Miami-Dade Legislative Item
File Number: 030138
   

File Number: 030138 File Type: Ordinance Status: Adopted
Version: 0 Reference: 03-73 Control: County Commission
File Name: ORD. AMENDING SEC. 2-11.1 Introduced: 1/15/2003
Requester: NONE Cost: Final Action: 4/8/2003
Agenda Date: 4/8/2003 Agenda Item Number: 6I
Notes: Title: ORDINANCE AMENDING SECTION 2-11.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; PERMITTING AUTONOMOUS PERSONNEL, ADVISORY PERSONNEL AND QUASI-JUDICIAL PERSONNEL TO CONTRACT WITH MIAMI-DADE COUNTY UNDER CERTAIN CIRCUMSTANCES; AMENDING DEFINITION OF GIFT TO PROVIDE THAT A SINGLE MEAL CONSTITUTES A SINGLE GIFT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: CONFLICT OF INTEREST/CODE OF ETHICS
Sponsors: Sally A. Heyman, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/8/2003 6I Adopted P
REPORT: Commissioner Heyman discussed the intent of the foregoing proposed ordinance that would apply to County Advisory Boards. Mr. Robert Myers, Executive Director, Miami-Dade County Commission on Ethics and Public Trust, appeared before the Board in support of the foregoing proposed ordinance.

Governmental Operations and Environment Committee 3/4/2003 2H Forwarded to BCC with a favorable recommendation P

Board of County Commissioners 1/23/2003 13HH Adopted on first reading 3/4/2003 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Governmental Operations and Environment Committee on March 4, 2003 at 9:30 a.m.

County Attorney 1/15/2003 Assigned Environment and Governmental Operations Committee 3/4/2003

County Attorney 1/15/2003 Assigned Gerald K. Sanchez

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-11.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; PERMITTING AUTONOMOUS PERSONNEL, ADVISORY PERSONNEL AND QUASI-JUDICIAL PERSONNEL TO CONTRACT WITH MIAMI-DADE COUNTY UNDER CERTAIN CIRCUMSTANCES; AMENDING DEFINITION OF GIFT TO PROVIDE THAT A SINGLE MEAL CONSTITUTES A SINGLE GIFT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-11.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Section 2-11.1 Conflict of Interest and Code of Ethics Ordinance.
* * *
(c) Prohibition on transacting business within the County.
>>(1)<>, except as provided in subsections (c)(2) through (c)(6),<< in which he >>or she<< or a member of his >>or her<< immediate family has a financial interest, direct or indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall effect forfeiture of office or position.

>>(2)<>s<< (c) and (d) shall not be construed to prevent any employee as defined by subsection (b)(6) [excluding departmental personnel as defined by subsection (b)(5)] or his or her immediate family as defined by subsection (b)(9) from entering into any contract, individually or through a firm, corporation, partnership or business entity in which the employee or any member of his or her immediate family has a controlling financial interest, with Miami-Dade County or any person or agency acting for Miami-Dade County, as long as (1) entering into the contract would not interfere with the full and faithful discharge by the employee of his or her duties to the County, (2) the employee has not participated in determining the subject contract requirements or awarding the contract, and (3) the employee's job responsibilities and job description will not require him or her to be involved with the contract in any way, including, but not limited to, its enforcement, oversight, administration, amendment, extension, termination or forbearance. However, this limited exclusion shall not be construed to authorize an employee or his or her immediate family member to enter into a contract with Miami-Dade County or any person or agency acting for >>Miami-<
>>(3) Limited exclusion from prohibition on autonomous personnel, advisory personnel and quasi-judicial personnel contracting with county. Notwithstanding any provision to the contrary herein, subsections (c) and (d) shall not be construed to prohibit any person defined in subsection (b)(2), (b)((3) and (b)(4) from entering into any contract, individually or through a firm, corporation, partnership or business entity in which the board member or any member of his or her immediate family has a controlling financial interest, with Miami-Dade County or any person or agency acting for Miami-Dade County. However, any person defined in subsection (b)(2), (b)(3) and (b)(4) is prohibited from contracting with any agency or department of Miami-Dade County subject to the regulation, oversight, management, policy-setting or quasi-judicial authority of the board of which the person is a member.
(4)<< Any [[affected County employee]] >>person defined in subsections (b)(2) through (b)(4) and subsection (b)(6)<< shall seek a conflict of interest opinion from the Miami-Dade County Commission on Ethics and Public Trust ("the Ethics Commission") prior to submittal of a bid, response or application of any type to contract with the County by the [[employee]]>>person<< or his or her immediate family. A request for a conflict of interest opinion shall be made in writing and shall set forth and include all pertinent facts and relevant documents. If the Ethics Commission finds that the requirements of this section pertaining to exclusions for [[County employees]] >>persons defined in subsections (b)(2) through (b)(4) and subsection (b)(6)<< are not met and that the proposed transaction would create a conflict of interest, [[the employee]] >>the person defined in subsections (b)(2), (b)(3), (b)(4) or (b)6)<< may request a waiver from the Board of County Commissioners within ten (10) days of the Ethics Commission opinion by filing a notice of appeal to the Ethics Commission. The Ethics Commission shall forward the notice of appeal and its opinion and pertinent documents to the Clerk of the Board of County Commissioners (the "Clerk") forthwith. The Clerk shall place the request on the commission agenda for consideration by the Board. The Board of County Commissioners may grant a waiver upon an affirmative vote of two-thirds (2/3) of the entire Board of County Commissioners, after a public hearing, if it finds that the requirements of the ordinance pertaining to the exclusion for a County employee from the Code have been met and that the proposed transaction will be in the best interest of the County. >>The Board of County Commissioners may, as provided in subsection (c)(6), grant a waiver to any person defined in subsection (b)(2) through (b)(4) regarding a proposed transaction.<< Such findings shall be included in the minutes of the Board. This subsection shall be applicable only to proposed transactions, and the >>B<<[[b]]oard may in no case ratify a transaction entered into in violation of this subsection.

If the affected [[employee's]] >>person<< or his or her immediate family member chooses to respond to such solicitation to contract with the County, such [[employee]] >>person<< shall file with the Clerk a statement in a form satisfactory to the Clerk disclosing the [[employee's]] >>person's<< interest or the interest of his or her immediate family in the proposed contract and the nature of the intended contract at the same time as or before submitting a bid, response or application of any type to contract with the County. Along with the disclosure form, the affected [[employee]] >>person<< shall file with the Clerk a copy of his or her request for an Ethics Commission opinion and any opinion or waiver from the Board. Also, a copy of the request for a conflict of interest opinion from the Ethics Commission and any opinion or waiver must be submitted with the response to the solicitation to contract with the County.

Notwithstanding any provision herein to the contrary, the County and any person or agency acting for Miami-Dade County shall not award a contract to any [[employee]] >>person defined in subsections (b)(2) through (b)(4) and subsection (b)(6)<< or his or her immediate family individually or through a firm, corporation, partnership or business entity in which the [[employee]] >>person<< or any member of his or her immediate family has a controlling financial interest, unless the Ethics Commission has rendered an opinion that entering the contract would not be a conflict of interest or the Board waives the conflict in accordance with the provisions of this ordinance.
The County Manager is directed to include language in all solicitations for county contracts advising [[employees]] >>persons defined in subsections (b)(2) through (b)(4) and subsection (b)(6)<< of the applicable conflict of interest code provisions, the provisions of this ordinance, including the requirement to obtain an Ethics Commission opinion and make disclosure, and the right to seek a legal opinion from the State of Florida Ethic[[']]s Commission regarding the applicability of state law conflict of interest provisions.
>>(5)<< Nothing herein shall prohibit or make illegal (1) the payment of taxes, special assessments or fees for services provided by County government; (2) the purchase of bonds, anticipation notes or other securities that may be issued by the County through underwriters or directly from time to time; (3) the participation of the persons included in the terms defined in subsection (b)(1) through (b)(6), except for employees of the general services administration and their "immediate family" as defined in (b)(9), in the public auction process utilized by the County for the disposal of surplus motor vehicles; (4) the purchase of surplus personal property, pursuant to administrative order, by persons defined in subsection (b)(1) through (6) and (9); (5) an application for direct assistance from the Miami-Dade County Department of Housing and Urban Development or an application to participate in a program administered by the Department of Special Housing has been submitted by an applicant who is a County person as defined in subsection (b) and who would but for this section be eligible for such assistance from said department; provided, however, that the exception provided in this paragraph shall not extend to an employee of the Miami-Dade County Department of Housing and Urban Development or the Department of Special Housing who participates in the administration of said programs; or (6) an application to participate in a single-family mortgage loan program sponsored by the Housing Finance Authority of Miami-Dade County, has been submitted by a County person as defined in subsection (b), and would but for this section be eligible for participation in said program; provided, however, that the exception provided in this paragraph shall not extend to an employee of the Miami-Dade County Finance Department who participates in administration of said single-family loan program.

>>(6)<< Extension of waiver to county commissioners, autonomous personnel; quasi-judicial personnel and advisory personnel. The requirements of this subsection may be waived for a particular transaction only by an affirmative vote of two-thirds (2/3) of the entire Board of County Commissioners, after public hearing. Such waiver may be affected only after finings by two-thirds of the entire Board that:

(1) An open-to-all sealed competitive bid has been submitted by a County person as defined in subsection (b)(2), (3) and (4), or
(2) The bid has been submitted by a person or firm offering services within the scope of practice of architecture, professional engineering, or registered land surveying as defined by the laws of the State of Florida and pursuant to provisions of the Consultants' Competitive Negotiation Act, and when the bid has been submitted by a County person defined in subsection (b)(2), (3) and (4), or
(3) The property or services to be involved in the proposed transaction are unique and the County cannot avail itself of such property or services without entering into a contract which would violate this subsection but for waiver of its requirements, or
(4)
That the property or services to be involved in the proposed transaction are being offered to the County at a cost of no more than 80 percent of fair market value based on a certified appraisal paid for by the provider, and
(5) That the proposed transaction will be to the best interest of the County.
Such findings shall be spread on the minutes of the Board. This subsection shall be applicable only to prospective transactions, and the Board may in no case ratify a transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter.
* * *
(e) Gifts.

(1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. >>Food and beverages consumed at a single sitting or meal shall be considered a single gift, and the value of the food and beverage provided at that sitting or meal shall be considered the value of the gift.<<

* * *

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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