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ORDINANCENO. __________ __
An Ordinance amending Sec. 8A-l (e) of Chapter 8A of the City of Sonth Miam.i's
Code of Ordinances to provide an exception for solicitation of gifts sponsored by
non-profit organizations or that benefit the City and adopting applicable portions of
the Miami-Dade County ethics ordinance concerning such exceptions.
5
WHEREAS, the Miami·Dade COllilty Commission on Ethics has provided the City of South
Miami ("City") with an ethics opinion that concludes that the promotion, by members of the City
Commission, of non-profit events is a violation of the City's' ethics code. A copy. of the opinion is
attached to this resolution; and'
WHEREAS, the City's current ethics ordinance does not provide an exception for the promotion
of non-profit events or the solicitation of donations that benefit the City; and
WHEREAS, the Miami-Dade County ethic's code Section 2-11.1 (e) (2) does provide for the
following exceptions which include the promotion of non-profit events' and soiicitation of gifts that
benefit the County:
e. Gifts. solicited by COllilty employees or departmental personnel on behalf of the
County in the performance of their official duties for use solely by the County in conducting its
official business;
f. Gifts solicited by Commissioners on behalf of the COllilty in the performance of
their official.duties for use solely by the COllilty in conducting its official business; .
g. . Gifts solicited by Commissioners, or their staff members, on behalf of any
nonprofit organization for use solely by that organization where neither the Commissioner, nor
his or her staff receives any compensation as a result of the solicitation. As used in this
subsection, a "nonprofit organization" shall mean any entity described in section 501(c)(3) ofthe
Internal Revenue Code (the "Code") that is tax exempt under section SOl(a) of the Code. As used
in this subsection, "compensation" means any money, gift, favor, political contribution, thing of
value or other financial benefit.
; and
WHEREAS, the Mayor and City Commission for the City of South Miami desire to adopt the
exemption for the solicitations of gifts which would include the promotion of the events sponsored by
non-profit organizations. .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION·
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 8A-l ( e) titled "Gifts" of Chapter 8A of the City of South Miami's Code of .
Ordinances is hereby amended to read as follows: .
(e) Gifts.
(1) . Definition. The term "gift" shall refer to the transfer of anything of economic value, whether
in the form of moriey, service, loan, travel, entertainment, hospitality, item or promise, or in
any other form, without adequate 'and lawful consideration.
(2) Exceptions. The provisions of paragraph (e)( 1) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit
on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
Page 1 of2
. '
1 d. Material such as books, reports, periodicals or pamphlets which. are sol~ly
2 informational or of an advertising nature.
3 e. Gifts solicited by City employees or departmental personnel on behalf of the City
4 in the performance of their official duties for use solely by the City in conducting its official
5 business;
6 f. Gifts solicited by Commissioners on behalf of the City in the performance of
7 their official duties for use solely by the City in conducting its official business;
8 g. Gifts solicited by Commissioners, or their staff members, on behalf of any
9 nonprofit organization for use solely by that organization where neither the COlIlmissioner, .
10 nor his or her staff receives any compensation as a result of the solicitation. As used in this
11 subsection, a "nonprofit organization" shall mean any entity described in section 50 1 (c)(3) of
12 'the lntemal Revenue Code (the "Code") that is tax exempt under section 501(a) of the Code ..
13 As used in this subsection, "compensation" means any money, gift, favor, political
14 contribution, thing of value or other financial benefit.
15
16 * * *
17 Section 2. Codification. The provisions of this ordinance 'shall become and be made part of the
18 Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be
19' renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to
20 "section" or other appropriate word.
21
22 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
23 reason held invalid or unconstitutional by a court of competent jurisdiction,. this holding shall not affect
24 the validity of the remaining portions of this ordinance.
25
26 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
27 parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the
28 intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being
29 in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict
30 needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by
31 amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion
32 that needs to be repealed to harmonize the two ordinances shall be repealed.
33
34 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSEDANDENACTEDthis_dayof~~~~_,,2015.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page20f2
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
Pepe, Thomas F.
From:
Sent:
Centorino, Joseph (COE) <CENTORI@miam·ldade.gov>
Tuesday, April 2B, 2015 3:24 PM
To: Pepe, Thomas F.
Ce: Diaz-Greco, Gilma M. (COE)
Subject: [BULK] INQ 15-77 .Thomas F. Pepe, City Attorney, City of South Miami (Gifts)
Importance: Low
Mr. Pepe:
You have inquired regarding whether a City of South Miami commissioner may, at a commission meeting, promote a
running event sponsored by a non-profit organization, where the sponsor requires participants to pay a registration fee
that will be used to pay the cost of the event, but where the balance will be donated to a charity by the sponsor.
I will assume for the purposes of this inquiry that the language used by any commissioner in question would be for the
purpose of encouraging members of the public to participate in this event, and, thereby, to pay the registration fee for
the purpose of benefiting the designated cha.rity. The registration fee would represent a gift insofar as it would include
a portion to be donated to a specified charitable cause. The portion of the registraflon fee attributable to the charitable
donation would, in effect, be a gift under Section BA-l(e)(3) of the South Miami Code, since the 'lmount ofthe
registration fee would exceed the amount ofthe consideration provided forthe event itself.
Unlike the County Ethics Code, the City of South Miami Ethics Code does not contain an exception for gifts solicited on
behalf of a charitable SOl(c)(3) organization. Therefore, I would not read such an exception into the South Miami Code,
which pretty closely follows the County Code in describing what is a gift, but does not include the exception that is
provided under the County Code for charitable solicitations. The City of South Miami is permitted to impose a stricter
standard for solicitation of gifts than does the County Code.
Accordingly, the broad prohibition against gift solicitation under Section SA-l(e)(3) would apply to this solicitation, and
the commissioner should not participate in soliciting for this gift.
Sincerely,
Joseph M. Centorino
Executive Director and General Counsel
Miami-Dade Commission on Ethics and Public Trust
From: Pepe, Thomas F. [mailto:TPepe@southmiamifi.gov] .
Sent: Thursday, April 09, 20156:32 PM
To: Diaz-Greco, Gilma M. (COE)
Subject: Commissioner sponsoring a non-profit event
Can a commissioner, at a commission meeting, promote a running event sponsored by a
non-profit organization when the sponsor requires participants to pay a registration fee
the will be used to pay the cost ofthe event and the balance will be donated to a charity
by the sponsor?
1
After speaking to you on the phone, I researched our ordinance and I didn't find anything
that would prohibit the promotion of such an event. I think it was your opinion that it
was prohibited by the City's ethics ordinance 8A-l (e) (3). I think that what you were
saying was that the commissioner would be soliciting a gift for the third party, i.e., the
corporate sponsor of the running event. 8A-l (e) (3) prohibits a commissioner from
soliciting a gift but it doesn't say whether the prohibition involves a gift being solicited
for himself or whether it includes a solicitation of a gift for a third party. Was it your
opinion that it prohibits the solicitation of a gift for a third party and that when the
commissioner promotes the event he is soliciting someone to give their money to the
third party?
If that is the cas'e, wouldn't it be different in the case of a running event since the payment
of the registration fee is not a gift because the person paying the fee gets something of
value for his payment, i. e., the opportunity to run in the event? .
8A -1 (e) (3) Prohibitions. A person described in paragraphs (b )(1) tln'ough (6) shall neifuer solicit nor demand any
gift. It is also unlawlhl for any person or entity to offer, give or agree to give to any person includ.ed in the terms
defined in paragrapbs (b)(l) through (6), or for any person included in the terms defined in paragraphs (b )(1) through
(6) to accept or agree to accept from another person or entity, and gift for or because of:
a. An offiCial public acti.on taken, or to be taken, or wruch could be taken, or an omission or failure to take a
public action;
b. A Jegal duty performed or to be performed, or which. could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the tenll defmed
in paragraph (b)(l); or
d. Attend'D.ce or absence from a pubEc meeting at wbich official action is to be taken.
Thank you.
Very truly yours,
Thomas F. Pepe
City Attorney .
City of South Miami
1450 Madruga Avenue, Ste 202,
Coral Gables, Florida 33146
Tel: (305) 66')·2564
Fax: (305) 341-0584
E-mail: toepe@southmiamifl.gov
ATTENTION: This e·mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use ofthe
addressee named above. If yO\! are not the intended receiver, you are hereby notified that any dissemination of this communication is
strictly prohibited. If you have received this e·mail in errOT,please immediately notify us by telepbone, call collect if outside of your
area code and delete this e-mail. We Will reimburse you for ihe cost of your long distance call. Thank you. Please also note: All e·
mails to and from this e-mail site are kept as a.public record. Your e-mail communications, including your e-mail address may be
disclosed to the public and media at any time pursuant to Florida Statutes. ch. 119.
2
MIAMI DAILY BUSINESS REVIEW
Published Daffy excepl Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade Counly, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
M. ZALDIVAR, who on oath says that he or she Is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review fJk!a Miami Review. a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in MiamifiDade
County. Florida; that the attached copy of advertisement,
being a Le~al Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI -NOTICE OF PUBLIC HEARING
CITY COMMISSION MEETING FOR JUNE 2, 2015 .
in the XXXX Court,
was published in said newspaper in the issues of
05/22/2015
Affiant further says that the said Miami Dally BUSiness
Review is a newspaper published 81 Miami [n saId Miami-Dade
County, Florida and that the said newspaper has
heretofore besn continuously published in said Miami-Dade County,
Florida. eaoh 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 promised any person, firm or corporation
any discount, rebate. commiSSion or refUnd fqr the purpose
01 securing this advsrtls en r publication In the said
newspaper.
15
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NonCE IS HEREBY given that the City Commission of the City 01 South
Miami, Rorida will conduct Public Hearlng(s) at its regUlar City
Commission meeting scheduled for TUesd.a\1, June 02, 2015 beginning
at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to
considerthefollowing item(s):
A Resolution authorizing the City Manager to extend the existing
agreement to the end of the fiscal year and to enter Into a 3 year
agreement with Gomez Barket AssoCiates, Inc. for Lobbying
Services as required by the City.
A Resolution approving a variance based On an application to
pennit 3,600 square foot lot where a minimum of 6,000 square
feet' is required. to permit a frontage at 40 feet where 60 feat is
required, and to permit an Interior side $stback of 5 feet where a
minimum of 7.5 feet is required, for a new two--story rasldence
located at6345 SW 62 Avenue, South Miami, Aoride.
A Resolution approving a variance based on an application to
allow a building coverage of 30.5% where a maximum of 30% is
reqUired, for a one-story addition to a single famHy residence
located at7B30SW 57 Court, South Miami, Florida.
(
An Ordinance amending Sec, aA~1 (e) of. Chapter aA of the City~
of South Miami's COde of Ordinances to provide an exception for
solioitation of gifts sponsored by non-profit organizalioTl5 or that
benefit the City and adopting. applicable portions of the Miami-
Dade Countyet~lcs ordinance conceming suoh exceptions,
An Ordinance amending the Development Agreement between
South Miami Corporation and 'the City of South Miami for the
development of the project known as ~Project Sunset", enacted
on June 14, 2005, amended on December 4, 2012, to extend tile
eXpiraUon date from June 14, 2015 to June 14, 2025, and to
permit amendments agreed to between South Miami Corporation
and Ihe Cityol South Miami.
ALL interested parties are invited to attend and wiU be heard.
For further Information, please ,contact the City Clerk's Office at
30&663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that If a .person decides 10 appeal any decision made by this Board,
Agency or Commission with respect to any matter considered at its
meeting 9r hearing, he or she wlll need a record of the proceedings, and
that 1or:such purpose, affected person may need.toellsure tbata verbatim
record of the proceedings is made which record includes the testimony
and e~idence upon Which the appeal is to be based.
5/22 15-3-20112444<l56M
20SE 1015 SE
.
. ~~ ~lz}~ \"'~} ""'''"'''-CITY OF SOUTH MIAMI COURTESY NOTICE
NOTICE IS HEREBY I,!iv<lU that the City Corrunission <If the City of South Miami, Florida will conduct Public Hcarinl;!\s)
at itsl"gular City Commissionmc0ting scheduled forT ..... d"" June 2 21llSPe8iuning at 7:00 p_m_, in the City Commi~sion
Chambers, 6130 Sunset Drive, to cOIL,ider the following itemts):
A Resolution authorizing the City Manager to extend the existing agreement to the end of
the fiscal year and to enter into a 3 year agreement with Gomez Barker Associates, Inc. for
Lobbying Services as required by the City. • A Resolution approving a variance based on an application to permit 3,600 square foot lot
where a minimum of 6,000 square fest is required, to parmit a frontage of 40 feet where 60
feet is required, and to permit an interior side setback of 5 feet where a minimum of 7.5 feet is
required, for a new two-story residence located at 6345 SW 62Avenue, South Miami, Florida."
A Resolution approving a variance based on an application to allow a building CQverage
of 30.5% where a maximum of 30% is required, for a one' story addition to a single family
residence located at 7830 SW 57 Court. South Miami, Florida.
(
An Ordinance amending Sec. 8A-1 (13) of Chapter SA of the City of South Miami's COde)
of Ordinan<::es to provide an exception for solicitation of gifts sponsored by non-profit
organi~tions or that benefit the City and adopting applicable portions of the Miami-Dade
COLlnty ethir:s ordinance CQncerning such exceptions.
An Ordinance amending the Development Agreement between South Miami Corporation
and the City of South Miami for the development of the project known as ~Project Sunset:
enacted on June 14, 2005, amended on December 4, 2012. to extend the expiration date from
June 14, 2015 to June 14, 2025, and to permit amendments agreed 10 between South Miami
Corporation and the City of South Miami,
ALL interested pmties are invited to attend and will be heard.
For furth .... infonnati,m. pl~"",e coulact the City Ck'fk', Officu at: 30:;-663,6340.
Maria M. Menendez., CMC
City Clerk
Prnsuarrtlo Flond, SIlIrm..186.0105, tho Cit)' """'by ad,;s", thepublio Ihat ih p"rwn decid .. teap!""] ""J'ded.;oomade b)·thi, Bo:ml,AIl"n<:)'
or C<IIIIIIli>.;OD ... ilh ""pc<1 to any nmtlor <!".swrn:d .1 jt:l """-'ling ,n° hearing, he or .<he will noed a record "fthe pn><"tlL-ding>. awl th'l fl" ,u<h
I""JIO'<' •• ffi:,;tcd p=u m.y ncod '0 OIl .. '''' ,bot. ,.."b.tim ,eoord oflhe (IlOOeNliUg> i. m:uI. whioh "",on! include:! the testlltIDIl)' .nd ",,;<1=
opon wbich ,bo app<.1 i, 'I) be boso<l.
MiamiHerald,(om I MIAMI HERALD
PALMETTO BAY
Palmetto Bay Council
talks traffic; residents vent
BY MONIQUE O. MADAN
mmadan@MiamiHerald.com
The Village of Palmetto
Bay Council met on Monday.
THE MAIN ITEM
Residents vented at the
Village Hall podium Monday
night. telling their tales of ter-
rible traffic on their streets.
The mayor and council
members listened and then
discussed traffic calming ini-
tiatives, such as speed. bumps,
traffic circles and signs that
would filter non-residential
traffic during certain times of
the day,
Councilman Tim Schaffer,
who brought the item to the
agenda, warned residents
that although they will dis-
cuss possible solutions, the
village has "no say" in what is
done on the' roads.
"Our roads were COD-
structed by Miami-Dade
County," Schaffer said. ''We
have no control over penna-
nent decisions on county
roads."
Schaffer was referring to
main artery roads such as u.s. 1. Southwest 136th Street,
l52nd Street, 168th Street and
184th Street, as well as 87th
Avenue. 77th Avenue and
parts of 67th Avenue.
"Those are all county
roads; we can't touch those.
We can make suggestions,
but we can't take initial
responsibility," he said.
OTHER BUSINESS
• Village manager: The
council deferred an item re-
gar<ling a new village manag-
er position to the next meet-
ingonJWlel
THEY SAID IT
"We can make temporary
calrrting adjustments to our
interior roads, but it can't be
on major roads. And you
have to understand that it's
going to take cooperation
from the neighbors:'
-Councilman Schaffer
YOU SAID IT
"I don't really like the
speed bump idea but at this
point, anything will help ...
spikes?"
-PalmeHo Bay resident
THE NEXT MEETING
• When: 7 p.m. June 1
• Where: 9705 E. Hibis-
'cus Sl