020-1996 DM
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DEPARTMENT MEMORANDUM NO.
20-1996
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June 19, 1996
TO:
All Department Directors
FROM:
Jose GarCia-pedrosa~
City Manager fI'
LOBBYIST SIGN-IN LOGS
SUBJECT:
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City of Miami Beach Ordinance No. 92-2785 amending the City's
lobbying ordinance requires that all City Departments, including the
offices of the Mayor and City Commission, the offices of the City
Manager, and the offices of the City Attorney 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 of City
Ordinance No. 92-2785. A copy of the relevant page of the Ordinance
is attached for your reference.
Each department needs to prepare a "Sign-In" log asking for the
following information: name, business address, date, City personnel
visited, and the specific issue on which he or she has been employed
to lobby. This log should be placed in a convenient place accessible
to all lobbyists.
Thank you.
JGP:rr
Encl.
cc: Sergio Rodriguez, Deputy City Manager
Mayra Diaz-Buttacavoli, Assistant City Manager
Harry Mavrogenes, Assistant City Manager
Joe Pinon, Assistant City Manager
Jack Lubin, Executive Assistant/Acting parking Director
Peter F. Liu, Executive Assistant/OMB Director
- Richard Bender, Executive Assistant/Labor Relations
(w/encl. )
f:\cmgr\$all\:deptmemo.95\lobbyist
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ORDINANCE NO.
92-2785
AN ORDINANCB OF THB KAYOR AND CITY COMMISSION OF THB CITY
OF MIAMI BEACH, FLORIDA AMENDING ORDINANCI NO.t2-2777
WHICH BSTABLISHBD LOBBYIST RBGISTRATION STANDARDS FOR THB
CITY OF MIAMI BBACH, BY BXBMPTING FROM THB REQUIRBMBNTS
OF REO:ISTRAT:IOH ALL NOT-Fall PROI'tT AND CBRTA:IH OTHER
RlPRlSBKTAT:IVBS, EXBMPT:IHO PR:IHC:IPAL8 AND THBIR
ATTORNBYS, AGENTS, BMPLOYBBS AND ALL OTHBRS RETAINED IN
COlOlECT:ION WITH PROCEBDINOS CONCBRNING CO DB V:IOLAT:IONS OR
OTHBR "QUASI-CR:IHINAL" BBARINOS, PROVIDING I'OR INCREASED
REGISTRATION FBBS,.PROVIDINGFoa.RBPBALBR, PROVIDINO FOR
SEVERABILITY, AND PROVIDINO FOR AN EFFECTIVE DATB.
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WHEREAS, on March 4, 1992, the city of Mia~i Beach adopted a
lobbying registration ordinance which requires lobbyists, as
deUned therein, to register and pay a registration fee for such
activity; and
WHBREAS, there are certain proceedings, such as Code
Enforcement,
Special Master,
Unsafe Structures Board and
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Administrative hearings which compel an individual's attendance and
as such, require individuals to come within the prescriptions of
the registration ordinance, and
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WHBRIAS, 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, THIRBFORI, BE IT OkDA:INBD BY TBI C:ITY COMMISSION OJ' THB
CITY OJ' KIAHI BEACK, FLORIDA I
SICTION 1.
That the following definitional section of ordinance
92-2777 is a~ended as follows:
(a) The term "colllJllissioners" shall refer to the Mayor and
~embers of the City co~~ission.
(bl The term "lIutono~ous personnel" shall include but not be
1i~ited to the.members of the Housing Authority, Personnel Board,
Pension Boards,. and such other autonomous or se~i-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.
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(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. The Code Enforcement Board. Nuisance Abatement
Board. SDecial Master HearinQs and Administrative HearinQs shall
not be included for DurDoses of this Ordinance.
Cd) The term "advisory personnel" shall refer to the members
of those city boards and agencies whose sole. or primary
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responsibility i. to recommend legislation or give advice to the
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City commissioners. ,
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(e) The term "departmental personnel" shali refer 1:0 the City
Manager, all Assistant City Managers, all department heads, the
city Attorney, Chief Deputy city Attorney and all Assistant city
Attorneys, Drovided however. that all departmental Darsonnel when
actinQ in connection with Adminietrative HearinQs shall not be
included for Dureoses of this Ordinance.
nOTION 2.
The term "lobbyist" means all persons, 1\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)
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any action, decision, recommendation of any city board or
committee, or (J)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
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~ity 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 tall
within the normal scope of employment ot such agent, attorney,
otficer or employee.
..OTION 3.
as follows:
That Section J 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)
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pay a registration fee of twenty-five dollars and (c) state und~
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
clty 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
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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
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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,
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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 reqistration fee required above. reQistration of
all lObbYists shall be reauired prior to October 1st of every even
numbered year and the te. for biennial reuistration shall be on@
hundred twentY-fiye dollars (5125.001. InitiallY. all lobbyiotl
shall register on or betore October 1. 1992. In addition to the
matters addressed aboye, 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
cOllllllissioner or personnel de~ined above who is sought to be lobbied
as identitied on the lobbyist registration form flled. The
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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 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
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
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special compensation or reimbursement for 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, ~peR re~est, shall Rat be re~ired ta pay
aRY re!is~ra\iaR fees. Copies of registration forms shall be
furnished to each Commissioner or other personnel named on the
forms.
IBC'l'IO" 4.
That Section 4 of Ordinance No. 92-2777 is amended
as follows:
Any public officer, employee. or appointee or any person or
entity ~n contractual ~ivity with the City who only appears in his
or her official capacity shall not be required to register as a
lobbyist.
BIIOTIO" S.
as follows:
That Section 5 of Ordinance No. 92-2777 is amended
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Any person who only appears in his or her individual capacity
at a public hearinq before the City Commission. Planninq Board.
Board of Ad1u.tment or other Board or Committee and has no other
communication with the personnel defined in Section 1 above. 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
reqi.ter a. a lobbyist, inoludinq but not limited to those who are
members of homeowner or neiqhborhood associations. All speakers
shall. however. siqn-up on forms available at the public hearinq,
Additionallv. anv person requested to appear before anv citv
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written material in, defense to the City cOlDlllission.. The City
commission may reprimand, censure, suspend or prohibit such person
from lobbyinq befo.re the cOlDlllhsion or any COlDlllittee, board or
personnel of the City.
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IBC'1'ION 8.
.B..aLB.
That all ordinances, resolutions or parts of ordinances or
resolutions in conflict be and the same are hereby repealed.
IBC'1'ION 9.
IBV1lUBILI'1'Y
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If . any section, SUb-section, sentence, clause, phrase or
portion of this orcSinance is for any reason, held invalid or
unconstitutional by court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holdinq shall not effect the validity of the remaining
portions of this ordinance.
8BC'1'1:0. 10.
BI'I'BC'l'IV1l Da'1'B
That this ordinance shall take effect ten (10) days after its
adoption, on
Jun. 27,
pa88BD and aDOP'l'BD this
1992.
ATTEST:
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-.l:':,;AA,"'- ;? ~IIU~ItY.' )It:taft: ~)..2it
CITY CLERK .... ~
~.<,
JCD/CNM Y
.1..4. ..\4"'9Z.GID
(Sponsored by Commissioner Pearlson)
Additions shown by underlinina.
Deletions shown by s~rill. atl~a.
let readlna 6/3/92
2nd readlna 6/17/92
FORM APPROVED
LEGAL DEPT.
By ::n.. ;:)
Olt,
6'/7..,1-
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COMMISSION MEMORANDUM NO. .8.33 - ~~
DATE: May 14, 1992
PROM:
Mayor Seymour Gelber and
Members of the City Comml~~!,
Laurence Feln,old .J! -i;~ ~
CIty AlIomey , V
Lobbylnl OrdInance No. 1n.2m
TO:
RE:
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Commissioner PearllOn requests Ibe followln, amendments 10 Ibe above referenced
LobbyinC Ordinance, The effect of these amendments is to create the following exemptions 10
the ordinance:
I. Where panles or theIr lawyers are compelled to appear before the
City in a quasl-crimlnal setlinl (G.!., Code Enforcement Board
hcarlnlS, Special Muter hearinIS).
2. Corpol2dons or penons who have contractual. reladons with the
City <c.a.., Greater MIami Convention Bureau, SMG Management
Company).
3. Charitable, non-piofit orlanlzatlons or public service corporations
(G.!., Miami Beach Historic Preservation/Design Review Board,
HOll1eowners AssocIation, Chamber of Commerce, etc,).
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,. In addition, concern hu been addressed recardln, Ibe administrative costs of
enforclnllbls ordinance. The City Clerk hu stated that the $25 fee does not currently offset
the costs Incurred by hIs department, The County fee schedule includes a $12S fee biennially
for lobbyists as well u Ibe $25 fe: for sin,le Issues.
LF/cnm
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