Legislative Matter

Miami-Dade Legislative Item
File Number: 093051

Printable PDF Format

Clerk's Official Copy

File Number: 093051

File Type: Ordinance

Status: In Committee

Version: 0

Reference: 10-11

Control: Board of County Commissioners

File Name: ORDINANCE AMENDING COUNTY CONFLICT OF INTEREST

Introduced: 11/16/2009

Requester: NONE

Cost:

Final Action: 2/2/2010

Agenda Date: 2/2/2010

Agenda Item Number: 7D

Notes:

REQUIRES 6-4WKS

Title:

ORDINANCE AMENDING MIAMI-DADE COUNTY CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE (''ETHICS ORDINANCE'') TO REQUIRE THAT ANY PERSON WHO IS ELECTED TO OFFICE OF COUNTY COMMISSIONER OR COUNTY MAYOR EXECUTE AN AFFIDAVIT PRIOR TO BEING SWORN INTO OFFICE STATING THAT THE OFFICIAL HAS READ THE ETHICS ORDINANCE AND AGREES TO COMPLY WITH THE PROVISIONS OF SAID ORDINANCE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:	CONFLICT OF INTEREST/CODE OF ETHICS
	ETHICS COMMISSION

Sponsors:	Sen. Javier D. Souto, Prime Sponsor
	Sally A. Heyman, Co-Sponsor
	Rebeca Sosa, 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	2/2/2010	7D	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. There being no questions or comments, the Board proceeded to vote.

Health, Public Safety & Intergovernmental Cmte	1/14/2010	2C	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Chairwoman Heyman opened the public hearing and the following individual(s) appeared: An unidentified student of the Everest Institute appeared before the Committee and stated it was a great honor to attend today’s meeting and experience government proceedings in action. Chairwoman Heyman stated that she would meet with the student to hear his comments. Hearing no one else wishing to speak before the Committee, Chairwoman Heyman closed the public hearing. It was moved by Commissioner Souto and seconded by Commissioner Sosa, followed by discussion. Commissioner Diaz stated that this proposed ordinance should not be limited to the County Commission or the County Mayor rather it should apply to all elected officials. He asked the sponsor of this proposed ordinance to accept an amendment. In response to Commissioner Diaz’ comments, Assistant County Attorney Sanchez stated Commissioner Diaz’ proposed amendment was beyond the scope of this ordinance. Commissioner Souto asked Assistant County Attorney Gerald Sanchez to prepare an ordinance to require that any elected official shall execute an affidavit stating that the official read the ethics ordinance and agreed to comply with the provisions of said ordinance prior to being sworn into office. Chairwoman Heyman stated that the legislation coming forth by Commissioner Souto as the prime sponsor, should list Commissioners Sosa, Diaz and herself as cosponsors. Hearing no objection, the Committee voted to forward this proposed ordinance to the County Commission as presented.

Board of County Commissioners	12/8/2009		Municipalities notified of public hearing	Health, Public Safety & Intergovernmental Cmte	1/14/2010	12/1/2009

Board of County Commissioners	12/1/2009		Tentatively scheduled for a public hearing	Health, Public Safety & Intergovernmental Cmte	1/14/2010

Board of County Commissioners	12/1/2009	4A	Adopted on first reading		1/14/2010		P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. The foregoing ordinance was adopted on first reading and set for a public hearing before the Health, Public Safety and Intergovernmental Committee on Thursday January 14, 2010 at 2:00 P.M.

Board of County Commissioners	11/20/2009		Requires Municipal Notification	Health, Public Safety & Intergovernmental Cmte	1/14/2010

County Attorney	11/16/2009		Referred	Health, Public Safety & Intergovernmental Cmte	1/14/2010

County Attorney	11/16/2009		Assigned	Gerald K. Sanchez

Legislative Text

TITLE
ORDINANCE AMENDING MIAMI-DADE COUNTY CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE (�ETHICS ORDINANCE�) TO REQUIRE THAT ANY PERSON WHO IS ELECTED TO OFFICE OF COUNTY COMMISSIONER OR COUNTY MAYOR EXECUTE AN AFFIDAVIT PRIOR TO BEING SWORN INTO OFFICE STATING THAT THE OFFICIAL HAS READ THE ETHICS ORDINANCE AND AGREES TO COMPLY WITH THE PROVISIONS OF SAID ORDINANCE; 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. Chapter 2, section 2-11.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 2-11.1. Conflict of Interest and Code of Ethics Ordinance.

* * *

>>(bb) Each person who is elected to serve as a member of the Board of County Commissioners or as Mayor of Miami-Dade County shall execute an affidavit, on a form prepared by the Ethics Commission, stating that he or she has read the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance and agrees to comply with the provisions of said ordinance. Each elected official covered by the requirements of this subsection shall file the required affidavit with the Ethics Commission prior to being sworn into office.<<1

[[(bb)]] >>(cc)<< 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 five hundred dollars ($500.00) for the first such violation and one thousand dollars ($1,000.00) for each subsequent violation. Actual costs incurred by the Ethics Commission, in an amount not to exceed five hundred dollars ($500.00) per violation, may be assessed where the Ethics Commission has found an intentional violation of this section. 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 person's 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, 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.
PASSED AND ADOPTED:

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.