HomeMy WebLinkAboutOrdinance 2004-210
ORDINANCE NO. 2004- .;l \ 0
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-7 A. OF
THE CODE OF ETHICS WHICH HAS REQUIRED ONLY DISCLOSURE
OF PERSONAL INVESTMENTS THAT MIGHT CREATE A CONFLICT,
TO NOW PROVIDE A PROIDBITION AGAINST INTERESTS IN
CONFLICT WITH OFFICIAL DUTIES PROVISION, INCLUDING
UNWARRANTED PRIVILEGES; PROVIDING FOR DISSEMINATION
OF SUCH DISCLOSURE BY CITY CLERK; PROVIDING FOR
DISCIPLINARY ACTION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sunny Isles Beach wishes to fortify the
Code of Ethics provided by the Code of Miami-Dade County, as adopted by Section 3 of the City
Charter; and
WHEREAS, the City has the right and ability to make more stringent that Code of Ethics
Ordinance; and
WHEREAS, the City Commission is constantly dealing with numerous zoning requests
in this redeveloping City; and
WHEREAS, the City Commission previously required only disclosure of interest which
might be in conflict with official duties and the City now wishes to prohibit such transactions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, AS FOLLOWS:
Section 1. Prohibition of Interest in Conflict with Official Duties. (a) An official officer,
including an elected official, or employee of the City shall not make any personal investments in
enterprises in which he or she has reason to believe that he or she may be directly involved in the
final decision making as to a development approval to be made by him or her, or which will
otherwise create conflict between his or her public duty and his or her private interest, until the
Certificate of Occupancy is issued. (b) It shall also be a violation of this Section for an official
officer to use a third party to make personal investments on their behalf that will create a conflict
between his or her public duty and his or her private interest.
Section 2. Undue Influence. No official, officer or employee of the City of Sunny Isles
Beach shall, by his or her conduct give reasonable basis for the impression that any person can
unduly influence him or her improperly or enjoy his or her favor in the performance of his or her
official duties or that he or she is affected by kinship, rank, position or influence of any party or
person.
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02004-210 Ethics Code Amend Conflict With Official Duties.Doc
6/21/04
Section 3. Directive of Clerk. The City Clerk shall disseminate to the City Commission
such disclosures, on a monthly basis, and shall make available such information to the public
upon request.
Section 4. Disciplinary Action. Any violation of this code of ethics shall constitute cause for
discipline otherwise provided by the Miami-Dade Code of Ethics Ordinance.
Section 5. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but shall remain in effect, it being the
legislative intent that this Ordinance shaH stand notwithstanding the invalidity of any part.
Section 6. Repealer. 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 7. 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 City of Sunny
Isles Beach Code; 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 to
other appropriate word.
This Ordinance shall be effective ten days after adoption on
, 2004.
,2004.
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ynn M. Dannheisser, City Attorney
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Ethics Code Amendment Of - Conflict With Official Duties Rev 3
6121/04
Vote: 5-0
Mayor Edelcup
Vice Mayor Goodman
Commissioner Brezin
Commissioner Iglesias
Commissioner Thaler
Ethics Code Amendment Of - Conflict With Official Duties Rev 3
6/21/04
Moved by: y,<.:...t ffioyTtr G.cOOmM
Seconded by: Ct.M~ 8~~ '2,1\/
V{y es)
vfYes)
V(Yes)
V(Yes)
=r2(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
3