HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE
File ID: #17265
Ordinance
Sponsored by: Joe Carollo, Commissioner
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," BY CREATING
SECTION 2-41 PROVIDING FOR A REQUIREMENT THAT CURRENT AND FUTURE
ELECTED OFFICIALS' SENIOR STAFF MUST DISCLOSE ANY SEALED OR
EXPUNGED ARREST(S), WITH DETAILS OF SAID ARRESTS, AND FURTHER
PROVIDING THAT ALL FUTURE EMPLOYEES IN AN ELECTED OFFICIALS OFFICE
MUST CONSENT TO AND UNDERGO A LEVEL 2 BACKGROUND CHECK AND
DRUG TEST PRIOR TO ANY OFFER OF EMPLOYMENT; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
City of Miami File ID: 17265 (Revision:) Printed On: 8/14/2025
City of Miami
Legislation
Ordinance
File Number: 17265
Final Action Date: 2/27/2025
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
TITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," BY CREATING
SECTION 2-41 PROVIDING FOR A REQUIREMENT THAT CURRENT AND FUTURE
ELECTED OFFICIALS' SENIOR STAFF MUST DISCLOSE ANY SEALED OR
EXPUNGED ARREST(S), WITH DETAILS OF SAID ARRESTS, AND FURTHER
PROVIDING THAT ALL FUTURE EMPLOYEES IN AN ELECTED OFFICIALS OFFICE
MUST CONSENT TO AND UNDERGO A LEVEL 2 BACKGROUND CHECK AND
DRUG TEST PRIOR TO ANY OFFER OF EMPLOYMENT; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, maintaining transparency and integrity in government is essential to public
trust; and
WHEREAS, the current Code of the City of Miami, Florida, as amended ("City Code")
does not require elected officials' senior staff to disclose sealed or expunged arrests, nor does it
mandate background checks or pre -employment drug testing for elected officials' staff; and
WHEREAS, the City of Miami ("City") seeks to enhance transparency by requiring full
disclosure of sealed or expunged arrests by elected officials' senior staff; and
WHEREAS, the City further seeks to strengthen its hiring process by implementing
mandatory background checks and drug testing for future elected officials' staff;
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 by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2, Article II, Section 2-41 of the City Code is hereby amended in the
following particulars:1
"CHAPTER 2
ADMINISTRATION
ARTICLE II. MAYOR AND CITY COMMISSION
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: 17265 (Revision:) Printed On: 8/14/2025
Sec. 2-41. Disclosure of Sealed or Expunged Arrests by Elected Officials' Senior Staff;
Background Checks and Drug Testing for Elected Officials' Staff.
(a) Mandatory Disclosure of Sealed or Expunged Arrests by Senior Staff
(1) All current and future senior staff shall disclose in writing any and all prior sealed or
expunged arrests. Such disclosure shall include the following:
a. The date of the arrest;
b. The specific offense charged;
c. Whether the offense was classified as a misdemeanor or felony;
d. The degree of the offense; and
e. A summary of the circumstances surrounding the arrest and its final disposition.
(2) Future senior staff shall submit their disclosures prior to commencing employment.
(3) Failure to disclose, or the intentional misrepresentation of arrest records may result in
disciplinary action including, but not limited to, termination of employment in the case of
senior staff members.
(4) For purposes of this section, "senior staff" shall mean any employee of an elected
official who exercises supervisory authority over other employees within the office.
(b) Mandatory Background Checks and Drug Testing.
(1) Any individual under consideration for employment within the office of an elected
official shall be required to:
a. Consent to, undergo, and pass a Level 2 Background Check, as defined by the
Florida Department of Law Enforcement ("FDLE").
b. Complete and pass a urinalysis drug test administered by a certified laboratory.
(2) No offer of employment shall be extended until the candidate has successfully
completed both requirements.
(3) Any individual who fails to submit to the background check or drug test, or who fails
to meet the established screening criteria, shall be deemed ineligible for
employment.
*„
Section 3. 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 4. This Ordinance shall become effective immediately after 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: 17265 (Revision:) Printed On: 8/14/2025