HomeMy WebLinkAboutOrdinance 2022-585ORDINANCE NO. 2022 -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, REPEALING SECTION 33-5, ENTITLED "CONE OF SILENCE OPT -OUT" OF
THE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES; REPEALING
ORDINANCE NO. 2002-148; PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR NOTICE TO MIAMI-DADE COUNTY COMMISSION
ON ETHICS; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in 1998, via Ordinance No. 89-106, Miami -Dade County ("County")
Commission amended the County Conflict of Interest and Code of Ethics Ordinance, which is
codified in section 2-11.1 of the County Code, to establish a "Cone of Silence"; and
WHEREAS, the purpose of the Cone of Silence is to provide protection from outside
interference in the procurement processes by restricting communications between vendors,
service providers, bidders, lobbyists, consultants, the Mayor, professional staff and the
Commissioners or their respective staffs from the time a solicitation is advertised, until such time
as the City Manager makes a recommendation for the approval of a solicitation award; and
WHEREAS, the Cone of Silence Ordinance further provides that if the City Commission
defers the matter to a future date, the Cone of Silence shall be re -imposed until such time as the
matter is brought back before the City Commission for further deliberation, and in the event the
City Commission decides to reject all bids, then the Cone of Silence shall be lifted; and
WHEREAS, in 1999 via Ordinance No. 99-82, the City of Sunny Isles Beach ("City") formally
adopted its own ethics code, which included a version of the Cone of Silence Ordinance which
mirrored the language in the County' s ordinance; however, when the County subsequently
amended its Code to allow municipalities the ability to "opt out" of the County's Cone of Silence
requirements, the City did so by adopting Ordinance No. 2002-148; and
WHEREAS, the City recently learned that it is the only municipality in the County that is
either not governed by the County Cone of Silence, or has not adopted its own Cone of Silence;
and
WHEREAS, the City Commission believes that being governed by the County Cone of
Silence will preserve the integrity of the City's procurement process, and is consistent with the
City's goals of raising the standard of ethics for all of those who work within the City and for those
individuals and entities that seek to do business with the City; and
WHEREAS, in the interest of transparency, good governance, increasing the public trust,
and increasing the City's standards of ethics, the City Commission believes it is in the best interest
of the City to repeal Section 33-5 of the City's Code of Ordinances, as well as repeal Ordinance
No. 2002-148.
02022-585 Cone of Silence Opt Out Page 1 of 3
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AS FOLLOWS:'
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. Repealer. Section 33-5 of the City's Code of Ordinances and Ordinance No. 2002-
148 are hereby repealed. Any and all ordinances, resolutions and parts of ordinances or
resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent
or in conflict herewith.
Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity.
Section 4. Notice to the Commission on Ethics. The City Commission directs the City Clerk to
transmit a certified copy of this Ordinance to the Miami -Dade Commission on Ethics upon its
adoption. By virtue of the enactment of this Ordinance, the City hereby notifies the Commission
on Ethics of its intention to be governed by the County's Cone of Silence requirements.
Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the Code of
Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be
renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall
be changed to "Section" or other appropriate word, as required.
Section 6. Effective Date. This Ordinance will become effective ten (10) days after adoption
at second reading.
PASSED AND ADOPTED on first reading this TIMay of May 2022.
PASSED AND ADOPTED on second reading this day of June 2022.
Da/Rob-in Goldman, Mayor
1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by
double underline, and deletions are shown as stFiketh, eugh.
@BCL@CCOF8584.docx Page 2 of 3 54
1 t
i
ATTEST: 1
M uricio Beta cur, CMC, City Clerk
First Reading
Motion:
Second: �01�•Lll(r/� �i
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
ac," Qq��
Edward A. Dion, City Attorney
Second Reading
Motion:—j'.,
Second: p //•��
Vote on First Reading:
/
Mayor Goldman
"/(Yes)
(No)
Vice Mayor Viscarra
(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama(Yes)
—3L(Yes)
(No)
Commissioner Stuyvesant
(No)
Vote on Second Reading:
Mayor Goldman
(Yes)
(No)
Vice Mayor Viscarra
(Yes)
(No)
Commissioner Joseph
(Yes)
(No)
Commissioner Lama
(Yes)
(No)
Commissioner Stuyvesant
(Yes)
(No)
@BCL@CCOF8584.docx Page 3 of 3 55
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501A b
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Genesis Cuevas, Purchasing Agent
DATE: June 16, 2022
RE: Ordinance Repealing Section 33-5 "Cone of Silence Opt -Out"
RECOMMENDATION:
This Ordinance is presented for your consideration.
REASONS:
In 1998, via Ordinance No. 89-106, Miami -Dade County ("County") Commission amended the Count
Conflict of Interest and Code of Ethics Ordinance, which is codified in section 2-11.1 of the Counti.
Code, to establish a "Cone of Silence". The purpose of the Cone of Silence is to provide protectior
from outside interference in the procurement processes by restricting communications between
vendors, service providers, bidders, lobbyists, consultants, the Mayor, professional staff and the
Commissioners or their respective staffs from the time a solicitation is advertised, until such time as
the City Manager makes a recommendation for the approval of a solicitation award.
In 1999 via Ordinance No. 99-82, the City of Sunny Isles Beach ("City") formally adopted its own ethic
code, which included a version of the Cone of Silence Ordinance which mirrored the language in the
County' s ordinance; however, when the County subsequently amended its Code to allow
municipalities the ability to "opt out" of the County's Cone of Silence requirements, the City did so by
adopting Ordinance No. 2002-148.
However, being governed by the County Cone of Silence will preserve the integrity of the City's
procurement process, and is consistent with the City's goals of raising the standard of ethics for all of
those who work within the City and for those individuals and entities that seek to do business with the
City.
Item Number: 9.6
51
Therefore, in the interest of transparency, good governance, increasing the public trust, and
increasing the City's standards of ethics, the City Commission believes it is in the best interest of the
City to repeal Section 33-5 of the City's Code of Ordinances, as well as repeal Ordinance No. 2002-148.
ATTACHMENTS:
Ordinance
Item Number: 9.6
52