Ord. No. 06-99-16801
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ORDINANCE NO. 6 -99 -1680
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO ETHICS, AMENDING CHAPTER
8A OF THE CODE OF ORDINANCES OF THE CITY OF
SOUTH MIAMI, ENTITLED "CODE OF ETHICS ";
PROVIDING STANDARDS, PROCEDURES ON
COMPLAINT OF VIOLATION AND PENALTIES;
REPEALING SECTIONS 8A -1, "DECLARATION OF
POLICY," 8A -2, "DEFINITIONS," 8A -4, "CONFLICT OF
INTEREST'; RENUMBERING 8A -4.1, "INFLUENCE OF
BOARD MEMBERS BY MAYOR AND COMMISSIONERS,
APPEARANCE BEFORE BOARDS," PROVIDING FOR
REPEAL, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami wish to
establish and to exercise primary authority for enforcing standards of ethical conduct and
behavior for City officials and personnel; and,
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
establish the City's own procedures and evidentiary standards for determining complaints of
ethical violations; and,
WHEREAS, the Mayor and City Commission of the City of South Miami intend that
the City's determinations on complaints of ethical violations shall be entitled to a
presumption of correctness by a reviewing court or by the Miami -Dade County Commission
on Ethics and Public Trust and the Florida Commission on Ethics, and its determinations will
not be disturbed unless a reviewing court or commission first determines that the
determination is not supported by substantial competent evidence or the conclusions of law
are incorrect as a matter of law; and,
WHEREAS, the adoption of a Conflict of Interest and Code of Ethics ordinance is
in the best interests of the City of South Miami.
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
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4 Section 1. Chapter 8A of the Code of Ordinances of the City of South Miami is
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amended to repeal section 8A -1, "Declaration of policy," section 8A -2, "Definitions" and
section 8A -4, "Conflict of interest."
Section 2. Chapter 8A of the City Code is amended to create section 8A -1 through
section 8A -2 as follows:
Sec. 8A -1. Conflict of interest and code of ethics ordinance.
(a) Designation. This section shall be designated and known as the "City of South
Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be
applicable to all City personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi -
judicial personnel, advisory personnel and departmental personnel. The
of the Citv of South Miami Conflict and Code of Ethics Ordinance
shall be applied in a cumulative manner. By way of example, and not as a
limitation, subsections (c) and (d) may be applied to the same contract or
transaction.
(b) Definitions. For the purposes of this section the following definitions shall be
effective.
The term "commission members" shall refer to the Mayor and the members
of the City Commission.
Q The term "autonomous personnel" shall refer to the members of
autonomous authorities boards and agencies, such as the South Miami
Community Redevelopment Agency and the Health Facilities Authority.
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The term "quasi-judicial personnel' shall refer to the members of the
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Planning Board, the Environmental Review and Preservation Board, the
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Code Enforcement Board and such other individuals, boards and agencies
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of the City as perform quasi judicial functions.
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(4)
The term "advisory personnel" shall refer to the members of those City
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advisory boards and agencies whose sole or primary responsibility is to
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recommend legislation or give advice to the City Commission.
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k5)
The term "departmental personnel' shall refer to the City Clerk, the City
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Manager, department heads, the City Attorney, and all assistants to the City
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Clerk, City Manager and City Attorney, however titled.
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(6)
The term "employees" shall refer to all other personnel employed by
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City,
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The term "compensation" shall refer to any money, gift, favor, thing of
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value or financial benefit conferred, or to be conferred, in return for
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services rendered or to be rendered.
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(8)
The term "controlling financial interest' shall refer to ownership, directly
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or indirectly, of 10% or more of the outstanding capital stock in any
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corporation or a direct or indirect interest of 10% or more in a firm,
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partnership, or other business entity at the time of transacting business with
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the iCity.
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The term "immediate family" shall refer to the spouse, parents, children,
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brothers and sisters of the person involved.
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The term "transact any business" shall refer to the purchase or sale by the
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City of specific goods or services for consideration and to submitting a
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bid a proposal in response to a RFP, a statement of qualifications in
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response to a request by the City, or entering into contract negotiations for
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the provision on any goods or services, whichever first occurs.
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I (c) Prohibition on transacting business with the City. No person included in the
2 terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter
3 into any contract or transact any business in which that person or a member of the
4 immediate family has a financial interest, direct or indirect with the City of South
Miami or any person or agency acting for the City of South Miami, and any such
contract agreement or business engagement entered in violation of this
subsection shall render the transaction voidable. Willful violation of this
subsection shall constitute malfeasance in office and shall effect forfeiture of
office or position. Nothing in this subsection shall prohibit or make illegal (1) the
10 payment of taxes, special assessments or fees for services provided by the City
11 government; (2) the purchase of bonds, anticipation notes or other securities that
12 may be issued by the City through underwriters or directly from time to time.
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14 Waiver of prohibition. The requirements of this subsection may be waived for a
15 particular transaction only by four affirmative votes of the City Commission after
16 public hearing upon finding that:
17 (1) An open -to -all sealed competitive proposal has been submitted by a City
18 person as defined in paragraphs (b)(2), (3) and (4), or,
19 (2) The proposal has been submitted by a person or firm offering services
20 within the scope of the practice of architecture, professional engineering,
21 or registered land surveying, as detmed by the laws of the State of Florida
22 and pursuant to the provisions of the Consultants' Competitive Negotiation
23 Act, and when the proposal has been submitted by a City person defined
24 in paragraphs (b)(2), (3) and (4), or,
25 (3) The property or services to be involved in the proposed transaction are
26 unique and the City cannot avail itself of such property or services without
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entering a transaction which would violate this subsection but for waiver
of its requirements, and
That the proposed transaction will be in the best interest of the City.
This subsection shall be applicable only to prospective transactions, and the City
Commission may in no case ratify a transaction entered in violation of this subsection.
8 Provisions cumulative. This subsection shall be taken to be cumulative and shall not
9 be construed to amend or repeal any other law pertaining to the same subject matter.
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11 (d) Further prohibition on transacting business with the City. No person included
12 in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall
13 enter into any contract or transact any business through a firm, corporation,
14 partnership or business entity in which that person or any member of the
15 immediate family has a controlling financial interest, direct or indirect, with the
16 City or any person or agency acting for the City, and any such contract,
17 agreement or business engagement entered in violation of this subsection shall
18 render the transaction voidable. The remaining provisions of subsection (c) will
19 also be applicable to this subsection as though incorporated by recitation.
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21 Additionally, no person included in the term defined in paragraph (b)(1) shall
22 vote on or participate in any way in any matter presented to the City Commission
23 if that person has any of the following relationships with any of the persons or
24 entities which would be or might be directly or indirectly affected by any action
25 of the City Commission: (i) officer, director, partner, of counsel, consultant,
26 employee, fiduciary or beneficiary; or (ii) stockholder, bondholder, debtor, or
27 creditor, if in any instance the transaction or matter would affect the person
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defined in paragraph (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
paragraph (b)(1) who has any of the specified relationships or who would or
might, directly or indirectly, realize a profit by the action of the City Cormnission
shall not vote on or participate in any way in the matter.
(e) Gifts.
Definition The term "gift" shall refer to the transfer of anything of
economic value, whether in the form of money, service, loan, travel,
entertainment, hospitality, item or promise, or in any other form, without
adequate and lawful consideration.
Exceptions. The provisions of paragraph (e)(1) shall not apply to
(i) Political contributions specifically authorized by State law;
(ii) 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);
(iii) Awards for professional or civic achievement;
(iv) Material such as books, reports, periodicals or pamphlets which are
solely informational or of an advertising nature.
Prohibitions. A person described in paragraphs (b)(1) through (6) shall
neither solicit nor demand any gift. It is also unlawful for any person or
entity to offer, give or agree to give to any person included in the terms
defined in paragraphs (b)(1) 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, any gift for or because of-
(i) An official public action taken, or to be taken, or which could be
taken, or an omission or failure to take a public action;
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(ii) A legal duty performed or to be performed, or which could be
performed, or an omission or failure to perform a legal duty;
(iii) A legal duty violated or to be violated, or which could be violated by
4 any person included in the term defined in paragraph (b)(1); or
(iv) Attendance or absence from a public meeting at which official action
is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(1)
through (6) shall disclose any gift, or series of gifts from any one person or
entity, having a value in excess of $25.00. The disclosure shall be made by
10 filing a copy of the disclosure form required by chapter 112, Florida
11 Statutes, for "local officers" with the City lerk simultaneously with the
12 filing of the form with the Clerk of Miami -Dade County and with the
13 Florida Secretary of State.
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15 (f) Compulsory disclosure by employees of firms doing business with the City.
16 Should any person included in the terns defined in paragraphs (b)(1) through (6)
17 be employed by a corporation, firm, partnership or business entity in which that
18 person or the immediate family does not have a controlling financial interest, and
19 should the corporation, firm, partnership or business entity have substantial
20 business commitments to or from the City or any City agency, or be subject to
21 direct regulation by the City or a City agency, then the person shall file a sworn
22 statement disclosing such employment and interest with the Clerk of the City of
23 South Miami.
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25 (g) Exploitation of official position prohibited. No person included in the terms
26 defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an
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official position to secure special privileges or exemptions for that person or
others.
4 (h) Prohibition on use of confidential information No person included in the terms
5 defined in paragraphs (b)(1) through (6) shall accept employment or engage in
6 any business or professional activity which one might reasonably expect would
7 require or induce one to disclose confidential information acquired by reason of
8 an official position, nor shall that person in fact ever disclose confidential
9 information garnered or gained through an official position with the City, nor
10 shall that person ever use such information, directly or indirectly, for personal
I 1 gain or benefit.
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13 (i) Conflicting employment prohibited No person included in the terms defined in
14 paragraphs (b)(1) through (6) shall accept other employment which would impair
15 independence of judgment in the performance of any public duties.
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17 Prohibition on outside employment
18 (1) No person included in the terms defined in paragraphs (b)(6) shall receive
19 any compensation for services as an officer or employee of the City from
20 any source other than the City, except as may be permitted as follows:
21 (i) Generally prohibited No full -time City employee shall accept outside
22 employment, either incidental, occasional or otherwise, where City
23 time, equipment or material is to be used or where such employment
24 or any part thereof is to be performed on City time.
25 ii When permitted. A full -time City employee may accept incidental or
26 occasional outside employment so long as such employment is not
27 contrary, detrimental or adverse to the interest of the City or any of
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its departments and the approval required in subparagraph (iii) is
obtained.
iii Approval of department head required Any outside employment by
4 any full -time City employee must first be approved in writing by the
employee's department head who shall maintain a complete record of
such employment.
iv Penalty. Any person convicted of violating any provision of this
subsection shall be punished as provided in Section 1 -11 of the Code
of Miami -Dade County and, in addition shall be subject to dismissal
10 by the appointing authority. The City may also assess against a
11 violator a fine not to exceed $500.00 and the costs of investigation
12 incurred by the City.
13 (2) All full -time City employees engaged in any outside employment for any
14 person, firm, corporation or entity other than the City of South Miami, or
15 any of its agencies or instrumentalities, shall file, under oath, an annual
16 report indicating the source of the outside employment, the nature of the
17 work being done and any amount of money or other consideration received
18 by the employee from the outside employment. City employee reports shall
19 be filed with the City Clerk. The reports shall be available at a reasonable
20 time and place for inspection by the public. The City Manager may require
21 monthly reports from individual employees or groups of employees for
22 good cause.
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24 (k) Prohibited investments. No person included in the terms defined in paragraphs
25 (b)(1) through (6) or a member of the immediate family shall have personal
26 investments in any enterprise which will create a substantial conflict between
27 private interests and the public interest.
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2 (1) Certain appearances and payment prohibited
No person included in the terms defined in paragraphs (b)(1), (5) and (6)
4 shall appear before any City board or agency and make a presentation on
behalf of a third person with respect to any matter, license, contract,
6 certificate, ruling, decision, opinion, rate schedule, franchise, or other
benefit sought by the third person. Nor shall the person receive any
compensation or gift, directly or indirectly, for services rendered to a third
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person, who has applied for or is seeking some benefit from the City or a
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City agency, in connection with the particular benefit sought by the third
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person. Nor shall the person appear in any court or before any
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administrative tribunal as counsel or legal advisor to a party who seeks legal
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relief from the City or a City agency through the suit in question.
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(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4)
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shall appear before the City Commission or agency on which the person
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serves, either directly or through an associate, and make a presentation on
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behalf of a third person with respect to any matter, license, contract,
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certificate, ruling, decision, opinion, rate schedule, franchise, or other
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benefit sought by the third person. Nor shall such person receive any
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compensation or gift, directly or indirectly, for services rendered to a third
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party who has applied for or is seeking some benefit from the City
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Commission or agency on which the person serves in connection with the
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particular benefit sought by the third party. Nor shall the person appear in
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any court or before any administrative tribunal as counsel or legal advisor
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to a third party who seeks legal relief from the City Commission or agency
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on which such nerson serves through the suit in auestion.
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(m) Actions prohibited when fmancial interests involved No person included in the
terms defined in paragraphs (b)(1) through (6) shall participate in any official
action directly or indirectly affecting a business in which that person or any
member of the immediate family has a financial interest. A financial interest is
defined in this subsection to include, but not be limited to, any direct or indirect
interest in any investment, equity, or debt.
8 (n) Acquiring financial interests. No person included in the terms defined in
9 paragraphs (b)(1) through (6) shall acquire a financial interest in a project,
10 business entity or property at a time when the person believes or has reason to
11 believe that the financial interest may be directly affected by official actions or
12 by official actions by the City or City agency of which the person is an official,
13 officer or employee.
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15 (o) Recommending professional services. No person included in the terms defined
16 in paragraphs (b)(1) through (4) may recommend the services of any lawyer or
17 law firm, architect or architectural firm, public relations firm, or any other person
18 or firm, professional or otherwise, to assist in any transaction involving the City
19 or any of its agencies, provided that a recommendation may properly be made
20 when required to be made by the duties of office and in advance at a public
21 meeting attended by other City officials, officers or employees.
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23 (p) Continuing application after City service.
24 (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6)
25 shall, for a period of two years after his or her City service or employment has
26 ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)]
27 in connection with any judicial or other proceeding, application, RFP, RFQ,
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bid, request for ruling or other determination, contract, claim, controversy,
2 charge, accusation, arrest or other particular subject matter in which the City
of South Miami or one of its agencies is a party or has any interest whatever,
4 whether direct or indirect. Nothing contained in this subsection shall prohibit
any individual from submitting a routine administrative request or application
to a City department or agency during the two -year period after his or her
service has ceased.
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(2) The provisions of the subsection shall not apply to persons who become
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employed by governmental entities, 501(c)(3) non -profit entities or
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educational institutions or entities, and who lobby on behalf of those entities
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in their official capacities.
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(3) The provisions of this subsection shall apply to all persons described in
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paragraph (p)(1) whose City service or employment ceased after the effective
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date of this ordinance.
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(4) No person described in paragraph (p)(1) whose City service or employment
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ceased within two years prior to the effective date of this ordinance shall for
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a period of two years after his or her service or employment enter into a
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lobbying contract to lobby any city official in connection with any subject
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described in paragraph (p)(1) in which the City or one of its agencies is a
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party or has any direct and substantial interest; and in which he or she
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participated directly or indirectly through decision, approval, disapproval,
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recommendation, the rendering of advice, investigation, or otherwise, during
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his or her City service or employment. A person participated "directly"
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where he or she was substantially involved in the particular subject matter
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through decision, approval, disapproval, recommendation, the rendering of
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advice, investigation, or otherwise, during his or her City service or
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employment. A person participated "indirectly" where he or she knowingly
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participated in any way in the particular subject matter through decision,
approval, disapproval, recommendation, the rendering of advice,
investigation, or otherwise, during his or her City service or employment. All
persons covered by this paragraph shall execute an affidavit on a form
approved by the City Attorney prior to lobbying any City official attesting
that the requirements of this subsection do not preclude the person from
lobbying City officials.
(5) Any person who violates this subsection shall be subject to the penalties
provided in Sec. 8A -2(p).
II
1 l (q) City Attorney to render opinions on request Whenever any person included in
12 the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in
13 doubt as to the proper interpretation or application of this Conflict of Interest and
14 Code of Ethics Ordinance, or whenever any person who renders services to the
15 City is in doubt as to the applicability of the ordinance that person, may submit
16 to the City Attorney a full written statement of the facts and questions. The City
17 Attorney shall then render an opinion to such person and shall publish these
18 opinions without use of the name of the person advised unless the person permits
19 the use of a name.
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10 Sec. 8A -2. Procedure on complaint of violation.
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(a) Legally sufficient complaint. An investigation of an alleged violation by any
person included in the terms defined in subparagraphs (b)(2) through (6) and
subparagraph (b)(9), except the City Manager, City Clerk, City Attorney and
their immediate family, shall be initiated upon receipt by the City Manager of a
written complaint which alleges the elements of a violation, is based substantially
upon the personal knowledge of the complainant and signed under oath or
affmnation by the complaining person, and is legally sufficient to state a possible
violation of this chapter. Within 5 days after receipt, the City Manager shall send
a copy of a complaint to the alleged violator. The City Attorney shall make the
determination of legal sufficiency within 20 days. If the complaint is determined
to be legally insufficient, the City Attorney shall state the reasons for the finding
in writing and report the determination to the complainant, the alleged violator,
or respondent, and the City Commission.
(b) Complaints against Mayor, Commission Member or appointed city official. A
complaint against the Mayor, a commission member, City Manager, City Clerk,
City Attorney and their immediate family may be referred to the Commission on
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I Ethics and Public Trust, or may be addressed as provided in this section with
2 appropriate provision made by the City Commission for the fair and effective
3 investigation and determination of issues.
4 (c) Probable cause determination. A preliminary investigation of a legally sufficient
5 complaint shall be undertaken by the City Attorney to detennine whether there
6 is probable cause to believe that a violation has occurred. If, upon completion of
7 the preliminary investigation, the City Attorney finds no probable cause to
8 believe that a violation has been committed, the City Attorney shall dismiss the
9 complaint with the issuance of a report to the complainant, the respondent and the
10 City Commission. If the City Attorney finds from the preliminary investigation
11 probable cause to believe that a violation has been committed, he or she shall
12 notify, via certified mail, the complainant and the respondent in writing.
13 (d) Investigations. Investigations shall be conducted by the City Attorney, with
14 assistance from a department head or other department personnel if requested of
15 the City Manager by the City Attorney. Investigations shall be limited to the
16 allegations of the complaint, but shall include an investigation of all facts and
17 persons materially related to the complaint at issue.
18 (e) Public Records. The complaint, all proceedings and other records relating to the
19 preliminary investigation shall be public records under the provisions of chapter
20 119, Florida Statutes, unless otherwise specifically exempt chapter 119.
21 (f) Subpoenas. The City Attorney shall be empowered to make application to any
22 circuit court of this State which shall have jurisdiction to order witnesses to
23 appear and to produce evidence, or to give testimony touching on any issue in
24 question at any stage of the proceeding on a complaint. Any person who fails to
25 obey the order may be punished in a court of law.
26 (g) Final hearing on complaint. The City Attorney may schedule a final public
27 hearing on a complaint before the City Manager. Adequate notice shall be given
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to the complainant and the respondent. Adequate notice shall be presumed to be
2 10 -days advanced notice of hearing. The complainant shall present the case first.
Respondent may then present its defense.
4 (1) The complainant and respondent shall have the rights to present evidence
relevant to the complaint, to cross - examine and impeach witnesses and to
present rebuttal evidence. The City, through the City Attorney, or his or
her designee, may present additional evidence, cross - examine and
impeach witnesses and present rebuttal evidence.
(2) Final hearings shall not be conducted according to technical rules relating
10 to evidence and witnesses. Any relevant evidence may be admitted.
11 Hearsay evidence may be used to supplement or explain other evidence,
12 but shall not be sufficient in itself to support a finding. The rules of
13 privilege shall be effective to the same extent that they are now or maybe
14 recognized in civil actions. Irrelevant and unduly repetitious evidence
15 shall be excluded.
16 (3) The provisions of this subsection relating to final hearing shall be
17 supplemental to the provisions of the Code of Miami -Dade County section
18 2 -1074, as amended, relating to motions, motions in opposition to
19 proceeding, prehearing conferences, exchange of witness lists, procedures
20 for public hearings, evidence, and transcript of proceedings.
21 (h) Upon completion of any investigation and final hearing, the City Attorney shall
22 make proposed recommended findings of facts and conclusions of law, and City
23 Manager shall enter an order determining whether any provision of this chapter
24 has been violated and, in the case a violation is found, impose a penalty, as
25 provided in the ordinance or statute being enforced, costs and take appropriate
26 personnel action. The burden of proof shall be on the complainant, or the City,
27 to prove a violation by clear and convincing evidence in the record. The City
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Manager shall, within 60 days of the filing of a complaint render a final order
2 disposing of the complaint. If a person fails to comply with an order issued by the
City Manager, the City Manager may make application to the Miami -Dade
4 Commission on Ethics and Public Trust which shall have jurisdiction over the
complaint, or to another agency which may have jurisdiction over the complaint.
7 Attorney's fees. In any case in which the City Attorney finds no probable
8 cause to believe that a violation has been committed or determines that the
9 complaining party filed a frivolous or groundless complaint, the City Attorney
10 may recommend to the City Manager, and the City Manager may order the
11 complaining party to pay any costs and attorney's fees incurred by the City.
12
13 Prospective jurisdiction. Any alleged violation committed before the effective
14 date of this ordinance shall be governed by the applicable City of South
15 Miami, Miami -Dade County and State of Florida Code of Ethics Ordinances,
16 Conflict of Interest Ordinances or Lobbyist Registration and Reporting
17 Ordinances in effect at the time of the alleged violations.
18
19 (k) Personnel proceeding. Where an employee of the City of South Miami is
20 alleged to have violated a law within the purview of this ordinance, and based
21 upon the same set of facts, is subject to an ongoing disciplinary action
22 initiated by the City, the City Attorney and City Manager shall stay
23 consideration of a complaint until the conclusion of the personnel proceeding.
24
25 U Statute of limitations. No action may be taken on a complaint filed more than
26 one year after the violation is alleged to have accrued.
27
Additions shown by underlining and deletions shown by ^ g.
-18-
1 (m) Termination of proceeding. A proceeding on a complaint shall terminate in
2 the event the respondent dies in office, leaves office for any reason or is
3 permanently separated from employment with the City, or enters into a
4 settlement agreement with the City Manager.
5 (n) Appeal and judicial review. An aggrieved respondent may appeal an adverse
finding of a violation to the City Commission. Review by the City
Commission shall be on the record and limited to determining whether the 1)
respondent was afforded procedural due process; 2) findings of fact are
supported by substantial competent evidence and 3) conclusions are correct
10 as a matter of law. An aggrieved respondent must first exhaust its right to an
11 appeal to the City Commission before seeking review by the circuit court for
12 Miami -Dade County. Review by the circuit court shall be pursuant to the
13 Florida Rules of Appellate Procedure.
14
15 (o) Proceedings by the Miami -Dade Commission on Ethics and the Florida
16 Commission on Ethics. To the maximum extent allowed by law, the Miami -
17 Dade Commission on Ethics and the Florida Commission on Ethics shall
18 abate proceedings on any complaint, which is filed by the same complainant
19 against the same respondent, and involving substantially identical facts, until
20 the City completes its proceedings on the complaint. The City shall promptly
21 notify the Miami -Dade Commission on Ethics and the Florida Commission
22 on Ethics when it learns that a substantially identical compliant has been filed
23 with either of those agencies and request that their proceedings be abated until
24 the conclusion of the City's proceedings. The City's findings of facts,
25 conclusions of law, final determination and imposition of a penalty shall be
26 accorded a presumption of correctness by those agencies.
27
Additions shown by underlining and deletions shown by ovate Wk g.
-19-
(p) Penalties and personnel action. The City Manager may assess a fine, not to
exceed $250 for the first offense, and $500 for any subsequent offense of this
chapter, and costs of investigation. The City Manager may take personnel
action and may enter into stipulations and settlements as are just and in the
best interest of the citizens of South Miami.
Section 3. Chapter 8A of the City Code is amended to renumber section 8A -4.1,
"Influence of board members by mayor and commissioners, appearance before boards," to
section 8A -4.
9 Section 4. Repeal. All ordinances or parts of ordinances in conflict or inconsistent
10 are repealed.
1 I Section 5. Severability. If any word, clause, phrase, sentence, paragraph or section
12 of this ordinance is held to be invalid by a court of competent jurisdiction, such declaration
13 of invalidity shall not affect any other word, clause, phrase, sentence, paragraph or section
14 of this ordinance.
15
16
17
18
19
20
21
22
23
24
Section 6. Effective Date. This ordinance shall be effective upon passage by the
City Commission on second reading.
PASSED AND ADOPTED BY 5 -0 vote of the City Commission on first
reading this 16 t h day of February, 1999.
PASSED AND ADOPTED BY 5 - 0 vote of the City Commission on second
reading this 2 n d day of March, 1999.
P1 .. W _ /
25 READ APPROVED AS TO FORM:
26 /
27 161TY ATTORNEY
COMMISSION VOTE: 5 -0
Mayor Robaina: Yea
Vice Mayor Oliveros: Yea
Commissioner Feliu: Yea
Commissioner Russell: Yea
Commissioner Bethel: Yea
Additions shown by underlining and deletions shown by ^ ° °- riki g.
-20-
ladww, ,
® CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: Mayor and City Commission Date: February 9, 1999
From: Earl G. Gallop Re: Proposed ethics ordinance
Proposal: The draft ethics ordinance provides comprehensive standards for ethical
behavior for all city officials, board members and employees. It is derived from the county
code of ethics and conflict of interest ordinance. The county ordinance has been improved
in this draft. The draft includes a municipal version of the recent county "Cone of Silence"
amendment and prohibition lobbying city officials by former city officials. The draft creates
procedures for determining the legal sufficiency of a complaint, investigating and
determining probable cause to believe that a violation has occurred, final hearing, penalty
and personnel action, appeal to the city commission, review by the circuit court, and
deference to the city's actions in proceedings before the Miami -Dade County Commission
on Ethics and Public Trust or the Florida Commission on Ethics.
The purposes of the proposed ethics ordinance are to: 1) update the city's conflict of
interest ordinance [sec. 8A -4]; 2) create comprehensive standards for ethical behavior; 3)
place the initial responsibility for policing misconduct with the city; 4) attempt to establish
deferential treatment of city action on ethics complaints by county and state ethics
commissions and 5) avoid multiple proceedings on the same complaint. The ordinance
satisfies the requirement of the charter for the city commission to adopt an ethics ordinance.
Action on complaints against department heads, employees and board members are
determined by the city manager. The city commission can either determine complaints
against elected and appointed city officials, or forward the complaint to the county ethics
commission.
Commission issues: Issues for consideration by the commission are whether:
• The city manager, or the commission, should determine complaints against board
members;
• The commission, or the county ethics commission, should determine complaints
against elected and appointed city officials;
• The Cone of Silence should be extended to communications by persons doing
business with the city with elected city officials;
Mayor and City Commission
February 9, 1999
Page 2
• Section 8A -3, "Fair and equal treatment" should be retained or repealed;
• Section 8A -4.1, "Influence of board members by mayor and commissioners,
appearance before boards," should be retained or repealed.
Further action: Section 8A -5, "Lobbyists; registration and reporting, exemptions,"
should be evaluated and revised, if appropriate.
Recommendation: Approve draft ordinance on first reading.
N: EOallop CSMMEMOS E�ics ord mem.doc
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