2009-3634 OrdinanceORDINANCE NO.
2009-3634
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 2 ENTITLED "OFFICERS,
EMPLOYEES AND AGENCY MEMBERS," SECTION 2-459 ENTITLED
"CERTAIN APPEARANCES PROHIBITED," BY AMENDING
SUBSECTION (b) THEREOF ESTABLISHING THIS CODE SECTION'S
EXCLUSION FOR LOBBYISTS WHO REPRESENT NON-PROFIT
ENTITIES WITHOUT SPECIAL COMPENSATION BY NARROWING
THIS EXCLUSION TO ONLY CERTAIN REPRESENTATIVES OF NON-
PROFIT ENTITIES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
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 2 entitled "Officers
Employees and Agency Members," Section 2-459 thereof entitled "Certain Appearances
Prohibited," is hereby amended to read as follows:
Sec. 2-459. Certain appearances prohibited.
(a) No member of a city board, agency or committee or a member of any board, agency or
committee created hereafter which is designated as a board, agency or committee subject to
the purview of this section shall:
(1) Either directly or through an associate, appear, represent or act on behalf of a third person
before the city commission or any city agency with respect to any agency action sought by the
third person.
(2) Either directly or through an associate be engaged as a lobbyist for and on behalf of a third
person with respect to any official action by any public officer sought by such third person.
(b) Definitions. As used in this section, the following definitions shall apply:
Agency means any board, commission, committee or authority of the city, whether advisory, ad
hoc or standing in nature.
Associate means any person or entity engaged in or carrying on a business enterprise with a
city agency member as a partner, joint venturer, or co-corporate shareholder where the shares
of such corporation are not listed on any national or regional stock exchange or co-owner of
property. Associate shall further include a business affiliation with a city agency member where
an "employee" or "of counsel" relationship exists.
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 of the
following: (1) ordinance, resolution, action or decision of any commissioner; (2) any action,
decision, or recommendation of any city board or committee; or (3) any action, decision or
recommendation of the city manager, deputy city manager, assistant city managers, all
department heads, all division heads, city attorney, chief deputy city attorney, deputy city
attorneys, and/or all assistant city attorneys (except when such personnel are acting in
connection with administrative hearings) 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 agency. "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 within the normal scope of
employment of such agent, attorney, officer or employee.
For purposes of this section, and with limited applicability to those Agencies that are
not standing in nature, "lobbyist" shall exclude any person who only appears as a
representative of a not for profit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of
commerce 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.
For purposes of this section, and with limited applicability to those Agencies that are
standing in nature:
~ lobbying by a board, agency or committee member shall be permitted when
such person is affiliated with a not for profit corporation or entity (such as a
charitable organization, a neighborhood or homeowner association, a local
chamber of commerce or a trade association or trade union) in a capacity other
than as a managerial employee and appears as a representative of that
particular not for profit corporation or entity without special compensation or
reimbursement for the appearance, whether direct, indirect or contingent, to
express support of or opposition to any item.
lobbying by the associate of a board, agency or committee member shall be
permitted:
when a board, agency or committee member is affiliated with a not
for profit corporation or entity in a capacity other than as a
managerial employee, and the subiect associate is appearing as a
representative of that particular not for profit corporation or entity
without special compensation or reimbursement for the
appearance, whether direct, indirect or contingent, to express
support of or opposition to any item.
ii when a board, agency or committee member is a managerial
employee of a not for profit corporation or entity, and the subiect
associate is appearing as a representative of that particular not for
profit corporation or entity without special compensation or
reimbursement for the appearance, whether direct, indirect or
contingent, to express support of or opposition to any item and is
affiliated with said not for profit corporation or entity in a capacity
other than as a managerial employee.
~ The term "managerial employee" shall mean any employee of anon-profit
corporation or entity who has supervision and operational
responsibilities/control of all or some departments of said entity.
Public officer means any person elected or appointed to hold office in the city, as a member of
an agency which shall include an advisory body.
SECTION 2. The amendments set forth above shall apply to those board, agency or
committee members elected or appointed/re-elected or re-appointed subsequent to the effective
date of this Ordinance.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict or otherwise redundant herewith, be and
the same are hereby repealed.
SECTION 4. 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 5. 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 6. EFFECTIVE DATE.
This Ordinance shall take effect the 2nd day of May , 2009.
PASSED and ADOPTED this 22nd day of April , 2009.
ATTEST:
Matt Herrera Bower mayor
Robert Parcher
City Clerk
(Requested by Commissioner Victor Diaz and recommended by the Neighborhood/Community
Affairs Committee.)
F:\atto\OLIJ\ORDINANCES\Certain Appearances Prohibited 03-09.doc
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OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower SECOND READING
Members of the City Commission
City Manager Jorge Gonz z
FROM: Jose Smith
City Attorney
DATE: April 22, 2009
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 2 ENTITLED "OFFICERS, EMPLOYEES AND AGENCY
MEMBERS," SECTION 2-459 ENTITLED "CERTAIN APPEARANCES
PROHIBITED," BY AMENDING SUBSECTION (b) THEREOF ESTABLISHING THIS
CODE SECTION'S EXCLUSION FOR LOBBYISTS WHO REPRESENT NON-
PROFIT ENTITIES WITHOUT SPECIAL COMPENSATION BY NARROWING THIS
EXCLUSION TO ONLY CERTAIN REPRESENTATIVES OF NON-PROFIT
ENTITIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Victor Diaz and as recommended by the
Neighborhood/Community Affairs Committee at its March 11, 2009 meeting, the attached Ordinance
reflects proposed amendments to Miami Beach City Code section 2-459 "Certain Appearances
Prohibited"-this section of the City Code presently prohibits City Agency members from directly or
indirectly lobbying City personnel, with the sole exception being when a person lobbies on behalf of a
non-profit entity without special compensation. The subject amendments will amend this exception
as follows, with limited applicability to City Agencies which are standing in nature:
--direct lobbying by city agency members shall only be permitted when the agency member is
affiliated with anon-profit entity in a capacity other than as a managerial employee (as said term is
specifically defined in Ordinance);
--indirect lobbying by an associate of a city agency member shall only be permitted when:
1. the agency member is affiliated with the non-profit in a capacity other than managerial employee
and the associate who is lobbying on behalf of that non-profit does so without special compensation
for that appearance; or
2. the agency member is a managerial employee of the non-profit and the associate who is
lobbying for that entity is affiliated with it in a capacity other than as a managerial employee.
These amendments shall apply prospectively, to those city agency members appointed/elected or
reappointed/reelected subsequent to the effective date of the attached Ordinance. This Ordinance
was approved by the City Commission on First Reading on March 18, 2009, and is now presented to
the City Commission on second and final reading.
Agenda Item BSc
Date y-aa - t~ ~
F:\atto\OLIJ\CMEMO\Certain appearances prohibited -Sec 2-459 (4-09).doc
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