HomeMy WebLinkAboutItem #30 - First Reading OrdinanceJ-94-496
8/10/94
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE IV OF
CHAPTER 40 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "PENSION AND
RETIREMENT PLANS, DIVISION III, MORE
PARTICULARLY AMENDING SECTIONS 40-250 AND
40-255; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the State Legislature, pursuant to Section 112.048,
Florida Statutes, has aut, forized and directed each city and town
to provide a syste of ret'rement for elected o icials; and
WHEREA the City- f Miami, Florida, wish s carry out the
E}
intent and it ctive of the State Legisla ncl 's desirous of
providing a'�ment system for electe� ,ficials;
NOW, HE FORE, BE IT ORDAINED H COMMISSION OF THE CITY
0 MI I, F ORIDA:
6
ection 1. Sectio 40 510 and 40-255 of the Code of the
rN
City of Miami, Flo i df ell hereby amended and made a part
hereof, in the follow'Rprticulars:
r
"Sec. 40-250. Definitions.
Unless a different meaning is plainly required by the
context, the following words and phrases as used in
this division shall have the following meaning: '
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain unchanged.
Asterisks indicate omitted and unchanged materials.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: THE HONORABLE MILLER J. DAWKINS DATE: September 12, 1994 FILE:
Vice Mayor
SUBJECT : Memorandum of Voting
Conflict
FROM : REFERENCES
MATTY HIRAT
City Clerk
ENCLOSURES:
Y
At the Commission meeting of September 8, 1994, you abstained
from voting on agenda item 29, namely:
"Amending Article IV of Chapter 40 of the Code of
the City of Miami, Florida, as amended, entitled
"Pension and Retirement Plans, Division III", more
particularly amending Sections 40-250 and 40-255;
containing a repealer provision and a severability
clause and providing for an effective date."
Kindly fill out parts (a) and (b) in the back of the attached
Memoranda of Voting Conflict for County, Municipal, and Other
Local Public Officers under "Disclosure of Local Officer's
Interest."
yyta Once both portions are duly filled, kindly sign, date and return
to our office at your earliest possible convenience so that we
I .
I� may immediately proceed to file them with the pertinent backup
documents pertaining to said items.
If you have any questions, please do not hesitate to call.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME— FIRST NAME —MIDDLE NAME NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITN.OR COMMITTEE
Dawkins, Miller City of Miami Commission.
MAILING ADDRESS THE BOARD COUNCIL. COMMISSION. AUTHORIT1 OR COMMITTEE Oh
WHICH I SERVE IS A UNIT OF.
3500 Pan American Drive P CM COUNTY p OTHER LOCAL AGENCY
CITI' COUhT1'
Miami Dade NAME OF POLITICAL SUBDIVISION.
Vice Mayor
DATE ON WHICH VOTE OCCURRED MY POSITION Is
September 8, 1994 N ELECTIVE O APPOINTIVE
WHO MUST FILE FORAM BB
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive count)', municipal, or other local public office MUST ABSTAIN from voting on a measure
which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom .be is retained (including the parent
organization or subsidiar)' of a corporate principal by which he is retained); to the special private gain of a relative; or to the special
private gain of a business associate. Commissioners of communityredevelopment agencies..under Sec. 163.356 or 163.357, F.S., and
officers of independent special tax districts elected on a one -acre, one -vote basis arc not prohibited from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in-
law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the
corporation are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters However,
you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and
whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE V1'LL BE TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
CE FORM BB - 10-91 PAGE 1
.J
IF YOU MAKE NO ATTEMPT TO il., LUENCE THE DECISION EXCEPT BY D._ -USSION AT THE MEETING:
• You trust disclose orally the nature of your conflict in the measure before participating.
• You must compkte the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of
the meeting, who must incorporate the form in the minutes. A copy of the form must be pro,6ded immediately to the other
members of the agency, and the form must be read publicly at the next meeting after the form is filers.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Miller J. Dawkins , hereby disclose that on September 8 , 1994
(a) A measure came or will come before my agency which (check one)
.- inured to my special private gain;
inured to the special gain of my business associate,
— inured to the special gain of my relative,
inured to the special gain of , by
whom I am retained; or
inured to the special gain of , which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Agenda item #29, of the meeting of September 8, 1994, concerned the
following:
First Reading Ordinance: "Amending Article IV of Chapter
40 of the Code of the City of Miami, Florida, as amended,
entitled "Pension and Retirement Plans, Division III",
more particularly amending Sections 40-250 and 40-255;
containing a repealer provision and a severability clause
and providing for an effective date."
Said item pertains to a pension and retirement plan.for elected officers
who have been Commissioners for a period of ten years or more. Since
I have served as a City of Miami Commissioner for thirteen years,
voting forj?this item which directly concerns me, could e viewed as
a con'f1ictc-\of interest.
' 0�% - f
Date filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TOEXCEED S5,000.
C'E FORM to - "I PAGE 2
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: THE HONORABLE J.L. PLUMMER, JR. DATE September 12, 1994 FILE
Commissioner
SUBJECT : Memorandum of Voting
Conflict
FROM REFERENCES
MATTY HIRAI
City Clerk
ENCLOSURES:
At the Commission meeting of September S, 1994, you abstained
from voting on agenda item 29, namely:
"Amending Article IV of Chapter 40 of the Code of
the City of Miami, Florida, as amended, entitled
"Pension and Retirement Plans, Division III", more
particularly amending Sections 40-250 and 40-255;
containing a repealer provision and a severability
clause and providing for an effective date."
Kindly fill out parts (a) and (b) in the back of the attached
Memoranda of Voting Conflict for County, Municipal, and Other
Local Public Officers under "Disclosure of Local Officer's
Interest."
Once both portions are duly filled, kindly sign, date and return
to our office at your earliest possible convenience so that we
may immediately proceed to file them with the pertinent backup
documents pertaining to said items.
If you have any questions, please do not hesitate to call.
MH:sI
ENC: als
•
ORNI 813 MEMORANDUM OF VOTING CONFLICT FOR
CUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME- FIRST NAME -MIDDLE NAME NAME OF ROAR D. COUNCIL COMMISSION. AUTHORITI.OR COMMITTEE
Plummer, J.L. City of Miami Commission
MAILING ADDRESS THE BOARD COUNCIL COMMISSION. AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF.
3500 Pan American Drive
_ cK CITY O COUNTY 17 OTHER LOCAL AGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION.
Miami Dade
Commissioner
DATE ON WHICH VOTE OCCURRED
MY POSITION IS
September 8 1994 }A ELECTIVE D APPOINTIVE
WHO MUST FILE FORAM &B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee It applies equally to members of advisory and non -advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 11Z3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom ,be is retained (including the parent
organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special
private gain of a business associate, Commissioners of community redevelopment agencies tinder Sec. 163.356 or 163.357, F.S., and
officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in-
law, son -in -la%, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the
corporation are not listed on any national or regional stock exchange).
ELECTED OFFICERS: ,
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters However,
you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and
whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BE TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
CE FORM 811 - 10.91 PAGE I
4W
IF YOU MAKE NO ATTEMPT TO IN. _UENCE THE DECISION EXCEPT BY DI.. _(JSSION AT THE MEETING:'\
• You must disclose orally the nature of your conflict in the treasure before participating. ;
® You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of
the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other
members of the agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
P > >> in m f- r •T r - , hereby disclose that on September 8 ' 1914
(a) A treasure came or will come before my agency which (check one)
inured to my special private gain;
inured to the special gain of my business associate,
inured to the special gain of my relative, ;
inured to the special gain of , by
whom I am retained; or
inured to the special gain of , which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Agenda item #29, of the meeting of September 8, 1994, concerned the following:
First Reading Ordinance: "Amending Article IV of Chapter
40 of the Code of the City of Miami, Florida, as amended,
entitled "Pension and Retirement Plans, Division III",
more particularly amending Sections 40-250 and 40-255;
containing a repealer provision and a severability clause and
providing for an effective date."
.r'
Said item pertains to a pension and retirement plan for elected officers
who have been Commissioners for a period of ten years or more. Since
I have served as a City of Miami Commissioner for over twenty years,
voting for this item, which directly concerns me, could be viewed as
a conflict of interest.
r
U.
f a.
LIJ
C_r- �7
Date Filed Si ature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000.
C'E FORM IB- 10-91 PAGE 2