Ordinance No. 2021-12 Providing for Charter Amendment of Enhanced Ethics Provisions - July 22, 2021 CITY OF AVENTURA ORDINANCE NO. 2021-12
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ARTICLE VII "CODE OF ETHICS" OF CHAPTER 2 "ADMINISTRATION"
OF THE CITY CODE TO IMPLEMENT THE RECENT AMENDMENT OF
CITY CHARTER SECTION 7.03(B) PROVIDING FOR ENHANCED
ETHICS PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on April 27, 2021 the electors of the City approved an amendment to
City Charter Section 7.03(b) to provide for enhanced ethics standards; and
WHEREAS, City Charter Section 7.03(b) requires the City Commission to adopt
an enabling Ordinance as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Amended. That Section 2-397 "Ethics Requirement
Concerning Community Association Service", of Article V11 "Code of Ethics", of Chapter
2 "Administration" of the City Code of the City of Aventura is hereby amended by
creating the following new Section, to read as follows:
City of Aventura Ordinance No. 2021-12
Chapter 2 —ADMINISTRATION
ARTICLE VII. — CODE OF ETHICS
Section. 2-397. — Ethics Requirement Concerning Community Association Service.
(a) In the event that a member of the City Commission( the "Elected Official")
serves as an officer (the "Officer") or member of the board of directors (the "Board
Member") of a condominium association, homeowners association or cooperative
owners association (each constituting a "Community Association" for the purposes
of this section) the Elected Official shall resign (the "Resignation Requirement")
from his or her position as an Officer or Board Member, upon such Community
Association instituting or maintaining litigation against the City or any City officer,
employee, or agent (collectively, the "City"). This Resignation Requirement shall
apply regardless of whether the litigation against the City is by claim, cross claim
or counterclaim or is pending in a state or federal court. This Section 2-397 shall
serve to comprehensively govern the implementation of City Charter Section 7.03
(b).
(b). Within ten (10) days after an Elected Official knows or should know that
litigation is pending which requires his or her resignation from a Community
Association under paragraph (a) above, the Elected Official shall resign, in writing,
from his or her position as an Officer or Board Member of the Community
Association and shall send a copy of such written resignation to the City Clerk.
(c). In the event that an Elected Official is uncertain as to the applicability of this
Section, he or she shall request the written opinion of the City Attorney concerning
the applicability of this Section and shall act in accordance with said opinion.
Section 3. Severability. That 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 they shall remain in effect it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
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City of Aventura Ordinance No. 2021-12
Section 4. Inclusion in the Code. That it is the intention of the City
Commission and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura, that the sections of this Ordinance
may be renumbered or relettered to accomplish such intentions, and that the word
Ordinance shall be changed to Section or other appropriate word.
Section 5. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Shelley, who moved its
adoption on first reading. This motion was seconded by Commissioner Landman and
upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans Yes
Commissioner Rachel S. Friedland Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
The foregoing Ordinance was offered by Commissioner Evans, who moved its
adoption on second reading. This motion was seconded by Commissioner Narotsky and
upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans Yes
Commissioner Rachel S. Friedland Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Enid Weisman Yes
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City of Aventura Ordinance No. 2021-12
PASSED on first reading on this 1311 day of July, 2021 .
PASSED AND ADOPTED on second reading on this 22nd day of July, 2021.
ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVA MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
I A L14 �
ITY ATTORNEY
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