7Agenda Item No:7.
City Commission Agenda Item Report
Meeting Date: July 17, 2018
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section: ORDINANCE(S) FIRST READING(S)
Subject:
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. 3/5 (Mayor Stoddard)
Suggested Action:
Attachments:
Ordinance_Amendment_8A-1__e__GiftspsCArev_s.doc
1
Page 1 of 2
ORDINANCE NO. _________________1
2
An Ordinance amending Sec. 8A-1 (e) of Chapter 8A of the City of South 3
Miami’s Code of Ordinances concerning gifts and to provide an exception for 4
certain solicitations of gifts that benefit the City and for the promotion of 5
special events sponsored by non-profit organizations.6
7
WHEREAS, the Miami-Dade County Commission on Ethics has provided the City of 8
South Miami (“City”) with an ethics opinion that concludes that the promotion, by members of 9
the City Commission, of non-profit events is a violation of the City’s ethics code; and10
11
WHEREAS,the City’s current ethics ordinance does not provide an exception for the 12
promotion of non-profit events or the solicitation of donations that benefit the City; and13
14
WHEREAS,the Miami-Dade County ethic’s code Section 2-11.1 (e) (2) does provide 15
for exceptions which include the promotion of non-profit events and solicitation of gifts that 16
benefit the County; and17
18
WHEREAS, the Mayor and City Commission for the City of South Miami desire to19
adopt the exemption for the solicitations of gifts that would include the promotion of the events 20
sponsored by non-profit organizations and solicitation of gifts on behalf of the City.21
22
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 23
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:24
25
Section 1. Section 8A-1 (e) titled “Gifts” of Chapter 8A of the City of South Miami’s 26
Code of Ordinances is hereby amended to read as follows: 27
28
(e) Gifts.29
(1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether 30
in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in 31
any other form, without adequate and lawful consideration.32
(2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: 33
a. Political contributions specifically authorized by state law;34
b. Gifts from relatives or members of one's household, unless the person is a 35
conduit on behalf of a third party to the delivery of a gift that is prohibited under 36
paragraph (3); 37
c. Awards for professional or civic achievement;38
d. Material such as books, reports, periodicals or pamphlets which are solely 39
informational or of an advertising nature.40
e. Gifts solicited by City employees on behalf of the City in the performance 41
of their official duties for use solely by the City in conducting its official business; 42
f. Gifts solicited by Commission members on behalf of the City in the 43
performance of their official duties for use solely by the City in conducting its official 44
business; 45
g. Gifts solicited by Commission members, or City employees, on behalf of 46
any nonprofit organization for use solely by that organization where neither the 47 2
Page 2 of 2
Commission member nor any City employee receives any compensation as a result of 1
the solicitation. As used in this subsection, a "nonprofit organization" shall mean any 2
entity described in section 501(c)(3) of the Internal Revenue Code (the "Code") that is3
tax exempt under section 501(a) of the Code. As used in this subsection, 4
"compensation" means any money, gift, favor, political contribution, thing of value or 5
other financial benefit.6
7
* * * 8
Section 2. Codification. The provisions of this ordinance shall become and be made 9
part of the Code of Ordinances of the City of South Miami as amended; that the sections of this 10
ordinance may be renumbered or re-lettered to accomplish such intention; and that the word 11
"ordinance" may be changed to "section" or other appropriate word.12
13
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 14
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 15
shall not affect the validity of the remaining portions of this ordinance.16
17
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 18
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 19
20
Section 5. Effective Date. This ordinance shall become effective upon enactment.21
22
PASSED AND ENACTED this ____ day of _____________, 2018.23
24
ATTEST:APPROVED:25
26
27
________________________________________________28
CITY CLERK MAYOR29
1st Reading 30
2nd Reading 31
32
READ AND APPROVED AS TO FORM:COMMISSION VOTE:33
LANGUAGE, LEGALITY AND Mayor Stoddard:34
EXECUTION THEREOF Vice Mayor Harris: 35
Commissioner Gil:36
Commissioner Liebman:37
________________________Commissioner Welsh:38
CITY ATTORNEY39
40
41
3