Miami-Dade Legislative Item
File Number: 061799
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File Number: 061799 File Type: Ordinance Status: Before the Board
Version: 0 Reference: Control: County Commission
File Name: CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE Introduced: 6/13/2006
Requester: NONE Cost: Final Action:
Agenda Date: 10/10/2006 Agenda Item Number: 7A
Notes: SEE 063068 FOR FINAL VERSION AS ADOPTED Title: ORDINANCE RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; AMENDING SECTION 2-11.1(BB) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO INCREASE FINES THAT MAY BE ASSESSED BY ETHICS COMMISSION; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: CONFLICT OF INTEREST/CODE OF ETHICS
Sponsors: Joe A. Martinez, Prime Sponsor
  Sally A. Heyman, 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 10/10/2006 7A Amended
REPORT: See Agenda Item 7A Amended; Legislative File No. 063068.

Internal Mgmt. & Fiscal Responsibility Committee 9/21/2006 2H Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Commissioner Sorenson proposed a friendly amendment to include the Ethics Commission’s costs for investigation. In response to Commissioner Sorenson’s request for language reflecting the amendment, Assistant County Attorney Sanchez noted he would develop the language by the time the full Commission considered the foregoing proposed ordinance. Discussion ensued regarding public record costs, the amount of money to cover investigations, and the timeframe for performing investigations. Following discussion regarding how costs would be identified, Ms. Shira Kastan, Office of the Chair, noted the proposed amendment was acceptable. It was moved by Commissioner Sosa that the foregoing proposed ordinance be forwarded to the Board of County Commissioners with a favorable recommendation with the comments of this Committee regarding amendment of this ordinance to include the Ethics Commission’s costs for investigation, passage of special costs to the requester of a public record, identification of the amount that would be available to cover a percentage of Ethics Commission investigations, the lack of an average timeframe for investigations, the modeling of attorneys’ fee assessment, the requirement that intentional violators pay costs, and the allowance for unintentional violators not to pay costs. This motion was seconded by Commissioner Edmonson and upon being put to a vote, passed by a vote of 6-0.

Board of County Commissioners 6/28/2006 Municipalities notified of public hearing Internal Mgmt. & Fiscal Responsibility Committee 9/21/2006 6/20/2006

Board of County Commissioners 6/20/2006 Scheduled for a public hearing Internal Mgmt. & Fiscal Responsibility Committee 9/21/2006

Board of County Commissioners 6/20/2006 4L Adopted on first reading 9/21/2006 P
REPORT: The foregoing proposed ordinance was adopted on first reading an set for public hearing before the Internal Management and Fiscal Responsibility Committee on September 21, 2006 at 2:00 p.m.

County Attorney 6/13/2006 Referred Internal Mgmt. & Fiscal Responsibility Committee 9/21/2006

County Attorney 6/13/2006 Assigned Gerald K. Sanchez 6/13/2006

Legislative Text


TITLE
ORDINANCE RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; AMENDING SECTION 211.1(BB) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO INCREASE FINES THAT MAY BE ASSESSED BY ETHICS COMMISSION; 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.
* * *
(bb) Penalty.
(1) Proceeding before Ethics Commission. A finding by the Ethics Commission that a person has violated this section shall subject said person to an admonition or public reprimand and/or a fine of [[two hundred and fifty]] >>five hundred<< dollars ($[[250.00]]>>500.00<<) for the first such violation and [[five hundred dollars]]>>one thousand dollars<< ($[[500.00]]>>1,000.00<<) for each subsequent violation. The Ethics Commission may also order the person to pay restitution when the person or a third party has received a pecuniary benefit as a result of the personís violation. The procedure for determining restitution shall be governed by an administrative order adopted by the County Commission and rules of procedure promulgated by the Ethics Commission.
(2) Prosecution by State Attorney in State Court. Every person who is convicted of a violation of this section in State court shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment in the County Jail for not more than thirty (30) days, or by both such fine and imprisonment.
Section 2. If any section, subsection, sentence, cause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity.

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 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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