HomeMy WebLinkAboutItem #09 - First Reading OrdinanceJ-93-274
4/23/93
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY AMENDING
ARTICLE IV OF CHAPTER 40, ENTITLED "PENSION
AND RETIREMENT PLANS, DIVISION 2. CITY OF
MIAMI FIRE FIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST", THEREBY PROVIDING FOR
COMPLIANCE WITH THE INTERNAL REVENUE
WITHHOLDING GUIDELINES, AS ENACTED BY THE
CONGRESS OF THE UNITED STATES OF AMERICA
PURSUANT TO UNEMPLOYMENT COMPENSATION
AMENDMENTS OF 1992; MORE PARTICULARLY BY
AMENDING SECTION 40-212(I)•, CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Congress f the United States of America has
enacted legislation whi xequires ce t� qualified pension
plans, such as y of Miami Fighters' and Police
Officers' tir m Trust, t vide recipients of certain
distribut no lect a r It ransfer to another qualified plan
or IRA Acc unt as an al ative to the withholding and current
taxation; and
WHEREAS, the City of Miami Fire Fighters' and Police
Officers' Retirement Trust is desirous of complying with Internal
Revenue Service's requirement; and
WHEREAS, the City Commission has an obligation to the
citizens of Miami and its employees to ensure that the Board of
Trustees act in accordance with applicable laws and the Ordinance
creating the Trust;
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FORM $B MEMORANDUM OF VOTING 6ONFLICT FOR
t1UNTY, MUNICIPAL, AND OTHER_ LOCAL PUBLIC OFFICERS
-FIR%TNAME-MIDDLE NAME NAME OF ARD.COUNCiLCOMMM510A.AgTNORITV,&COMMITTEE
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1 HG ADDRESS +�� tNE BOARD. COU COM . AUTHORM 01t COMMITTEE 0%
"Ic" 1 sn%T IS A UNr1 OF.
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AL AGENCY
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WHO MUST FILE FORM u
This form is tot 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 counts', 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
organisation 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 art not prohibited from voting in that capacity.
For purposes of this law, a "relative" includes only the officer% father, mother. son, daughter. husband, wife, father-in-law. mother-in-
law, son -in -lave, 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 sgareholder (where the shares of the
corporation art 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 art abstaining from voting; wd
WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the persoa responsible for
recording the minutes of the meeting, who should incorporate the form in the minutes. µ
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. Howevert
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 rile 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 foray must be provided immediately to the other members of the agency.
• The form must be mead publicly at the next meeting after the form is filed.
:EFORM se.•J"I
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IF YOU MAKE NO ATTEMPT TO IN...UENCE THE DECISION EXCEPT RY Dt. %.'USSION AT THE MEMO:
+ You mum disclose cftay the statute of your o nf'lict in the inessure before p tticipstirtt.
a you tettnt tomplete the form and file it within 13 days after the vote occurs with the person respottsible for recording the minutes of
the mating, who trust incorpofate the form in the minutes. A copy of the form must be provided immediately to the afher
rhtmbers of the agency. and the (oft trust be fend publicly at the next meeting after the form is filet!.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I.IM , hereby disclose that on
(a) A measure came or will come before my agency which (check one)
inured to my special private pin;
_.._ baited to the special pin of my business associate,
— inured to the special pin of my relative, '
_ inured to the special pin of .by
whom I am retained; or
inured to the special pin of , which
is the parent organization or subsidiary of a principal which has retained me.
(b) Tbt measure before my agency and the nature of my conflicting interest in the measure is as follows:
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Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (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.
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