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
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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
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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.
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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
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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) ~
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