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ORDINANCE RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; AMENDING SECTION 2-11.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REVISING FINANCIAL DISCLOSURE REQUIREMENT PERTAINING TO CERTAIN SPECIFIED PUBLIC OFFICIALS, EMPLOYEES, AND CONSULTANTS; PROVIDING FOR TOLLING OF REQUIREMENT TO FILE ANNUAL FINANCIAL DISCLOSURE STATEMENT FOR DEPLOYED MILITARY PERSONNEL UNDER CERTAIN CIRCUMSTANCES; MAKING TECHNICAL AND CONFORMING CHANGES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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WHEREAS, in 1996, Miami-Dade County residents voted to amend the Home Rule Charter to create an ethics commission; and
WHEREAS, subsequently, the Board enacted Ordinance No. 97-105, establishing the Miami-Dade County Commission on Ethics and Public Trust (the �Ethics Commission�), an independent agency with advice-giving and quasi-judicial powers that is charged with interpreting and enforcing the County�s ethics rules; and
WHEREAS, these ethics rules are set forth in the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance (the �Ethics Ordinance�), which is codified in section 2-11.1 of the County Code; and
WHEREAS, among other things, the Ethics Ordinance requires certain County officials, employees, and consultants to annually file a financial disclosure statement with the County Elections Department by July 1 of each year, and certain municipal officials, employees, and consultants to annually file a financial disclosure statement with the applicable municipal clerk by such deadline; and
WHEREAS, the Ethics Ordinance further provides that this local financial disclosure requirement �shall be considered as supplemental to and not in substitution of any requirements of chapter 112, Florida Statutes, or any rules and regulations promulgated thereunder,� and, for those persons required to disclose pursuant to Florida law, �[c]ompliance with the financial disclosure provisions of chapter 112 (Part III), Florida Statutes� or �article II, Section 8 of the Florida Constitution . . . and any general laws promulgated thereunder, shall constitute compliance with this section�; and
WHEREAS, section 8, article II of the Florida Constitution and sections 112.3144 and 112.3145 of the Florida Statutes require certain public officials, board members, employees, and candidates for elective office to disclose financial interests by July 1 of each year; and
WHEREAS, section 112.3151 of the Florida Statutes provides authority to the Florida Commission on Ethics to �grant, for good cause, on an individual basis, an extension of time for filing any disclosure required under the provisions of this part or [section] 8(a), [article] II of the State Constitution,� under certain circumstances; and
WHEREAS, however, there is no similar provision in the Ethics Ordinance authorizing extensions to file local financial disclosure statements for good cause shown; and
WHEREAS, one circumstance in which a person may be unable to file a timely financial disclosure statement is when such person is an active duty member of the military who is away on deployment; and
WHEREAS, members of the military who are unable to disclose their financial interests in a given year because they are away serving our Country on deployment should not be found in violation of the Ethics Ordinance; and
WHEREAS, accordingly, this Board wishes to amend the Ethics Ordinance to provide that the requirement to locally file a financial disclosure statement shall be tolled until after any such person returns from military deployment,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitals are hereby approved and incorporated herein.
Section 2. Section 2-11.1 of the Code of Miami-Dade County is hereby amended to read as follows:1

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


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(i) Financial disclosure

(1) All persons and firms included within subsections (a) and (b)(2), (3) and (4) of this section shall file, no later than 12:00 noon of July 1st of each year>>,<< including the July 1st following the last year that person is in office or held such employment, one [[(1)]] of the following:
a. A copy of that person�s or firm's current federal income tax return; or
b. A current certified financial statement on a form of the type approved for use by State or national banks in Florida listing all assets and liabilities having a value in excess of [[one thousand dollars (]] $1,000.00[[)]] and a short description of each; or
c. An itemized source of income statement, under oath and on a form approved by the County for said purpose.
Compliance with the financial disclosure provisions of chapter 112 (Part III), Florida Statutes, as amended, or with the provisions of article II, Section 8 of the Florida Constitution, as amended by the voters on November 2, 1976, and any general laws promulgated thereunder, shall constitute compliance with this section.

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(5) Reports; filing. All documents required to be filed hereunder by County persons or consultants shall be filed with the supervisor of elections. Documents required to be filed hereunder by municipal persons or consultants shall be filed with the municipal Clerk of that entity.

(6) >>Tolling. The requirement to file a financial disclosure for a given year shall be tolled for any military personnel deployed as of the July 1 filing deadline, provided that proof of such deployment is submitted in advance of the filing deadline. Upon returning from military deployment, such person shall have 60 days thereafter to file the required financial disclosure, and shall submit therewith written documentation of the duration of deployment. Proof of military deployment shall be submitted to the supervisor of elections or municipal clerk, as applicable, with a copy to the Miami-Dade County Commission on Ethics and Public Trust. For purposes of this paragraph, �deployed� and �deployment� shall mean assigned for duty away from home for military purposes.

(7)<< Public disclosure. All documents filed pursuant to this subsection shall constitute public records within the meaning of chapter 119, Florida Statutes.

>>(8)<<[[(7)]] Construction. The construction of this subsection shall be considered as supplemental to and not in substitution of any requirements of chapter 112, Florida Statutes, or any rules and regulations promulgated thereunder.

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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.




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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