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92-2781 Ordinance ORDINANCE NO. 92-2781 AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, SUSPENDING UNTIL JUNE 3, 1992 ENFORCEMENT OF ORDINANCE NO. 92-2777 WHICH REQUIRES REGISTRATION AND FINANCIAL DISCLOSURE BY ALL PERSONS AND ENTITIES ENGAGING IN LOBBYING ACTIVITIES WITHIN THE CITY OF MIAMI BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 4, 1992, the Miami Beach City commission adopted Ordinance No. 92-2777 which requires registration and financial disclosure by all persons and entities engaging in lobbying activities within the City of Miami Beach, Florida; and WHEREAS, Ordinance No. 92-2777 became effective on March 14, 1992; and WHEREAS, the City commission believes that Ordinance No. 92-2777 should be reexamined and amended by the City commission on or before June 3, 1992 and that its continued enforcement at this time will result in unequal treatment of citizens of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That enforcement of City of Miami Beach Ordinance No. 92-2777 which requires registration and financial disclosure by all persons and entities engaging in lobbying activities within the City of Miami Beach is hereby suspended until June 3, 1992. SECTION 2. EFFECTIVE DATE. Pursuant to section 9 of the Miami Beach City Charter this emergency ordinance shall become effective immediately upon passage. PASSED and ADOPTED this 6th day of ATTEST: "lG~c:~ ~-, ~"6~ CITY CLERK (SWS:scf)lobby.ord Passed and Adopted as an Emergency Measure - May 6, 1992 fORM APPROVED LEGAL DEPT. 1 ,- /J//~ I Iy :;t<<.uita.. /r, .!J~P-ait,1 late .5" - 6"-1'2. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 3JS-92. DATE: May 6, 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: R?1le:fbE"~;r, I Laurence Feingold I. IP.(// City J1:'tt~tlH{/l:::::::: City Attorney ; '\ ~ SUBJECT: LOBBYING ORDINANCE NO. 92-2777/WORXSHOP SESSION RECOMMENDATIONS: That the City commission schedule an orientation workshop on the scope and ramifications of the lobbyist ordinance and a~so to address the concerns that have been brought to the attention of the administration and legal department. BACKGROUND: Soon after the Mayor and City commission's orientation session with the Legal Department and the City Clerk's Office, Commissioner Neisen Kasdin requested that the city consider a lobbying ordinance modeled after that of Metropolitan Dade County. A draft ordinance was presented to the Mayor's Transition Team's Ethics Committee, and after deliberation by that body with input from commissioner Kasdin, an ordinance was presented to the City commission which was unanimously adopted on March 4, 1992. After the ordinance went into effect, concerns arose from several quarters as to various aspects of our.lobbying ordinance requirements. Potentially broad applications of the ordinance as presently constituted creates substantial consternation as the ordinance is interpreted by the City Attorney and the City Clerk. Specific areas of concern include the following: 1. Where parties or their lawyers appear before the City in a quasi-criminal setting against their will (~, Code Enforcement Board hearings, Special Master hearings). 2. Corporations or persons who have contractual relations with the city (~, Greater Miami Convention Bureau, SMG Management Company) . 3. Charitable, non-profit organizations or public service corporations (~, Miami Beach Historic Preservation/Design Review Board, Homeowners Association, Chamber of Commerce, etc.). 6 AGENDA ITEM - \ 5-(~-q z.. DATE 4. Ministerial matters sought by private persons in their own rights for their benefit. In addition, concern has been addressed regarding the administrative costs of enforcing this ordinance. The city Clerk has stated that the $25 fee does not currently offset the costs incurred by his department. The County fee schedule includes a ~125 fee bi~nnially for lobbyists as well as the $25 fee for single l.ssues. CONCLUSION: This matter has been placed on the agenda for discussion in order to set a time and date for the workshop. In addition to having orientation, at such workshop the City commission may discuss any amendments to the ordinance in order to address citizen and administration concerns. RC:LF/cnm misc4.cm5-6-92.jcd , ..~. 7