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2017-4110 Ordinance ORDINANCE NO. 2017-4110 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 OFFICIAL(S), ESTABLISHING DEFINITIONS, AND LIMITED EXEMPTION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has a paramount interest in preventing corruption or the appearance of corruption which could result in the erosion of public confidence; and 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, permitting a political consultant to lobby the City Commission for a certain period of time immediately following the swearing in of that consultant's former client(s)/Commission member(s) increases the likelihood of corruption or the appearance of corruption in the form of quid pro quo sale of official action; and WHEREAS, prohibitions on campaign consultants lobbying former clients/members of the City Commission will protect public confidence in the electoral and governmental processes. It is thus the purpose and intent of the Miami Beach City Commission 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 VII, 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: Sec. 2-491. Prohibited Lobbying by Campaign Consultants. A. Prohibition. No campaign consultant shall lobby the City Commission for a period of 12 months following the swearing in of any elected official(s) for whom the campaign consultant provided campaign consulting services within the past election cycle. B. Definitions. (a) "Campaign consultant" means any person or entity that receives or is promised economic consideration in exchange for campaign consulting services to a candidate for elected office in the City of Miami Beach. (1) "Campaign consultant" shall include any individual who has an ownership interest of 10% or greater in the campaign consultant, and any employee of the campaign consultant, except as otherwise excepted below. (2) "Campaign consultant" shall not include: i) any vendor for a campaign whose primary responsibility is to supply goods or services for a campaign. ii) an employee of a campaign consultant whose sole duties are primarily clerical; or iii) an employee of a campaign consultant who did not personally provide campaign consulting services. (b) "Campaign consulting services" means primary responsibility for campaign management or campaign strategy. (c) "Campaign management" means conducting, coordinating or supervising a campaign to elect a candidate. (d) "Campaign strategy" means formulation of plans for the election of a candidate. (e) "Candidate" shall have the meaning ascribed to such term in Florida Statutes, section 97.021(5), as amended and supplemented. (f) "Economic consideration" means any payments, fees, commissions, gifts, or anything else of value received directly or indirectly as consideration for campaign consulting services. The term"economic consideration" does not include reimbursements for out of pocket expenses. (g) "Past election cycle" means the subject immediately preceding City of Miami Beach General Election/Special Election held for the purpose of electing a member of the City Commission. (h) "Lobby" for purposes of this Code Section shall mean the act of seeking to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any member of the City Commission. C. Limited Exemption. A campaign consultant who has within the past election cycle provided campaign consulting services to an incumbent member of the City Commission, and has entered into a lobbying contract prior to the effective date of the ordinance creating this code section (the term of which lobbying contract includes the subject proscribed 12 month period established in Subsection A above and the scope of which lobbying contract involves lobbying members of the City Commission), is exempt from the proscription herein with limited regard to that subject lobbying contract. 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 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 the day of 7Ltly , 2017. PASSED and ADOPTED this a.? day of gin 2 ; 0 ' /' ATTEST: Philip L, vin- Mayo` —r.f(1 (4 Zan Rafael E. Granado 1/ City Clerk Requested by Commissioner Joy Malakoff dor,, n\ B`�,J t,,� ate'•• ` 1111 C�Is APPROVED AS TO \P'' • y FORM&LANGUAGE * FOR EXE UTION * INCORP ORATED: 65 ( 7 �. Attorney f:\atto\agur\comm meetings\06-07-17\ord cmb code 2 • \'nl•_L, atlt x'' Ordinances - R5 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul Aguila, City Attorney DATE: June 28, 2017 5:09 p.m. Second Reading Public Hearing SUBJECT: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 OFFICIAL(S), ESTABLISHING DEFINITIONS, AND LIMITED EXEMPTION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ANALYSIS See Memorandum attached. Legislative Tracking Office of the City Attorney Sponsor Commissioner Joy Malakoff& Co-sponsored by Vice-Mayor Rosen Gonzalez ATTACHMENTS: Description D Memorandum D Ordinance ❑ Ad Page 160 of 230 ISI MIAMI BEACH OFFICE OF THE CITY ATTORNEY RAULJ. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR PHILIP LEVINE MEMBERS OF THE CITY COMMISSION CITY MANAGER JIMMY MORALES FROM: RAUL J. AGUIIP ---Q- '( CITY ATTORNEY DATE: JUNE 7,2017 SUBJECT: INCREASING STRINGENCY OF CITY OF MIAMI BEACH ETHICS LAWS BY AMENDING CITY CODE CHAPTER 2, ARTICLE VII "STANDARDS OF CONDUCT", DIVISION 5 ENTITLED "CAMPAIGN FINANCE REFORM," BY ADDING THERETO SECTION 2-491 ENTITLED "PROHIBITED LOBBYING BY CAMPAIGN CONSULTANTS," PROIIIBITING CAMPAIGN CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF SUBJECT ELECTED OFFICIAL(S), ESTABLISHING DEFINITIONS, AND LIMITED EXEMPTION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. On July 13, 2016, the City Commission adopted Ordinance No. 2016-4024, which amended the City's Lobbyists laws to require lobbyists who, within the past election cycle, provided an incumbent member of the City Commission, with campaign consulting services to: 1) disclose such particular services on his/their lobbyist registration form; and 2), orally disclose the specified campaign consulting services before lobbying the City Commission at a public hearing. Pursuant to the request of Commissioner Joy Malakoff, the attached Ordinance has been drafted for the purpose of amending the City's Campaign Finance laws, so as to include therein a City law prohibiting campaign consultants from lobbying the City Commission for a stated period of time. This amendment to the City's ethics laws 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 attached Ordinance is thus ready for City Commission review and deliberation. Page 161 of 230 20NE NEIGHBORS TFCPSCA JUNE 15?OP AllAMINERALOCOM MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING ORDINANCE PROHIBITING CAMPAIGN CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR ENTITIES FROM LOBBYING CITY COMMISSION FOR 12 MONTHS SUBSEQUENT TO SWEARING IN OF ELECTED OFFICIAL(S) June 28, 2017 NOTICE IS HEREBY given that a Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chamber, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on June 28, 2017 at 5:09 p.m.,or as soon thereafter as the matter can be heard, to consider: 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 OFFICIAL(Si, ESTABLISHING DEFINITIONS,AND LIMITED EXEMPTION; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 2,05 of the City Charter and§166,041 F.S. Inquiries may be directed to the Office of the City Attorney at 305.673,7470. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent,or to express their views In writing addressed to the City Commission,c/o the City Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This item is available for public Inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1' Floor, City Hall, Miami Beach, Florida 33139, This item may be continued,and under such circumstances, additional legal notice need not be provided. Pursuant to Section 286.0105,Fla.Stat,,the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at Its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal Is to be based, This notice does not constitute consent by the City for the Introduction or admission of otherwise Inadmissible or irrelevant evidence, nor does It authorize challenges or appeals not otherwise allowed by law, To request this material In alternate format, sign language interpreter (five-day notice required),Information on access for persons with disabilities,and/or any accommodation to review any document or participate In any City-sponsored proceedings,call 305.604.2489 and select 1 for English or 2 for Spanish,then option 6:TTY users may call via 711 (Florida Relay Service), Rafael E.Granado, City Clerk City of Miami Beach Ad 1345 Page 165 of 230