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LTC 348-2016 City of Miami Beach Campaign Finance Laws -- Candidate Restrictions MIAMI BEACH OFFICE OF THE CITY ATTORNEY LETTER TO COMMISSION LTC No. 348-2016 TO: Mayor Philip Levine and Members of the City Commission FROM: Raul J. Aguila, City Attorney , ( - DATE: August 24, 2016 SUBJECT: City of Miami Beach Campaign Finance Laws--Candidate Restrictions In light of the City Commission's recent amendments to Miami Beach's Campaign Finance laws, this Memorandum has been prepared in order to provide a brief outline of such laws' applicability to candidates for elected office in the City of Miami Beach and their campaign committees. The subject Code proscription is summarized as follows: Candidates for the offices of Miami Beach Mayor or City Commissioner as well as their campaign committees may not directly or indirectly solicit, accept or deposit into such candidate's campaign account any campaign contribution from a vendor, real estate developer', and/or their lobbyists. The following chart sets forth the Code's prohibited actions, as well as those actions not otherwise prohibited, applicable to City candidates and their campaign committees: PROHIBITED ACTIONS ACTIONS NOT PROHIBITED May not "directly" (i.e., the candidate May directly solicit, accept or deposit into a him/herself) solicit, accept or deposit into candidate's campaign account a campaign that candidate's campaign account a contribution from a donor, so long as the campaign contribution from a vendor, real donor is not a vendor, real estate estate developer, or lobbyist of a vendor or developer, or lobbyist of a vendor or real real estate developer. estate developer. NOTE: Candidates and their campaign committees are directed to make The terms "vendor" and "real estate developer" are specifically defined in the City Code and only those persons/entities falling within those definitions are subject to the City's campaign finance restrictions. See, City Code section 2-487(4) defining the term "vendor", and City Code section 2-489(4) defining the term "real estate developer". Letter to Commission—City of Miami beach Campaign Finance Laws August 24, 2016 Page 2 reasonable efforts to ensure that potential donors solicited on a wide-scale basis (such as open invitations to a particular class of invitees, or solicitations via e-mail blasts) do not include City vendors, real estate developers, or their lobbyists2. May not "indirectly" (i.e. through a third May indirectly solicit, accept or deposit a party, where the candidate has campaign contribution into a candidate's coordinated with, or directed another campaign account from a donor, so long person/entity to act) solicit, accept or as the donor is not a vendor, real estate deposit into that candidate's campaign developer, or lobbyist of a vendor or real account) a campaign contribution from a estate developer. vendor, real estate developer, or lobbyist NOTE: Candidates and their campaign of a vendor or real estate developer. committees are directed to make reasonable effort to ensure that those potential donors solicited on a wide-scale basis (such as open invitations to a particular class of invitees, or solicitations via e-mail blasts) do not include City vendors, real estate developers or their lobbyists. May not directly or indirectly solicit a May directly or indirectly solicit a vendor, vendor, real estate developer, or lobbyist real estate developer, or lobbyist of a of a vendor or real estate developer for a vendor or real estate developer, for a campaign contribution to a political campaign contribution to an electioneering committee (PAC)3 that supports or communication organization (ECO), to a opposes candidates for City elected office. PAC which does not support or oppose candidates for City elected office, or to a candidate for office other than City Mayor or Commissioner. NOTE: The City Code prevents candidates 2 Were a candidate, in the midst of a wide-scale solicitation, to inadvertently solicit a vendor, real estate developer, or their lobbyist, such action would constitute a per se violation of the City's Code, subject to review by the Miami-Dade County Ethics Commission. In such situation, the Ethics Commission would consider all reasonable efforts made by the candidate to pre- determine whether such prohibited donors would be within the class of persons targeted for solicitation, as well as all efforts made by the candidate to mitigate the prohibited solicitation (such as timely correspondence withdrawing requests for contributions and/or returning such contributions). 3 The City's Ordinance expressly provides that the term "political committee" is defined in accordance with Florida Statutes, Chapter 106, and that the term "candidate" is defined in accordance with Florida Statutes, Section 97.021(5). We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. • Letter to Commission—City of Miami beach Campaign Finance Laws August 24, 2016 Page 3 for City office from soliciting campaign contributions on behalf of a PAC when that PAC supports/opposes candidates for City elected office BUT does not prohibit a City candidate from otherwise associating with or serving as an officer of a political committee, regardless of whether that PAC does or does not support/oppose candidates for City elected office. May not solicit, accept or deposit into a Once this verification process has candidate's campaign account a campaign occurred and the candidate and/or his contribution from a potential donor without campaign committee has confirmed that a first checking the City's website, as well as potential donor is not a vendor, real estate verifying with the City's Procurement developer, or a lobbyist for a vendor or Division, the "vendor" status of any real estate developer, the candidate and potential donor, verifying with the City his campaign committee may then solicit, Clerk's records department the "real estate accept or deposit into the candidate's developer" status of any potential donor, campaign account a campaign contribution and verifying with the City Clerk's records from the subject potential donor. whether a potential donor is a "lobbyist" for a vendor or real estate developer. The above is intended as an overview of the City's Campaign Finance Laws' applicability to candidates for City office. Should you have any specific questions pertaining to this matter or otherwise wish to discuss the above issues in greater detail, please do not hesitate to contact me. RJA/jo/ag F:WTTO\AGUR\LETTER TO COMMISSION\LTC-Candidate Restrictions 08-24-2016.docx We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.