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File Ref. #046 o t.( (,. iYt f\.fl-- M CITY OF MIAMI BEACH RECEIVED 98 JAM -9 M1 9: 49 r!TV C'L:::RK'S OFfiCE 'JI ~ \ l... DATE: JANUARY 2, 1998 TO: MAYOR NEISEN KASDIN MEMBERS OF THE CITY COMMISSION CITY MANAGER SERGIO RODRIGUEZ ALL DEPARTMENT HEADS ALL DIVISION HEADS MURRAY H. DUBBIN AA / ~ CITY ATTORNEY IVVf. FROM: SUBJECT: CITY OF MIAMI BEACH ORDINANCE NO. 92-2785 -- LOBBYIST REGISTRATION REQUIREMENTS The City's Lobbyist Ordinance (copy attached hereto) requires that all lobbyists register with the City Clerk before engaging in any lobbying activities. Generally speaking, the term "lobbyist" includes all persons, firms, or corporations, whether paid or not, representing a principal who seeks to encourage the passage, defeat, or modification of any action to be taken by a City Commissioner, City Board or Committee member, or action of specified personnel (as defined within the Ordinance). The registration covers lobbyists activities during the time period of the entire decision- making process on such action, decision or recommendation of affected personnel which foreseeably will be heard or reviewed by the City Commission or a City Board or Committee. Lobbyists have a continuing duty to supply information and amend the forms filed throughout the period for which lobbying occurs. Under the Ordinance, the following types of lobbyists are exempt from the registration requirement: Any person who only appears as a representative of a not-for-profit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local Chamber of Commerce or a trade association or trade union) without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item. Any public officer, employee or appointee or any person or entity in contractual privity with the City who only appears in his or her official capacity. Any person who only appears in his or her individual capacity at a public hearing during a City Commission, Planning Board, Board of Adjustment or other Board or Committee and has no other communication with effected personnel defmed in the Ordinance, for the purpose of self- representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item. These speakers shaH, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any City Board or Commission (including Code Enforcement Board or Nuisance Abatement Board or Special Master Hearing or other Administrative Hearing before City Personnel) shall not be required to register (this exemption includes agent, attorney, officer or employee of such person) . OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH. FLORIDA 33139 l City of Miami Beach Ordinance No. 92-2785 -- Lobbyist Registration Requirements January 2, 1998 Page 2 Section 6 of the subject Ordinance further requires that sign-in logs be maintained by all City departments: In addition to the registration requirements addressed above, all City departments including the Offices of the Mayor and City Commission, the Office of the City Manager and the Offices of the City Attorney shall maintain signed "Sign-In" logs for all non-City employees or personnel for registration when they meet with any personnel as defined in Section 1 above. Finally, Section 7 of the Lobbyist Ordinance states that: All members of the City Commission, and all City personnel defmed herein shall be diligent to ascertain whether persons required to register pursuant to this subsection have complied. Commissioners or City personnel may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this subsection to lobby the Commissioner or the relevant committee, board or City personnel. Accordingly, reports of violations of the City's Lobbyist Ordinance may be presented by affected City personnel to the City Attorney for investigation and subsequent report to the City Commission. Any questions pertaining to the registration requirements of lobbyists may be directed to the City Attorney. JKO:sctjean"A "\Iobbyreg.mem OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139 ORDINANCE NO. 92-2785 AN ORDINANCE OF THE KAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING ORDINANCB NO. 92-2777 WHICH ESTABLISHED LOBBYIST REGISTRATION STANDARDS FOR THE CITY OF MIAMI BEACH, BY EXEMPTING rROM THB REQUJREMENTS OF REGISTRATION ALL NOT-FOR PRorIT AND CBRTAIN OTHER RBPRBSENTATIVES, BXEMPTIHG PRINCIPALS AND THEIR ATTORNBYS, AGBNTS, BMPLOYBBS AND ALL OTHBRS RETAINED IN CONNECTION WITH PROCEEDINGS CONCERNING CODB VIOLATIONS OR OTHER "QUASI-CRIMINAL" HBARINGS, PROVIDING J'OR INCREASED REGISTRATION FEBS,.PROVIDING.FOR'REPBALBR, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVB DATE. WHEREAS, on March 4, 1992, the city of Miami Beach adopted a lobbying registration ordinance which requires lObbyists, as detined therein, to register and pay a registration tee for such activity; and WHEREAS, there are certain proceedings, such as Code Enforcement, Special Master, Unsafe Structures Board and Administrative hearings which compel an individual's attendance and as such, require individuals .to come within the prescriptions of the registration ordinance; and .11- WHEREAS, in addition to experience showing that certain exemptions should be made regarding registration, the City Clerk has determined that the fees currently assessed cannot pay for all administrative time expended to ensure compliance with this law. NOW, THERBFORB, DB IT ORDAINED BY TUB CITY COMMISSION OF THE CITY OF MIAMI BEACH, PLORIDAI SBCTION 1. That the following definitional section of Ordinance . 92-2777 is amended as follows: (a) The term "commissioners" shall refer to the Mayor and members ot the City Commission. (b) The term "autonomous personnel" shall include but not be limited to the members ot the Housing Authority, Personnel Board, Pension Boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to- day policy setting, operation and management of certain defined functions or areas of responsibility. ., (c) The term "quasi-judicial personnel It shall refer to th~ members of the planning Board, the Board of Adjustment and such other boards and agencies of the city that perform such quasi- judicial functions. The Code Enforcement Board. Nuisance Abatement Board. Special Master Hearings and Administrative Hearings shall i not be included for purposes of this Ordinance. (d) The term Itadvisory personnel" shall refer to the members of those city boards and agencies whose sole. or primary . '. ,"'~ ~ .. responsibility is to recommend legislation or give advice to the , , City commissioners. , '. 0, . .,. (e) The term "departmental personna'l" shali rafarto the City Manager, all Assistant City Managers, all department heads, the City Attorney, Chief Deputy city Attorney and all Assistant City Attorneys, provided however. that all departmental personnel when actinq in connection with Administrative Hearings shall not be included for purposes of this Ordinance. SBCTION 2. The term "lobbyist.. means all persons, f-irms, or corporations employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat, or modification(s) of any (1) ordinance, resolution, action or decision of any Commissioner; (2) ;Lo. . any action, decision, recommendation of any city board or committee; or (3) any action, decision or recommendation of any personnel defined in any manner above, 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. ItLobbyist", as defined above, specifically includes the principal, as described ~bove, as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. SBCTION 3. as follows: That Section 3 of Ordinance No. 92-2777 is amended All lobbyists shall, before engaging in any lobbying activities, register with the -City Clerk. Every person required to so register shall (a) register on forms prepared by the clerk, (b) 2 pay a registration fee of twenty-five dollars and (c) state under oath his or her name, business address, the name and business address of each person or entity which has employed said registrant to lobby, the commissioner or personnel sought to be lobbied aria the specific issue on which he or she has been employed to lobby. Any change to any information originallY filed, or any additional City commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment (s) . The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five percent (5t) or more ownership interest in such corporation, partnership, or trust. Separate registration shall be required for each principal represented on each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a specific description where applicable 'of a pending request for a proposal, _. invitation to bid, or public hearing number. The city Clerk shall reject any registration statement which does not provide a description of the specific issue on which such lobbyist has been employed to lobby. Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. In addition to the registration fee required above. registration of all lObbyists shall be reauired prior to October 1st ot every even numbered year and the tee for biennial reQistration shall be on~ hundred twenty-five dollars ($125.00\. Initially. all lobbyists shall register on or betore October ~. 1992. In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial, or professional relationship, or other relationship which gives rise to an appearance of an impropriety, with any current City Commissioner or personnel de~ined above who is sought to be lobbied as identified on the lobbyist registration form filed. The 3 registration fees required by this subsection shall be deposited by the clerk into a separate account and shall be expended only to cQver the costs incurred in administering the provisions hereof. There shall be no tee required tor tiling a notice ot withdrawal and the city Manager shall waive the registration fee upon a j finding of tinancial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a not for profit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local Chamber of Commerce or a trade association or trade union), without special compensation or reimbursement tor the appearance, whether direct, indirect or contingent, to express support of or opposition . to any item, shall not be required to register with the clerk as required by this subsection, b~t, UpSft requeet, GRall ftet be requires to pay 8fty re~istratisft feea. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. SECTION f. That Section 4 ot Ordinance No. 92-2777 is amended as follows: Any public officer, employee. or appointee or any person or entity in contractual p~ivity with the City who only appears in his or her official capacity shall not be required to register as a lObbyist. SECTION 5. That Section 5 ot Ordinance No. 92-2777 is amended as tollows: Any person who only appears in his or her individual capacity at a pUblic hearinq betore the City Commission. Planning Board. Board ot Ad1ustment or other Board or Committee and has no other communication with the personnel defined in Section 1 above. for the purpose ot selt-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to regiater aa a lobbyist, including but not limited to those who are members ot homeowner or nelqhborhood aS8ociationsL All spe~ker~ shall. however. sign-un on forms available at the pUblic hearinq. Additionallv. any person r t d t ------ ecruea e 0 appear before any City 4 personnel. board or commission. or any person compelled to answer tor or apoeal ina a code violation. a nu isance abatement board hearina. a soecial master hearing or an Administrative hearinq shall not be reauired to register. nor shall anY aqent. attorney. officer or employee of such person. SBCTION t. In addition to the registration requirements addressed above. all citv deoartments includina the offices of the Mayor and City commission. the offices. of the City Manaaer and the offices of the City Attorney shall maintain siqned "siqn-in" loqs for all non-city employees or personnel for reqistration when they meet with any personnel as defined in section 1 above. SECTION 7. Commencing ~ October 1, 1992, .and on ~ October 1 of ,ach year thereafter, the lobbyist shall submit to the. City Clerk a signed statement under oath listing all lobbying expenditures in the City ot Miami Beach tor the preceding calendar year. A statement shall be filed even if there has been no expenditures during the reporting period. The clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations which have been tiled. All logs required by thi~ ordinance shall be prepared in a manner substantially similar to the logs prepared for the Florida Legislature pursuant to Section 11.0045, Florida Statutes. All members of the City Commission, and all city personnel defined herein shall be diligent to ascertain whether persons required to register pursuant to this subsection have complied. Commissioners or city personnel may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this subsection to lobby the commissioner, or the relevant committee, board or city personnel. The City Attorney shall investigate any person engaged in lobbying activities who are reported to be in violation of this section. The City Attorney shall report the results of the investigation to the City Commission. Any alleged violator shall also receive the results of any investigation and shall have the , opportunity to rebut the findings, if necessary, and submit any 5 written material in. defense to the city commission.. The city commission may reprimand, censure, suspend or prohibit such person from lobbyinq befo're the commission or any committee, board ()r personnel of the city. SBCTION 8. JlBPB.LBR That all ordinances, resolutIons or parts of ordinances or resolutions in conflict be and the same are hereby repealed. SBCTION 9. SBVlRABILI'1'Y If . any section, sUb-section, sentence, clause, phrase or portion ot this ordinance is tor any reason, held invalid or unconstitutional by court ot competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions of this ordinance. SBC'1'ION 10. B~FBC'1'IVB D.'1'B That this ordinance shall take eftect ten (10) days after its adoption, on June 27. 1992. PASSED and ADOPTED this 1992. ATTEST: ....-, CI I. ' l({'Iuz\~ r. 7>Jllo<;/ly. )/mft: ~) ~ CITY CLERK-. . - . m . ~.. J JCD/CNM .tlc4. 1:\4-6.92.010 (Sponsored by Commissioner Pearlson) Additions shown by underlininq. Deletions shown by strike o~ts. 1st reading 6/3/92 2nd reading 6/17/92 FORM APPROVED LEGAL DEPT. By T'- ';:) Date b.li-~1- 6 ORDINANCE NO. 92-2777 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING ARTICLE III OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF MIAMI BEACH ENTITLED "STANDARDS OF CONDUCT FOR CITY OFFICERS AND EMPLOYEES" BY ADDING SUBSECTION 2-48 ENTITLED "LOBBYING", PROVIDING DEFINITIONS AND REQUIRING REGISTRATION AND FINANCIAL DISCLOSURE BY ALL ENGAGED IN LOBBYING ACTIVITIES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, all citizens of the City of Miami Beach have the right to knm., how their elected and appointed officials !'l~ke decisions and carry out their functions in a manner that guarantees all actions are taken in the best interests of the city; and WHEREAS, this right of the people to know includes ascertaining the names of all parties having an interest in the outcome of a legislative or administrative decision, and who meet with the elected or appointed officials outside of the pUblic's view; and WHEREAS, in order to continue to restore confidence in the citizens of Miami Beach that the current Mayor and City Commission will undertake reforms of past practices that sometimes left in doubt the fairness, openness and honesty of Government, the Mayor and City Commission wish to pass into law measures to assure that special interests do not obtain a greater voice in the decisions of the City than the voice an~ opinion held by any individual. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The following definitions shall apply for purposes of this new section 2-48: (a) The term "commissioners" shall refer to the Mayor and members of the City Commission. (b) The term "autonomous personnel" shall include but not be limited to the members of the Housing Authority, Personnel Board, Pension Boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to- day policy setting, operation and management of certain defined functions or areas of responsibility. (c) The term "quasi-judicial personnel" shall refer to the members of the Planning Board, the Board of Adjustment and such other boards and agencies of the City that perform such quasi- judicial functions. (d) The term "advisory personnel" shall refer to the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the City Commissioners. (e) The term "departmental personnel" shall refer to the City Manager, all Assistant City Managers, all department heads, the City Attorney, Chief Deputy City Attorney and all Assistant City Attorneys. SECTION 2. The term "lobbyist" means all persons, firms, or corporations employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat, or modification(s) of any (1) ordinance, resolution, action or decision of any Commissioner; (2) any action, decision, recommendation of any city board or committee; or (3) any action, decision or recommendation of any personnel defined in any manner above, 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 ci ty Commission, or a city board or committee. "Lobbyist", as defined above, specifically includes the principal, as described above, as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. SECTION 3. All lobbyists shall, before engaging in any lobbying activities, register with the City Clerk. Every person required to so register shall (a) register on forms prepared by the clerk, (b) pay a registration fee of twenty-five dollars and (c) state under oath his or her name, business address, the name and business address of each person or entity which has employed said registrant to lobby, the Commissioner or personnel sought to be lobbied and 2 the specific issue on which he or she has been employed to lobby. Any change to any information originally filed, or any additional City Commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment (s) . The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five percent (5%) or more ownership interest in such corporation, partnership, or trust. Separate registration shall be required for each principal represented on each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The City Clerk shall reject any registration statement which does not provide a description of the specific issue on which such lobbyist has been employed to lobby. Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial, or professional relationship, or other relationship which gives rise to an appearance of an impropriety, with any current City Commissioner or personnel defined above who is sought to be lobbied as identified on the lobbyist registration form filed. The registration fees required by this subsection shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions hereof. There shall be no fee required for filing a notice of withdrawal and the City Manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a 3 not for profit corporation or entity (such as a charitable organization, a neighborhood association, or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall register with the clerk as required by this subsection, but, upon request, shall not be required to pay any registration fees. Copies of registration forms shall be furnished to each Commissioner or other personnel named on the forms. SECTION 4. Any public officer, employee or appointee who appears only in his or her official capacity shall not be required to register as a lobbyist. SECTION 5. Any person who only appears in his or her individual capacity for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist. SECTION 6. Commencing July 1, 1992, and on July 1 of each year thereafter, the lobbyist shall submit to the City Clerk a signed statement under oath listing all lobbying expenditures in the City of Miami Beach for the preceding calendar year. A statement shall be filed even if there has been no expenditures during the reporting period. The clerk shall publish logs on a quarterly and an annual basis reflecting the lobbyist registrations which have been filed. 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. All members of the City Commission, and all city personnel defined herein shall be diligent to ascertain whether persons required to register pursuant to this subsection have complied. Commissioners or city personnel may not knowingly permit themselves 4 to be lobbied by a person who is not registered pursuant to this subsection to lobby the commissioner, or the relevant committee, board or city personnel. The City Attorney shall investigate any person engaged in lobbying activities who are reported to be in violation of this section. The city Attorney shall report the results of the investigation to the City Commission. Any alleged violator shall also receive the results of any investigation and shall have the opportunity to rebut the findings, if necessary, and submit any written material in defense to the City Commission. The City commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the City. SECTION 7. REPEALER That all ordinances, resolutions or parts of ordinances or resolutions in conflict be and the same are hereby repealed. SECTION 8. SEVERABILITY If any section, sUb-section, sentence, clause, phrase or portion of this ordinance is for any reasen, held invalid or unconstitutional by court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions of this ordinance. SECTION 9. EFFECTIVE DATE That this ordinance shall take effect ten (10) days after its adoption on March 14 PASSED and ADOPTED this 1992. ATTEST: ?vk~ L~~ CITY CLERK 1st reading 2/19/92 JCD/CNM 2nd reading 3/4/92 JCD/LF A:\1-27-92.0RD (Sponsored by Commissioner Neisen o. Kasdin) corrected 3/12/92 FORM APPROVED LEGAL DEPT. ~ By -JG 5 I hereby certify that the above and ~ is a true copy cI IJ ~ therp I set my hand aud seal thisJO.tf4ay of~tC 19'1 7. CLERK C~ (Seal) BY Date 3~'-l-~1- OFFICE OF THE CITY A HORNEY ~ <e~ of Jfmml O'meA F L o R D A CITY ATTORNEY f",Ia?'~". --'L~v~("'" f'~/~ ~~::;; ;~ .. ~INCCil" ~';"'T!l) .:: \~~ :~{,.~// "~f&f11fY POBOX 0 MIAMI BEACH. FLORIDA 33' >,,-2C3_ TELEPHONE {305, 673,7~~,J TELECOPY '30S, 573-7CC: LAURENCE FEINGOLD COMMISSION MEMORANDUM NO. q~ .9~ TO: MAYOR SEYMOUR GELBER AND MEMBERS OF THE CITY COMMISSION CITY MANAGER CARLA BERNABEI TALARICO FROM: LAURENCE FEINGOLD City Attorney RE: LOBBYING REGISTRATION ORDINANCE DATE: FEBRUARY 13, 1992 Pursuant to Commissioner Kasdin' s request and sponsorship, attached please find an ordinance which establishes procedures and requirements' for the registration of lobbyists in the City of Miami Beach. The ordinance, which was modeled after that of Dade County's, has been extens i vely reviewed by the Trans i tion Team Ethics Committee. JCD/cnm jCd/lf a:cm2-13.jcd I hereby certi1Y that the above and aforegoing is a true copy <>! Ip ~ ~ I set. my hand and seal ~~19<j7. ~ BY t ~& DEP (Seal) j; , .:...:.- - i__ 10 AGENDA ITEM '~(jlj C()i\J\./EI"~TI~~)i'l c~~~r'J~-~~~ C~:~i',;~_- ~:\-.)~jfi;~; i-i._,~')()n - :vll,.:"J/1J I -CZr ~ ~ -'JI.9:t DATE