2001-10ORDINANCE NO. 2001-10
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 2
"ADMINISTRATION" BY AMENDING ARTICLE VII "CODE
OF ETHICS" BY CREATING SECTION 2-395
"DISCLOSURE OF BUSINESS RELATIONSHIPS AND
GIFTS," TO PROVIDE FOR THE DISCLOSURE OF
BUSINESS RELATIONSHIPS AND GIFTS BY MEMBERS
OF THE CITY COMMISSION AND CITY ADVISORY
BOARDS WITH OR FROM APPLICANTS, APPLICANT'S
REPRESENTATIVES AND INTERESTED PERSONS
APPEARING BEFORE THE CITY COMMISSION OR CITY
ADVISORY BOARDS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the Florida Legislature has enacted comprehensive ethical
standards which apply to all public officers and employees, at Part III of Chapter 112,
Florida Statutes; and
WHEREAS, Section 2-11.1 of the Miami-Dade County Code, as adopted by City
Code Section 2-392(2), generally provides certain additional ethical standards; and
WHEREAS, Section 112.326, Florida Statutes, explicitly allows more stringent,
non-conflicting regulation of ethics by municipalities; and
WHEREAS, the City Commission desires to adopt and apply additional
disclosure requirements, supplementing the existing provisions of Article VII of Chapter
2 of the City Code, as described herein, so as to protect the public's interest.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. Each of the above recitals is hereby confirmed
and adopted.
Ordinance No. 2001-10
Page 2
Section 2. City Code Amended, That the City Code of the City of Aventura,
Florida is hereby amended by amending Chapter 2 "Administration," by amending
Article VII "Code of Ethics" by creating Section 2-395 "Disclosure of Business
Relationships and Gifts" to read as follows:
Section 2-395. Disclosure of Business Relationships and Gifts.
1. Definitions.
(a) Applicant. As used herein, the term "Applicant" means any individual
or entity requesting action of the City Commission or a City Advisory
Board upon an application and all persons or entities representing
such individual or entity (including, but not limited to, all attorneys,
architects, landscape architects, engineers and lobbyists) (the
"Representatives"), and any individual who holds directly or indirectly,
a five (5%) percent or more ownership interest in the total assets or
capital stock of such Applicant entity.
(b) Business Relationship. As used herein the term "Business
Relationship" means that a member of the City Commission or a City
Advisory Board has a Business Relationship with a person or an entity
if any of the following exist:
(i)
the member of the City Commission or City Advisory Board holds
an ownership interest, directly or indirectly, in excess of 1% of the
total assets or capital stock of the Applicant, Representative or
Interested Person entity; or
(ii)
the member of the City Commission or City Advisory Board is a
partner, co-shareholder (as to the shares of a corporation which are
not listed on any national or regional stock exchange) or joint
venturer with the Applicant, Representative or Interested Person in
any business venture;
(iii) the Applicant, Representative or Interested Person is a Client of the
member of the City Commission or City Advisory Board, or a Client
of another professional working from the same office or for the
same employer as the member of the City Commission or City
Advisory Board;
(iv)the member of the City Commission or City Advisory Board is a
Client of the Applicant, Representative or Interested Person;
Ordinance No. 2001-10
Page 3
(v) the Applicant, Representative or Interested Person is a Customer of
the member of the City Commission or City Advisory Board (or of
his/her employer) and transacts more than $10,000 of the business
of the member of the City Commission or City Advisory Board (or of
his/her employer) in a given calendar year; or
(vi)the member of the City Commission or City Advisory Board is a
Customer of the Applicant, Representative or Interested Person
and transacts more than $25,000.00 of the business of the
Applicant, Representative or Interested Person in a given calendar
year.
(c) Client. As used herein the term "Client" means a person or entity who
obtains the services of another for compensation.
(d) Customer. As used herein the term "Customer" means a person or
entity who pumhases or leases materials, equipment or property from
another.
(e) Gift. As used herein, the term "Gift" means any Gift required to be
reported by quarterly disclosure pursuant to Section 112.3148, Fla.
Stat. or Section 2-11.1 (e) of the Miami-Dade County Code.
(f) Interested Person. As used herein, the term "Interested Person"
means any person who speaks for or against any resolution or
ordinance before the City Commission or for or against any matter
before any City Advisory Board and who has a direct financial interest
in the action {including, but not limited to, vendors, bidders and
proposers), except that owner occupied residential property owners
shall not be deemed to have a direct financial interest in land use
decisions that may affect the value of their property, and accordingly
shall not be within the definition of the term "Interested Person," as
used herein.
2. Application of Definitions.
(a)
Notwithstanding the provisions of subsection l(b) (i- vi) above, a
Business Relationship shall not be construed to exist hereunder by
virtue of the circumstance that a member of the City Commission or
City Advisory Board executed or authorized a contract with an
Applicant, Representative or Interested Person solely in such City
Commission or City Advisory Board member's capacity as an officer or
director of a homeowner association, condominium association,
cooperative association or master association.
Ordinance No. 2001-10
Page 4
(b) For the purpose of applying the twenty-four month period restriction
provided in subsection 3(a) below, a Business Relationship
commences pursuant to subsection l(b)(iii-vi) (Client/Customer)
above, when materials, equipment, property or services are ordered,
sought, contracted for or obtained.
(c) For the purpose of applying the twenty-four month period restriction
provided in subsection 3(a) below, a Business Relationship ends
pursuant to subsection l(b)(iii-vi) (Client/Customer) above:
(i)
(ii)
(iii)
once the sale of materials, equipment or property is completed
and no payment remains due; or
once the lease of materials, equipment or property expires or is
terminated and no payment remains due; or
once the provision of services is fully performed and no
payment for services remains due.
3. Restrictions.
(a) Except as prohibited by law or regulatory standards, each member of
the City Commission or any City Advisory Board shall disclose the
existence of any Business Relationship of which he/she is aware that
he/she has, or has had within the prior twenty-four month period, with
any Applicant, Representative or Interested Person, at the time that the
Applicant, Representative or Interested Person appears before the City
Commission or City Advisory Board on which the member sits.
(b) Except as prohibited by law or regulatory standards, if a member of the
City Commission or any City Advisory Board learns, or with the
exercise of due diligence, should have learned, at any time after an
action is taken by the City Commission or the City Advisory Board on
which the member sits, that he/she had a Business Relationship with
any Applicant, Representative or Interested Person who appeared
before the City Commission or the City Advisory Board, he/she shall
within ten (10) days of so learning, disclose any such Business
Relationship in writing to the City Clerk that was not disclosed at the
initial meeting.
(c)
Except as prohibited by law or regulatory standards, if a member of the
City Commission or any City Advisory Board establishes a Business
Relationship with any Applicant, Representative or Interested Person
within twelve months after the Applicant, Representative or Interested
Person appears before the City Commission or the City Advisory
Board on which the member sits, the member of the City Commission
or the City Advisory Board shall disclose any such Business
Relationship in writing to the City Clerk within 15 days after the
Business Relationship is established.
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Ordinance No. 2001-10
Page 5
(d) Section 286.012, Florida Statutes, prohibits a member of the City
Commission or any City Advisory Board from abstaining from voting
unless there is, or appears to be, a possible conflict of interest under
Sections 112.311, 112.313, and 112.3143, Florida Statutes.
Accordingly, in any situation where a member of the City Commission
or a City Advisory Board discloses a Business Relationship under this
Section, the member may abstain from voting, since such disclosure
shall qualify as constituting the appearance of a possible conflict of
interest. This paragraph shall not be construed to make abstention
discretionary under situations in which abstention or non-participation
is mandated by Section 112.3143, Fla. Stat., Section 2-11.1(d) of the
Miami-Dade County Code as adopted by City Code Section 2-392(2),
or (as to Advisory Board members) as provided by City Code Section
2-393.
(e) Members of the City Commission or City Advisory Boards shall
disclose Gifts from Applicants, Representatives and Interested
Persons in the same manner as provided for the disclosure of
Business Relationships under Section 3(a)-(c) above.
(f)
If any member of the City Commission or City Advisory Board believes
that another member of the same body has willfully failed to make a
disclosure required under this Section, he/she may submit evidence
supporting the alleged failure to disclose to the City Manager who shall
place the item on the next available City Commission Agenda. The
allegation and supporting evidence shall be presented by the member
of the City Commission or City Advisory Board who raised the issue for
consideration by the City Commission. The member of the City
Commission or City Advisory Board against whom the allegation is
made may present evidence refuting the allegations. If four (4) or
more members of the City Commission determine that an accused City
Commissioner has willfully failed to make a required disclosure, the
accused City Commissioner shall be deemed to be censured. If four
(4) or more members of the City Commission determine that an
accused member of a City Advisory Board has willfully failed to make a
required disclosure, the accused Advisory Board Member shall be
removed from the Advisory Board.
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 invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
Ordinance No. 2001-10
Page 6
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. 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 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. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Cohen, who moved its
adoption on first reading. The motion was seconded by Commissioner Beskin and, upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Vice Mayor Cohen, who moved its
adoption on second reading. The motion was seconded by Commissioner Rogers-Libert,
and, upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
yes
yes
yes
yes
yes
yes
yes
PASSED AND ADOPTED on first reading this 7th day of August, 2001.
Ordinance No. 2001-t._~o
Page 7
PASSED AND ADOPTED on second reading this 4th day of September, 2001.
TERE~SJ~ M. SOROKA, ~MC / - '
ClTY~ERK L_jJ J
,,/JEPFREY M. PERLOW, MAYOR
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
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