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Ordinance 2010-349
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Ordinance 2010-349
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Last modified
9/30/2010 12:24:12 PM
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9/30/2010 12:23:29 PM
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CityClerk-Ordinances
Ordinance Number
2010-349
Date (mm/dd/yyyy)
09/10/2010
Description
Amd Chap. 33, Post Employment Restrictions under the City’s Ethics Code
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<br />."'T'''ljI <br />. '" <br /> <br />Rationale: The purpose behind the Two Year Rule is to guard against former <br />officials or employees from using their influence to receive special or favorable <br />treatment from their former public employers. The goal should be that all parties <br />operate on a level playing field. Those recently separated from government are <br />presumed to have an advantage over others if they are allowed to lobby their <br />former colleagues immediately after they leave government service. This <br />recommendation expands the reach of the Two Year Rule to include lobbying <br />before one's community council and lobbying on behalf of other entities that are <br />seeking a benefit/contract. The government grant process is a competitive one, <br />and many deserving charitable organization compete for limited resources. The <br />commitment to fund a particular agency should not be based on the ability of a <br />former employee to utilize his/her contacts or connections within the public <br />agency to secure benefits for the new employer. <br /> <br />8. Lobbvin2 <br />Section 2-11.1(s) <br /> <br />Recommendation: Lobbyists and their principals shall submit to the Clerk a <br />joint affidavit signed by the lobbyist and the principal disclosing the terms <br />and amount of compensation to be paid by each principal to the lobbyist for <br />such lobbying activities. <br /> <br />The lobbyist, the lobbyist's firm, employer, or former employer shall be <br />jointly and severally liable if a lobbyist incurs a fine for failing to timely file <br />an expenditure report. <br /> <br />Failure by local government officials, officers and employees to make diligent <br />inquiry to insure that person lobbying is properly registered shall constitute <br />a violation and subject that person to a fine. <br /> <br />Rationale: The county ethics ordinance specifically outlaws success fees and <br />contingency fees, arrangements which may introduce an element of corruption <br />into the system. The Ethics Commission has no practical method for reviewing <br />the arrangements between lobbyists and principals without disclosures by the <br />parties to the transaction. To enable the Ethics Commission to assure the public <br />that lobbyists are not being paid success fees or contingency fees, the retainer <br />agreement should be provided at the time of registration. <br /> <br />Lobbyists are required by the ethics ordinance to file an expenditure report in <br />connection with any expenses associated with their lobbying activities. When <br />lobbyists fail to timely file, they often claim they never received notice from the <br />Clerk and blame the principal or their former employer for not forwarding the <br />notices from the Clerk's Office. In order to rectify this situation, the firm, <br />employer or former employer of the lobbyist ought to be responsible for paying <br />the fines incurred when the lobbyist is not at fault. <br /> <br />11 <br />
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