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HomeMy WebLinkAboutO-11191J-94-496 8/10/94 M ORDINANCE NO. ra 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 authorized and directed each city and town to provide a system of retirement for elected officials; and WHEREAS, the City of Miami, Florida, wishes to carry out the intent and directive of the State Legislature and is desirous of providing a retirement system for elected officials; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Sections 40-250 and 40-255 of the Code of the City of Miami, Florida, are hereby amended and made a part hereof, in the following particulars: 11 "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: 1/ 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. a) Contribution shall mean the sum of all amounts contributed by the City on behalf of an elected officer of the City of Miami. b) Beneficiary shall mean any person receiving a retirement allowance or other benefit from the retirement system for elected officials. c) Benefit shall mean a retirement allowance or other payment provided by the retirement system. d) Compensation shall mean salary and emoluments paid to the elected officer. e) ^_-n__cuti -= Service shall mean an elected officer who has been a Commissioner for a period of twenty f2Ot ten (10 ) years or more. f) Elected Officer shall mean a Commissioner as elected in accordance with Section 4(b) of the Charter of the City of Miami as it now exists or as it may hereafter be amended. g) Elected officers absent from service shall mean any member ceasing to be an elected officer during any term of office wherein said elected officer entered or enters and served or serves in the Armed Forces of the United States of America during any period which the United States of America was or shall be engaged in war and who thereafter was or shall be appointed or again elected to the same elected office prior to discharge from such service in the Armed Forces. h) Pension shall mean a series of periodic payment for the life of the elected officer. i) Retirement shall mean a voluntary resignation b the —elected —officer —fra3fr--sicciz elective office Commissioner who no longer serves as a City Commissioner. j) Trustee shall be the Director of Finance. kI Elected officer benefits shall vest after ten (10) years of service. Sec. 40-255. Benefits. Any elected officer as herein defined, who has been a commissioner for a period of ' -2- 11191 ten (10) years or more and who voluntarily resi no longer serves as a City Commissioner, shall be entitled during the remainder of his natural life to a sum equal to one-half (1/2) of his/her W-2 wages for the calendar year preceding resignat .�.._termination highest of the last three 3 ears of service of his/her term of office and a single sum death benefit fully vested at date of death. Upon vesting and each year thereafter of service as a City Commissioner, the retirement allowance shall increase by five percent (5%) for each year of service to a maximum of one hundred percent (100%) of the highest W-2 wages. * * * * *ft Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, ` the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this gth day of September , 1994. -3- PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of October 1994. JAT. S EPHEN P. CLARK, MAYOR MATTY HIRAT, CITY CLERK PREPARED AND APPROVED BY: RAMON IRIZA I ASSISTANT ITY A TORNEY APPROVED AS TO FORM AND CORRECTNESS: A. , QU JO E , II� CITY ATTOR E RI:bf:M2026 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 2 r_ TO : The Honorable Mayor and Members ' ` ' = `DATE : August 8, 1994 FILE of the City Commission SUBJECT : Elected Officials Retirement Trust FROM : REFERENCES: Cesar H. Odio City Manager ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission approve the attached ordinance containing modifications to the Elected Officials Retirement Trust. BACKGROUND Several modifications to the e)dsting legislation enabling the Elected Officials Retirement Trust require implementation to establish a more reasonable benefit structure and consistency with other City pension plans. The recommended modifications are as follows: 1. The definition of service shall now mean an elected officer who has been a Commissioner for a period often (10) years or more as opposed to twenty (20) years or more. 2. Retirement shall now mean a Commissioner who no longer serves as a City Commissioner as opposed to the voluntary resignation by the elected officer from such elected service. 3. A vesting period shall be established after ten (10) years of service. 4. A retirement allowance shall be established based upon the highest of the last three (3) years of service as opposed to the calendar year preceding resignation or termination. 5. Upon vesting and each year thereafter of service as a City Commissioner, the retirement allowance shall increase by five percent (5%) for each year Mayor and Commission August 8, 1994 Page 2 of service to a maximum of 100 hundred percent (100%) of the highest W-2 wages. If you require additional information or clarification, Please contact me at your Iconveiuence. Cam D� titXttt ATV Oy MATTY HIRAI City Clerk +O nuv still December 13, 1994 CESAR H. ODIO City Manager Louis Tomeo Court Operations Officer 1351 N.W. 12th Street, Rm 7--701 Miami, FL 33125 Dear Mr. Tomeo: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11184 11188 11189 11190 11191 11192 11196 11199 11200 11201 Also enclosed is Resolution 94-871. Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY. DEPUTY CLERXJ RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 fit# of ` tcnxtt MATTY HIRAI c"N °j •rr CESAR H. ODIO City Clerk F' y3 City Manager O Iltl 11 Olt r December 13, 1994 Office of the State Attorney Attention: Rosemary Ricotta 1350 N.W. 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11184 11188 11189 11190 11191 11192 11196 11199 11200 11201 Also enclosed is Resolution 94-871. Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: 0 a 0124A*�,eV—qa�ttcc/ DEPUTY CLERK RECEIVED BY: DATE: MH:vg Enc. a/s I OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 of�xx� MATTY HIRAI City Clerk CESAR H. ODIO City Manager December 13, 1994 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11184 11188 11189 11190 11191 11192 11196 11199 11200 11201 Also enclosed is Resolution 94-871. If I can be Of any further assistance, please do not hesitate to call. Very truly ours, wo_a�' AV Valerie Gre�wood Deputy Clerk Enc. a/s 1 OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 MIAMI DA Published STATE OF FLORID COUNTY OF DADE Before the undi Octelme V. Ferbe Supervisor, Legs Review f/k/a Miami and Legal Holidays County, Florida; t being a Legal Advi CITY OF ORDI Inthe ................... was published In Nov 7, Afftant further Review Is a new; County, Florida, si been contlnuousll each day (except I has been entered office in Miami In one year next pro( copy of.advertiser neither paid nor I any discount r of securinalhis r CITY OF MIIAMIj FLORIDA LEGAL NOTICE All Interested persons will take notice that on the 271h day of October, 1994, the City Commission of Miami, Florida, adopted the following titled ordinances: ORDINANCE NO.11183 AN EMERGENCY ORDINANCE AMENDING ORDINANCE N0,_11088, ADOPTED, .SEPTEMBER 7, 1993, WHEREBY A NEW SPECIAL REVENUE FUND ENTITLED' MIAMI HISPANIC MEDIA CONFERENCE' WAS ESTABLISHED AND INITIAL RESOURCES APPROPRIATED, THEREBY INCREASING SAID APPROPRIATIONS TO: SAID FUND`IN THE AMOUNT OF-S100,000; CONTAINING A REPEALER PROVISION -AND A SEVERABILITY CLAUSE. ORDINANCE NO 1118A AN EMERGENCY ORDINANCE AMENDING CHAPTER 22. ENTITLED `GARBAGE AND TRASH,' OF THE: CODE OF THE CITY OF MIAMI, FLORIDA,,;'AS AMENDED;' BY PROVIDING FOR ELIMINATION OF COMMERCIAL SOLID WASTE COLLECTION BY THE CITY OF MIAMI, REDEFINING 'RESIDENTIAL; UNITS` TO INCLUDE TRIPLEX,:AND rM lAna1161 CY R: PmhF'NCl:B:'AND INCREASING THE REGULATORY DING SECTIONS 22-1, 22-2, A0 22.92 OF; THE CITY INTAININa A. REPEALER: PROVISION, A SEVERABILITY AD PROVISION FOR AN EFFECTIVE DATE ORDINANCE NO.11188 ,. ; • . •........................... !rt:FY IIVIYCIJ gr7ffl DOCUMENTS IN A TO IMPLEMENT; 7 PROVISION AND A ........day of.... ... 1 �: AN ORDINANCE APRIL 14; 1994, ;T (SEAL) ., ORDLNANCE,,BY E t IMPROVEMENT PF Octelma V. Perbe GROUND FLOOR.; RwtlSS AN ORDINANCE MY ORDINANCE NO. I I189 AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY PROVIDING THAT THOSE PERSONS OWNING REAL PROPERTY IN THE CITY OF MIAMI ARE ELIGIBLE FOR MEMBERSHIP ON THE DOWNTOWN DEVELOPMENT AUTHORITY; THE WATERFRONT ADVISORY BOARD, THE BAYFRONT PARK MANAGEMENT TRUST, THE NUISANCE ABATEMENT • BOARD, THE STREET CODESIGNATION ` REVIEW COMMITTEE, THE -COCONUT GROVE STANDING FESTIVAL. COMMITTEE AND THE LATIN QUARTER REVIEW BOARD;' MORE' PARTICULARLY; BY AMENDING SECTIONS 14.27(a), 20.63(Q130l 73(a)(1), 45-5.2(a)(1), 54.96(b)(6), 64=172(e) AND 62-78(b)(4) OF THE CITY CODE; , CONTAINING A REPEALER PROVISION AND' SEVERABILiTY CLAUSE AND PROVIDING FOR AN EFFECTIVE Oki" ORDINANCE N0. IIISO AN ORDINANCE .AMENDING THE CODE OF THE'CITY OF.MIAMI,-. FLORIDA, AS AMENDED, AMENDING ARTICLE IV OF CHAPTER 40;'. ENTITLED, 'PENSION AND RETIREMENT"PLANS, DIVISION !2 GiTY OF MIAMi FIRE FIGHTERS'AND POLICE OFFICERS' RETIREMENT• TRUST, MORE PARTICULARLY BY ADDiNG A NEW SECTION 40-220 AND ANEW SUBSECTION 40-212(H)(3);'CONTAiNING.W' EPE'ALER. PROVISION, 'A ' SEVERABILIT'Y CLAUSE, AND:: PROVIDING FOR._ EFFECTIVE DATES UPON' ADOPTION AS TO SECTION ,40-212(H)(9j;, AND AN EFFECTIVE DATE FOR SECTION 40.920 ON SEPTEMBER: 30, , 1998. ORDINANCE NO.j 181 k AN ORDINANCE AMENDING ARi�gHAPTER 40 OF TNT: CODE OF THE CITY -OF MIAMI, FLORIDA, A$;AMENDED;.ENTIiLED 'PENSION . AND RETIREMENT- PLANS, DIVISION, MORE PARTICULARLY. ; AMENDING SECTIONS 40.250 - . AND , 40r?65 CONTAINING A .REPEALER PROVISION AND, A SEVERARILITY CLAUSE AND,PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.11192 AN ORDINANCE AMENDING THE:CODEOF THE Ci*,OF•MIAMI,• FLORIDA, AS, AMENDED,,AMENDING`ARTICLE: ;IV. OF CHAPTER 40; 9.3D,-.1994, FORTHE PURPOSE OF.INCREASING ENTITLED, 'PENSION AND RETIREMENT PLANS;;DIVISION 2..CITY DNS; RELATING .TO OPERATIONAL' REQUIRE- OF MIAMI GENERAL, EMPLOYEES' AND +SANITATION :EMPLOYEES' I BUDGETARY. ADJUSTMENTS.' REQUIRED' FOR RETIREMENT TRUST ` MORE PARTiCULARLY";BY ADDING A"NEW>, AS1MORE PARTICULARLY DESCRIBED HEREIN; - SECTION '40.247', CONTAINING A REPF11LEt2',PROVISION "AND A` cP&LEA PROVISION AND ".A SEVERABILIIY SEVERABILITY CLAUSE AND PROVIDING FOR'AN EFFECTIVE DATE. FOR SECTION 40447"ON SEPTEMBER;30, 1998 ORDINANCE NO.11193 � ORDINANCE NO 11186 AN ORDINANCE'AMENDING THE fIiTURE LAND USE MAP •OF ORDINANCE ESTABUSHING A N",.$PECIAL ORDINANCE 10544,,'AS AMEND ED.:THE'MIAMI:COMPREHENSIVE ¢TITLED.; .'REFUGEE COMMUNITY;. STRENGTH- NEIGHBORHOOD PLAN.1989-2000,-FOR-THE PROPERTY LOCATED;: FY96�"'AND',.APPROPRIATING FUNDS' IN. THE AT APPROXIMATELY 3628 NORTHWEST- 2OTH COURT, MIAMI,'; '8 FOR SAID FUND FROM MONIES RECEIVED BY FLORIDA • (MORE PARTICULARLY. DESCRIBED, . ;HEREIN) . ; BY E U;S:QEPARTMENT OF HEALTH -AND HUMAN CHANGING THE LAND USE DESIGNATION FROM ," MULTI -FAMILY :- E OF ,'REFUGEE L RESETTLEMENT;:,,* L FURTHER MEDIUM DENSITY RESIDENTIAL TO ER GENAL COMMERCIAL;,, CITY ;MANAGER 'T0 ACCEPT THE'=AFORE- MAKING FINDINGS. INSTRUCTINGTHE TRANSMITTALOF A COPY T AWARD ANd:'-EXECUTE' THE"NECE5SARY OF,THIS ORDINANCE TO AFFECTED'AGENCIES, CONTAINING FORM ACCEPTABLE TO THE CITYrATTORNEY, REPEALER PROVISION AND SEVERABILITY CLAUSE, AND; SAID i. GRANT; CONTAIN1NGf -A',-,'REPEALER ,` PROVIDING FOR AN'EFFECTIVE DATE: VERABILITY CLAUSE. ORDiNANCEN0.1i194 ORDINANCE N0 11187 AN ORDINANCE AMENDING THE ZONING A AMENDING ORDINANCE NO 11139, ADOPTED ' ' NO. 11000, AS'AMENDED, THE ZONING QRDIL°E f�E B it: CAPITAL . IMFIiOVEMENT APPR60AIATJONS , OF MIAMI, FLORIDA, • ARTICLE 4, SECTION 401, SCHEDtlLE . F ` TA APPROPRIATIONS FOB A CAPITAL , DISTRICT REGULATIONS;'.: BY .;;_CHANGING THE ZONING% jiECT ENTITLED ,'ADMINIS1TiATlON" BUIi DING/- CLASSIFICATION FROM 'R 3 MULTIFAMILY. MEDIUM DENSITY ENCLO$URE',;PROJECT'..NO 311•(32, iN THE RESIDENTIAL TO C-2 LIBERAL COMMERCIAL FQt� THE>$ROPERTY,: )0; CONTAININR A REPEALER PROV61ON AIVO A LOCATED .AT 3629. NORTHWEST s20TH. CO,UR , . MIAMI; FLORIDA' 1SE (MORE PARTICULARLY* DESCRIBED HEREIN)'AND BY'MAKINGALL' e4 THE NECESSARY CHANGES ON PAGE NO. 19 OF SAID ZONING? y ORDINANCE NO. II188 er ATLAS; CONTAINING A REPEALER PRUASiON.AND A SEVERABILITY' AMENDING ORDINANCE. NO 11130 WHICH CLAUSE. ;STANDAtIDS• FOR .CREATION AND{iREVJEIIV;OF "PROVIDING THAT SAID •:STANDARDS, 'AS ORDINANCE N0.1119¢ ICLE'XII1,617 CHAPTER 2 OF THE• CODE OF THE AN ORDINANCE AMENDING THE FUTURE. LAND US•E. MAP OF RIDA, AS;AMENDED; SHALL NOT APPLY TO_ CITY ORDINANCE NO. 10644,AS AMENDED, THE MIAMI COMPREHENSIVE HERE IS' A CHARTER PROVISION TOt THE NEIGHBORHOOD PLAN 1989.2000, FOR THE PROPERTY LOCATED. DVIDING;THAt (HOSE PERSONSOVVNINGREA- AT 2615 SOUTHWEST•7TH -STREET, MIAMI, FLORIDA (MORE CfJY,(J MIAMI ARE ELIGIBLE F,OR;N)E "BEfIS,Ii1P PARTICULARLY DESCRIBED' HEREIN), BY CHANGING: THE .LAND (3) PAOVIDING'FOR A PROCEDURE FOR:SHE USE DESIGNATION FROM SINGLE FAMILY RESIDltNT1A1-;TO. RD 5AEMOERE WHO HAVE CEASED TO COM('LY RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING -THE ITYcRECIUIkE ENT'S FOR MEMBERSHIP OF;CITY TRANSMITTAL -OF A COPY' OF THIS, ORDINANCE TO 'AFFECTED IIDINQ .THAT• Tt•IE CITY; CLERK S1 l)14 NFORM AGENCIES; CONTAINING A ' :' REPEAL ER PROVISION EFFECTIVE DATE, AND S5)Qbl .:,WHENEVER .A BOARD •• (ul_ 8 ji ,HAS `. SEVERABIUTY CLAUSE; AND PROVIDING FOR AN A BOARD, ; AND (6) . PROVIDING `r TIiI�T ';THE AT, EACH NET, ADMINISTRATOR, $NA)lL �4E A Said ordinances may be Inspected by the publk at da 9h FrideY 10WHIdR,OPFRATE,WITHIN ITB,'GEOplRA1?MiCAt.: 'Cierk�i}bQt) jg,M!ericaq Driva, M n!6. ,,QI x , 'QNSIBILITY DOES NOT PRECLUDE THE : * excfuding,holid#,ys,:betwaen the hours ut 9 m , n 6 P LIAISON-` 'P L 'OTHER PERSON,WHICH THE roe r i .t XtD�i rT)lIE i CITi'1lV(STHA.4DMTION MAYVSH TO o �T MATTY NIR!41 E IND'C'APAOLTY MORE .PARTICULARLY, BY CIT1rs�ERK > IN S 2 1$E,; 2.428, 2 433, AND 2 496 oF= tfiE CIT1( 1 •• �y�.'~ CITY CIF MIANIir Fk ffll) D A RF.PPAI,SR PROVISION AND SEVERABIUTY (02242) - •, , , 94 4.11073AM, 'IDING FOR'AN EFFECTIVE DATE. / i/7 DINANCE:AMENDING;SECTIONS 1, 3, 4, 6, NO.•.11090,•THE ANNUAL APPROPRIATIONS i SEPTEMSER:27,=,1993_,FOR FISCAL YEAR MIAMI DAILY BUSINESS REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelme V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Dally Business Review f/k/a Miami Review, a dally (except Saturday, Sunday i and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 11191 In the......................XXM. f.X....................................... Court, was published In said newspaper in the Issues of Nov 7, 1994 Attiant further says that the said Miami Dally Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matterat the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount ate, commission for the purpose Of securin his advertiseme r blica Ion in the said new spa r. Z11 Sworn to and subscribed before me this 7 November, 94 ........day of ............................................... ti............ A.D.19...... ��� (SEAL) ! l � � 1 Octelma V. r'e�e n��known to me. - OT+FICIAL NOTARY SEA1. YL tI hL�41+MER Cnti�IlSSil?TJ Nn• CC:42 RR. 12,19% MY CXi'N.glo{3 I' CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To : THE HONORABLE J.L. PLUMMER, JR. GATE : OCtOber Z8,1994 FILE Commissioner SUBJECT : Memorandum of Voting Conflict FROM AM HIRAI REFERENCES: City Clerk ENCLOSURES: At the Commission meeting of October 27, 1994, you abstained from voting on agenda item 25, 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 Memorandum 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: a/s FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC -OFFICERS LAST NAME- MRST NAME -MIDDLE NAME PLUMMER, J.L. MAILING ADDRESS �100 PAN AMERICAN DRIVE CITY COUNTY MIAMI DADE DATE ON WHICH VOTE OCCURRED October 27, 1994 COUNCIL. ITV. OR COMMITTEE CITY OF MIAMI COMMISSION THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: OXC rY D COUNTY V OTHER LOCAL AGENCY POLITICAL SUBDIVISION: MY POSITION IS: 15 ELECTIVE D APPOINTIVE WHO MUST RILE FORM 80 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 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 ,he 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 tender 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-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. partner, joint venturer, coowner of property, or corporate s"reholder (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 98 - W91 MAKE NO ATTEMPT TO IN, —UENCE THE DECISION EXCEPT BY DI. AJSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure 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 1, T T. _ P 1 +i mm P r y jr. , hereby disclose that on October 27 . 19 9 4 (a) A measure came or will come before my agency which (check one) 6'�' 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 stature of my conflicting interest in the measure is as follows: Agenda item #25, of the meeting of October 27,. 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. � G 4 /-7 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES if 12.317 (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 $5,000. X FORM IS . t491 PAGE 2 N CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To : THE HONORABLE MILLER J. DAWKINS DATE : October 28, 1994 FILE Vice Mayor SUBJECT : Memorandum of Voting Conflict FROM *ATTY REFERENCES: IRAI City Clerk ENCLOSURES: At the Commission meeting of October 27, 1994, you abstained from voting on agenda item 25, 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 Memorandum 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 �7 M 4� 2 ENC: a/s M o in r J­ v N W FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER L®CAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE DAWKINS, MILLER CITY OF MIAMI COMMISSION MAILING ADDRESS THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: 3500 PAN AMERICAN DRIVE CKCITy D COUNTY Q OTHERLOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION. MIAMI DADE Vice Mayor DATE ON WHICH VOTE OCCURRED MY POSITION IS: October 27, 1994 OX ELECTIVE O APPOINTIVE WHO MUST FILE FORM `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 112.3143, 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.under 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-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 sgareholdcr (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 wording 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 -11}91 PAGE 1 i 1F YOU MAKE NO ATTEMPT TO IN. .JENCE THE DECISION EXCEPT BY Dl.. JSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. e You must complete the form and file it within 13 days after the vote occurs with the person responsible for recording the minutes of the mating, 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 1, Mj,11? Y j n awk i n c , hereby disclose that on October 27 .1994 (a) A measure came or will come before my agency which (check one) X 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 25, of the meeting of October 27, 1994, concerned the followin Second 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." M, 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 for this item which directly concerns me, could be viewed as a conflict of interest. d November 1, 1994 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 TO EXCEED S5,000. CE FORM iB • W-91 PAGE 2