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Ordinance 2010-349
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Ordinance 2010-349
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Last modified
9/30/2010 12:24:12 PM
Creation date
9/30/2010 12:23:29 PM
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CityClerk-Ordinances
Ordinance Number
2010-349
Date (mm/dd/yyyy)
09/10/2010
Description
Amd Chap. 33, Post Employment Restrictions under the City’s Ethics Code
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<br />Agenda Item No. 4(1) <br />Page 5 <br /> <br />(3) Limited exclusion from prohibition on autonomous <br />personnel, advisory personnel and quasi-judicial personnel <br />contracting with county. Notwithstanding any provision to the <br />contrary herein, subsections (c) and (d) shall not be construed to <br />prohibit any person defined in subsection (b)(2), (b)(3) and (b)(4) <br />from entering into any contract, individually or through a firm, <br />corporation, partnership or business entity in which the board <br />member or any member of his or her immediate family has a <br />[[ controlling]] financial interest, with Miami-Dade County or any <br />person or agency acting for Miami-Dade County. However, any <br />person defined in subsection (b)(2), (b)(3) and (b)(4) is prohibited <br />from contracting with any agency or department of Miami-Dade <br />County subject to the regulation, oversight, management, policy- <br />setting or quasi-judicial authority of the board of which the person <br />is a member. <br /> <br />(4) Any person defmed in subsections (b)(2) through <br />(b)(4) and subsection (b)(6) shall seek a conflict of interest opinion <br />from the Miami-Dade County Commission on Ethics and Public <br />Trust (lithe Ethics Commission") prior to submittal of a bid, <br />response, or application of any type to contract with the County by <br />the person or his or her immediate family. A request for a conflict <br />of interest opinion shall be made in writing and shall set forth and <br />include all pertinent facts and relevant documents. If the Ethics <br />Commission finds that the requirements of this section pertaining <br />to exclusions for persons defined in subsections (b)(2) through <br />(b)(4) and subsection (b)(6) are not met and that the proposed <br />transaction would create a conflict of interest, the person defined in <br />subsections (b)(2), (b)(3), (b)(4) or (b)(6) may request a waiver <br />from the Board of County Commissioners within ten (10) days of <br />the Ethics Commission opinion by filing a notice of appeal to the <br />Ethics Commission. The Ethics Commission shall forward the <br />notice of appeal and its opinion and any pertinent documents to the <br />Clerk of the Board of County Commissioners (the "Clerk") <br />forthwith. The Clerk shall place the request on the commission <br />agenda for consideration by the Board. The Board of County <br />Commissioners may grant a waiver upon an affirmative vote of <br />two-thirds (2/3) of the entire Board of County Commissioners, <br />after public hearing, if it finds that the requirements of this <br />ordinance pertaining to the exclusion for a County employee from <br />the Code have been met and that the proposed transaction will be <br />in the best interest of the County. The Board of County <br />Commissioners may, as provided in subsection (c)(6), grant a <br />waiver to any person defined in subsection (b)(2) through (b)(4) <br /> <br />1 <br />
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