Ordinance_Amendment_8A-1__e__GiftspsCArevORDINANCE NO. _________________
An Ordinance amending Sec. 8A-1 (e) of Chapter 8A of the City of South Miami’s Code of Ordinances concerning gifts and to provide an exception for certain solicitations of gifts that
benefit the City and for the promotion of special events sponsored by non-profit organizations.
WHEREAS, the Miami-Dade County 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; 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 exceptions which include the promotion of non-profit events and solicitation of gifts that benefit
the County; and
WHEREAS, the Mayor and City Commission for the City of South Miami desire to adopt the exemption for the solicitations of gifts that would include the promotion of the events sponsored
by non-profit organizations and solicitation of gifts on behalf of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 8A-1 (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.
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.
(2) Exceptions. The provisions of paragraph (e)(1) shall not apply to:
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;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature.
e. Gifts solicited by City employees on behalf of the City in the performance of their official duties for use solely by the City in conducting its official business;
f. Gifts solicited by Commission members on behalf of the City in the performance of their official duties for use solely by the City in conducting its official business;
g. Gifts solicited by Commission members, or City employees, on behalf of any nonprofit organization for use solely by that organization where neither the