filed with the board or
28 committee upon which they serve, shall appear before a higher board or the city commission to
29 testify as an affected party. However, this section shall not prohibit the chairperson of a city
30 board or committee, or an appointed proxy, from appearing before the city commission to
31 provide the considered recommendation of that board or committee.
32
33 Section 2: Codification. The provisions of this ordinance shall become and be made
34 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
35 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
36 "ordinance" may be changed to "section" or other appropriate word.
37
38 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
39 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
40 shall not affect the validity of the remaining portions of this ordinance.
41
42 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
43 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
44 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
45 that give the appearance of being in conflict when the two ordinances can be harmonized or
46 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
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ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
to harmonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
Passed and adopted this __ t_h day of ___ , 2013.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND EXECUTION
THEREOF:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
Page 3 of3
The 2013 Florida Statutes
Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS
112.3143 Voting conflicts.-
(1) As used in this section:
(a) "Principal by whom retained" means an individual or entity, other than an agency as
defined in s. 112.312(2), that for compensation, salary, pay, consideration, or similar
thing of value, has permitted or directed another to act for the individual or entity, and
includes, but is not limited to, one's client, employer, or the parent, subsidiary, or sibling
organization of one's client or employer.
(b) "Public officer" includes any person elected or appointed to hold office in any
agency, including any person serving on an advisory body.
(c) "Relative" means any father, mother, son, daughter, husband, wife, brother, sister,
father-in-law, mother-in-law, son-in-law, or daughter-in-law.
(d) "Special private gain or loss" means an economic benefit or harm that would inure
to the officer, his or her relative, business associate, or principal, unless the measure
affects a class that includes the officer, his or her relative, business associate, or
principal, in which case, at least the following factors must be considered when
determining whether a special private gain or loss exists:
1. The size of the class affected by the vote.
2. The nature of the interests involved.
3. The degree to which the interests of all members of the class are affected by the
vote.
4. The degree to which the officer, his or her relative, business associate, or principal
receives a greater benefit or harm when compared to other members of the class.
The degree to which there is uncertainty at the time of the vote as to whether there
would be any economic benefit or harm to the public officer, his or her relative, business
associate, or principal and, if so, the nature or degree of the economic benefit or harm
must also be considered.
(2)(a) A state public officer may not vote on any matter that the officer knows would
inure to his or her special private gain or loss. Any state public officer who abstains from
voting in an official capacity upon any measure that the officer knows would inure to the
officer's special private gain or loss, or who votes in an official capacity on a measure
that he or she knows would inure to the special private gain or loss of any principal by
whom the officer is retained or to the parent organization or subsidiary of a corporate
principal by which the officer is retained other than an agency as defined in s.
112.312(2); or which the officer knows would inure to the special private gain or loss of a
relative or business associate of the public officer, shall make every reasonable effort to
disclose the nature of his or her interest as a public record in a memorandum filed with
the person responsible for recording the minutes of the meeting, who shall incorporate
the memorandum in the minutes. If it is not possible for the state public officer to file a
memorandum before the vote, the memorandum must be filed with the person
responsible for recording the minutes of the meeting no later than 15 days after the vote.
(b) A member of the Legislature may satisfy the disclosure requirements of this section
by filing a disclosure form created pursuant to the rules of the member's respective
house if the member discloses the information required by this subsection.
(3)(a) No county, municipal, or other local public officer shall vote in an official capacity
upon any measure which would inure to his or her special private gain or loss; which he
or she knows would inure to the special private gain or loss of any principal by whom he
or she is retained or to the parent organization or subsidiary of a corporate principal by
which he or she is retained, other than an agency as defined in s. 112.312(2); or which
he or she knows would inure to the special private gain or loss of a relative or business
associate of the public officer. Such public officer shall, prior to the vote being taken,
publicly state to the assembly the nature of the officer's interest in the matter from which
he or she is abstaining from voting and, within 15 days after the vote occurs, disclose the
nature of his or her interest as a public record in a memorandum filed with the person
responsible for recording the minutes of the meeting, who shall incorporate the
memorandum in the minutes.
(b) However, a commissioner of a community redevelopment agency created or
designated pursuant to s. 163.356 or s. 163.357, or an officer of an independent special
tax district elected on a one-acre, one-vote basis, is not prohibited from voting, when
voting in said capacity.
(4) No appointed public officer shall participate in any matter which would inure to the
officer's special private gain or loss; which the officer knows would inure to the special
private gain or loss of any principal by whom he or she is retained or to the parent
organization or subsidiary of a corporate principal by which he or she is retained; or
which he or she knows would inure to the special private gain or loss of a relative or
business associate of the public officer, without first disclosing the nature of his or her
interest in the matter.
(a) Such disclosure, indicating the nature of the conflict, shall be made in a written
memorandum filed with the person responsible for recording the minutes of the meeting,
prior to the meeting in which consideration of the matter will take place, and shall be
incorporated into the minutes. Any such memorandum shall become a public record
upon filing, shall immediately be provided to the other members of the agency, and shall
be read publicly at the next meeting held subsequent to the filing of this written
memorandum.
(b) In the event that disclosure has not been made prior to the meeting or that any
conflict is unknown prior to the meeting, the disclosure shall be made orally at the
meeting when it becomes known that a conflict exists. A written memorandum disclosing
the nature of the conflict shall then be filed within 15 days after the oral disclosure with
the person responsible for recording the minutes of the meeting and shall be
incorporated into the minutes of the meeting at which the oral disclosure was made. Any
such memorandum shall become a public record upon filing, shall immediately be
provided to the other members of the agency, and shall be read publicly at the next
meeting held subsequent to the filing of this written memorandum.
(c) For purposes of this subsection, the term "participate" means any attempt to
influence the decision by oral or written communication, whether made by the officer or
at the officer's direction.
(5) If disclosure of specific information would violate confidentiality or privilege pursuant
to law or rules governing attorneys, a public officer, who is also an attorney, may comply
with the disclosure requirements of this section by disclosing the nature of the interest in
such a way as to provide the public with notice of the conflict.
(6) Whenever a public officer or former public officer is being considered for
appointment or reappointment to public office, the appointing body shall consider the
number and nature of the memoranda of conflict previously filed under this section by
said officer.
History.-s. 6, ch. 75-208; s. 2, ch. 84-318; s. 1, ch. 84-357; s. 2, ch. 86-148; s. 5, ch.
91-85;s. 3,ch. 94-277;s. 1408,ch. 95-147;s.43,ch. 99-2; s. 6, ch. 2013-36.
Miami Dade County Code of Ordinances
Sec. 2-11.1. Conflict of Interest and Code of Ethics Ordinance.
(d) Further prohibition on transacting business with the County.
No person included in the terms defined in subsections (b )(1) through (6) and in
subsection (b)(9) shall enter into any contract or transact any business through a firm,
corporation, partnership or business entity in which he or any member of his immediate
family has a controlling financial interest, direct or indirect, with Miami-Dade County or
any person or agency acting for Miami-Dade County, and any such contract, agreement
or business engagement entered in violation of this subsection shall render the
transaction voidable. The remaining provisions of subsection (c) will also be applicable
to this subsection as though incorporated herein by recitation.
Additionally, no person included in the term defined in sUbsection (b )(1) shall vote on or
participate in any way in any matter presented to the Board of County Commissioners if
said person has any of the following relationships with any of the persons or entities
which would be or might be directly or indirectly affected by any action of the Board of
County Commissioners: (i) officer, director, partner, of counsel, consultant, employee,
fiduciary or beneficiary; or (ii) stockholder, bondholder, debtor, or creditor, if in any
instance the transaction or matter would affect the person defined in sUbsection (b)(1) in
a manner distinct from the manner in which it would affect the public generally. Any
person included in the term defined in sUbsection (b )(1) who has any of the above
relationships or who would or might, directly or indirectly, profit or be enhanced by the
action of the Board of County Commissioners shall absent himself or herself from the
Commission meeting during the discussion of the subject item and shall not vote on or
participate in any way in said matter. (Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73-45, §
2,5-1-73; Ord. No. 86-11, § 1, 2-18-86; Ord. No. 86-24, § 1,4-1-86)
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -NOVEMBER 5, 2013
in the XXXX Court,
was published in said newspaper in the issues of
10125/2013
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor prom' d any person, firm or corporation
any discount, reb ,om mission refund for the purpose
of se 'g thi advertl ent for p blication in the said
---+-_~-/:;" . A .. 20~
MARIA MESA personally known to me
l~~~fiJ~~ B, THOMAS
,,'" -Conymission # DO 937532
ExpIres November 2,2013
Bonded Thru Troy Fain 1niu(~eoo.385-7019
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English and Spanish. We're your
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Come & Enjoy: Music, Arts, Crafts, ~
Unique One-Of-A-Kind Items & Gifts, -'"
Home Decor, Handmade Jewelry, "'1
Food Trucks, Sweet Treats,
Gift Ideas For The Holidays And Much More ...
Fun Zone For Kids -$4.00 Each For All Pass
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• CALENDAR, FROM 35SE
description field. Please pUI Ihose
elemenls In Ihe fields provided. If
you have questIons. you can email
Sue Mullin al smul-
IIn<code_dp>@MI-
aml<code_dp>Herald<code_dp-
>.com. Please put "Calendar ques-
lion" In Ihe subJecl line. Or call Sue
aI305-376-3430.
FAIRS & FESTIVALS
Bayside Markelplace Howl-O-Ween:
Families and their furry friends
invited to annual event with sweet
treats, parades and costume
contests.
4 p.m. Oct. 31. Bayside Market-
place. 401 Biscayne Blvd .• Downtown
Miami. Free. 305-577-3344.
Brickell Flallron Park Farmer's
Market: Features organic produce,
spices, granola, gluten-free pasta,
cevlche, guacamole, stone crabs,
Colombian baked goods, tropical
fruit smoothies, local honey, artisanal
French breadowers, Greek salads
and gyros, olive oil, handmade
soaps ..
9 a.m. Nov. 1. Brickell Flatiron Park.
1101 S. Miami Ave .. Brickell. Free.
305-531-0038.
Candyland and DJ, Cocodrills on
Halloween: Use promocode "sug-
arfreak" at website to save on
tickets.
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South
Miami. Florida will conduct Public Hearing(s) at its regular City Commission
meeting scheduled for Tuesday, November 5, 2013, beginning at 7:00 p.m .•
in the City Commission Chambers. 6130 Sunset Drive, to consider the
following item(s):
A Resolution approving and authorizing the City Manager to execute
an amended 2010-2013 agreement between the Miami-Dade
County Police Benevolent Association Collective Bargaining Union
(Officers and Sergeants) and the City Of South Miami.
A Resolution approving and authorizing the City Manager to execute
a three year (October 1, 2012 -September 30. 2015) Agreement
between the Miami-Dade County Police Benevolent Association
Collective Bargaining Union (Lieutenants & Captains) and the City
Of South Miami.
An Ordinance amending Section 8A-l, Subsection I of the City Of)
South Miami's Code of Ordinances to facilitate retention of design
professionals and to avoid conflicts on volunteer review boards.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office
at: 305-663-6340.
Maria M. Menendez. CMC
City Clerk
PUrsuant to Florida Statutes 286.0105, the City hereby advises the public that jf a
person decides to appeal any decision made by this Board, Agency or Commission with
respect to any matter considered at its meeting or hearing, he or she will need a record
of the proceedings, and that for such purpose, affected person may need to ensure that
a verbatim record of the proceedings is made which record includes the testimony and
evidence upon which the appeal is to be based.
Pub. date: Sunday, October 27
c;.o,..Hnn '7"n.o· n-::.,.I.oc:r
10 p.m. Oct. 31. Fifty Ultra Lounge •
485 Brickell Ave .. Brickell. $30-40.
No cover if on Rick C's list.Use
promocode "sugarfreak" at website
to save on tickets. 786-273-7401.
www.cocodrills.com.
Edible Garden Fesllval: Part of
Miami's first Local Food Week.
Features info on how to start an
edible garden, Pumpkin Patch,
Scarecrow Competition, farmer's
market, Fall Beer Garden and Earth
Learning's mobile kitchen cooking
demos ..
9:30 a.m. Oct. 27. Fairchild Tropical
Botanic Garden. 10901 Old Cutler Rd .•
Coral Gables. $25; $18 seniors 65+;
$12 kids 6-17; free for members and
kids 5 and under. 305-667-1651.
www.fairchildgarden.org/events/
Edible-Garden-Festival/.
Fall Frenzy: Held at all campuses.
kids of all ages are invited to wear
their costumes and join in the
candy-fueled fun, complete with
pumpkins, popcorn, games and a
cool fall photo booth. Times and
locations at website.
9 a.m. Oct 27. Christ Fellowship at
Palmetto Bay. 8900 SW 168th St..
Palmetto Bay. Free. 305-238-1818
cfmiami.org.
Fire and Ice Halloween Costume
Party: First annual event features
complementary sips and bites from
8-10 p.m.and live and spooky nter-
tainment all night long.
7 p.m. Oct 31. Porcao Grill. 910 S.
Miami Ave., Brickell. Free.
Halloween Celebrallon-Mall of Ihe
Americas: Kids Club at 4 p.m. for
ages 10 and under with the friendly.
bilingual Witch Gigi. AI 5 p.m .. it's
music and prizes for all ages with
Mix 98.3 FM. including Irip prizes
plus Karla Bakery hands out Hallow-
een cupcakes. Trick or treat begins at
6 pm. Costumes encouraged, but
masks are prohibited inside the
mall..
4 p.m. Oct 31. Mall of the Amer-
icas. 7795 W. Flagler St. .. Free.
305-261-8772.
Halloween Festival of Freaks with
Suenalo: Blackbird Odyssey with
Suenalo live and OJs Contra and
Sharpsound. Features cocktails,
intergalactic photobooth and danc-
ing under the stars. Dress to impress:
$100 prize for best costume. 21+.
10 p.m. Oct. 31. Blackbird Ordinary.
729 SW First Ave .• Brickell. No cover.
305-671-3307 for reservations.
www.facebook.com/events/
165176547010856/
Halloween Monsler Dance Party:
Features fiesta, pachanga and
gozadera plus raffles for dance class
packages, studio shirts and au-
tographed works by Amaury Gutier-
rez. Also. the group Folcklorico
"SIKAN" de OAF Studio performs
two choreographed dances ..
8 p.m. Oct. 30. OAF Studio, 1501
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