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File ID: #11565
Ordinance
First Reading
Sponsored by: Manolo Reyes, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE V/SECTION 2-612 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "ADMINISTRATION/CONFLICTS OF INTEREST/TRANSACTING
BUSINESS WITH CITY; APPEARANCES BEFORE CITY BOARDS; POST -
EMPLOYMENT RESTRICTIONS; PARTICIPATION IN THE AWARD OF CERTAIN
CONTRACTS UNDER THE PROCUREMENT ORDINANCE; PENALTIES; ETC." BY
CLARIFYING THAT ANY EMPLOYEE WHO PARTICIPATES IN RECOMMENDING A
CONTRACT AWARD OF NOT LESS THAN FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) OR IN ASSISTING WITH ANY REAL ESTATE TRANSACTION OF THE
CITY IS RESTRICTED FROM RECEIVING COMPENSATION OR EMPLOYMENT
FROM THE CONTRACTING PARTY; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
City of Miami File ID: 11565 (Revision:) Printed On: 6/9/2025
City of Miami
Legislation
Ordinance
File Number: 11565
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE V/SECTION 2-612 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "ADMINISTRATION/CONFLICTS OF INTEREST/TRANSACTING
BUSINESS WITH CITY; APPEARANCES BEFORE CITY BOARDS; POST -
EMPLOYMENT RESTRICTIONS; PARTICIPATION IN THE AWARD OF CERTAIN
CONTRACTS UNDER THE PROCUREMENT ORDINANCE; PENALTIES; ETC." BY
CLARIFYING THAT ANY EMPLOYEE WHO PARTICIPATES IN RECOMMENDING A
CONTRACT AWARD OF NOT LESS THAN FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) OR IN ASSISTING WITH ANY REAL ESTATE TRANSACTION OF THE
CITY IS RESTRICTED FROM RECEIVING COMPENSATION OR EMPLOYMENT
FROM THE CONTRACTING PARTY; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City of Miami ("City") employees, including Department Directors and their
subordinates as well as other employees classified as Executive employees, are able to
participate in the recommendation of a contract award of not less than Five Hundred Thousand
Dollars ($500,000.00); and
WHEREAS, Section 2-612(d) of the Code of the City of Miami, Florida, as amended
("City Code"), currently prohibits Department Directors, or their designees, from receiving
compensation or employment from a contracting party for two (2) years thereafter terminating
employment with the City; and
WHEREAS, the same safeguard does not exist for other employees in the Executive
service, including the City Manager, Deputy City Manager, Assistant City Manager, and others,
who are also actively involved in the recommendation of contract awards of not less than Five
Hundred Thousand Dollars ($500,000.00) or have assisted with any real estate transaction of
the City; and
WHEREAS, Section 2-612(d) of the City Code was originally adopted in order to protect
the integrity of the City's procurement processes; and
WHEREAS, by expanding the regulations of Section 2-612(d) of the City Code to all
Executive employees, will assure the continued protection and integrity of the City's
procurement processes and real estate transactions;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted and incorporated as if fully set forth in this Section.
City of Miami File ID: 11565 (Revision:) Printed On: 6/9/2025
Section 2. Chapter 2/Article V/Section 2-612 of the City Code is further amended in the
following particulars:1
"Chapter 2
ADMINISTRATION
ARTICLE V. CONFLICTS OF INTEREST
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 or Assistance with any Real Estate Transaction of the City; Penalties;
et6.
(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 Housing and 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 (2) years after the officer, official, or employee has left
City service or terminated City employment.
(d) The director of the department and/or his/her designee and/or No City employee or
official, including, but not limited to, those in the Executive Service, and the members of the a
selection committee who are city employccs who recommending recommend a contract
award of not less than Five Hundred Thousand Dollars ($500,000.00) (collectively,
"Employee") or assist with any real estate transaction of the City, shall be restricted for a two
or terminated city employment, from receiving shall receive compensation or employment
from any contractual party when the Employee participated in the award of the contract,
subject to the procurement ordinance of the City, including without limitation waivers, or
assisted with the respective real estate transaction of the City, with the following conditions
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 material.
City of Miami File ID: 11565 (Revision:) Printed On: 6/9/2025
and definitions for a period of two (2) years after the Employee has left City service or
terminated City employment;.
{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,
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;
defined in Section 18 73;
{4} This Section shall not preclude the member or director, or hip/her designee, an Employee
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 or to
the assistance with the real estate transaction of the City in which the member Employee
participated and/or that was recommended b„ +tictor 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.
*„
Section 3. All ordinances or parts of an ordinances that are inconsistent or in conflict
with the provisions of this Ordinance are repealed.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective immediately thereafter final reading
and adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 11565 (Revision:) Printed On: 6/9/2025