Ord. No. 28-01-1759ORDINANCE NO. 28 -01 -1759
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
ELECTIONS; AMENDING ARTICLE 9 OF THE CODE OF
ORDINANCES, ENTITLED "ELECTIONS" TO CREATE SECTION 9-
12, ENTITLED "DISCLOSURE OF PRIOR FELONY CONVICTIONS';
PROVIDING EXCEPTIONS; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT., AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami believe
that the public has a right to know whether a candidate for an elective City office has
previously been convicted of a felony in the State of Florida or in any other state and the
public has a right to information regarding a candidate's criminal background, if any;
and,
WHEREAS, the Mayor and City Commission desire to amend article 9 of the code
of ordinances to provide for disclosure of prior felony convictions.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Article 9 of the City of South Miami Code of Ordinances, entitled
"Elections," is amended to create section 9 -12, entitled "Disclosure of prior felony
convictions" to read:
Section 9 -12. Disclosure of prior felony convictions.
At the time of qualifying for elective city office, candidates shall file
an affidavit with the City Clerk stating that the candidate has or has not
been convicted of a felony in the State of Florida or in any other state. A
candidate shall not be required to disclose whether he or she has been
convicted of a felony, and may state that he or she has not been convicted
in the event that the candidate has received a pardon, has had his or her
civil rights restored, or the conviction has been expunged by a court of
competent jurisdiction.
Section 2. This ordinance shall be included in the City of South Miami Code of
Ordinances and Section 9 -12.
Additions shown by underlining and deletions shown by ^°°-�k
Ord. NO. 28 -01 -1759
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 5. This ordinance shall take effect immediately upon approved.
PASSED AND ADOPTED this 16 day of October , 2001.
ATTEST: APPROVED:
CITY CLERK &rl MAYOR
15` Reading — 10/2/01
2 °d Reading - 10/16/01 (as amended)
COMMISSION VOTE: 5 -0
READ AND APPROVED AS TO FORM Mayor Robaina: Yea
Vice Mayor Feliu: Yea
Commissioner Wiscombe: Yea
CITY ATTORNEY Commissioner Bethel: Yea
Commissioner Russell: Yea
\ \Dell 6100 \Documents \City of South Miami \0022 - 001 \1 1190.doc
Additions shown by underlining and deletions shown by everstrik4ng
INTER- OFFICE MEMORANDUM
To: Mayor and City Comm'n.
Charles Scurr, City Manager
Ronetta Taylor, City Clerk
From: Earl G. Gallop, City Attorney �
Date:
October 2, 2001
E::
Re: Candidate Felony Disclosure
Ordinance (Vice mayor Feliu)
Subject: An ordinance amending the city code to require candidates to disclose prior
felony convictions, or pleas of guilty and no contest; providing exceptions in instances where
the record has been expunged. The ordinance is sponsored by Vice mayor Feliu.
Discussion: The purpose of the ordinance is to provide public disclosure of any prior felony
conviction record of a candidate for elective office. It applies to all convictions, even where
the person was pardoned or had his or her civil rights restored. The disclosure requirement
excludes instances where the record has been expunged or sealed. Expunging a record is an
extraordinary judicial act. The legal effect of expunging a record is that conviction is
nullified and made void. It usually takes place where a conviction was based on misconduct
by a state witness or a plea was entered under duress, and the accused is determined to be
innocent of the crime.
We have performed legal research to evaluate whether the disclosure might interfere with a
person's First Amendment rights to political association and to run for office. Our research
does not indicate that this disclosure requirement unduly burdens any constitutional right.
Further, we conferred with legal representatives of the Florida Attorney General and the
Florida League of Cities in evaluating this subject.
Recommendation: Approve the proposed ordinance.
MIAMI DAILY BUSINESS REVIEW
Published dairy aware Saturday. Sonar are
Legal notes,
Marc," i lode County. Florida
STATE OF FLORIDA
COUNTY OF MIAMbDADE:
Before the undersigned authority personally appeared
SOOKiE WILLIAMS no on oath says that she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review Pike 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 10,'16/01
ORD. REVISING SECTION 20 3,6 ETC.
In the XXXX Court,
was published in said neayscaper in the issues of
10:0512001
Affient iurher says that the said Miami Daly Business
Review is a newspaper published at Nuami in said Miami -Datle
County. Florida and that the said newspaper has
heretofore been continuously published in said Miami -Datle County.
Reline. each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
o`fae In Miami In said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
t `,e ^'1 f advemsement: and aHlant further says that she
,-
�?,� :. , ri scn. t:m or corpera5on
�� ,ary . rate, commission or •efund for the purpose
.'s?^u: ivlm. - tdvc-nigi ment for publiceGOn in the said
05 do) of OCTQ6ER .A.D.
.Ul.P.IA 1, L
SEAL? 1 /"'Y, " ?a A ^Y CCI „!,II ».JOT
"'hi at
SOOKIE IVILiAMS perkh fijl%;kfYOVITi "M- fRe' " " -'^''
CITY OF SOUTH MIAMI
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida wll conduct a Public Hearing during its regular City
Commission meeting Tuesday. October 16, 2001 beginning at 7:30 p.m.,
in the City Commission Chambers, 6130 Sunset Drive, to consider the fol-
lowing described ordinance(s)'.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AN
AMENDMENT TO THE CITY OF SOUTH MIAMI LAND BEVEL-
CEMENT CODE SY REVISING SECTION 20- 16(H)(2) IN OR-
DER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND
VINES USED AS FENCING, SCREENING OR LANDSCAPING:
PROVIDING FOR SEVERABIUTY. ORDINANCES IN CON.
FLICT, AND AN EFFECTIVE DATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
ELECTIONS; AMENDING ARTICLE 9 OF THE CODE OF OR-
DINANCES, ENTITLED 'ELECTIONS' TO CREATE SECTION
912, ENTITLED'DISCLOSURE OF PRIOR FELONY CONVIC.
TIONS, OR PLEAS OF GUILTY AND NO CONTEST', REQUIR-
ING CANDIDATES TO SUBMIT CRIMINAL BACKGROUND
REPORTS: PROVIDING EXCEPTIONS; PROVIDING FOR
SEVERABIUTY, ORDINANCES IN CONFLICT, AND AN EF.
FECTIVE DATE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF SOUTH MIAMI TO CREATE
SEC, 2.26 8. ENTITLED 'BUDGET REVIEW COMMITTEE';
PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF
THE COMMITTEE; PROVIDING FOR SEVERABIUTY: ORDI-
NANCES IN CONFLICT, AND AN EFFECTIVE DATE,
API ORDINANCE OF THE MAYOR AND THE CITY COMMIS
SION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING
THE SOUTH MIAMI PENSION PLAN AND THE SOUTH MIAMI
POLICE OFFICERS RETIREMENT TRUST FUND TO CON.
FORM WITH CHAPTER 185, FLORIDA STATUTES; AMEND-
ING SECTION 1612 OF THE CITY CODE TO REVISE THE
DEFINITION OF FINAL AVERAGE COMPENSATION FOR PO-
LICE OFFICERS: AMENDING BECTION 16�14(A) TO PRO-
VICE OCR NORMAL RETIREMENT FOfiaCLCE F.f "_R THE
FLE ION OF T!E Y.FIV1' E'PS OF odNIC' BE-
GA.,LILES..OFA A!!E;1AFGS'cCTJN'3'a(C1_O RE.
VISE THE EARLY RETIREMENT PEN LTY FOR POLICE TO
3% PER YEAR; CREATING SECTION 16-14(F) TO PROVIDE
FOR OPTIONAL ACTUARIALLY REDUCED SURVIVOR 8EN-
BELTS, AMENDING SECTION 16.16(0) TO PROVIDE FOR
THE DESIGNATION OF MULTIPLE BENEFICIARIES; AMEND-
ING SECTION 16.19(A) TO PROVIDE THAT CITY CONTRIBU•
TIONS SHALL BE DEPOSITED AT LEAST QUARTERLY, IN.
SEVEN AND ONE HALF PERCENT OF PAY, AND PRO'
THAT POLICE CONTRIBUTIONS SHALL BE DEPOSI'
I OWING EACH PAY PERIOD: AMENDING SECTION
19(C) TO PERMIT RULLUVhi Vh Milr -mmi wrvinii
TIONS INTO A TAX QUALIFIED PLAN; AMENDING SECTION
1630 TO PROVIDE THAT STATE CONTRIBUTIONS SHALL
BE DEPOSITED INTO THE FUND IMMEDIATELY UPON RE-
CEIPT; AMENDING SECTION 16 -52(B) TO PROVIDE FOR
NORMAL RETIREMENT FOR POLICE AFTER THE COMPI&
TION OF TWENTY -FIVE YEARS OF SERVICE REGARDLESS
OF AGE; CREATING SECTION 16 -42d) TO PROVIDE A ROLL
OVER OPTION; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SEVERABILTY; PROVIDING FOR A RE-
PEALER; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI. FLORIDA RELATING TO AN
AMENDMENT TO THE CITY OF SOUTH MIAMI LAND DEVEL-
OPMENT CODE BY REVISING SECTION 20.3,6(H)(2) IN OR
DER TO ELIMINATE HEIGHT LIMITS FOR HEDGES AND
VINES USED AS FENCING. SCREENING OR LANDSCAPING;
PROVIDING FOR AN EFFECTIVE DATE PROVIDING FOR
SEVERABIUTY: PROVIDING FOR ORDINANCES IN CON-
FLICT; AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
GARBAGE AND TRASH: AMENDING SECTION 11- 231
OF THE CODE OF ORDINANCES ENTITLED 'REFUSE COL.
LECTION FEE SCHEDULE', PROVIDING FOR SEVERABIUTY;
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
Said ordinance can be inspected in the City Clerk's Office, Monday • Fri-
do,/ citing regular office hours.
Inquiries concerning this item should be directed to the Oily Manager's
Cline a1; 663.6336.
ALL interested parties are invited to attend and will be heard.
Roselle Taylor. CMC
City Clerk
City of South Miami
Pursuant to F :orida Statutes 286.0105, the City hereby advises the pub.
lic mat if a person decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered at its meek
ing or hearing, he or she will need a record of the proceedings, and that to
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