Ordinance 2022-585 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. 2022 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REPEALING SECTION 33-5, ENTITLED "CONE OF SILENCE OPT -OUT" OF THE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES; REPEALING ORDINANCE NO. 2002-148; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR NOTICE TO MIAMI-DADE COUNTY COMMISSION ON ETHICS; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1998, via Ordinance No. 89-106, Miami -Dade County ("County") Commission amended the County Conflict of Interest and Code of Ethics Ordinance, which is codified in section 2-11.1 of the County Code, to establish a "Cone of Silence"; and WHEREAS, the purpose of the Cone of Silence is to provide protection from outside interference in the procurement processes by restricting communications between vendors, service providers, bidders, lobbyists, consultants, the Mayor, professional staff and the Commissioners or their respective staffs from the time a solicitation is advertised, until such time as the City Manager makes a recommendation for the approval of a solicitation award; and WHEREAS, the Cone of Silence Ordinance further provides that if the City Commission defers the matter to a future date, the Cone of Silence shall be re -imposed until such time as the matter is brought back before the City Commission for further deliberation, and in the event the City Commission decides to reject all bids, then the Cone of Silence shall be lifted; and WHEREAS, in 1999 via Ordinance No. 99-82, the City of Sunny Isles Beach ("City") formally adopted its own ethics code, which included a version of the Cone of Silence Ordinance which mirrored the language in the County' s ordinance; however, when the County subsequently amended its Code to allow municipalities the ability to "opt out" of the County's Cone of Silence requirements, the City did so by adopting Ordinance No. 2002-148; and WHEREAS, the City recently learned that it is the only municipality in the County that is either not governed by the County Cone of Silence, or has not adopted its own Cone of Silence; and WHEREAS, the City Commission believes that being governed by the County Cone of Silence will preserve the integrity of the City's procurement process, and is consistent with the City's goals of raising the standard of ethics for all of those who work within the City and for those individuals and entities that seek to do business with the City; and WHEREAS, in the interest of transparency, good governance, increasing the public trust, and increasing the City's standards of ethics, the City Commission believes it is in the best interest of the City to repeal Section 33-5 of the City's Code of Ordinances, as well as repeal Ordinance No. 2002-148. 02022-585 Cone of Silence Opt Out Page 1 of 3