Miami-Dade Legislative Item
File Number: 160296
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File Number: 160296 File Type: Ordinance Status: Adopted
Version: 0 Reference: 16-47 Control: Board of County Commissioners
File Name: RE: CONFLICT OF INTEREST Introduced: 2/4/2016
Requester: NONE Cost: Final Action: 5/17/2016
Agenda Date: 5/17/2016 Agenda Item Number: 7B
Notes: REQUIRES 6-WKS-4WKS - BCC RULES Title: ORDINANCE RELATING TO RULES OF PROCEDURE OF THE COUNTY COMMISSION AND THE CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; AMENDING SECTIONS 2-1 AND 2-11.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO ESTABLISH PROCEDURE TO BE FOLLOWED WHEN A MEMBER OF THE BOARD OF COUNTY COMMISSIONERS HAS A CONFLICT OF INTEREST REGARDING ANY MATTER PRESENTED TO THE COMMISSION; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: CONFLICT OF INTEREST
Sponsors: Daniella Levine Cava, Prime 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 5/17/2016 7B Adopted P
REPORT: First Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Board proceeded to vote on the foregoing ordinance as presented.

Strategic Planning & Government Operations Cmte 4/12/2016 1G2 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Juliette Antoine read the foregoing proposed ordinance into the record. Vice Chairwoman Sosa opened the public hearing and the following persons appeared before the Committee to speak in favor of the foregoing proposed ordinance: - Mr. Juan Cuba, 165 Ponce de Leon Boulevard, Miami - Mr. Marcus Braswell, 3919 S.W. 58 Court, Miami - Ms. Lili Bach, 14 N.E. 1st Avenue, Miami Vice Chairwoman Sosa closed the public hearing after seeing no other persons wishing to speak regarding the foregoing proposed ordinance. Vice Chairwoman Sosa called the attention of Mr. Joseph Centorino, Commission on Ethics Director and read a memorandum dated January 16, 2013 regarding voting conflict procedures, which contains this process presented in today’s meeting. She noted there was an existing form (8B) that was a memorandum of voting conflict for county, municipal and other local public officers that should be filed with the State of Florida. Vice Chairwoman Sosa’s questioned the difference between the existing requirements and the proposed ordinance on voting conflict procedures. Commissioner Levine Cava noted in drafting this legislations there were inconsistencies between the State and County law, which this would reconcile the two. She also noted that the Commission on Ethics (COE) endorsed this approach and the process would be simple as follows: the relevant commissioner would announce the conflict at the time of the meeting, recuse oneself from the vote and return to the meeting after the vote of the item, followed by filling a conflict document with the information. Commissioner Levine Cava noted this minor item was an effort to build a lasting trust with Miami-Dade County residents providing transparency of standard government practices and compliancy with the State level. Commissioner Bovo expressed concern because this process was already implemented, and that the perception of the public would be that this process was not already in place. Commissioner Heyman concurred with comments made by Commissioner Bovo and she recommended providing a list of explanations and categories that would help to determine when there was a conflict of interest. Mr. Joseph Centorino, COE Director explained the whole concept of voting conflicts had a lot of grey areas and elected officials at this level were subject to State conflict law, but also under the County Code conflict of interest provisions that were different. He indicated the need to focus on the County Code because the County standard in determining a conflict of interest had more restrictions than the State standard; therefore, if there was a conflict of interest under the County Code there would be conflict under the State law. He spoke about the policy and the definitions that were pointed out in the legislation, such as relationships, employee, director or officer of your organization that would be under a certain category. He noted there was a broader classification wherein the person would or might be enhanced or profit, which made County conflict of interest broader. In conclusion, Mr. Centorino noted the most definitive way to determine whether there was a conflict of interest was to request an opinion from the COE. Discussion ensued among the SPGOC members and Mr. Centorino regarding the receipt of conflicting opinions from the COE and how innocent oversights were misconstrued. Discussion further ensued regarding the requirements to leave the meeting if there was a conflict sent a message to those who had to vote and the need to look further into the requirements; however, it was part of the State law and part of the disclosure process. Commissioner Levine Cava noted that she sponsored this ordinance to codify the practice of what already was honored and to be beneficial to the public to better understand how to follow issues of conflict of interest. She urged the SPGOC members to support this item and noted that she would certainly consider the issues that were pointed out in today’s (4/12) meeting. Commissioner Bovo commented on the areas that applied to a conflict of interest, such as relatives, employees, etc., and he asked about approval of budgets when elected officials have relatives who were employed by the County and whether it would be considered a conflict of interest. Mr. Centorino noted usually if an officer of the County was voting on a particular item that was related to a company owned by a relative it would be considered a conflict of interest, but if the vote was on the entire budget as a whole it would not be considered a conflict. Discussion further ensued among or between who/whom? regarding the instances that could receive the wrong perception from the public regarding a conflict of interest and the need to clarify each scenario in order to be transparent with the public and to educate the public. Vice Chairwoman Sosa asked whether Chairman Zapata could have a complete presentation by Mr. Centorino of the responsibility of the County Commission concerning conflicts of interest and to invite anyone who wants to attend. Commissioner Levine Cava agreed that the Code and guidance was not sufficient, but the decision was up to the County Commission based on the way it was written, which left room for discretion. She noted this was an opportunity to examine these questions and give input as to what was determined an actual conflict of interest to set the standards. Commissioner Levine Cava also agreed that in additional to the annual ethic training that was required to attend there was an opportunity to evaluate this and determine the wanted standards to be set. Discussion ensued between Vice Chairwoman Sosa and Commissioner Levine Cava regarding the purpose of this item that was to ensure the County Commission was following the guidelines set and to create greater opportunities for knowledge and disclosure. Vice-Chairwoman Sosa requested that once this item was forwarded to the full Board that Mr. Centorino would make a presentation to the County Commission to answer any pending question concerning conflict of interest. Mr. Centorino introduced Mr. Ronnie Terre, Esquire who would be working with the COE and conducting additional training on conflicts of interests. There being no further questions or comments, the Committee proceeded to vote that the foregoing proposed ordinance as presented.

Board of County Commissioners 2/23/2016 Municipalities notified of public hearing Strategic Planning & Government Operations Cmte 4/12/2016 2/17/2016

Board of County Commissioners 2/17/2016 Tentatively scheduled for a public hearing Strategic Planning & Government Operations Cmte 4/12/2016

Board of County Commissioners 2/17/2016 4A Adopted on first reading 4/12/2016 P
REPORT: County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Board proceeded to vote on the foregoing proposed ordinance, as presented. Note: See Agenda Item No. 1G, for public comments on this ordinance. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Strategic Planning & Government Operations Committee on Tuesday, April 12, 2016, at 9:30 A.M.

County Attorney 2/5/2016 Referred Strategic Planning & Government Operations Cmte 4/12/2016

Board of County Commissioners 2/5/2016 Requires Municipal Notification Strategic Planning & Government Operations Cmte 4/12/2016

County Attorney 2/4/2016 Assigned Gerald K. Sanchez 2/5/2016

Legislative Text


TITLE
ORDINANCE RELATING TO RULES OF PROCEDURE OF THE COUNTY COMMISSION AND THE CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; AMENDING SECTIONS 2-1 AND 2-11.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO ESTABLISH PROCEDURE TO BE FOLLOWED WHEN A MEMBER OF THE BOARD OF COUNTY COMMISSIONERS HAS A CONFLICT OF INTEREST REGARDING ANY MATTER PRESENTED TO THE 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 2-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
CHAPTER 2 � ADMINISTRATION
ARTICLE I. � IN GENERAL

* * *

Sec. 2-1. RULES OF PROCEDURE OF COUNTY COMMISSION.

* * *

PART 7. RULES OF DEBATE

Rule 7.01. RULES OF DEBATE

* * *

(g) EXPLANATION OF VOTE; CONFLICTS OF INTEREST. Upon any roll call, there shall be no discussion by any commissioner voting, and the commissioner shall vote yes or no. Any commissioner, upon voting, may give a brief statement to explain his or her vote. A commissioner shall have the privilege of filing with the clerk a written explanation of his or her vote. Any commissioner with a conflict of interest on a particular matter shall>>:<< [[refrain from voting or otherwise participating in the proceedings related to that matter and shall leave the commission chambers until the consideration of that matter is concluded.]]>>(1) announce publicly at the meeting the nature of the conflict before the matter is heard; (2) absent himself or herself from the commission chambers during that portion of the meeting when the matter is considered; and (3) file a written disclosure of the nature of the conflict with the Clerk of the Board within 15 days after the vote. The filing of the State of Florida form prescribed for written disclosure of a voting conflict shall constitute compliance with this subsection.<< Any such Commissioner who does not leave the chambers shall be deemed absent for purposes of constituting a quorum, counting the vote, or for any other purpose.

Section 2. Section 2-11.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
CHAPTER 2 � ADMINISTRATION
ARTICLE I. � IN GENERAL

* * *

Sec. 2-11.1. Conflict of Interest and Code of Ethics Ordinance.

* * *

(d) Further prohibition on transacting business with the County.

* * *
Additionally, no person included in the term defined in subsection (b)(1) shall vote on or participate in any way in any matter presented to the Board of County Commissioners if said person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the Board of County Commissioners: (i) officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (ii) stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in subsection (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in subsection (b)(1) who has any of the above relationships or who would or might, directly or indirectly, profit or be enhanced by the action of the Board of County Commissioners shall>>:<<[[absent himself or herself from the Commission meeting during the discussion of the subject item and shall not vote on or participate in any way in said matter.]]>>(1) announce publicly at the meeting the nature of the conflict before the matter is heard; (2) absent himself or herself from the Commission chambers during that portion of the meeting when the matter is considered; and (3) file a written disclosure of the nature of the conflict with the Clerk of the Board within 15 days after the vote. The filing of the State of Florida form prescribed for written disclosure of a voting conflict shall constitute compliance with this subsection.<<

* * *

Section 3. 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 4. 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 5. 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.



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