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2016-29510 Reso RESOLUTION NO. 2016-29510 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A NOVEMBER 8, 2016 CITY OF MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CODE SECTION 2-485 SHOULD BE AMENDED TO DELETE THE REQUIREMENT THAT LOBBYISTS FILE AN ANNUAL STATEMENT DISCLOSING COMPENSATION AND EXPENDITURES RELATED TO LOBBYING ACTIVITIES WHEN THEY HAVE NOT RECEIVED COMPENSATION OR INCURRED EXPENDITURES DURING THE REPORTING PERIOD. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. In accordance with provisions of the Charter of the City of Miami Beach, Florida and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, November 8, 2016, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami-Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special Election to be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated. SECTION 3. That the said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts as determined by the Miami-Dade County Election Officials as set forth in the attached Exhibit "A"1. As of date, the City of Miami Beach has not received from the Miami Dade County Elections Department the final list of polling places for the City's November 8, 2016 Special Election. Accordingly, attached to this Resolution is a list of polling places from the City's March 15, 2016 Special Election, which upon receipt from the County, will be superseded by the Department of Elections' list of polling places for the City's subject November 8, 2016 Special Election, which list of polling places for the City's November 8, 2016 Special Election will be publicly noticed by the City. SECTION 4. Not less than thirty days' notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 5. The Notice of Election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M. UNTIL 7:00 P.M. ON THE 8TH DAY OF NOVEMBER, 2016, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: Lobbyists' annual disclosure of expenditures/compensation. City Code section 2-485 requires that lobbyists file annual statements listing all lobbying expenditures and compensation received for the preceding calendar year regarding each issue the lobbyist was engaged to lobby, such statement to be filed even if there were no such expenditures or compensation. Shall this Code section be amended to provide that annual statements need not be filed by lobbyists if there have been no such expenditures and compensation during the reporting period? Yes No Said Notice shall further set forth the several polling places in the election precincts as established in accordance with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said elections. SECTION 6. That the official ballot to be used in the Special Election to be held on November 8, 2016, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" Lobbyists' annual disclosure of expenditures/compensation. City Code section 2-485 requires that lobbyists file annual statements listing all lobbying expenditures and compensation received for the preceding calendar year regarding each issue the lobbyist was engaged to lobby, such statement to be filed even if there were no such expenditures or compensation. Shall this Code section be amended to provide that annual statements need not be filed by lobbyists if there have been no such expenditures and compensation during the reporting period? Yes No SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on October 11, 2016. All persons eligible to vote at this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87`h Avenue, Dora!, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 9. That the absentee voters participating in said Special Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting. SECTION 10. That the City of Miami Beach shall pay all expenses for conducting this Special Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 11. If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure. SECTION 12. This Resolution shall be effective immediately upon its passage. PASSED and ADOPTED this /3 day of .J�( � , 2 , . ATTEST: 7,'/ 7 �r/y. /. f PHILIP LEVINE(' 0 / MAYOR ,s/ RAFAEL E. GRANADO �� • .`\ 0�� CITY CLERK 1%;\ ti ..0 ,., 4. m r 1-v .;�; INCORP ORATED: * g • 1)16'."-••••'. )\--e r APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION 40■0 0S4j*C- 9 (LP , City Attorney Date CITY CODE SECTION 2-485: BALLOT QUESTION AND PROPOSED AMENDED CITY CHARTER TEXT NOVEMBER 8, 2016 SPECIAL ELECTION. I. BALLOT QUESTION: Lobbyists' annual disclosure of expenditures/compensation. City Code section 2-485 requires that lobbyists file annual statements listing all lobbying expenditures and compensation received for the preceding calendar year regarding each issue the lobbyist was engaged to lobby, such statement to be filed even if there were no such expenditures or compensation. Shall this Code section be amended to provide that annual statements need not be filed by lobbyists if there have been no such expenditures and compensation during the reporting period? Yes No II. PROPOSED AMENDED CITY CODE TEXT: City Miami Beach Code, Sec. 2-485. - List of expenditures; fee disclosure; reporting requirements. (a) On February 282 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, as well as compensation received, for the preceding calendar year with regard to the specific issue on which the lobbyist has been engaged to lobby. A statement shall not be filed even if there have been no expenditures or and compensation during the reporting period but if there have been expenditures and/or compensation then a statement shall be filed listing such detail. 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. (b) Each lobbyist and his/her principal shall, before engaging in any lobbying activities, .submit to the city clerk a joint signed statement under oath 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 to lobby. If no compensation will be paid concerning the subject lobby services, a statement shall nonetheless be filed reflecting as such. (c) Any change to information originally filed shall require that the lobbyist (and principal under subsection (b) above) file, within three business days from such 2 For purposes of transitioning this change of date and related lobbyist responsibility to timely file disclosure reports as required hereinabove, reports for calendar years 2009 and 2010 shall be submitted to the city clerk by February 28, 2011, with subsequent years' reports to be filed with the city clerk by February 28 of each respective following year, as set forth in [subsection] (a) above. changed circumstances, a signed statement under oath amending the above- referenced reports; additionally, in the event official action on the specific lobbied issue is scheduled to occur during said three 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. (d) The city clerk shall notify any lobbyist (or principal) who fails to timely file the expenditure or fee disclosure reports referenced in sections (a) and (b) above. In addition to any other penalties which may be imposed as provided in section 2- 485.1, a fine of $50.00 per day shall be assessed for reports filed after the due date. Any lobbyist who fails to file the required expenditure report by April 30 shall be automatically suspended from lobbying until all fines are paid, unless the fine has been appealed to the Miami DadeCounty EthicsCommission. (e) The city clerk shall notify the Miami-Dade County Commission on Ethics and Public Trust of the failure of a lobbyist (or principal) to file either of the reports referenced above and/or pay the assessed fines after notification. (f) A lobbyist (or principal) may appeal a fine and may request a hearing before the Miami-Dade Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15 calendar days of receipt of the notification of the failure to file the required disclosure form. The Miami-Dade Commission on Ethics and Public Trust shall have the authority to waive the fine, in whole or in part, based on good cause shown. MIAMI BEAC ', MIAMI BEACH SPECIAL ELECTION NOVEMBER 8, 2016 MIAMI BEACH PRECINCTS LIST Polling Name Location Polling Name Location Place No Place No. 011 Biscayne Elementary 80077 Street 030 Miami Beach 2000 Convention School Botanical Garden Center Drive 013 North Shore Branch 7501 Collins 031 Miami City Ballet 2200 Liberty Library Avenue Avenue D14 North Shore Park Youth 501 72 Street 032 Miami Beach Regional 227 22 Street Center Library D15 Normandy Shores Golf 2401 Biarritz Drive 033 Miami Beach Senior 2231 Prairie Club High School Avenue 018 Indian Creek Fire 6860 Indian Creek 036 Miami Beach Police 999 11 Street Station#4 Drive Athletic League 019 Normandy Park&Pool 70(00 Trouville 037 Miami Beach City HaLl 1700 Convention Esplanade Center Drive 020 Ronald W.Shane 6500 Indian Creek 038 Veterans Foreign War 650 West Avenue Center Drive Post€f3559 023 Nam Beach Fire 5303 Collins 040 South Pointe 1050 4 Street Station#3 Avenue Elementary School 024 Nautilus Middle School 4301 N. Michigan 041 South Shore 833 B Street#2 Avenue Community Center 025 St. John's on the Lake 4760 Pine Tree 042 Feinberg Fisher K-B 601 14 Place Methodist Church Drive Center School 028- - Temple Beth Shalom 4144 Chase 043 Miami Beach Police 1100 Washington Avenue Department Avenue 029 North Beach 410D Prairie 048 Rebecca Towers 200 Alton Road Bementary School Avenue Please note that the above list is subject to change, if needed. The voting precincts for the November 8, 2016 City of Miami Beach Special Election shall be as established by the Miami- Dade County election officials. On Election Day, all electors shall vote at the voting locations and the voting precincts in which the official registration books show that the electors reside. All questions concerning voting (locations and voting precincts should be directed to the Miami-Dade County Elections Department, 2700 NW 87 Avenue„ Dora', Florida 33172; Telephone: 305.499.VOTE(8683)or TTY:305.499.8480. Rafael E. Granada, City Clerk City of Miami Beach AD 1182 EXHIBIT A MAMIBEACH OFFICE OF THE CITY ATTORNEY RAUL J. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM TO: Mayor Philip Levine Members of the City Commission City Manager Jimmy Morales FROM: Raul J. Aguila, City Attorney9Q DATE: July 13, 2016 SUBJECT: RESOLUTION CALLING CITY'S NOVEMBER 8, 2016 SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CODE SECTION 2-485 SHOULD BE AMENDED TO DELETE THE REQUIREMENT THAT LOBBYISTS FILE AN ANNUAL STATEMENT DISCLOSING COMPENSATION AND EXPENDITURES RELATED TO LOBBYING ACTIVITIES WHEN THEY HAVE NOT RECEIVED COMPENSATION OR INCURRED EXPENDITURES DURING THE REPORTING PERIOD. The attached Resolution has been prepared calling for a City of Miami Beach Special Election to be held on November 8, 20161 1for the purpose of submitting to the City's voters the following ballot question: City Code section 2-485 requires that lobbyists file annual statements listing all lobbying expenditures and compensation received for the preceding calendar year regarding each issue the lobbyist was engaged to lobby, such statement to be filed even if there were no such expenditures or compensation. Shall this Code section be amended to provide that annual statements need not be filed by lobbyists if there have been no such expenditures and compensation during the reporting period? As more specifically stated in his attached correspondence, Joseph Centorino, Executive Director of the Miami-Dade County Commission on Ethics and Public Trust, initiated the request for the above Code amendment based upon his concern that a "...substantial amount of Ethics Commission staff time spent on appeals relating to fines imposed on lobbyists who did not have any expenditures or compensation during the 1 On November 8, 2016, the Miami-Dade Elections Department will be conducting the Countywide "General Election" — the City of Miami Beach has been authorized by County DOE to place ballot measures on this Ballot. Agenda Item R1 z Date '1-i3-k November 8, 2016 Special Election July 13, 2016 Page 2 reporting period", appears not to serve a significant public purpose. Inasmuch as the subject Code amendment would lessen the stringency of the City's ethics Code (by deleting requirement that lobbyists file annual statements listing all lobbying expenditures and compensation received for the preceding calendar year even if there were no such expenditures or compensation), voter approval is required in order to effect such Code amendment2. In consideration of this matter, the City Attorney has consulted the City Clerk (as the City personnel responsible for oversight of the City's lobbyist laws), and the Clerk has provided the following information which may be useful in the Commission's deliberation of this matter: For reports due in 2015, 528 lobbyists were required to submit annual financial disclosure statements. • Of the 528 lobbyists, 107 (20.3%) filed an appeal with the County Ethics Commission to reduce/eliminate fines incurred for untimely filing of the disclosure statement. • Of the 107 lobbyist filing appeals, only 17 reported any type of compensation or expenditures (15.9%), leaving 90 (84.1%) of the lobbyists who appealed with no compensation or expenditures to report. Final note: Today is the City Commission's last regularly-scheduled Commission meeting prior to the August 9, 2016 deadline date by which the County Elections Department must receive municipal Resolutions placing ballot measures on the November 8, 2016 ballot. 2 See, City Charter at section 1.05 From: Centorino, Joseph (COE) [mailto:CENTORI @miamidade.gov] Sent: Tuesday, March 22, 2016 12:56 PM To: Aguila, Raul Cc: Murawski, Michael P. (COE); Isch23 @comcast.net Subject: LOBBYIST REGISTRATION FEE ISSUE Raul: The request we recently discussed is for the City of Miami Beach to consider an ordinance change removing the requirement that a lobbyist file an annual expenditure statement for a calendar year in which the lobbyist makes no expenditure on behalf of any client. This requirement has led to numerous investigations by the Ethics Commission staff to locate and communicate with registered lobbyists, notify them of their failure to file, and to bring each of these matters to the Ethics Commission for resolution at a public meeting. Due to the administrative fine imposed in these cases on a per diem basis, some of these cases are presented to the Commission with a presumptive fine totaling in the tens of thousands of dollars. The fines are routinely waived by the Commission for first offenders, due to the relative insignificance of the offense of a lobbyist's failure to report that he or she had nothing to report. The fines imposed are almost always drastically reduced by the Ethics Commission because of the obvious disproportionality of the penalty to the offense. Most of the violators are not regular lobbyists, but individuals who are retained to work on a particular issue and are unfamiliar with filing requirements. We expend a substantial amount of staff time on these cases, which seem not to serve a significant public purpose. The members of the Ethics Commission, who encouraged me to seek this change, have expressed frustration with cases that fail to promote an image that the Ethics Commission deals with serious ethical issues deserving of the attention of an important quasi-judicial body. We have no problem in dealing with those who fail to report expenditures actually incurred in lobbying, but the prosecution of the technical failure to file a statement listing no expenditures, punishable by unrealistic and draconian fines, is a poor use of the resources of any public agency. Please note that this issue has already been raised with the Miami-Dade County Commission, which previously had the same requirement in the County lobbyist ordinance. At the request of the Ethics Commission, the County Commission amended the ordinance to dispense with the filing requirement if no expenditures have been incurred during the reporting period. I would be happy to appear before the Miami Beach City Commission to discuss the approval process for a similar amendment to the Miami-Beach lobbyist ordinance. Sincerely, Joe Joseph M. Centorino Executive Director and General Counsel Miami-Dade Commission on Ethics and Public Trust 19 W. Flagler Street, Suite 820 Miami, FL 33130 Tel: (305) 579-2594 Fax: (305) 579-0273 ethics.miam idade.go v