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Home My WebLink AboutO-09015ORDINANCE NO'. 9015 AN ORDINANCE AMENDING SECTION 2-102 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED: "TRANSACTING BUSINESS WITH THE CITY; APPEARANCES BEFORE THE CITY COM- MISSION." BY ADDING TWO SUBSECTIONS THERETO TO INCLUDE THE FAMILY MEMBERS OF CITY OFFICERS, OFFICIALS AND EMPLOYEES, TO WHOM A PROHIBITION AGAINST CONTRACTUAL OR BUSINESS DEALINGS IS APPLICABLE, AS WELL AS A PROHIBITION AGAINST APPEARANCES IN REPRESENTATION OF THIRD PARTIES BEFORE THE CITY COMMISSION; FURTHER EXTENDING THE SAID PROHIBITION UPON SUCH ACTIVITY FOR A PERIOD OF TWO YEARS AFTER THE OFFICER, OFFICIAL OR EMPLOYEE HAS LEFT CITY SERVICE OR TERMINATED CITY EMPLOYMENT; CONTAINING A SEVERABILITY PROVISION. WHEREAS, for many years the Federal Government has identified a conflict of interest arising when officers and employees leaving the Federal Service seek to be hired by firms with which those departing officers and employees have done business during the period of Federal service, and has also recorgnized a conflict of interest when such departed officers and employees have attempted to transact business on behalf of third parties involving a matter over which they exercised influence during the period of their Federal service; and WHEREAS, Federal law prohibits such departed officers and employees from engaging in the above -referenced conduct and activity for a period of from one to three years, following their departure; and WHEREAS, the Code of Metropolitan Dade County contains a provision that certain County and City officers and em- ployees shall not act as agent or attorney for anyone other than the County or City in connection with "any judicial f or other proceeding, application, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular matter" in which the County or City, or one of their agencies is a "party or has a direct and substantial interest, and in which he participated personally and substantially as an official, officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise...", while so employed in County or City serdice ("Dade County Conflict of Interest and Code of Ethics Ordinance, designated as Section 2-11.1 of Dade County Code); and -2- v 9015 WHEREAS, the City Charter contains the following basic provision in Section 4(c) thereof: "Commissioners and other officers and employees shall not be interested in the profits or emoluments of any contract, job, work or service for the municipality."; and WHEREAS, Federal and County regulations are unclear as to the degree of kinship which is to be recognized as "sharing" the possible conflict of interest; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 2-102 of the Code of the City of Miami, Florida, as amended, entitled: "Transacting business with city; appearances before the city commission." 1/ is hereby amended in the following particulars: "Sec. 2-102. Transacting business with city; appear- ances before city commission. (a)(i) No person included in section 2-101*/shall enter into any contract or transact any business with the city or any person or agency acting for the city, or shall appear in representation of any third party before the city commission, and any such contract, agreement or appearance entered in violation of this section shall render the transaction voidable. (ii) The word 'person' appearing in section 2-102(a) hereof shall include officers, officials and employees as set forth in section 2-101 hereof and the following family members of such 'person': spouse, son, daughter, parent, brother or sister. (iii) The prohibition upon activity which is set forth in section 2-102(a)(i) and (ii) hereof shall remain in effect for a period of two years after the officer, official, or employee has left city service or terminated city employment." 1/ Underscored words and/or figures constitute the amend'= went proposed. Remaining provisions are now in effect and remain unchanged. *"2-101. Applicability of article. This article shall be applicable to and binding upon every officer, official and employee of the city, including every meunber of any board, commission or agency of the city. -3- V 9015 Section 4. 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. PASSED ON FIRST READING BY TITLE ONLY this 31stday of October , 1979. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 8th day of November , 1979: Maurice A. Ferre MAYO R ATTEST: RALP G. GIE, CITY CLERK PREPARED AND APPROVED BY: ASSISTANT CITY ATTORNEY AS TO ='M AND CORRECTNESS: CI ,( TTORNEY -4- • 9015 MIAMI REVIEW ANTI DAILY 11ECOkD Published Daily except Saturday, Sunday end Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is Supervisor, Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement or Notice in the matter of CITY OF MIAMI Re: Ordinance No. 9015 in the XXXX Court, was published in said newspaper in the Issues of November 15, 1979 Atfiant further says that the said Miami Review and Daily Record 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 matter at 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 afflent further says that she has neither paid nor promised any person, firm or corporation any discount, reb. fission or refund for a purpose of secur �� • ad rtisement for pun in the . id n (SEAL) MR-93 Sworn Ata aand..i s }IE IttPre a This ...day of..... 1.i9 Ip'.:. 1'.' �..D, f9 . CITY OF MIAMI, DADE COUNTY, FLORIDA LEGAL NOTICE All Interested will take notice that on theeth day cif November, Vint the City Commission of Miatfil, Florida parsed and adopted the.follow•l Ing titled ordinance: ORDINANCE NO. 9015 AN ORDINANCE AMENDING SECTION 2-102 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED: "TRAN- SACTING BUSINESS WITH THE CITY; APPEARANCES SUE EC fib :. H MEMBERS OF CITY OFFICERS, OFFICIAL'S AND EMPLOYEES, TO WHOM A PROHIBITION AG.AiNST CONTRACTUAL OR BUSINESS DEALINGS _IS AP- PLICABLE, AS WELL AS A PROHIBITION AGAINST AP- PEARANCES iN REPRESENTATION OF THIRD PARTIE) BEFORE THE CITY COMMISSION; FURTHER EX- TENDING THE SAID PROHIBITION UPON SUCH ACTIVITY FOR A PERIOD OF TWO YEARS AFtER THE OFFICER, OFFICIAL OR EMPLOYEE HAS LEFT CITY SERVICE OR TERMINATED CITY EMPLOYMENT; CONTAINING .A SEVERABILITY PROVISION. RALPH G. ONGIE eve craw CITY CLERK CiTY OF MiAMI, FLORIDA Publication of this Notice on the 15 day of November 1979 11/i5 M79-111537.. 1