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92-2777 Ordinance 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 cit.izens of the City of Miami Beach have the right to ]mml how their (~lected and appointed officials 1'lClke 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 City 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 wi thin 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 reascn, 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: ?~~ 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 --i C~) 5 Date ') ,I C',\ 6- ,- I v OFFICE OF THE CITY ATTORNEY ~ c:eif;j rI V1fiomi 7JauA F L o R D A CITY ATTORNEY -~=.~- /\.."'~\ 8(~'"., 7~/_V~c;.';: :r~.< ::, * (.IN(Cil"'~~.U'[O) *1: :~\ ~'/z"il "1t07:~Y" POBOX 0 MIAMI BEACH, rLCPIDA 33' '0.lC' TELEPHONE :.3051 673.7~7.' TELECOPV ,305, ',-:i.-C:' LAURENCE FEINGOLD COMMISSION MEMORANDUM NO. q!J ..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 extensively reviewed by the Transition Team Ethics Committee. 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