97-23 ORDINANCE NO.97-23
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
ESTABLISHING A CODE OF ETHICS; PROVIDING A
PENALTY; PROVIDING FOR SEVERABIUTY, INCLUSION
IN THE CODE, AND AN EFFECTIVE DATE.
WHEREAS, the State of Florida and Metropolitan Dade County have recognized the
need to establish standards of ethical conduct for their public officers and employees by
adopting a "Code of Ethics" applicable to the public officers and employees of the State, the
County and municipalities, including the City of Aventura; and
WHEREAS, the City Council finds it in the public interest to establish standards of
ethical conduct for its public officers and employees by adopting a City "Code of Ethics" in
order to protect the integrity of every level of government and to insure that government will
be respected and trusted by the people.
'NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Le.qislative Intent.
(1) It is essential to the proper conduct and operation of government that
public officials be independent and impartial and that public office not be used for
private gain other than the remuneration provided by law. The public interest,
therefore, requires that the law protect against any conflict of interest and establish
standards for the conduct of elected officials and government employees in
situations where conflicts may exist.
(2) It is the policy of the City of Aventura that no officer or employee of the
City, shall have any interest, financial or otherwise, direct or indirect; engage in any
business transaction or professional activity; or incur any obligation of any nature
which is in substantial conflict with the proper discharge of his or her duties in the
public interest. To implement this policy and strengthen the faith and confidence of
the City's residents in their government, the City of Aventura will enact a Code of
Ethics setting forth standards of conduct required of the City's public officers and
employees, in the performance of their official duties. It is the intent of the City that
Ordinance No. 97°23
Page 2
this code shall serve as a guide for the official conduct of the public officers and
employees of the City.
Section 2. Code of Ethics.
The conduct of the public officers and employees of the City of Aventura shall
be governed by the Code of Ethics of the City of Aventura which shall include:
(1) The State of Florida "Code of Ethics for Public Officers and
Employees", codified in Chapter 112, Florida Statutes, as may be amended from
time to time, and
(2) The "Dade County Conflict of Interest And Code of Ethics Ordinance",
codified at Section 2-11.1 et. seq., Dade County Code, as may be amended from
time to time, and
(3) Any provisions that the City Council may adopt from time to time in
addition to those set forth in subsections (1) and (2) above.
Section 3. Additional Conflict of Interest Restriction Concerning Advisory Board
Members.
(1) No member of any City Advisory Board shall vote on or participate in
any way in any matter presented to the Board if said person is an officer, board
member, or director of an organization which would be or might be indirectly or
directly affected by any action of the Board or, if in any instance, the matter would
affect the member in a manner distinct from the manner in which it would affect the
public generally.
(2) Any Board Member who has any of the above relationships or who
would or might, directly or indirectly, profit or be enhanced by the action of the Board
shall absent himself or herself from the Board meeting during the discussion of the
subject item and shall not vote on or participate in any way in said matter.
(3) Whenever any Board member is in doubt as to the interpretation or
application of this section to his~her particular situation, the Board member may
submit to the City Attomey a written request for an opinion. The City Attorney shall
review the facts of the particular matter and shall provide an opinion to the Board
Member.
(4) For purposes of this Section, the term "Advisory Board" shall refer to
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the members of those City Advisory Boards whose primary responsibility is to
provide recommendations or advice to the City Council.
(5) For purposes of this Section, the term "organization" means a
corporation for profit or not-for-profit, and includes a political committee or committee
of continuous existence as defined in Chapter 106, F.S.
Section 4. Penalty. The Ethics Commission created pursuant to Dade
County Ordinance 97-105 shall have primary jurisdiction for enforcement of this Ordinance.
A finding by the Ethics Commission that a person has violated this Ordinance shall subject
said person to an admonition or public reprimand and/or a fine of two hundred fifty dollars
($250.00) for the first such violation and five hundred dollars ($500.00) for each
subsequent violation.
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 they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 6. Inclusion in the Code. It is the intention of the City Council, 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.
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Section 7. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember Beskin, who moved its
adoption on first reading· The motion was seconded by Councilmember Cohen, and upon
being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Patricia Rogers-Libert yes
Vice-Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder absent
The foregoing Ordinance was offered by Councilmember Rogers-Libert, who moved
its adoption on second reading. The motion was seconded by Councilmember Berger, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Patricia Rogers-Libert yes
Vice-Mayor Jeffrey M. Pedow yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading th~s 5 day of August, 1997·
PASSED AND ADOPTED on second reading this ~6th d~y of September, 1997·
A~THUR I. SNyDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
Ordinance No. 97-23
Page 5
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY A'I-I'O RN EY