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ORDINANCE NO. _____ _
An Ordinance amending Chapter 8A and specifically Sections 8A-4 to clarify the
intent and resolve an ambignity and to amend 8A-4 to clarify and expand definitions
of the City of South Miami's Code of Ordinances.
I~
WHEREAS, the City code creates assemblies of volunteers as identified variously as a "board",
"committee", "authority", "task force", or "agenci' with no formal definitions or distinctions between
them; and
WHEREAS, City code regulates appearances of elected officials before "boards" but not
"advisory committees" or other assemblies of citizen volunteers; and
WHEREAS, the City code that regulates appearances of elected officials before "boards"
presumes that any official so appearing has a financial or personal interest in an item before the board;
and
WHEREAS, a deliberative process requires independent review by members of the applicable
board; therefore, members of the City Commission should not directly influence decisions by a board
with jurisdiction over actions that require quasi-judicial procedures for items that are binding on the City,
and for which the Commission could be next level of appeal, e.g., the Enviromnental Preservation and
Review Board and the Historic Preservation Board.
WHEREAS, the City benefits from free interaction and exchange of ideas between elected
officials and advisory committees on matters where the officials' interests are purely professional and
associated with the proper carriage of their official duties; and
WHEREAS, the Miami-Dade County Commission on Ethics has asked the City to further clarify
this ordinance, particularly with respect to distinctions between quasi-judicial boards that make binding
decisions representing 'final agency action', versus advisory bodies that provide non-binding
recommendations to the City Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1.
to read as follows:
Section SA-I of the City of South Miami's Code of Ordinances shall be amended
Sec. SA-I. -Conflict of interest and code of ethics ordinance.
(a) Designation. This section shall be designated and known as the "City of South Miami Conflict
ofInterest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as
defmed 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 provisions of this section 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 mm!v be effeeti-ve:
ill The term ",,~ommission mMembers" shall refer to the Mmayor and the Mmembers of
the ,,~ity ,,~ommission.
(~) The term "autonomous personnel" shall refer to the members of autonomous boards and
the term "autonomous board" shall mean autonomous agencies, boards, and authorities, such
as the South Miami Community Redevelopment Agency, the PeHsisH BS!lfd, the BS!lfd sf
Trustees fSf the j3s1iee j3eHSiSH, City of South Miami Police Officers' Retirement Trust Fund
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and the Health Facilities Authority. authorities, boaras ana ageneies, saeh as the eity
eommlfRity reae'relopmeRt ageney ana the health faeilities anthority.
CD The term "quasi-judicial personnel" shall refer to the members of quasi-judicial boards the
plannmg boara, the enviroRfReRtal review ana preservation boara, the eoae entereemeRt
boara ana Slfsh other maj.yidlials, boaras ana ageneies of the sit)' as perfurm '!'lasi jaaieiai
Rlnetions. and the term "quasi-judicial board" shall mean any board that performs quasi-
judicial functions, including the Environmental Review and Preservation Board CERPB) and
the Historic Preservation Board.
(4) The term "advisory personnel" shall refer to the members of advisory boards or
committees and those eity aavisory boaras ana ageneies vmose sole or primar)' responsibility
is to reeommena legislation or give aavise to the eit)' eommission. the term "advisory
committee" or "advisory board" shall mean any board or committee whose primary
responsibility is to make recommendations including recommendations as to policy,
programs, or legislation or to give advice to department personnel, other boards, and the City
Commission,. Advisory boards and committees include the Planning Board, the Parks and
Recreation Board, the Green Task Force, and the Urban Landscape Committee.
(5) The term "departmental personnel" shall refer to the ,,~ity s~lerk, the s~ity mManager,
department heads, the ,,~ity a8,ttorney, and all assistants to the s~ity ,,~lerk, s~ity
mManager and e~ity aAttorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the eCity.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial
benefit conferred, or to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling fmancial interest" shall refer to ownership, directly or indirectly, of
ten percent or more of the outstanding capital stock in any corporation or a direct or indirect
interest of ten percent or more in a firm, partnership, or other business entity at the time of
transacting business with the ,,~ity.
(9) The term "immediate family" shall refer to the spouse, parents, children, siblings, aunts
and uncles, nieces and nephews, first cousins, grandparents, grandchildren, and in-laws of the
person involved.
(10) The term "transact any business" shall refer to the purchase or sale by the e~ity of
specific goods or services for consideration and to submitting a bid, a proposal in response to
a RFP, a statement of qualifications in response to a request by the ,,~ity, or entering into
contract negotiations for the provision on any goods or services, whichever first occurs.
(11) The terms "board" and "committee" shall mean a grOUP of two or more people who are
members of an organization created by the City or by Florida Statutes for any purpose and
whose members are appointed or ratified by resolution of the City Commission.
Section 2,
to read as follows:
Section 8A-4 of the City of South Miami's Code of Ordinances shall be amended
Sec. 8A-4. -Influence of board members by mayor and commissioners, appearance before
boards.
The mayor and commissioners of the city are hereby prohibited from:
(a) Attempting directly to influence tlle decision or official act of any member of any quasi-
judicial board of the e~ity.
(b) Appearing before any sooh quasi-judicial board except upon invitation ofa majority of the
members of such board; provided, however, that if the mayor or a commissioner shall appear
before such board concerning a quasi-judicial matter without invitation, he shall be presumed to
have a financial or personal interest in that allY matter which he or she shall have advocated or
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espoused before the board and shall be disqualified to vote thereon in his or her official capacity.
However, nothing contained herein shall be construed to be an ethical violation of this Section if
the uninvited appearance of the Mayor or a Commissioner is for personal reasons or due to an
application filed by him or her and not otherwise a violation of the City's Ethics Code.
(c) Excepted from the provisions hereof are (i) is participation by the mMayor or members of the
e.<:ommission in the acts and deliberations of any board of which they are ex officio members,
and (ii) appearances before any quasi-judicial board concerning matters that are not quasi-
judicial, (iii) amleal'aflSOS befoFo a EjHasi jH6ieial boare eoneeming a matteF eloaFly iaeRtifiee
from the start as one of fiHaaeial OF l'eFsonal iRteFest aae invoking eisElHalifieation to voto as
eetailee in (b) above.
Section 3: Codification. The provisions of this ordinance shall become and be made part of the
Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be
renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to
"section" or other appropriate word.
Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance.
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 6. Effective Date. This ordinance shall become effective upon enactment.
Passed and Enacted this __ th_ day of _______ , 2016.
ATTEST:
CITY CLERK
1" Reading
2nd Reading
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY
AND EXECUTION THEREOF:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Harris:
Page 3 of3
SUNDAY MAY B 1016
MIAMIHERALD,COM
FROM PAGE nSE
CALENDAR
nent Art Collection contams over
1,700 works In all mediums and
genres, including painting, sculp-
ture, worKs on paper, photog-
raphy, videq, film, installation and
public sculpture, "Recent Acquisi-
tions + Highlights" will be the
Museum's first long format
installation containing selections
from the College's vast coltec-
tion.·May 8-May 1112. p,rn.-5 p.m.
Free Miami Dade College -Mu-
seum of Art + Design 600 Sis-
cay~e Blvd., Miami.
Monday. May 9
Artifact: Mid-Century & Con-
temporary Design On the occa-
sion of Maison & Objet Americas,
M~y 10-13, Gauche! Fine Art
presents "Artifact," a vivid display
combining French mid-century
design furniture together with
cOr1temporary works by prolific
French artists Patrice Breteau,
Olivier Dassault and Alair1 Bellino
The vigr1ette showcase will
feature an elegar1t interior desigr1
pairing of mid-century modem
lighting and console, comple-
mented by mid to large-scale
sculptors and pa'intings throllgh
out the first level showroom. The
m~in centerpiece will be the Twin
Bird sculptors by Patrice 8etreau,
whose 3-dimensional monu-
mental works go beyond geo-
metric art to create new rules
wllere light predominates and
chromatic variations, lines and
shapes come together to reach a
perfect harmony -ultimately
transforming and Irradlatlng ally
type of lanclscape or architectural
space. May 9 -May 11 Free Gau-
chet Fine Art 7636 NE 4th Ct.,
Miami.
Inside/OUT: Art as Healing
Therapv Members of more than
a dozen non-profit orga~izations
as well as local artists collaborate
to celebrate the important role
art plays in the healing process.
May 9 -May 119 a.m.-B p.m. Free
ArtServe 1350 E. Sunrise Blvd.,
Fort Lauderdale.
Lemon Clty/LiHle Haiti Exhibit
This colorful exhibit explores the
history of lemon City -Little
Haiti
Visit the Dade Heritage Trust
headquarters to enjoy this exhib-
it, ilnd learn more about this pMt
of Miami and its colorful history.
May 9 -May 11 9 a,m,-S p,m. Free
Dade Heritage Trust 190 Sf 12th
Terrace, Miami.
You Too Can Learn Charisma at
NAWBO's May 9 Signature
Dinner The Natlonal AS50clat'lon
of Women Business Owners, in
partnership with the Organiza-
tion of Women in International
Trade and the Women's Chamber
of Commerce, present block-
buster keynoter Ruth Sherman
for its May 9th Signature Dinner
--a series of intimate and inter-
active conversations about
women's leadership and person-
al/professional development.
Sherman, who will have her latest
book on-hand for purC,hase,
SPEAKRETS The 30 Best, Most
Effective, Most Overlooked
Marketing And Personal Branding
Essentials (Norseme.n Press, June
15,2015). will offer unforgettable
anecdotes and insights on how to
have a greater impact when
communicating publicly or
privately, tips on boosting your
charisma and how to enter any
room, and command it! May 9 6
p,m. $40-$65 www.nawbomia-
mi.org/content.aspx?pagejd
=22&c!ub jdoo454461&mod-
ulejd=1859S4 Seasons 52 321
Miracle Mile, Coral Gabl~.
Tuesday. May 10
The Behavioral Helllth Confer-
ence: Building Healthier Com-
munities United Way of Broward
Cou~ty Commission on Sub-
stance Abuse, in collaboration
with Broward Behavioral Health
Coalition & Broward Couflly
Government, will present "The
Behavioral Health Conference:
Building Healthier Communities,"
a two-day conference promoting
community awareness and sup-
port of behavioral health and
substance abuse prevention.
Featuring two full days of break-
out sessions and speakers, the
confere~ce will provide a forum
where participants can learn,
inform, network and discuss
issues related to research, policy
and practke~ e~pand profession-
al ~nowledge~ provide quality
continuing education to behav-
ioral health prolessionals: and
promote community aware~ess
of behavioral health and sub-
stance abuse prevention, Darryl
Strawberry, former Major league
Baseball AU-Star and World
Series Champion, best-selling
NEIGHBORS I 27SE
author and the Co-Founder of
the Darry! Strawberry Recovery
Center and Strawberry Ministries,
will provide the Keynote Address
durlr1g a Luncheon 011 May 10th.
Business attire is required. 5/10-
May 11 7:45 a.m.-4 p,m. $50
Signature Grand 6900 State Rd.
84, Davie.
Jewish NatiDnal Fund Hosts:
Ethics In the Field: An Inside
Look at the Israel Defense
ForcesA JOir1 Jewish National
Fund (JNF) for a special event o~
Ethics in the Field: An InSide
Look at the Israel Defense Forces
featuring guest speake.r Colonel
Benlzi Gruber, Col. Bentzi Gruber
is Vice Commander (reserves) of
Division 252, an armored division
of 20,000 soldiers, He is founder
of Chesed In The Field, a non-
profit that brings together IDF
feservists and chronically ill and
disabled children for special
events througliout the year,
Instilling the values of commu~i
ty and social responsibility in the
hearts of thousands of soldiers,
Please RSVP to R5VPMia-
mi@jnf.org by May 6, 2016. May
10 7 p.m, Free Miami Beach
Jewish Community Center 4221
Pine Tree Dr., Miami Beach.
CITY OF SOUTH MIA1\fI
COURTESY NOTICE
NOTICE IS HEREBY ghl:1l 111ll1!he Cily f'ummissiun uf!he Cil)' of SnuO, Miami, l'l"rid. will clfnd,.:t1'uhli~ H~Rri,'g(S)
a! il< reguJru: CllyC(lmmis5ion m~ling ~cbcduJtd fullbc.slla)" MAy 11, 2016. hcglnllmg M 1:00 p.m., in the City<omrni",mn
lh!!mbers, (,nn Slm~et Dnve. TO ~"nlider lhe follllwing itemIS);
A Re"oluti.<m al"hr>ri~ing the Cil}' MaMger ," enler inll'l n Letter M Auth"ri7.111,'n ILOAl with Sprint Snlull~n8 b,
piggyh;l(;k unlL> Srrint~.mulli-yf'~r ~~,"emclll with the Sln!~ "f Flnri,j:, r"r c,,,,unW\ic31i"n~ ~t"rvi~~
A Rtsolllilun appr,willg ~ r04,,<st for "" c~lcnai"n.:of lime filt i'lu:mc~'uf pemlilll for a Sp~ci"l L',e ~'"l W"J<
Ilr~viOl'!lly ~Pllr,,""d b)' ReSl,lu,;;o1\ N~.J9"-15-j~5~(', In lu~ate a g~llernl f<!SiaWl1nl nl .;840 SW 11 Street
(CI"JU!,"n:i~1 Spa"" -102),
A R",,,,lU1inll npptoving a lCquC'! t;,r an ~~1o..'!l5ion uf liute for issuallcC nf permits for ~ .'lpcdnl \J.e !hat was
pt('Violldy nppmv<:d by Re:rolulmh N".l9)1-1.~-1453S, 10 ln~~!e a g\lIlN";ll reSlallllUlI" RI ~S4() ~'W 71 gb"e~t
l("nmmer"i31.'lpnce-lOll .
j An()rJlI\'ru;~ ,"\IllOmo..!nA-'-:llIlrTer ~l\ ml(I ~JI~cific:olly ~~~ti~n. HA_~ too clarifY tho inl .. nl "nd re.'nl~a onamhl.·gUi!Y)
" tUld t" ~mmd 8A4itJ clorilY ~nd oxpru,d deJlmll~"" ofUm CIty "fS"nlh Mi"mi'~ Cod~ ufO!(I!rumors.
'\ll Ordin,""" ,,","n()mg Scctmn 20-4.2 oflhe Cily of$uulh MillinI'" Loold ll""olopmcnl (,,,de III ~dd ('TikI!' and
"~l1e",1 pfl)cedl\l"~ lilllh~ C;I{~ Mppr,,\~,1 "fill\: >ubdiv;siun "f IM(\ indm]in ... 5Pbdivisi'lIl by ~ WIlivor aII'M ('T
lhwugh Ih~ pwc<.<s sci ("rlh ill Ch.pM 2S "r!ll~ Miami-DaM Cmmt)' (,,,de.
An OnHl\ilnoe of tbn Cily Ijf S"uth MiBmi "~t.o.hllshiltg ~ 1Il1)fnloriu(n ~1l Q," subdivisinll of p~r,:eL; 1,f1:md pl!llding:
lhe adoptl"n uf IIIl ~mendm~I'1 In the Clty'3 LRiid D" ..... IOj'menl rOM, SeCltnll 20-4,2, !\llVemiDg .nMin";"n oJ
Innd unol enllctrnenr of Sec nOll 20-5, 17, gllvernin.~ huildnble .lies.
All Ordinance ,unending Cb!lllter 15 ()f tim City <'f Snulh Mi,nmi" ('<'de of OrdillllnC"~, Arti"l. I, Secr;un
15-66, titled "!<i.:>!C mi"'~mcool"I3'" tUld ~, iluthome !he i,sll.moe uf a elvil ciIMi,," in 1;'0 "r ar,eSI fllr c"rrain
11,isdeme,lfl(ln. uT~b1i>hh,g mfcro.",""T. pennllits mw pn'celhlresre!at;ng Ihereln.
,\n (inlinnnc" relo!ing TO lh~ City'S Sdle<lule ,,[ r~. "ltd rines: a" .. ,mling ""li"~ll"e 21_14_22()1)'!" ;IlCT~",'" .on\~
leeS, Dlhlingnew Je"", and deMing ~()me l"es from the 8d,"dule.
AU,inl","sred "ar(ill~ ~!e imdred to .!t."d 31ld will he h~ar<1.
1'<>r lilllh~r infi>rrru,tinn, pJ~"," cnnlllCl the Ci\y Clcr1<'~ OHice at: '05-6~_~-6J40.
Maria M,Mcnrndt~ G\1C
Cit)' Clerk
Pm,,,,,,, '" F~""t:, ~Mu",.l~f;.010.'. Itt< I"il)' h ... hy "1I'i,,.' Ih; ~\lhl;< 10,,1 !f. p''''''" ,I.dd" ~"rr"l "'l' ,1.0;,"," 11\:,,1. ~y lhi, fj,"~lA~.n'~
<0, ('~jn",i.,;"" y.;!h '<SI,.,n'I" "~' moll .. ''''l.,j~",d ,It or. mO<lh,~.1I h .. ri"~.It. ",.w.. will ",ort" «"""'lOCI!:. pID&«dinl' •. '00111.'1 "" '''"It
?"'llo"" ./I,",,,,l p""on ""'>' ","d IL' ."'"" Ih.ol A '''''''oWr. "'CQrO M 'll< pm"",dm)" i. modo whioh ",,:um tnolotl .. 10. 1.'ln""~' 'n<l """1,,,0"
opu" "hi<h I),., opp •• 1 i.o I~~' ~.«8.
The Taoist Tai Chi Soolety" internal arts and methode
inoorporate stretohlng and turning into a sequenoe
of movemente that Improve the health of ~ody. mind,
and spirit. They reduoe tension, improve oiroulatlon and
~alanoe, and inorease strength and flexi~illty.
New Beginner Class Start
Thurs"ay, May 19, 6:00 " 7:30 p.m.
Tuesday, June 7, 6:30 " 8:00 p.m.
Saturday, June 11. 9:30 " 11:00 a.m.
Taoist Tai Chi Society of the USA
A CHARITABLE ORGANIZATION