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LTC 447-2017 Resolution of the Miami-Dade Commission on EthicsMIAMI BEACH OFFICE OF THE C!TY CLERK LTC No. 447-2017 LETTER TO COMMISSION To: Mayor Philip Lev�ne and Members of the City Commission FROM: Rafae! E. Granado, City Clerk; Raul J. Aguila, City Attorne n� �� `'�' . DATE: August 30, 2017 SUa�ECT: Resolution of the Miami-Dade Commission �n E�hi�� and Public Trust Concerning Lobbyist Fines Attached please find a resolution from the Miami-Dade County Commission on Ethics and Public Trust (COE) restating its position concerning the implementation of fines against lobbyists who fail to file a timety expendit�re and compensation statement. Currently, Sec. 2-485 of the Miami �e�ch City Code states that lobbyists must file an expenditure and compensatior� statement by February 28th each year, even if there have been no expenditures or compensation during the reporting period. Reports filed after the due d�te are assessed a fine of $50.00 per day; per issue. The COE has determined that it will be their position and practice to waive all fines imposed on lobbyists by the City of Miami Beach for f�iling to file a timely statement if no expenditures or compensation was incurred during the reporting period. The COE has requested the City Clerk of the City of Miami �each to waive any fines on lobbyists for failure to file a timely expenditure and compensation statement during periods in which they have not incurred any reportable expenditures or compensation, and limit enforcement actions to any available non-monetary penalties or other reasonable administrative enfarcement to ensure compliance with the reporting requirement. As a result of the COE's request, the Office of the City Clerk will not refer any cases to the COE in which expenditures and/or compensation were not incurred during the reporting period. However, any individual who fails to submit their statement in accordance to the reporting requirement will continue to be placed into a suspended status until the statement is received. The Office of the City Clerk will continue to fine lobbyists that submit the required statement(s) beyond the due date where expenditures and/or compensation have been incurred during the reporting period. If you have any questions regarding this matter, please contact the �ffice of the City Clerk at 305.673.7411. REG/js Attachment F:ICLERI�P.LLILobb:usr �oi�fer1�08�'✓IS71LTCsILTC CC:= F<�s-�lu'rron.docx We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community RESOLUTION OF THE MIAMI-DADE COMMISSION ON ETHICS AND PUBLIC TRUST RESTATING ITS POSITION CONCERNING THE IMl'OSITION OF FINES AGAINST REGISTERED COUNTY LOBBYISTS FOR THE OFFENSE OF FAILING TO TIMELY FILE LOBBYING EXPENDITURE REPORTS DURING PERIODS WHEN THEY HAVE NO SUCH EXPENDITURES TO REPORT AND REQUESTING THAT THE CITY OF MIAMI BEACH ADOPT A CONSISTENT POLICY IN CONN-ECTION WITH THE OFFENSE BY CITY LOBBYISTS OF FAILING TO TIMELY FILE EXPENDITURE AND COMPENSATION STATEMENTS WHEREAS, the Miami-Dade Commission on Ethics and Public Trust (COE) has previously requested that the Miami-Dade County Commission amend the County's lobbying ordinance to remove the requirement that Miami-Dade County lobbyists file a lobbyist expenditure report during reporting periods when they have not incurred any reportable expenditures; and WHEREAS, Miami-Dade County Commission has adopted an ordinance amending Section 2-11.1(s) of the Miami-Dade Ethics Ordinance, removing said requirement; and WHEREAS, it remains the position of the COE that the insignificance of such offenses does not warrant the use of public resources necessary to investigate such offenses; to administratively impose fines for such offenses; or to hear appeals for the imposition of such fines; and WHEIZEAS, the COE has found that the imposition of fines by the City of Miami Beach amounting to $50 per day for the offense of failing to timely file an annual lobbyist expenditure and compensation statement for a period during which no expenditures or compensation were incurred by the lobbyist has resulted in the imposition of excessive and draconian fines against lobbyists; and WHEREAS, it has been the position and practice of the COE to waive or drastically reduce on appeal all fines imposed by the City of Miami Beach for the offense of failing to file an annual lobbyist expenditure and compensation statement for a period during which no reportable expenditures or compensation were incurred by the lobbyist; and WHEREAS, the COE believes it is in the best interests of Miami-Dade County and the City of Miami Beach to have consistent policies on this issue, and that such consistency may be achieved by the administrative waiver of fines for the failure to timely file an expenditure and compensation statement for a period during which no reportable expenditures or compensation have been incurred, Now, therefore, be it further Resolved, that: 1. It will be the position and practice of the COE to waive all fines imposed by the City of Miami Beach for the offense of failing to timely file an annual lobbyist expenditure and compensation statement for any period during which no expenditures or compensation were incurred by the lobbyist; and 2. The City Clerk of the City of Miami Beach be and is hereby requested to waive the imposition of fines against lobbyists who fail to timely file expenditure and compensation statements during periods in which they have not incurred any reportable expenditures or compensation; and 3. The City Clerk of the City of Miami Beach be and is hereby requested to limit actions taken in enforcement of the reporting requirement in such circumstances to any available non-monetary penalties or other reasonable administrative enforcement action available to ensure compliance with the expenditure and compensation reporting requirement under its lobbying ordinance; and 4. A copy of this Resolution shall be forwarded forthwith to the City Clerk and City Attorney of the City of Miami Beach. Adopted this �" �. day of ��� , 2017 TI�E MI DADE COl��NIISSION ON ETHIC PUBLIC TRUST � Je frey C t r, Vice-Chair, Acting Chair