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.
S E C T I O N 2 . RE P E A L E R.
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 Comm ission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall becom e 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. k
This Ordinan ce shall tak e effect the day or July _,2017. --- ---7-~----
PASSED and AD OPTED this 2
ATTEST:
day of ---------,,F- Jore
Phili
Ma
Rafael E. Granado
City Clerk
, 21
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Requested by Comm issioner Joy Malakoff
* Clerk's Note:
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APPROVED AS TO
FORM & LANGUAGE
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CMB Ord. 2017-4110, originally adopted on
June 28, 2017, was per Motion to Reconsider
approved on July 26, 2017, reconsidered by
City Commission on September 25, 2017 and
adopted that day, effective October 5, 2017.
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
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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
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