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HomeMy WebLinkAboutOrdinance 2003-175 ORDINANCE NO. 2003:TI5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE 98-44 OF THE CITY OF SUNNY ISLES BEACH AND FURTHER AMENDING SECTION 2- 11.1(s) OF THE CODE OF ETHICS OF MIAMI-DADE COUNTY, TO REQUIRE DISCLOSURE OF FEES PAID TO LOBBYIST; DIRECTING THE CITY CLERK TO PUBLISH LOBBYIST REGISTRATION LOGS TO THE CITY COMMISSION PRIOR TO EVERY CITY COMMISSION MEETING; PROVIDING FOR THE MIAMI-DADE COMMISSION ON ETHICS AND PUBLIC TRUST TO HEAR APPEALS, AND CONDUCT INVESTIGATIONS; PROVIDING FOR PENALTIES FOR VIOLATION; PROVIDING FOR ALL CITY PERSONNEL TO ASCERTAIN WHETHER PERSONS REQUIRED TO REGISTER AS A LOBBYIST HA VE COMPLIED; PROVIDING FOR VALIDITY OF ACTION; PROVIDING FOR A REPEAL OF CONFLICTING PROVISIONS' PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, a charter amendment which requires the disclosure of fees paid to lobbyist was approved at a Special Election held on June 10,2003. WHEREAS, the charter amendment requires the City Commission to pass an ordinance mandating disclosure of fees paid to lobbyist; and WHEREAS, the City Commission wishes to amend its Code of Ethics to comply with the directives of the amendment, exempting attorneys in a Quasi-Judicial capacity; and WHEREAS, upon adoption of this Ordinance, the City Clerk shall provide a copy of this Ordinance to the Miami-Dade Commission on Ethics and Public Trust. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Definitions. Section 2-11.1(s) (1) is amended and restated as follows: As used in this section, "City personnel" means those City officers and employees specified ffi seotiofl. 2.11.1(i)(2) of the Dade CO\:1Rty Confliot of Interest and oode of Eth.ics Ol'wnaB.oe to include the Mayor and Cit y Commissioner, all City employees and City Board or City Committee members. " Lobbyist" means all persons, firms, or corporations employed or retained by a principal who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of City Board or 1 Committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City Board or Committee. "Lobbyist" specifically included the principal, as described above, as well as any agent, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, officer or employee. Section 3. Disclosure of Fees Section 2-11.1(s)(6) is amended to read as follows: Each lobbyist and his/her principal shall. before engaging in any lobbying activities in connection with any matter being considered by the City Commission. submit to the City Clerk a joint signed statement under oath disclosing the terms and amount of compensation (to be) paid by each principal to the lobbyist with regard to the specific issue on which the lobbyist has been engaged to lobby. If no compensation has or will be paid concerning the subiect lobby services. a statement shall nonetheless be filed reflecting as such. Any person who only appears as a representative of a nonprofit cor:poration or entity (such as a charitable organization. a neighborhood or home owner association. a local chamber of commerce or trade union). without special compensation for the appearance. whether direct or indirect. to express support of or opposition to any item. shall be exempt from this section's requirement of fee disclosure. The Clerk shall notify any lobbyist who fails to timely file the compensation disclosure or expenditures reports referenced in sections 2-11.1 (s )(2) and 2-11.1 (6) above of the imposition of a fine. In addition to any other penalties which may be imposed as provided in section 2-11.1(8) below. a fine of $20.00 per day shall be assessed by the City Clerk for reports filed after the due date. Any change to the information originally filed under section (s) shall require that the lobbyist file within three (3) business days from such changed circumstances. a signed statement under oath amending the above-referenced reports. Additionally. in the event official action on the specific lobbying issue is scheduled to occur during said three (3)-day period. the lobbyist and principal shall. prior to said official action. further disclose the amendment by publicly stating on the record. at which the official action is to occur. the subiect amendment. The lobbyist has a continuing duty to supply accurate information and amend said reports when so needed. Section 4. Direction to the City Clerk to Publish Information. Section 2-11.1 (s) (7) is hereby amended to read as follows: The City Clerk shall publish lobbyist registration logs to the City Commission prior to every City Commission Meeting OR a ql:larterly aRd OR aR aRflUal basis reflecting the lobbyist registrations which have been filed in accordance with this Of'{HRaRee sl:lbseetiofl (s). The Clerk shall poolish logs for the fOl:lrth ql:larter of fiscal year 1989 90 aRd the first ql:larter offiseal year 199091 as soon 2 as praetieable after the effeeti';e date of this OrdiR8.ftCe. All logs required by this ordinance shall be prepared in a manner substantially similar to the logs prepared for the Florida Legislature pursuant to Section 11.045, Florida Statutes. Section 5. Miami-Dade County Commission on Ethics and Public Trust to Hear Appeals Conduct Investigations. and Impose Penalties for violations. Section 2-11.1 (1)(s)(8) is hereby amended to read as follows: The City Clerk shall notify the Miami-Dade County Commission on Ethics and Public Trust of the failure of a lobbyist (or principal) to file either of the reports referenced above and/or pay the assessed fines after notification. A lobbyist (or principal) may appeal a fine and may request a hearing before the Miami-Dade Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15 calendar days of receipt of the notification of the failure to file the required disclosure form. The Miami-Dade Commission on Ethics and Public trust shall have the authority to waive the fine. in whole or in part. based on good cause shown. The Miami-Dade County Commission on Ethics and Public Trust Special Master as desigaea by the City MaRager of the City of Sl:lRR)' Isles Beaeh shall investigate any person engaged in lobbying activities who may be in violation of this Ordinance. In the event that a violation is found to have been committed the Miami-Dade County Commission on Ethics and Public Trust Speeial Master may in condition to the penalties set forth in subsection (u), prohibit such person from lobbying before the City Commission or any committee, board or personnel of the City as provided herein. Every lobbyist who is found to the in violation of this section shall be prohibited from registering as a lobbyist or lobbying in accordance with the following schedule: 1 st violation - for a period of 90 days from the dated of determination of violation; 2nd violation - for a period of one (1) year from the date of determination of violation; 3rd violation - for a period of five (5) years from the date of determination of violation; As used herein, a "a direct violation" shall mean a violation committed by a lobbyist representing said bidder or proposer. A contract entered into a violation of this section shall also render the contract voidable the City Manager shall include the provisions of this subsection in all City bid documents, RFP, RFO, CBO and CDBG applications; provided, however, the failure to do so shall not render any contract entered into as the result of such failure illegal per se. 3 Section 6, All City Personnel to Ascertain Whether Persons Required to Register as a Lobbyist Have Complied. Section 2-11.1 (s)(9) is herein restated below: All members of the City Commission and all City personnel shall be diligent to ascertain whether persons required to register pursuant to this subsection have complied. Commissioners or City personnel may not knowingly permit a person who is not registered pursuant to this subsection to lobby the Commissioner, or the relevant committee, board or city personnel. Section7. Validity of Action. Section 2-11.1 (s)(10) is herein restated below: The validity of any action or determination of the City Commission or City personnel, Board or committee shall not be affected by the failure of any person to comply with the provisions of this subsection (s). Section 8. Repeal of Conflicting Provisions, Any provisions of Ordinance No. 98-44 of the City of Sunny Isles Beach in conflict with the provisions of this Ordinance is hereby repealed. Section 9. Severability. If any section, subsection, clause or provIsIon of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 10. Effective Date. This Ordinance is effective ten (10) days after its adoption on second reading. PASSED and ADOPTED on first reading the 19th day of June, 2003 PASSED and ADOPTED on second reading this 17th day of J 4 ATTEST: t ,,~'A~.~ Jane A. Hines Acting, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: E n M. Dannheisser, City Attorney VOTE: 5-0 Mayor David Samson Vice Mayor Norman S. Ede1cup Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner Lila Kauffman Moved by: Com\'Y\\S~\O/l)E..Q. C;()ot-..YY\M Second by: if, c.~ ~() 'Y E.. DtLGU f> (yes) ~ (yes) V (yes) V (yes) V (yes) V 5 (no)_ (no)_ (no)_ (no)_ (no)_