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HomeMy WebLinkAboutOrdinance 99-82 ORDINANCE NO. 99--KJ:- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA AMENDING SECTIONS 2-11.1, 2-11.2 AND 2-11.3 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES AS ADOPTED BY ARTICLE 8.3 OF THE CHARTER OF THE CITY OF SUNNY ISLES BEACH BY CREATING A SECTION ENTITLED "CONFLICTS OF INTEREST AND CODE OF ETmCS ORDINANCE;" TO PROVIDE FOR A MUNICIPAL ADMINISTRATIVE REMEDY PRIOR TO FILING A COMPLAINT WITH MIAMI-DADE COUNTY ETmCS COMMISSION; PROVIDING FOR A PROCEDURE ON A COMPLAINT OF VIOLATION AND PROVIDING FOR PROCEDURES WITH RESPECT TO BIDS AND PROPOSALS TO THE CITY; PROVIDING FOR REPEAL, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of Sunny Isles Beach wish to create and to exercise primary authority for enforcing standards of ethical conduct and behavior for City officials and personnel; and WHEREAS, the Mayor and. City Commission of the City of Sunny Isles Beach desire to establish the City's own procedures and evidentiary standards for determining complaints of ethical violations; and WHEREAS, the Mayor and City Commission of the City of Sunny Isles Beach intend that its determinations on complaints of ethical violations shall be entitled to a presumption of correctness by a reviewing court or by the Miami-Dade County Commission on Ethics and Public Trust and the Florida Commission on Ethics and that its determinations will not be disturbed unless a reviewing court or commission first determines that the determination is not supported by substantial competent evidence or the conclusions of law are incorrect as a matter of law; and WHEREAS, the adoption of a Conflict of Interest and Code of Ethics ordinance is in the best interests of the City of Sunny Isles Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH FLORIDA, as follows:: Section 1. Section 2-11.1 of the Code of Miami-Dade County as adopted by Article 8.3 of the City Charter of Sunny Isles Beach is amended to create "Conflict ofInterest and Code of Ethics." (a) DESIGNATION. This section shall be designated and known as the "City of Sunny Isles Beach Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all City personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of the City of Sunny Isles Beach Conflict and Code of Ethics Ordinance shall be applied in a cumulative manner. By way of example, and not as a limitation, sections (c) and (d) may be applied Amendment to Code of Ethics Ordinance Chapter 2 11/22/99 -- 2:32 PM -1- to the same contract or transaction. (b) DEFINITIONS. For the purposes of this Section the following definitions shall be effective: 1. Commissioners shall refer to the Mayor and the members of the City Commission as duly constituted from time to time. 2. Autonomous Personnel shall refer to the members of semi- autonomous authorities, boards and agencies, as may be created by the Commission from time-to-time, that may be entrusted with the day-to- day policy setting, operation and management of certain defmed City functions or areas of responsibility, even though the ultimate responsibility for such functions or areas rests with the City Commission. 3. Quasi-judicial Personnel shall refer to the members of a Board of Adjustment, if so created, the Commission, a Code Enforcement Board or Special Master(s), a Nuisance Abatement Board, if so created and such other individuals, boards and agencies of the City as perform quasi-judicial functions. 4. Advisory Personnel shall refer to the members of those City advisory boards, committees or agencies whose sole or primary responsibility is to recommend legislation or give advice to the City Commission. 5. Departmental Personnel shall refer to the City Manager, Assistant Managers and assistants to the Manager, department heads, the City Attorney, Assistant City Attorneys and assistants to the City Attorney, the City Clerk, Assistant City Clerks and assistants to the City Clerk. 6. Employees shall refer to all other personnel employed by the City. 7. Compensation shall refer to any money, gift, favor, thing of value or financial benefit conferred in return for services rendered or to be rendered. 8. Financial Interest shall refer to source of income or ownership, directly or indirectly, of ten percent (10%) or more of the outstanding capital stock in any corporation, or a source of income or a direct or indirect interest of ten percent or more in a firm, partnership or other business entity at the time of transacting business with the City. Amendment to Code of Ethics Ordinance Chapter 2 llf22199 - 2:32 PM -2- 9. Immediate family shall refer to the spouse, parents, children, brothers and sisters of the person involved. 10. Inspector GeneraL A City Attorney from another municipality in Miami-Dade County, as designated by the City Attorney from Sunny isles Beach, to be utilized in certain instances ofa conflict as more fully set forth in Section 2(a), (b) and (c) below. 11. Transact any business shall refer to the purchase or sale by the City of specific goods or services for consideration and to submitting a bid or a proposal in response to a RFP, a statement of qualifications in response to a request by the City, or entering into contract negotiations for the provision of any goods or services. (c) PROHffiITION ON TRANSACTING BUSINESS WITHIN THE CITY. No person included in the terms defmed in subsection (b)(1) through (6) and in subsection (h)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a fmancial interest, direct or indirect with the City of Sunny Isles Beach, or any person or agency acting for the City of Sunny Isles Beach and any such contract, agreement or business engagement entered in violation of this subsection, shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall effect forfeiture of office or position. Nothing shall prohibit or make illegal (1) the payment of taxes, special assessments, impact fees, or fees for services provided by the City government or (2) the purchase of bonds, anticipation notes or other securities that may be issued by the City through underwriters or directly from time to time. Extension of waiver. The requirements of this subsection may be waived for a particular transaction only by four (4) affmnative votes of the City Commission after public hearing. A waiver may be given only after fmdings at a public hearing by four (4) affmnative votes of the City Commission that: 1. An open-to-all sealed competitive proposal has been submitted by a City person as defined in subsection (b)(2), (3) or (4): or 2. The proposal has been submitted by a person or firm offering services within the scope of practice of architecture, professional engineering, or registered land surveying as defined by the laws of the State of Florida and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a City person defined in subsection (b)(2), (3), or (4); or 3. The property or services to be involved in the proposed transaction are unique and the City cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; or Amendment to Code of Ethics Ordinance Chapter 2 11/22/99 - 2:32 PM -3- 4 . That the proposed transaction will be in the best interest of the City. This subsection shall be applicable only to prospective transactions, and the City Commission may, in no case, ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter, (d) FURTHER PROHIBITION ON TRANSACTING BUSINESS WITH THE CITY No person included in the terms defmed in subsections (b)(l) through (6) and in subsection (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling fmancial interest, direct or indirect, with the City or any person or agency acting for the City, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Extension of waiver. The requirements of this subsection may be waived for a particular transaction only by four (4) affIrmative votes of the City Commission after public hearing. A waiver may be given only after fmdings at a public hearing by four (4) affirmative votes of the City Commission that: 1. An open-to-all sealed competitive proposal has been submitted by a City person as defined in subsection (b)(2), (3) or (4): or 2. The proposal has been submitted by a person or firm offering services within the scope of practice of architecture, professional engineering, or registered land surveying as defined by the laws of the State of Florida and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a City person defined in subsection (b)(2), (3), or (4); or 3. The property or services to be involved in the proposed transaction are unique and the City cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; or 5 . That the proposed transaction will be in the best interest of the City. This subsection shall be applicable only to prospective transactions, and the City Commission may, in no case, ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter, Additionally, no person included in the term defined in subsection (b)(l) shall vote on or Amendment to Code of Ethics Ordinance Chapter 2 11/22/99 - 2:32 PM -4- participate in any matter presented to the City Commission if that 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 City Committee: (i) officer, director, partner, 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)(l) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the City Commission shall not vote on or participate in any way in the matter. (e) GIFTS. 1 . Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. 2 . Exceptions. The provisions of subsection (e)( 1) shall not apply to: a. Political contributions specifically authorized by State law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3)set forth below; c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. e. Gifts made to the Sunny Isles Beach Police Athletic League, should one be created, or other recognized not-for-profit organizations; f. Gifts solicited by persons defined in subsection b( 1) through (6) on behalf of the City in the performance of their official duties for use solely by the City in conducting its official business. (3) Prohibitions. A person described in subsection (b)(l) through (6) shall neither solicit nor demand any gift. It also unlawful for a person or entity to offer, agree to give to any person included in the terms defined in subsection (b)(l) through (6), or, for any person included in the terms defined in subsection (b)(l) through (6) to accept, or agree to accept, from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an Amendment to Code of Ethics Ordinance Chapter 2 11/22/99 - 2:32 PM -5- omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in subsection (b)(l); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defmed in subsection (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity. The disclosure shall be made by filing a copy of the disclosure form required by Chapter 112, Florida Statutes, for "local officers" with the City Clerk simultaneously with the filing of the form with the Supervisor of Elections of Miami-Dade County and with the Secretary of State. (f) COMPULSORY DISCLOSURE BY EMPLOYEES OF FIRMS DOING BUSINESS WITH THE CITY. Should any person included in the terms defmed in subsections (b)(l) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the City of any City agency, or be subject to direct regulation by the City or a City agency, then the person shall file a sworn statement disclosing such employment and interest with the City Clerk of the City of Sunny Isles Beach. (g) EXPLOITATION OF AN OFFICIAL POSITION PROHIBITED. No person included in the terms defined in subsection (b)(l) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) PROHIBITION ON USE OF CONFIDENTIAL INFORMATION. No person included in subsection (b)(l) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the City, no shall that person ever use such information, directly or indirectly, for personal gain or benefit. Confidential information shall include, but not be limited to, any written information which is not subject to disclosure pursuant to Chapter 119, Florida Statutes or any other statutory exemption regarding public records or any oral information which was not discussed at any public meeting. (i) CONFLICTING EMPLOYMENT PROHIBITED. No person included in the terms defined in subsections (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. Amendment to Code of Ethics Ordinance Chapter 2 11/22/99 - 2:32 PM -6- G) PROHIDITION ON OUTSIDE EMPLOYMENT. 1. No employee included in the terms defmed in subsections (b)(6) shall receive any compensation for services as an officer or employee of the City from any source other than the City, except as may be permitted as follows: a. Generally Prohibited No full-time City employee shall accept outside employment, either incidental, occasional or otherwise, where City time, equipment or material is to be used or where such employment or any part is to be performed on City time, unless approved in writing by the City. b. When Permitted. A full-time City employee may accept incidental or occasional employment so long as such employment is not contrary, detrimental or adverse to the interest of the City or any of its departments and the approval required in subsection (c) is obtained. c. Approval Required. Any outside employment full time City employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. (2) All full-time City employees engaged in outside employment for any person, firm, corporation or entity other than the City of Sunny Isles Beach, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done pursuant to same and any amount or types of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the City Clerk. The reports shall be available at a reasonable time and place for inspection by the public. (k) PROHIBITED INVESTMENTS. No person included in the terms defmed in subsections (b)(I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) CERTAIN APPEARANCES AND PAYMENT PROHIDITED. 1. No Commission Members, departmental personnel and employees defined in subsections (b)(1), (5) and (6) shall appear before any City board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise or other benefit sought by the third person. Nor shall such person receive compensation or any gift, directly or indirectly or in any form, for services rendered to a third person, who has applied for or is seeking some benefit from the City or City agency, in connection with the particular benefit sought by the third person. Nor shall such appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief fromEthe City or a City agency through the suit in question. Amendment to Code of Ethics Ordinance Chapter 2 11/22/99 - 2:32 PM -7- 2. No autonomous personnel, quasi-judicial personnel, and advisory personnel as defined in subsections (b)(2), (3) and (4) shall appear before the City Commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive compensation or any gift, directly or indirectly or in any form, for services rendered to a third party, who has applied for or is seeking some benefit from the City Commission or agency on which such person serves, in connection with the particular benefit sought by the third party. Nor shall such person appear in any court or before any administrative tribunal as counsel or legal advisor to a third party who seeks legal relief from the City Commission or agency on which such person serves through the suit in question. (m) ACTIONS PROHIBITED WHEN FINANCIAL INTERESTS INVOLVED. No person included in the terms defined in subsections (b)(l) through (6) shall participate in any official action, directly or indirectly, affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this section as a direct or indirect, investment, equity, or debt. (n) ACOUIRING FINANCIAL INTERESTS. No person included in the terms defmed in subsections (b)(l) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions by the City or City agency of which the person is an official, officer or employee. (0) RECOMMENDING PROFESSIONAL SERVICES. No person included in the terms defined in subsections(b)(l) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the City or any of its agencies, provided that such recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other by other City officials, officers or employees. (p) CONTINUING APPLICATION FOR TWO YEARS AFTER SERVICE. 1. No Commission members, departmental personnel and employees as defined in subsections (b)(l), (5) and (6), shall for a period of two years after his City service or employment has ceased, act as attorney for anyone other than the City in connection with any judicial or other proceeding, application, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular matter in which the City of Sunny Isles Beach or one of its agencies is a party or has a direct and substantial interest and in which that person participated personally and substantially as an official, officer or employee, through decision, approval, disapproval, recommendation. the rendering of advice, receipt of confidential information, investigation. or otherwise, while so employed in City's service. Amendment to Code of Ethics Ordinance Chapter 2 11/22/99 - 2:32 PM -8- 2 No person who has served as an elected City official, mayor, Commission Member or member of the staff of an elected official, or as City Manager, an assistant to the manager, City Attorney, Deputy or Assistant City Attorney, department director or employee shall, for a period of two (2) years after service or employment has ceased, lobby any City officer or employee in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling, other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the City or one (1) of its agencies or instrumentalities is a party or has any interest whatever, whether direct or indirect. Additionally, no person who has served as a City Commissioner shall, for a period of two (2) years after hislher service or employment has ceased, lobby, with regard to any zoning or land use issue, any City officer, departmental personnel or employee in connection with any judicial or other proceeding, application, request for ruling, or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the City of Sunny Isles Beach or one (1) of its agencies or instrumentalities is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual included within the provisions of this subsection from submitting a routine administrative request or application to a City department or agency during the two-year period after service or employment has ceased. 3. The provisions of subsection (2) above shall not apply to officials or employees who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of such entities in their official capacities. 4. The provisions of this section shall apply to all individuals who leave the City after the effective date of this ordinance. Former officers and employees who have left the City within two years prior to the effective date of -this ordinance shall execute an affidavit on a form prepared by the Office of the City Attorney prior to lobbying any City officer or employee stating that the requirements of this ordinance do not preclude the person from lobbying any officer, departmental personnel or employee of the City. The City Attorney shall verify the accuracy of each affidavit executed by a former officer, departmental personnel or employee. (q) CITY ATTORNEY TO RENDER OPINIONS ON REOUEST. Whenever any person. included in the terms defined in subsections (b)(l) through (6) and subsections (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and Miami-Dade County Code of Ethics Ordinance, or whenever any person who renders services to the City is in doubt as to the applicability of the ordinance, that person may submit to the City Attorney a full written statement of the facts and questions. The City Attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless such person permits the use of a name. Amendment to Code of Ethics Ordinance Chapter 2 llf12J99 -- 2:32 PM -9- Section 2. Section 2-11.2, of the Code of Miami-Dade County as adopted by Article 8.3 of the Charter, is amended to provide as follows: Procedure on Complaint of Violation. (a) LEGALLY SUFFICIENT COMPLAINT. Upon a written complaint which alleges the elements of a violation, based substantially upon the personal knowledge, of the complainant and signed under oath or affirmation by the complaining person. and is legally sufficient to state a possible violation of this article, the City Attorney and City Manager shall jointly investigate any alleged violation. If it pertains to the City Manager or City Attorney, an Inspector General shall be selected as set forth in (c) hereinbelow. Within five (5) days after receipt of a complaint, a copy shall be sent to the alleged violator. (b) PRELIMINARY INVESTIGATION. A preliminary investigation shall be undertaken of each legally sufficient complaint to determine whether there is probable cause to believe that a violation has occurred. If, upon completion of the preliminary investigation, the City Attorney finds no probable cause to believe that a violation has been committed, the City Attorney shall dismiss the complaint with the issuance of a report to the complainant and the alleged violator. If the City Attorney finds from the preliminary investigation probable cause to believe that a violation has been committed, notification, via certified mail, shall be made to the complainant and the alleged violator (otherwise known as the respondent), in writing. The City Attorney may conduct such further investigation as deemed. The City Manager, in consultation with the City Attorney, may take such personnel action and may enter into such stipulations and settlements as to be just and in the best interest of the citizens of Sunny Isles Beach. If the preliminary investigation is of the City Attorney, the Commission shall request assistance from an Inspector General as set forth in subsection (c) hereinbelow. (c) INVESTIGATIONS. If after the preliminary investigation by the City Attorney, it is determined there is probable cause to believe a violation has been committed and therefore must be further investigated, investigations relating to personnel of the City, as defmed in Section l(b) 2, 3,4,6, or department heads, shall be conducted jointly by the City Attorney and the City Manager. If however, it pertains persons defmed in Section 1 (b) 1 or 5, excluding department heads, the investigation shall be conducted by a City Attorney from another municipality in Miami-Dade County as shall be designated by the City Attorney. That designated city attorney shall be referred to as the Inspector General. If the complaint pertains to the City Manager, the City Attorney or the City Clerk, the City Commission shall select the Inspector General. If the complaint pertains to persons defined in 1 (b) 1, i.e. any member of the City Commission, the Inspector General shall be selected by the City Attorney and the City Manager. Investigations shall be limited to the allegations of the complaint, but shall include an investigation of facts and persons materially related to the complaint at issue. (d) PUBLIC RECORDS. All proceedings, the complaint. and other records relating to the preliminary investigation shall be subject to the provisions of Section 119. Florida Statutes. (e) SUBPOENA. The City Attorney or Inspector General, as the case may be, shall be empowered to make application to any circuit court of this State which shall have jurisdiction to order witnesses to appear and to produce evidence, if so ordered, or to give testimony touching on the matter in question. Amendment to Code of Ethics Ordinance Chapter 2 11/22/99 -- 2:32 PM -10- (f) PRESENTATION OF THE CASE. The complainant shall present the case first. Respondent may then present a case. Rebuttal evidence may be permitted. 1. The respondent and the complainant shall have the right to present evidence relevant to the issue, to cross-examine opposing witnesses on any matter relevant to the issue, and to impeach any witness. 2. Hearings shall not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted. Hearsay evidence may be used to supplement or explain other evidence, but shall not be sufficient in itself to support a finding. The rules of privilege shall be effective to the same extent that they are now hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded. (g) Upon completion of presentation of the case, the City Attorney or the Inspector General, as the case may be, shall make proposed recommended fmdings of facts and conclusions of law, and the City Manager or the Inspector General, as the case may be, shall enter a public report and order as to whether any provisions of this chapter has been violated. If the City Manager or the Inspector General finds, based upon clear and convincing evidence in the record, that a violation has been committed, the City Manager or the Inspector General, as the case may be, shall issue an order imposing the penalties set forth in Section (h) hereinbelow, of the City's Code of Ordinances, or as provided in any statute being enforced. The City Manager shall, within sixty (60) days of the filing of a complaint, render a final order disposing of the complaint. If a person fails to comply with an order issued by the City Manager, the Manager may make application to the Miami-Dade County Commission on Ethics and Public Trust which shall have jurisdiction over the complaint, or other agency which may have jurisdiction over the complaint. The City Manager may also assess a fine and the costs of the investigation. (h) PENALTY. Every person who is convicted of a violation of this Section shall be punished by a fine not to exceed $500 or if there are other civil penalties for violation of the Code of Ethics. However, in addition to a civil penalty, restitution of any pecuniary benefits received may be required. (i) A TIORNEY'S FEES. In any case in which the City Attorney or anyone designated by the City Attorney finds no probable cause to believe that a violation has been committed or determines that the complaining party filed a frivolous or groundless complaint, the City Manager may order the complaining party to pay any costs and attorneys' fees incurred by the City. G) PROSPECTIVE.JURISDICTION. Any alleged violation committed before the effective date of this ordinance shall be governed by the applicable City of Sunny Isles Beach, Miami-Dade County and State of Florida Code of Ethics Ordinances, Conflict of Interest Ordinances or Lobbyist Registration and Reporting Ordinances in effect at the time of the alleged violations. (k) PERSONNEL PROCEEDING. Where an employee of the City of Sunny Isles Beach is alleged to have violated a law within the purview of this Ordinance, and based upon the same set of Amendment to Code of Ethics Ordinance Chapter 2 11/22199 - 2:32 PM -11- facts, is subject to an ongoing disciplinary action initiated by the City, the City Attorney and City Manager shall stay consideration of a complaint until the conclusion of the personnel proceeding. (I) STATUTE OF LIMITATIONS. No action may be taken on a complaint filed more than one (1) year after the violation is alleged to have accrued. Section 3. Section 2-11.3 of the Code of Miami-Dade County as adopted by Article 8.3 of the City Charter of the City of Sunny Isles Beach is amended to provide as follows: Bids and Proposals. (a) In regard to any bid or proposal issued by the City, there is a prohibition on: (i) any communication regarding a particular RFP, RFQ or bid between a potential vendor, service provider, bidder, lobbyist or consultant and the City's professional staff including, but not limited to, the City Manager and the staff of the City Manager, and (ii) any communication regarding a particular RFP, RFQ or bid between the Mayor and City Commission and any member of the City's professional staff including, but not limited to, the City Manager and the Manager's staff unless there is a written record of the communication and (Hi) communication regarding a particular RFP, RFQ or bid between a potential vendor service provider, bidder, lobbyist. or consultant and the Mayor and City Commission (b) PROCEDURE. This procedure shall be imposed upon each RFP, RFQ and bid after the advertisement of the RFP, RFQ or bid. The City shall include in any public solicitation for goods and services a statement disclosing the requirements of this ordinance. (c) EXCEPTIONS. The provisions of this ordinance shall not apply to oral communications at pre-bid conferences, oral presentations before selection committees, contract negotiations, public presentations made to the City Commission during any duly noticed public meeting or communications in writing at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ or bid documents. The bidder or proposer shall file a copy of any written communication with the City Clerk. The City Clerk shall make copies available to any person upon request. (d) PENALTIES. Violations of this Section shall subject the violator to an admonition or public reprimand and/or a fme of two hundred fifty dollars ($250.00) for the first such violation and five hundred dollars ($500.00) for each subsequent violation. In addition to the above described penalties, violation of this subsection by a particular bidder or proposer shall render any RFP award, RFQ award or bid award to the bidder or loser voidable. Any person who violates a provision of this ordinance shall be prohibited from serving on the City's competitive selection committee. In addition to any other penalty provided by law, violation of any provision of this ordinance by a City employee shall subject the employee to disciplinary action up to, and including, dismissal. Additionally, any person who has personal knowledge of a violation of this ordinance shall report such violation and lor may file a complaint with the City. Section 4 Repealer. All ordinances or parts of ordinances in conflict or inconsistent are repealed. Amendment to Code of Ethics Ordinance Chapter 2 11/22199 -- 2:32 PM -12- Section 5 Severability If any word, clause, phrase, sentence, paragraph or section of this ordinance is held to be invalid by a court of competent jurisdiction, such declaration of invalidity shall not affect any other word, clause, phrase, sentence, paragraph or section of this ordinance. Section 6 Effective Date. This ordinance shall be effective ten days after passage by the City Commission on second reading. PASSED AND ADOPTED on first reading this \~day of November, 1999. PASSED AND ADOPTED on second reading this ,,~ day 1999. ATIEST: ~ I i .~~~ Richard Brown-Morilla, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Motion on second reading by: c..,.-".,.\\INoN \~ Second on second reading by: ~\"^"' Jrrcu Vote: 5-0 Mayor David Samson Vice Mayor Connie Morrow Commissioner Irving Turetsky Commissioner Lila Kauffman Commissioner Daniel Iglesias (yes) t/ (yes) ~, (yes)~ (yes)J(; (yes)J[ (no)_ (no )_ (no)_ (no)_ (no)_ Amendment to Code of Ethics Ordinance Chapter 2 11/22/99 - 2:32 PM -13-