Ordinance 2010-349 - Laserfiche WebLink

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restrictions on post employment activities for all officers and employees of the City for a period of two (2) years following termination of employment, subject to narrowly defined exemptions. The only exemptions to the two year post employment restriction include in the amended ordinance: . officials or employees who become employed by governmental entItles, 501 (c )(3) nonprofit entities or educational institutions or entities, and who make an appearance on behalf of such entities in their official capacities. . Officials or employees who are personally served with a subpoena to testify as a fact witness in a judicial proceeding in which the City or one of its agencies is a party. . former employees who receive a zoning notice as provided in Chapter 265 of the City Code and who desire to comment at a public hearing on the subject matter. . former employees whose personal or real property is the subject matter of the judicial, quasi judicial or other proceeding. . the City Commission may waive the two year post employment restriction if they find the comments to be in the public interest or find the comments necessary to assist in understanding of documents that are deemed public records This amendatory Ordinance further clarifies that the City's post employment restrictions have never been construed in the same manner as the Miami Dade County's post employment restrictions were recently construed by the Miami Dade County Commission on Ethics and Public Trust in Opinion ("Ethics Commission") in RQO 10-19, dated July 20, 2010. The decision rendered by the Ethics Commission in RQO 10-19 is unprecedented in its history of written opinions concerning the two year restriction on post employment activity. If the City accepts the aforementioned opinion as law, elected officials, high level staffers like the City Manager or City Attorney can represent clients before the City Commission in zoning or bid protest hearings immediately upon resigning from their positions. Elected officials, City Manager or the City Attorney can also act as fact or expert witnesses about matters that they were personally involved in. The opinion issued by the Ethics Commission is contrary to a previous opinion issued by the Office of the City Attorney on the City's post employment restriction rule (opinion attached). More disturbing, the recent opinion is contrary to a recent recommendation adopted by the Ethics Commission regarding the Two Year Rule. The recommendation, which is contained in a Final Report relating to proposed revisions to the Ethics Code of Miami-Dade County, sought to broaden the scope of the Two Year Rule by eliminating the non-profit representation/witness exemption. This recommendation was presented by the Ethics Commission to the County Commission (see attached County Ordinance). In contrast, the decision rendered in RQO 10-19 seeks to restrict the scope of the Two Year Rule by creating a witness exemption when the language of the Ethics Code of Miami-Dade County does not provide for such exemption. Simply put, it appears that new law was created by RQO 10-19. Fortunately, this new law is not the controlling law in the City of Sunny Isles Beach. By adopting this amendatory Ordinance, the City will re-affirm and confirm the purpose and applicability of the two year post employment restrictions and confirm that RQO 10-19 is not applicable to the City of Sunny Isles Beach.