20160608 SM1MIAMI BEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 1
City Hall, Commission Chambers, 3'd Floor,lTOO Convention Center Drive
June 8, 2016
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Com m issioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrsff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Glerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the Gity Code sections on lobbyists Iaws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
R5 - Ordinances
RsJ An Ordinance Amending Miami Beach City Code Chapter2, Article Vll, Division 5, Entitled "Campaign
Finance Reform," By Adding Thereto Section 2-491 Entitled "Prohibited Lobbying By Campaign
Consultants," Prohibiting Campaign Consultants And Certain Affiliated Persons Or Entities From
Lobbying City Commission For 12 Months Subsequent To Swearing ln Of Subject Elected Official(s),
Establishing Definitions, And Limited Exemption; Providing For Repealer, Severability, Codification,
And An Effective Date. First Readinq
(Sponsored by Commissioner Kristen Rosen Gonzalez)
(Legislative Tracking: Office of the City Attorney)
(Deferred from April 27 ,2016 - RsB)
(Memorandum & Ordinance)
RsJ1 An Ordinance Amending Miami Beach City Code Chapter2, Article Vll, Division 3 Entitled "Lobbyists",
Section 2-a82@)$) Thereof, By Requiring A Lobbyist Who Has Within The Past Election Cycle
Provided Campaign Consulting Services To An lncumbent Member Of The City Commission To
Disclose Such Particular Service On His/Her Lobbyist Registration Form, Providing Definitions,
Providing For Repealer, Severability, Codification, And An Effective Date.
(Sponsored by Commissioner Kristen Rosen Gonzalez)
(Legislative Tracking: Office of the City Attorney)
(Memorandum & Ordinance)
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/V\IAMIBEACH
City of Miomi Beoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33,)39, www.miomibeochfl.gov
OFFICE OF THE CITY ATTORNEY
RAUI J. AGUILA, CITY AITORNEY
TO:
FROM:
COMMISS]ON MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
RAULJ.AGUT*frt.[^-T*|
CITY ATTORNEY
DATE: Apri! 27,2016
suBJEcr: INCREASING STRINGENGY oF ctrY oF MTAMI BEACH ETHtcs
LAWS BY AMENDING CITY CODE CHAPTER 2, ARTTCLE VII..STANDARDS OF CONDUCT", DIVISION 5, ENTITLED..CAMPAIGN FINANCE REFORM," BY ADDING THERETO
SECTION 2491, ENTITLED "PROHIBITED LOBBYING BY
CAMPAIGN CONSULTANTS,'' PROHIBITING CAMPAIGN
CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR
ENTITIES FROM LOBBYING CITY COMMISSION FOR 12
MONTHS SUBSEQUENT TO SWEARING IN OF SUBJECT
ELECTED OFFICTAL(S), ESTABLTSHTNG DEF!N!T!ONS, ANDLIMITED EXEMPTION; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Kristen Rosen Gonzalez, the attached
Ordinance is being submitted for the purpose of amending the City's Campaign Finance
laws to include provisions prohibiting campaign consultants from lobbying the City
Commission. This amendment to the City's ethics taws serves to augment- the City's
intent of good government, and will once more place the City of Miami Beach at the
forefront of local ethics legislation.
The proposed Ordinance was previously considered by the City Commission on January
13, 2016, but did not pass on second reading. As the three (3) month period has passed,
as required in Section 2-12(d)(5) of the City Code for the consideration of an ordinance
that previously failed for lack of the requisite vote for adoption, this Ordinance may be
considered by the City Commission at this time.
RJA:DT/mmm
F:\ATTo!AGUR\REsos-oRD\2016\Rosen-Gonzalez\Memo and ord campaign consutiant 4-27-.t6.doc
Agenda ltem Rf X
oate E)EIF3
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 2, ARTICLE VII, DIVISION 5, ENTITLED..CAMPAIGN FINANCE REFORM,'' BY ADDING THERETO
SECTION 2.491 ENTITLED "PROHIBITED LOBBYING BY
CAMPAIGN CONSULTANTS,'' PROHIBITING CAMPAIGN
CONSULTANTS AND CERTAIN AFFILIATED PERSONS
OR ENTITIES FROM LOBBYING CITY COMMISSION FOR
12 MONTHS SUBSEQUENT TO SWEARING IN OF
SUBJECT ELECTED OFFtC!AL(S), ESTABLTSHTNG
DEFINITIONS, AND LIMITED EXEMPTION; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, corruption and the appearance of corruption in the form of campaign
consultants exploiting their influence with City elected officials on behalf of private
interests may erode public confidence in the fairness and impartiality of City
governmental decisions; and
WHEREAS, the City of Miami Beach has a paramount interest in preventing
corruption or the appearance of corruption which could result in such erosion of public
confidence; and
WHEREAS, prohibitions on campaign consultants lobbying former
clients/members of the City Commission will protect public confidence in the electoral
and governmental processes. lt is thus the purpose and intent of the people of the City
of Miami Beach in enacting this Ordinance to prohibit campaign consultants from
exploiting or appearing to exploit their influence with City elected officials on behalf of
private interests.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2, Article Vll, Division 5, entitled
"Campaign Finance Reform," is hereby amended by adding the following City Code
section 2-491 entitled "Prohibited Lobbying by Campaign Consultants" to read as
follows:
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Sec.2491. Prohibited Lobbvinq bv Campaiqn Consultants.
A Prohibition.
No campaiqn consultant shall lobby the Citv Commission for a period of 12
months following the swearinq in of anv elected official(s) for whom the campaion
consultant grovided campaiqn consultinq services within the past election cycle.
B. Definitions.
(a) "Campaiqn consultant" means any person or entitv that receives or is
promised economic consideration in exchange for campaiqn consultinq services
to a candidate for elected office in the Citv of Miami Beach.
(1) "Campaiqn consultant" shall include anv individual who has an
ownership interest of 10% or greater in the campaiqn consultant. and
anv emplovee of the campaiqn consultant. except as otherwise
excepted below.
(2) "Campaion consultant" shall not include:
i) any vendor for a campaiqn whose primarv responsibility is to
supplv qoods or services for a campaign.
ii) anf emplovee of a campaion consultant whose sole duties are
primarily clerical: or
iii) anv employee of a campaiqn consultant who did not personallv
provide campaign consultinq services.
(b) "Campaign consultinq services" means primary responsibility for campaion
manaqement or campaiqn strateqy.
(c) "Campaign manaqement" means conductinq, coordinatinq or supervising a
campaion to elect a candidate.
(d) "Campaiqn strategv" means formulation of plans for the election of a
candidate.
(e) "Candidate" shall have the meaninq ascribed to such term in Florida
Statutes, section 97.021(5), as amended and supplemented.
(fl "Economic consideration" means any payments, fees, commissions. oifts, or
anvthinq else of value received directlv or indirectly as consideration for
campaiqn consulting services. The term "economic consideration" does not
include reimbursements for out of pocket expenses.
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(q) "Past election cvcle" means the subiect immediatelv precedinq City of Miami
Beach General Election/Special Election held for the purpose of electinq a
member of the Citv Commission.
(h) "Lobby" for purposes of this Code Section shall mean the act of seekino to
encouraqe the passaqe. defeat or modification of anv ordinance. resolution.
action or decision of any member of the Citv Commission.
C. Limited Exemption.
A campaign consultant who has within the past election cvcle provided
campaiqn consultinq services to an incumbent member of the CiW Commission. and
has entered into a lobbyinq contract prior to the effective date of the ordinance creatinq
this code section, the term of which lobbyinq contract includes the subiect proscribed 12
month period established in Subsection A above, is exempt from the proscription herein
with limited reqard to that subject lobbyinq contract.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid
or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami 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 Miami Beach, Florida. The sections of this
ordinance may be renumbered or re-lettered to accomplish such intention, and the word
"ordinance" may be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days after its adoption.
PASSED and ADOPTED this _ day of
ATTEST:
2016.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Kristin Rosen Gonzalez)
F:\ATTo\AGUR\RESOS-ORDU016\Rosen-Gonzalez\Memo and Ord Campaign Consultant 4-27-16.doc
. APPROVED AS TO
FORM & LANGUAGE
& FOR EXECI'TION
Ma(t\t,\-/ _
Clty Attorney Dote
6
COMMISSlON
MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FRoM: RAUL J. AGIEER.Q- 0s,r f--
(9 MTAAATBEACH
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY
TO:
CITY ATTORNEY
DATE: JUNE 8,2016
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2,
ARTICLE VrI, DMSION 3 ENTITLED (LOBBYISTS', SECTION 2-aS2@)() THEREOF, By
REQUIRING A LOBBYIST WHO WHO HAS WITHIN THE PAST ELECTION CYCLE
PROVIDED CAMPAIGN CONSULTING SERVICES TO AN INCUMBENT MEMBER OF THE
CITY COMMISSION TO DISCLOSE SUCH PARTICULAR SERVICE ON HIS/HER LOBBYIST
REGISTRATION FORM, PROVIDING DEFINITIONS, PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Kristen Rosen Gonzalez, the attached ordinance has been drafted
for the purpose of amending the City's ethics code to require lobbyists who have within the past election
cycle provided campaign consulting services to an incumbent member of the City Commission to disclose
such particular service on hisftrer lobbyist registration form. Although existing City Code section 2-
482(4) requires lobbyists to disclose in their registration "...the general nature..." of contractual
relationships held with City personnel to be lobbied, this proposed measure will ensure greater
transparency by requiring lobbyists to additionally provide specific disclosure of their contractual
provision of campaign consulting services to incumbent members of the City Commission.
Inasmuch as the United States Supreme Court has acknowledged that: "The activities of lobbyists who
have direct access to elected representatives, if undisclosed, may well present the appearance of
comrption",l it is believed that this legislation supports the City's governmintal interest in serving to
enhance public confidence in the electoral and municipal processes of the City of Miami Beach.
I See Mclntyre v. Ohio Elections Comm'n,514 U.S. 334,356 n.20,115 S.Ct. 1511, 1523 n.20 (1995).
We ore commilted to providing excellenf public service ond sofef,T lo oll v"ho live work ond ploy in our vibront tapicol, histo,i- O t
Aqenda 11", r'-5 5 I
Date -U'lb7
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 2, ARTICLE VII, DIVISION 3 ENTITLED
"LOBBYrSTS", SECTION 2-a82@)@) THEREOF, By
REQUIRING A LOBBYIST WHO WHO HAS WITHIN THE
PAST ELECTION CYCLE PROYIDED CAMPAIGN
CONSULTING SERVICES TO AN INCUMBENT MEMBER
OF THE CITY COMMISSION TO DISCLOSE SUCH
PARTICULAR SERVICE ON HIS/HER LOBBYIST
REGISTRATION FORM, PROVIDING DEFINITIONS,
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION l. That Miami Beach City Code Chapter 2, Article VII, Division 3 entitled
"Lobbyists", section 2-482 (aX4) thereof, is hereby amended to read as follows:
Sec. 2-482. - Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk.
Every person required to register shall register on forms prepared by the clerk, pay a registration
fee of $350.00, as specified in appendix A and state under oath:
(4) The commissioner or personnel sought to be lobbied, and whether the lobbyist has entered
into any contractual relationship (paid or unpaid) with said city commissioner or personnel from
l2 months preceding such person's commencement of service with the city to the present date,
stating the general nature of the subject contractual relationship.
i) A lobbyist who who has within the past election cycle provided campaign consulting
services to an incumbent member of the City Commission shall disclose such particular service
on hisiher lobbyist registration form.
We ore cammifled lo providing excellent public service ond sofetty lo all who live work ond ploy tn our vibronl troprcol, historic communily
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ii) For pumoses of subsection (i) above. the following definitions shall apply:
o "Past election cycle" means the immediately precedine City of Miami Beach
Election held for the purpose of electing a member of the City Commission.
o "Campaign consulting services" means primary responsibility for campaign
management or campaign strategy.
o "Campaign management" means conducting. coordinating or supervising a
campaign to elect a candidate.
o "Campaign strategy" means formulation of plans for the election of a candidate.
o "Candidate" shall have the meaning ascribed to such term in Florida Statutes.
section 97.021(5). as amended and supplemented.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made apart of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the
PASSED and ADOPTED this
ATTEST:
day of 2016.
day of ,2016.
Philip Levine
Mayor
Rafael E. Granado
City Clerk
(Sponsored by Commissioner Kristen Rosen Gonzalez.)
APPROVED AS TO
FORM & LANGUAGE
&FOR E)(ECUTION
e&e!.
City Attomey
We ore commrtled to providing excellenl public service ond sofety to oll who live work ond ploy in our vtbronl. lropicol, hist'oric communtty
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