92-2777 Ordinance
ORDINANCE NO.
92-2777
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING ARTICLE III OF CHAPTER
2 OF THE CODE OF ORDINANCES OF THE CITY OF MIAMI BEACH
ENTITLED "STANDARDS OF CONDUCT FOR CITY OFFICERS AND
EMPLOYEES" BY ADDING SUBSECTION 2-48 ENTITLED "LOBBYING",
PROVIDING DEFINITIONS AND REQUIRING REGISTRATION AND
FINANCIAL DISCLOSURE BY ALL ENGAGED IN LOBBYING
ACTIVITIES; PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, all cit.izens of the City of Miami Beach have the
right to ]mml how their (~lected and appointed officials 1'lClke
decisions and carry out their functions in a manner that guarantees
all actions are taken in the best interests of the City;
and
WHEREAS, this right of the people to know includes
ascertaining the names of all parties having an interest in the
outcome of a legislative or administrative decision, and who meet
with the elected or appointed officials outside of the pUblic'S
view; and
WHEREAS, in order to continue to restore confidence in the
citizens of Miami Beach that the current Mayor and city Commission
will undertake reforms of past practices that sometimes left in
doubt the fairness, openness and honesty of Government, the Mayor
and City commission wish to pass into law measures to assure that
special interests do not obtain a greater voice in the decisions of
the City than the voice an~ opinion held by any individual.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
The following definitions shall apply for purposes
of this new section 2-48:
(a) The term "commissioners" shall refer to the Mayor and
members of the city commission.
(b) The term "autonomous personnel" shall include but not be
limited to the members of the Housing Authority, Personnel Board,
Pension Boards, and such other autonomous or semi-autonomous
authorities, boards and agencies as are entrusted with the day-to-
day policy setting, operation and management of certain defined
functions or areas of responsibility.
(c) The term "quasi-judicial personnel" shall refer to the
members of the Planning Board, the Board of Adjustment and such
other boards and agencies of the City that perform such quasi-
judicial functions.
(d) The term "advisory personnel" shall refer to the members
of those city boards and agencies whose sole or primary
responsibility is to recommend legislation or give advice to the
City Commissioners.
(e) The term "departmental personnel" shall refer to the City
Manager, all Assistant city Managers, all department heads, the
City Attorney, Chief Deputy City Attorney and all Assistant City
Attorneys.
SECTION 2.
The term "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 (1)
ordinance, resolution, action or decision of any Commissioner; (2)
any action, decision, recommendation of any city board or
committee; or (3) any action, decision or recommendation of any
personnel defined in any manner above, 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 board or committee. "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
wi thin the normal scope of employment of such agent, attorney,
officer or employee.
SECTION 3.
All lobbyists shall, before engaging in any lobbying
activities, register with the City Clerk. Every person required to
so register shall (a) register on forms prepared by the clerk, (b)
pay a registration fee of twenty-five dollars and (c) state under
oath his or her name, business address, the name and business
address of each person or entity which has employed said registrant
to lobby, the Commissioner or personnel sought to be lobbied and
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the specific issue on which he or she has been employed to lobby.
Any change to any information originally filed, or any additional
city Commissioner or personnel who are also sought to be lobbied
shall require that the lobbyist file an amendment to the
registration forms, although no additional fee shall be required
for such amendment (s) . The lobbyist has a continuing duty to
supply information and amend the forms filed throughout the period
for which the lobbying occurs. If the lobbyist represents a
corporation, partnership or trust, the chief officer, partner or
beneficiary shall also be identified. without limiting the
foregoing, the lobbyist shall also identify all persons holding,
directly or indirectly, a five percent (5%) or more ownership
interest in such corporation, partnership, or trust. Separate
registration shall be required for each principal represented on
each specific issue. Such issue shall be described with as much
detail as is practical, including but not limited to a specific
description where applicable of a pending request for a proposal,
invitation to bid, or public hearing number. The City Clerk shall
reject any registration statement which does not provide a
description of the specific issue on which such lobbyist has been
employed to lobby. Each person who withdraws as a lobbyist for a
particular client shall file an appropriate notice of withdrawal.
In addition to the matters addressed above, every registrant shall
be required to state the extent of any business, financial,
familial, or professional relationship, or other relationship which
gives rise to an appearance of an impropriety, with any current
city commissioner or personnel defined above who is sought to be
lobbied as identified on the lobbyist registration form filed. The
registration fees required by this subsection shall be deposited by
the clerk into a separate account and shall be expended only to
cover the costs incurred in administering the provisions hereof.
There shall be no fee required for filing a notice of withdrawal
and the city Manager shall waive the registration fee upon a
finding of financial hardship, based upon a sworn statement of the
applicant. Any person who only appears as a representative of a
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not for profit corporation or entity (such as a charitable
organization, a neighborhood association, 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, shall register with the clerk
as required by this subsection, but, upon request, shall not be
required to pay any registration fees. copies of registration
forms shall be furnished to each Commissioner or other personnel
named on the forms.
SECTION 4.
Any public officer, employee or appointee who appears only in
his or her official capacity shall not be required to register as
a lobbyist.
SECTION 5.
Any person who only appears in his or her individual capacity
for the purpose of self-representation without compensation or
reimbursement, whether direct, indirect or contingent, to express
support of or opposition to any item, shall not be required to
register as a lobbyist.
SECTION 6.
commencing July 1, 1992, and on July 1 of each year
thereafter, the lobbyist shall submit to the City Clerk a signed
statement under oath listing all lobbying expenditures in the city
of Miami Beach for the preceding calendar year. A statement shall
be filed even if there has been no expenditures during the
reporting period.
The clerk shall publish logs on a quarterly and an annual
basis reflecting the lobbyist registrations which have been filed.
All logs required by this ordinance shall be prepared in a manner
substantially similar to the logs prepared for the Florida
Legislature pursuant to section 11.045, Florida Statutes.
All members of the city commission, and all city personnel
defined herein shall be diligent to ascertain whether persons
required to register pursuant to this subsection have complied.
Commissioners or city personnel may not knowingly permit themselves
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to be lobbied by a person who is not registered pursuant to this
subsection to lobby the commissioner, or the relevant committee,
board or city personnel.
The City Attorney shall investigate any person engaged in
lobbying activities who are reported to be in violation of this
section.
The city Attorney shall report the results of the
investigation to the City commission. Any alleged violator shall
also receive the results of any investigation and shall have the
opportunity to rebut the findings, if necessary, and submit any
written material in defense to the City commission.
The City
Commission may reprimand, censure, suspend or prohibit such person
from lobbying before the commission or any committee, board or
personnel of the city.
SECTION 7.
REPEALER
That all ordinances, resolutions or parts of ordinances or
resolutions in conflict be and the same are hereby repealed.
SECTION 8.
SEVERABILITY
If any section, sub-section, sentence, clause, phrase or
portion of this ordinance is for any reascn, held invalid or
unconstitutional by court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not effect the validity of the remaining
portions of this ordinance.
SECTION 9.
EFFECTIVE DATE
That this ordinance shall take effect ten (10) days after its
adoption on
March 14
PASSED and ADOPTED this
1992.
ATTEST:
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CITY CLERK
1st reading 2/19/92
JCD/CNM 2nd reading 3/4/92
JCD/LF A:\1-27-92.0RD
(Sponsored by Commissioner Neisen o. Kasdin)
corrected 3/12/92
FORM APPROVED
LEGAL DEPT.
By
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OFFICE OF THE CITY ATTORNEY
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MIAMI BEACH, rLCPIDA 33' '0.lC'
TELEPHONE :.3051 673.7~7.'
TELECOPV ,305, ',-:i.-C:'
LAURENCE FEINGOLD
COMMISSION MEMORANDUM
NO. q!J ..9~
TO:
MAYOR SEYMOUR GELBER AND
MEMBERS OF THE CITY COMMISSION
CITY MANAGER CARLA BERNABEI TALARICO
FROM:
LAURENCE FEINGOLD
City Attorney
RE:
LOBBYING REGISTRATION ORDINANCE
DATE:
FEBRUARY 13, 1992
Pursuant to Commissioner Kasdin' s request and sponsorship,
attached please find an ordinance which establishes procedures and
requirements'for the registration of lobbyists in the City of Miami
Beach. The ordinance, which was modeled after that of Dade
County's, has been extensively reviewed by the Transition Team
Ethics Committee.
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