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ARTICLE V. CONFLICTS OF INTEREST*
*Charter references: City officers and employees prohibited from having interest in profits, etc., of
contracts, jobs, etc., performed for the city, § 4(c).
City Code cross reference --Conflicts of interest in regard to members, employees, etc., of downtown
development board, § 14-62.
Law review reference --Note as to conflicts of interest of municipal officers, 20 Miami L. Rev. 472.
Sec. 2-611. Applicability of article.
This article shall be applicable to and binding upon every officer, official and employee of the
city, including every member of any board, commission or agency of the city.
(Code 1967, § 2-101; Code 1980, § 2-301)
Sec. 2-612. Transacting business with city; appearances before city boards; post -
employment restrictions; participation in the award of certain contracts under the
procurement ordinance; penalties, etc.
(a) No person included in section 2-611 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 any board, commission or agency of which such person is a member. No
employee shall appear in any capacity on behalf of any third party before any board,
commission or agency of the city. Any such contract or agreement entered into or appearance
made in violation of this section shall render the transaction voidable. However this section shall
not apply to an employee participating in federal economic development programs, the
community development block grant assisted single family rehabilitation loan program, or the
various affordable housing programs assisted through the home investment partnership
program and state housing initiatives partnership program administered by the department of
community development provided that the employee meets all criteria of the program and
provided that the city manager approves the participation of the employee and that the
employee is identified as being an employee of the city in applicable documents.
(b) The word "person" appearing in subsection (a) of this section shall include officers, officials
and employees as set forth in section 2-611 hereof and the following family members of such
"person": spouse, son, daughter, parent, brother or sister.
(c) The prohibition upon activity which is set forth in subsections (a) and (b) of this section shall
remain in effect for a period of two years after the officer, official, or employee has left city
service or terminated city employment.
(d) The director of the department and/or his designee and/or the members of the selection
committee who are city employees recommending a contract award of not Tess than
$500,000.00, shall be restricted for a two-year period, after the director and/or his designee
and/or the member has left city service or terminated city employment, from receiving
compensation or employment from any contractual party when the director and/or his designee
and/or the member participated in the award of the contract subject to the procurement
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ordinance Of the city, including without limitation waivers, with the following conditions and
definitions:
(1) The word "member" as used in this section shall include all city employees who are
members of the selection committee which has recommended a contract award;
(2) The word "director" shall mean the director, or his/her designee, of any city
department, division, authority, board, or office recommending a contract award, and
with respect to the boards referenced in section 18-72, the executive director of such
board, or his/her designee, providing, however, that this section shall not apply to the
community redevelopment agency;
(3) The word "director" shall exclude the city manager and the chief procurement officer
as defined in section 18-73;
(4) This section shall not preclude the member or director, or his/her designee, from
working for the contractual party on an entirely unrelated contract. The phrase
"contractual party" is defined in section 18-73. The employment or contractual
relationship cannot relate directly to the contract that was recommended by the selection
committee in which the member participated and/or that was recommended by the
director or his/her designee.
(e) Penalties. A violation of this ordinance may be punished by imposition of the maximum fine
and/or penalties allowed by law. Additionally, violations may be considered by and subject to
action by the Miami -Dade County Commission on Ethics.
(Code 1967, § 2-102; Ord. No. 9015, § 1, 11-8-79; Ord. No. 10823, § 2, 1-10-91; Code 1980, § 2-302;
Ord. No. 11755, § 2, 2-9-99; Ord. No. 11816, § 2, 7-13-99; Ord. No. 11908, § 2, 4-13-00; Ord. No.
12401, § 1, 9-11-03; Ord. No. 12892, § 2, 3-8-07)
Editor's note: Ord. No. 12892, § 2, adopted March 8, 2007, changed the title of § 2-612 from
"Transacting business with the city; appearances before city boards, etc." to "Transacting business with
city; appearances before city boards; post -employment restrictions; participation in the award of certain
contracts under the procurement ordinance; penalties, etc."
State law references: Doing business with one's agency, F.S. § 112.313(13), (14).
Sec. 2-613. Accepting gifts, etc., from persons contracting, etc., with city.
Every officer, official or employee of the city, including every member of any board, commission
or agency of the city, is expressly prohibited from accepting, directly or indirectly, from any person,
company, firm or corporation to which any purchase order or contract is or might be awarded, any
rebate, gift, money or anything of value whatsoever, except where given for the use and benefit of the
city.
(Code 1967, § 2-103; Code 1980, § 2-303)
Sec. 2-614. Waiver of requirements of article.
(a) The requirements of this article may be waived for a particular transaction or transactions
only by an affirmative vote of four -fifths of the members of the city commission after public
hearing. Such waiver may be effected only after findings by four -fifths of the members of the city
commission, as follows:
(1) An open -to -all sealed competitive bid has been submitted by a city person as set
forth in section 2-611 hereof; or
(2) The bid has been submitted by a person or firm offering services within the scope of
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practice of architecture, landscape architecture, professional engineering or registered
land surveying, as defined by the laws of the state and pursuant to provisions of the
Consultant's Competitive Negotiation Act as are now in force and as may be hereinafter
enacted, and when the bid has been submitted by a city person as set forth in section 2-
611 hereof; or
(3) The property or services to be involved in the proposed transaction are unique and
the city cannot avail itself of such property or services without entering into a transaction
which would violate this section but for waiver of its requirements; and
(4) The proposed transaction will be to the best interest of the city.
(b) Such findings shall be spread on the minutes of the commission. This section shall be
applicable only to prospective transactions, and the commission may in no case ratify a
transaction entered in violation of this section.
(c) This section shall be taken to be cumulative and shall not be construed to amend or repeal
any other section or ordinance pertaining to the same subject matter.
(Code 1967, § 2-104; Code 1980, § 2-304)
State law references: Consultants' competitive negotiation, F.S. § 287.055.
Sec. 2-615. List of real estate owned --Required of certain officials.
(a) All the following enumerated elective and appointive officers or employees of the city:
Mayor;
City commissioners;
City attorney;
City clerk;
City manager;
Civil service board;
Retirement plan board;
Retirement system board;
Director of administration for planning and zoning boards;
Members of planning advisory board;
Members of zoning board;
Members of the nuisance abatement board;
Executive director of downtown development authority;
Director of off-street parking department;
Executive secretary of civil service board;
Fire chief;
Chief of police;
Downtown development authority;
Off-street parking board;
Directors of all departments;
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shall, within 30 days from the effective date of sections 2-615 through 2-617 [June 1, 1967], submit to
the city clerk a complete itemized list of all real property owned by him, whether the title be either legal
or equitable, whether owned in whole or in part, including corporate real property in which he has a
controlling interest or is an officer of such corporation, and shall include the following information as to
each parcel of land:
(1) The legal description and common address;
(2) The municipal or county zoning classification wherein the property is located;
(3) The manner in which the property is presently being utilized.
(b) The itemized list shall be verified under oath. Provided, that only those real properties shall
be required to be listed that are located within the corporate limits of the city or those properties
located 500 feet beyond the corporate limits of the city. The real properties required to be listed
shall be on the form attached hereto end made a part hereof.
(c) All the elective and appointive officers or employees enumerated above who are appointed
subsequent to the effective date of sections 2-615 through 2-617 [June 1, 1967] shall, within 30
days of their election or appointment, submit an itemized list verified under oath of real estate
holdings as provided above.
(Code 1967, § 2-105; Ord. No. 10966, § 2, 4-2-92; Code 1980, § 2-305)
Sec. 2-616. Same --To be renewed annually.
All those elective and appointive officers and employees as described in section 2-615 shall,
between November 1 and December 1, 1967, and each succeeding year thereafter, submit new
itemized lists of real estate holdings as required under section 2-615 subject to the terms and
conditions as contained in section 2-615.
(Code 1967, § 2-106; Code 1980, § 2-306)
Sec. 2-617. Same --Penalty for violation of sections 2-615, 2-616.
Any elective or appointive officer or employee violating sections 2-615 and 2-616 shall be
removed from office in accordance with the law.
(Code 1967, § 2-108; Code 1980, § 2-307)
Sec. 2-618. Disclosure of parties in interest by persons making presentations, requests,
etc., to city commission or boards.
(a) All parties making any presentation, formal request or petition to the city commission or any
city board with respect to any real property are required to make full disclosure in writing, on a
form supplied by the clerk of the city commission or secretary to the board, of all parties having
a financial interest, either direct or indirect, in the subject matter of said presentation, formal
request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural
persons having an ownership interest, direct or indirect, in the subject real property.
(b) The disclosure required by subsection (a) hereof must be made or updated, as may be
necessary, in order to ensure that the information disclosed is accurate at the time of filing and
at all times thereafter within a reasonable time after any change in the disclosure information
required and is accurate as of the time of each vote by the city commission or applicable board.
ARTICLE V. CONFLICTS OF INTEREST* Page 5 of 6
(c) Where the 'disclosure required by subsection (a) hereof is not made, the city commission or
applicable board shall not consider the presentation, formal request or petition nor shall such
petition be accepted for filing.
(Ord. No. 9419, §§ 1, 2, 5-27-82; Ord. No. 9798, § 1, 2-9-84; Code 1980, § 2-308)
Sec. 2-619. Financial disclosure.
(a) Reporting requirement:
(1) In addition to the financial disclosure requirements of state law and county Code,
the mayor and city commissioners are required to provide the following information to
the city clerk in writing by July 1 of each year:*
*Note: The reporting requirement applies to all persons serving in the designated capacities on
December 31, 1986 and on December 31 of succeeding years. information required to be reported by
July 1 shall be the information in existence as of December 31 of the preceding calendar year.
a. Description of all assets which have a value in excess of $5,000.00 including
household goods.
b. All Liabilities which exceed $5,000.00 including the name and address of all
creditors including debts or money owed in excess of $5,000.00 including credit
card and retail installment accounts, taxes owed, indebtedness on a life
insurance policy and accrued income taxes on net unrealized appreciation.
c. All sources of income due a business entity in excess of ten percent of the
gross income of a business entity in which the reporting person held a material
interest and from which he/she received an amount which was in excess of ten
percent of his/her gross income during the disclosure period and which exceeds
$1,500.00. The period for computing the gross income of the business entity is
the fiscal year of the business entity which ended on, or immediately prior to, the
end of the preceding calendar year.
d. Net worth, i.e., the difference between total assets and total liabilities.
(2) An affidavit of the person reporting shall be executed attesting to the accuracy of
the disclosures.
(b) As an alternative to the requirements set forth in subsection (a) above, a copy of the
reporting person's filed return for the current year's federal income tax return may be provided.
(c) Any elected official who is a partner in a law firm or a stockholder in a professional
association must disclose, in writing, to the city clerk the name of any client whose
representation results in a contribution of ten percent or more of the gross income:
(1) To the law firm in which said official is a partner;
(2) To the professional association in which said official is a stockholder or has an
ownership interest; or
(3) To the elected official directly.
(d) Every person who is convicted of a violation of this section shall be punished as provided in
section 1-13.
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(Ord. No. 10219, §` 1, 2-12-87; Code 1980, § 2-309)
Secs. 2-620--2-650. Reserved.
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