HomeMy WebLinkAboutI-1 Ordinance: Lobbyist RegistrationCity of ~Vliami ~ard~ens
1515-200 NW 167~' Street
Miami Gardens, Florida 33169
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell Jr.
Councilman Andr~ Williams
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Aqenda Cover Paqe
Date: April 25, 2007
Fiscal Impact: No ^ Yes ^
Public hearing oX
Ordinance ^
Quasi-Judicial ^
Resolution ^
(If yes, explain in Staff Summary)
Funding Source:
ContracUP.O. Requirement: Yes ^ No^X
Sponsor Name/Department:
Attorney Dickens
1 st Reading ^ 2nd Reading X^
Advertising requirement: Yes X^ No ^
RFP/RFQ # Yes ^ No ^
Title
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS REPEALING ORDINANCE NO. 2004-02-118 ("LOBBYIST
REGISTRATION") 1N ITS ENTIRETY; CREATING NEW REGULATIONS FOR
LOBBYISTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE FILING
OF CERTAIN REPORTS; PROVIDING FOR PENALTIES;
Staff Summary
On January 28, 2004, the City Council adopted Ordinance No. 2004-02-18,
relating to Lobbyist Registration. There is a need to clarify when persons
must register as lobbyist and under what circumstances. One important
clarification that has been made is that everyone who represents a principal
unless they are an employee of that principal must register before they meet
with any City of Miami Gardens staff members, City Officials or appear
before the City Council. Attached is a proposed ordinance repealing
Ordinance No. 2004-02-18. This ordinance provides for a clarification of
lobbyist; provides for certain exclusions; requires that lobbyist register and
pay a registration fee; require that certain reports be filed, and will require
for a penalty in certain instances.
RECOMMENDATION: That the Council adopt this ordinance
I-1) 2~ READING
ORDINANCE
LOBBYIST REGISTRATIN
1 ORDINANCE NO. 2007-
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
4 GARDENS REPEALING ORDINANCE NO. 2004-02-118 ("LOBBYIST
5 REGISTRATION") IN ITS ENTIRETY; CREATING NEW REGULATIONS
6 FOR LOBBYISTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR
7 THE FILING OF CERTAIN REPORTS; PROVIDING FOR PENALTIES;
8 PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR A
9 SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, on January 28, 2004 the City Councii adopted Ordinance No. 2004-
12 02-18 relating to Lobbyist Registration, and
13 WHEREAS, there is a need to clarify when persons must register as lobbyists
14 and under what circumstances, and
15 WHEREAS, the proposed Lobbyist Registration Ordinance will clarify the
16 definition of lobbyist; provide for certain exclusions; require that lobbyist register and
17 pay a registration fee; require that certain reports be filed; and will require for a penalty
18 in certain instances,
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
20 OF MIAMI GARDENS, FLORIDA, as follows:
21 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
22 Clauses are hereby ratified and confirmed as being true, and the same are hereby
23 made a specific part of this Ordinance.
24 SECTION 2. REPEAL: Ordinance No. 2004-02-18 is hereby repealed in its
25 entirety.
26 SECTION 3. LOBBYIST REGISTRATION: An Ordinance requiring lobbyist
27 registration is hereby created as follows:
28
29 Sec. 1. Definitions.
1
1
2 The following words, terms and phrases, when used in this division,
3 shall have the meanings ascribed to them in this section, except
4 where the context clearly indicates a different meaning:
5
6 A. Advisory personnel means the members of those city boards
7 and agencies whose sole or primary responsibility is to
8 recommend legislation or give advice to the city council
9 members.
10
11 8. Autonomous personnel includes but is not limited to the
12 members of the housing authority, personnel board, pension
13 boards, and such other autonomous or semi-autonomous
14 authorities, boards and agencies as are entrusted with the
15 day-to-day policy setting, operation and management of
16 certain defined functions or areas of responsibility.
17
18 C. Council members mean the mayor and members of the city
19 council.
20
21 D. Community based organization means a not-for-profit
22 association or corporation organized under state or local law
23 to engage in community development activities (including,
24 but not limited to, housing and economic development
25 activities) and has as its primary purpose the improvement of
26 the physical, economic or social environment by addressing
27 one or more of the critical needs of the area, with particular
28 attention to the needs of people with low or moderate
29 incomes.
30
31 E. Departmental personnel means the city manager, all
32 assistant city managers, all department heads, division
33 heads, the city attorney and all assistant city attorneys;
34 however, all departmental personnel when acting in
35 connection with administrative hearings shall not be included
36 for purposes of this division.
37
38 F. Lobbyist means all persons employed or retained, whether
39 paid or nat, by a principal who seeks to encourage the
40 passage, defeat or modification of any ordinance, resolution,
41 action or decision of any councilmember; any action,
42 decision, recommendation of the city manager or any city
43 board or committee; or any action, decision or
44 recommendation of any city personnel defined in any
45 manner in this section, during the time period of the entire
46 decision-making process on such action, decision or
2
1 recommendation that foreseeably will be heard or reviewed
2 by the city council, or a city board or committee. The term
3 "lobbyist" specifically excludes the principal as well as any
4 employee of the principal engaged in lobbying activities. The
5 term shall also exclude the following persons:
6
7 1. Expert witnesses who provide only scientific, technical or
8 other specialized information or testimony in public
9 meetings; any person who only appears as a representative
10 of a neighborhood association without compensation or
11 reimbursement for the appearance, whether direct, indirect
12 or contingent, to express support of or opposition to any
13 item; and any person who only appears as a representative
14 of not-for-profit community based organization for the
15 purpose of requesting a grant without special compensation
16 or reimbursement for the appearance.
17
18 2. Any public officer, employee or appointee or any person or
19 entity in contractual privity with the city who only appears in
20 his official capacity shall not be required to register as a
21 lobbyist.
22
23 3. Any person who only appears in his individual capacity, for
24 the purpose of self-representation without compensation or
25 reimbursement, whether direct or indirect, to express support
26 of or opposition to any item, shall not be required to register
27 as a lobbyist, including but not limited to those who are
28 members of homeowner or neighborhood associations.
29
30 4. Any person requested by the city to appear before any city
31 personnel, board or council, or any person compelled to
32 answer for or appealing a code violation, a nuisance
33 abatement board hearing, a special master hearing or an
34 administrative hearing shall not be required to register, nor
35 shall any agent, attorney, officer or employee of such
36 person.
37
38
39 G. Homeowner/Neighborhood association means an
40 organization of residential homeowners and tenants created
41 to address quality of life issues in a defined neighborhood or
42 community.
43
44 H. Quasi judicial personnel means the city council and such
45 other boards and agencies of the city that perform such
46 quasi-judicial functions. Code enforcement hearings and
3
1 other administrative hearings shall not be included for
2 purposes of this division as to those individuals compelled to
3 appear before said agencies.
4
5 Sec. 2. Reqistration.
6
7 (a) All lobbyists shall, before engaging in any lobbying activities,
8 register with the city clerk. Every person required to register
9 shall register on forms prepared by the clerk, pay a one-time
10 annual registration fee of $250.00, shall and state under
11 oath:
12
13 (1) His or her name;
14 (2) His or her business address;
15 (3) The name and business address of each person or entity,
16 which has employed the registrant to lobby;
17 (4) The councilmember or personnel sought to be lobbied;
18 (5) The specific issue on which he has been employed to lobby;
19 and
20 (6) The terms and amount of compensation to be paid by each
21 principal to the lobbyist with regard to the specific issue on
22 which the lobbyist has been engaged to lobby.
23
24 (b) Any change to any information originally filed, or any
25 additional city councilmember or personnel who are also
26 sought to be lobbied shall require that the lobbyist file an
27 amendment to the registration forms, although no additional
28 fee shall be required for such amendment. The lobbyist has
29 a continuing duty to supply information and amend the forms
30 filed throughout the period for which the lobbying occurs.
31
32 (c) If the lobbyist represents a corporation, partnership or trust,
33 the chief officer, partner or beneficiary shall also be
34 identified. Without limiting the foregoing, the lobbyist shall
35 also identify all persons holding, directly or indirectly, a five
36 percent or more ownership interest in such corporation,
37 partnership, or trust.
38
39 (d) Separate registration shall be required for each principal
40 represented on each specific issue. However, a separate
41 fee shall not be required for each principal. Such issue shall
42 be described with, as much detail as is practical, including
43 but not limited to a specific description where applicable of a
44 pending request for a proposal, invitation to bid, or public
45 hearing number.
46
4
1 (e) Each person who withdraws as a lobbyist for a particular
2 client shall file an appropriate notice of withdrawal.
3
4 (fl All lobbyists shall be required to register prior to October 1st
5 of each year. In the event registration occurs after October
6 1St, the registration fee shall not be prorated, and a new
7 registration fee shall be due and owing as of September 31St
8 of each year.
9
10 (g) Every registrant shall be required to state the extent of any
11 business, financial, familial or professional relationship, or
12 other relationship giving rise to an appearance of an
13 impropriety, with any current city councilmember or city
14 personnel who is sought to be lobbied as identified on the
15 lobbyist registration form filed.
16
17 (h) The registration fees required by subsections (a) and (fl of
18 this section shall be deposited by the clerk into a separate
19 account and shall be expended for the purpose of recording,
20 transcribing, administration, and other costs incurred in
21 maintaining these records for availability to the public. There
22 shall be no fee required for filing a notice of withdrawal, and
23 the city council may in its discretion, waive the registration
24 fee upon a finding of financial hardship. Prior to conducting
25 any lobbying, all principals must file a form with the city clerk,
26 signed by the principal or the principal's representative,
27 stating under oath that the lobbyist is authorized to represent
28 the principal. Failure of a principal to file the form required by
29 the preceding sentence may be considered in the evaluation
30 of a bid or proposal as evidence that a proposer or bidder is
31 not a responsible contractor. Each principal shall file a form
32 under oath with the city clerk at the point in time at which a
33 lobbyist is no longer authorized to represent the principal.
34 Any person (except those exempt from the definition of
35 "lobbyist" as set forth in section 1 above) who only appears
36 as a representative of a not-for-profit corporation or entity
37 without special compensation or reimbursement for the
38 appearance, whether direct or indirect to express support of
39 or opposition to any item, shall register with the clerk as
40 required by this section but, shall not be required to pay any
41 registration fees. Copies of registration forms shall be
42 furnished to each councilmember or other personnel named
43 on the forms.
44
45 (i) All members of the city council and all city personnel shall be
46 diligent to ascertain whether persons required to register
5
1 pursuant to this section have complied. Council members or
2 city personnel may not knowingly permit themselves to be
3 lobbied by a person who is not registered pursuant to this
4 section to lobby the councilmember or the relevant
5 committee, board or city personnel.
6
7 (j) The city clerk shall publish logs on a quarterly and annual
8 basis reflecting the lobbyist registrations filed. All logs
9 required by this section shall be prepared in a manner
10 substantially similar to the logs prepared for the state
11 legislature pursuant to F.S. §11.045.
12
13 Sec. 3. List of expenditures; fee disclosure; reportinq
14 requirements.
15
16 (a) On or before October 1 of each year, lobbyists subject to
17 lobbyist registration requirements shall submit to the city
18 clerk a signed statement under oath as provided herein
19 listing all lobbying expenditures, as well as compensation
20 received, for the preceding calendar year with regard to the
21 specific issue on which the lobbyist has been engaged to
22 lobby. A statement shall be filed even if there have been no
23 expenditures or compensation during the reporting period.
24 The statement shall list in detail each expenditure by
25 category, including food and beverage, entertainment,
26 research, communication, media advertising, publications,
27 travel, lodging and special events.
28
29 (b) Each lobbyist and his/her principal shall, before engaging in
30 any lobbying activities, submit to the city clerk a joint signed
31 statement under oath disclosing the terms and amount of
32 compensation to be paid by each principal to the lobbyist
33 with regard to the specific issue on which the lobbyist has
34 been engaged to lobby. If no compensation will be paid
35 concerning the subject lobby services, a statement shall
36 nonetheless be filed reflecting as such.
37
38 (c) Attorneys licensed by the Florida Bar shall not be required to
39 divulge client confidences relating to their compensation.
40
41 (d) Any change to information originally filed shall require that
42 the lobbyist (and principal under subsection (b) above) file,
43 within three business days from such changed
44 circumstances, a signed statement under oath amending the
45 above-referenced reports; additionally, in the event official
46 action on the specific lobbied issue is scheduled to occur
6
1 during said three day period, the lobbyist and principal shall
2 prior to said official action, further disclose the amendment
3 by publicly stating on the record at which the official action is
4 to occur the subject amendment. The lobbyist and principal
5 have a continuing duty to supply accurate information and
6 amend said reports when so needed.
7
8 (e) The city clerk shall notify any lobbyist (or principal) who fails
9 to timely file the expenditure or fee disclosure reports
10 referenced in sections (a) and (b) above. In addition to any
11 other penalties, which may be imposed herein, a fine of
12 $50.00 per day shall be assessed for reports filed after the
13 due date. Any lobbyist who fails to file the required
14 expenditure report by December 1 shall be automatically
15 suspended from lobbying until all fines are paid, unless the
16 fine has been appealed to the Miami Dade County Ethics
17 Council.
18
19 (fl Upon the failure of a lobbyist (or principal) to file either of the
20 reports referenced above and/or pay the assessed fines
21 after notification, the violator shall be subject to any penalties
22
23 (g) In the event that a violation is found to have been committed,
24 the person shall be prohibited from lobbying before the City
25 council or any committee, board or personnel of the City on
26 the subject that resulted in a finding of a violation, and be
27 subject to the penalties set forth in this chapter. Additionally,
28 every lobbyist who is found to be in violation of this chapter
29 shall be prohibited from registering as a lobbyist or lobbying
30 in accordance with the following schedule:
31
32 (1) First violation for a period of one year from the date of
33 determination of violation;
34
35 (2) Second violation for a period of two years from the date of
36 determination of violation;
37
38 (3) Third violation for a period of three years from the date of
39 determination of violation.
40
41 Said penalties shall include admonition, public reprimand, fines, as
42 well as prohibitions from registering as a lobbyist or engaging in
43 lobbying activities before the city.
44
45 (h) A lobbyist (or principal) may appeal a fine and/or penalty and
46 may request a hearing before the City's Special Master. A request
7
1 for a hearing on the fine must be filed with the City Clerk's Office
2 within 15 calendar days of receipt of the notification of the failure to
3 file the required disclosure form. If the City demonstrates by
4 competent substantial evidence that a violation(s) occurred, the
5 Special Master shall confirm the fine and/or penalty. However, if the
6 City does not demonstrate by competent substantial evidence that
7 a violation(s) occurred, the Special Master shall waive the penalty
8 and/or fine.
9
10 (i) A bidder or proposer shall be subject to debarment if the
11 bidder or proposer were a contractor where the bidder or proposer
12 has violated this section either directly or indirectly or any
13 combination thereof, on three or more occasions. As used herein, a
14 "direct violation" shall mean a violation committed by the bidder or
15 proposer and an "indirect violation" shall mean a violation
16 committed by a lobbyist representing said bidder or proposer. A
17 contract entered into in violation of this division shall also render the
18 contract voidable. The city manager shall include the provisions of
19 this subsection in all city bid documents, RFP, RFQ, RFLI;
20 provided, however, that failure to do so shall not render any
21 contract entered into as the result of such failure illegal per se.
22
23 (j) Except as otherwise provided in subsection (a) herein, the
24 validity of any action or determination of the city council or city
25 personnel, board or committee, shall not be affected by the failure
26 of any person to comply with the provisions of this division.
27
28 Sec. 4. Prohibited lobbvinq activities.
29
30 Any person or entity retained as a lobbyist by the city is prohibited
31 from lobbying any city officer, departmental personnel or employee
32 in connection with any judicial or other proceeding, application,
33 RFP, RFO, RFLI, bid, request for ruling or other determination,
34 contract or controversy on behalf of a third party for the length of
35 the contract or other agreement between the lobbyist and the city.
36
37 Sec. 5. Continaencv fee prohibited.
38
39 No person or entity may, in whole or in part, pay, give or agree to
40 pay or give a contingency fee to another person. No person may, in
41 whole or in part, receive or agree to receive a contingency fee. As
42 used herein, "contingency fee" means a fee, bonus, council, or
43 nonmonetary benefit as compensation, which is dependent on or in
44 any way contingent on the passage, defeat, or modification of:
45
8
1 (a.) An ordinance, resolution, action or decision of the city
2 council;
3
4 (b.) Any action, decision or recommendation of the city manager
5 or any city board or committee; or
6
7 (c.) Any action, decision or recommendation of city personnel
8 during the time period of the entire decision-making process
9 regarding such action, decision or recommendation which
10 foreseeably will be heard or reviewed by the city council, or a
11 city board or committee.
12
13 SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith
14 are hereby repealed.
15 SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause,
16 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
17 any court of competent jurisdiction, such portion shall be deemed a separate, distinct
18 and independent provision and such holding shall not affect the validity of the remaining
19 portions of this Ordinance.
20 SECTION 5. INCLUSION IN CODE: It is the intention of the City Council of the
21 City of Miami Gardens that the provisions of this Ordinance shall become and be made
22 a part of the Code of Ordinances of the City of Miami Gardens and that the sections of
23 this Ordinance may be renumbered or relettered and the word "Ordinance" may be
24 changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the
25 use of which shall accomplish the intentions herein ezpressed; provided, however, that
26 Section 1 hereof or the provisions contemplated thereby shall not be codified.
27 SECTION 6. EFFECTIVE DATE: This Ordinance shall become effective
28 immediately upon its final passage.
9
PASSED ON FIRST READING ON THE 11 H DAY OF APRIL, 2007.
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF , 20_
SHIRLEY GIBSON, MAYOR
ATrEST:
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA K. DICKENS, ESQ.
City Attorney
SPONSORED BY: Sonja K. Dickens, City Attorney
MOVED BY:
SECONDED BY:
VOTE:
Mayor Gibson (Yes) (No)
Vice Mayor Oscar Braynon, II (Yes) (No)
Councilman Melvin L. Bratton (Yes) (No)
Councilman Aaron Campbell (Yes) (No)
Councilman Andre Williams (Yes) (No)
Councilwoman Sharon Pritchett (Yes) (No)
Councilwoman Barbara Watson (Yes) (No)
128495_1. DOC
10