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HomeMy WebLinkAboutOrdinance 2004-195 ORDINANCE NO. 2004--19.5 AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCES 98-44, 2002-149 AND 2003-175, OF THE CITY OF SUNNY ISLES BEACH, AND AMENDING SECTION 2-11.1 OF THE CODE OF ETHICS OF MIAMI- DADE COUNTY, TO REQUIRE ALL LOBBYISTS, AS DEFINED BY THE CODE OF MIAMI-DADE COUNTY, TO REGISTER WITH THE CITY CLERK PRIOR TO LOBBYING ANY CITY OFFICIALS, WHICH DEFINITION IS AMENDED TO INCLUDE, BUT NOT BE LIMITED TO, CITY COMMISSIONERS, CITY EMPLOYEES, CITY BOARD OR COMMITTEE MEMBERS; REQUIRING DISCLOSURE IN WRITING OF ALL PERSONS OR ENTITIES THE LOBBYIST IS REPRESENTING INCLUDING A REPRESENTATION BY SAID PERSON, PRINCIPAL OR ENTITY, STATING THE LOBBYIST IS AUTHORIZED TO REPRESENT SAID PRINCIPAL, AS WELL AS THE TERMS AND AMOUNTS OF COMPENSATION OR CONSIDERATION FOR SUCH LOBBYING ACTIVITY(IES); PROVIDING FOR DISCLOSURE IN WRITING OF ALL GOVERNMENT OFFICIALS DIRECTLY OR INDIRECTLY CONTACTED BY SUCH LOBBYIST, ANY EXPENDITURES INVOLVED IN SUCH CONTACT, ANY FUNDRAISING OR CAMPAIGN CONTRIBUTIONS MADE DIRECTLY OR INDIRECTLY BY THE LOBBYIST TO ANY GOVERNMENT OFFICIAL; DIRECTING THE CITY CLERK TO DISSEMINATE TO THE CITY COMMISSION, PRIOR TO EACH AND EVERY PUBLIC HEARING ON THE EVENT OR MATTER FOR WHICH SUCH LOBBIST MAY APPEAR, ALL DISCLOSURES REQUIRED BY STATE, COUNTY AND CITY OF SUNNY ISLES BEACH LAWS; PROVIDING FOR PENALTIES FOR VIOLATION; PROVIDING FOR A REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section 2-11.1 of the Code of Miami-Dade County on conflict of interest in Code of Ethics laws is applicable by Section 8.3 of the City of Sunny Isles Beach Charter and the Home Rule Charter of Dade County; and WHEREAS, the City of Sunny Isles Beach wishes to strengthen and make more stringent the provisions of Section 2-11.1(s) thereof, to require, among other things, the definition of lobbyists include employees, there be disclosure of compensation, permission of the principal represented for the lobbyist to represent him or her, as well as other provisions; WHEREAS, the City has the right and ability to make more stringent that Code of Ethics Ordinance; 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 COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: LobbyiSI Ordinance (f) Legisla lion/Ordinances LMD:ch 1 Section 1. Definition of City Officials. Section 2-11.1(s)(a) is amended to include City Commissioners, City Employees, City Board Members and City Committee members. Section 2. Written Disclosure of Principal Represented. Terms of Compensation and Authorization by Principal. a) Prior to conducting any lobbying, all lobbyists must file a form with the City Clerk for each client and/or topic being lobbied, together with any registration fee and application required hereunder. Such application shall be revised to include a requirement that the lobbyist state, under oath, his or her name, business address, the name and business address of each person or entity by which s/he has been employed to lobby on this specific issue on which s/he has been employed to lobby, as well as a letter of permission signed by the person, entity, principal or the principal's representative, stating that the lobbyist is authorized to represent him/her/it, together with a disclosure of the terms and amount of compensation paid by each principal to the lobbyist. Each lobbyist and his/her principal shall attach a copy of a fee letter and specify whether any bonuses, success fees, or other consideration shall be received for such lobbying activities. In the alternative. such lobbyist shall submit to the Clerk a ioint affidavit. signed by the lobbyist and his/her principal. 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. b) The City Clerk shall reject any registration statement that does not provide a description of the specific issue on which such lobbyist has been employed to lobby. c) Biennial registration of all lobbyists shall be required prior to October 1 of every even- numbered year and each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. d) Any change to information originally filed shall require that the lobbyist (and principal under subsection 2(a) above) 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 subject amendment. The lobbyist and principal have a continuing duty to supply accurate information and amend said reports when so needed. Section 3. Reporting Requirements and Creation of a Log. In connection with the disclosure provided herein: (a) On July 1 of each year, lobbyists subject to lobbyist registration requirements shall submit to the City Clerk a signed statement under oath, as provided herein, listing all lobbying expenditures in the City for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. The statement shall list in detail each expenditure by category, including food and beverage, entertainment, research, communication, media advertising, publications, travel, lodging and special events. Lobbyist Ordinance (f) Legislalion/Ordinances LMD:ch 2 (b) A log shall be established at the reception desk. All lobbyists shall sign in when entering the City Hall, shall indicate which Commissioners or staff s/he is visiting, indicate the time of entry and exit. Section 4. Lobbyist's Contingency Fees. No person or entity may, in whole or in part, pay, give or agree to payor give a contingency fee to a lobbyist. No lobbyist may, in whole or in part, receive or agree to receive a contingency fee. As used herein, "contingency fee" means a fee, bonus, commission, or non-monetary benefit as compensation which is dependent on or in any way contingent on the passage, defeat, or modification of: (1) an ordinance, resolution, action or decision of the City Commission; (2) any action, decision or recommendation of any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process regarding such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. Section 5. Direction to the City Clerk to Disseminate Information. (a) The Clerk shall disseminate to the City Commission, prior to any public hearing, any disclosures on the event or matter for which the lobbyist may appear, as required by the State or County law and the Clerk shall orally report that information prior to the matter being heard. (b) Upon adoption of this Ordinance, the City Clerk shall provide a copy of the ordinance to the Miami-Dade Commission on Ethics and Public Trust. Section 6. Penalties for Violation. (a) The Ethics Commission of Miami-Dade County 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 Ethics Commission may, in addition to the penalties set forth in subsection (u) of the County ordinance, 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 be in violation of this Section shall be prohibited from registering as a lobbyist or lobbying in accordance with the following schedule: 1. First (1 Sl) Violation for a period of90 days from the date of determination of violation. 2. Second (2nd) Violation for a period of one (1) year from the date of determination of violation. 3. Third (3rd) Violation for a period of five (5) years from the date of determination of the violation. (b) Any violation of this Ordinance shall result in the issue being lobbied voidable. LobbyiSI Ordinance (f) Legislalion/Ordinances LMD:ch 3 Section 7. Repeal of Conflicting Proyisions. Any provision of Ordinance Nos. 98-44 and 2002-149, of the City of Sunny Isles Beach in conflict with the provisions of this Ordinance is hereby repealed. Section 8. 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 9. Codification. It is the intention of the Mayor and City Commission of the City of Sunny Isles Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Sunny Isles Beach, Florida. The sections of this ordinance may be renumbered or re-Iettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. Section 1 O. Effective Date. This Ordinance shall take effect ten (10) days after adoption at second reading. PASSED and ADOPTED on First Reading the ~ay of _f=i aaMM'1, 2004. PASSED and ADOPTED on Second Reading this ~ay of A~A. \ L. , 2004. ATTEST: J"' . o ~~ ~ ~~ "Jane :1\.. Hides, City Clerk APPROVED AS TO FORM AN LEGAL SUFFICIENCY Moved by: ,,\ c..e. (i\ Nrlo~ C~hM AAJ Second by: COMM\ S~\O~f.tt ~L..€R. Lobbyisl Ordinance (f) Legislalion/Ordinances LMD:ch 4 VOTE AS FOLLOWS: 5-0 l0 yes <M yes L0 yes CB~es ~yes Mayor Ede1cup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler Lobbyist Ordinance (f) Legislalion/Ordinances LMD:ch <-> no <-> no <-> no <-> no <-> no 5