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HomeMy Public PortalAbout2004-04 Amending the Code by Creating LobbyingORDINANCE NO. 2004-4 AN ORDINANCE OF VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY CREATING ARTICLE IX "LOBBYING" CONSISTING OF SECTION 2-161 "LOBBYISTS" OF CHAPTER 2 "ADMINISTRATION," ADOPTING SECTION 2-11.1(S) OF THE MIAMI-DADE COUNTY CODE CONCERNING LOBBYING, AS MODIFIED HEREIN; PROVIDING FOR RELATED FEES AND OTHER PROVISIONS CONCERNING LOBBYISTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Miami -Dade County (the "County") Commission has recently comprehensively revised the County lobbyist ordinance (the "County Lobbying Ordinance") as set forth in Section 2-11.1(s) of the Miami -Dade County Code (the "County Code"); and WHEREAS, the staff of the County Ethics Commission has recommended that the revised County Lobbying Ordinance be adopted and followed by municipalities within the County; and WHEREAS, the Village Council desires to adopt and follow the provisions of the County Lobbying Ordinance, as described herein, along with the modifications and other requirements specified herein. IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed. Section 2. Code Amended. That the Village Code of the Village of Key Biscayne, Florida, is hereby amended by creating Article IX "Lobbying" consisting of Section 2-161, "Lobbyists" of Chapter 2 "Administration," to read as follows: ARTICLE IX - LOBBYING Section 2-161. Lobbyists. The provisions of Section 2-11.1(s) "Lobbying," of the Miami -Dade County Code (the "County Lobbying Ordinance") as it currently exists, as set forth in Exhibit "A" attached hereto and incorporated herein, are hereby adopted and shall apply within the Village of Key Biscayne, except that in lieu of the fee for annual lobbyist registration which is specified by Section 2-11.1(s)(2)(b) of the County Lobbying Ordinance, the fee payable to the Village for registration of each lobbyist for the representation of each principal of the lobbyist shall be One Hundred ($100.00) Dollars (per principal represented), and the fee payable to Village for annual lobbyist registration for each lobbyist shall be Two Hundred ($200.00) Dollars. References in the County Lobbying Ordinance to County personnel shall be deemed to be references to Village personnel who serve in comparable capacities to the County personnel referred to. References in the County Lobbying Ordinance to the County Commission or to a "County board or committee" shall be deemed to be references to the Village Council or to the Village's boards, as applicable. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 2 Section 4. Inclusion in the Code. That it is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Village of Key Biscayne Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 10th day of February , 2004. PASSED AND ADOPTED on second reading this 9th day of March , 2004. 1,0 I6t6t,A (____, MAYOR ROBERT OLDAKOWSKI CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE A TO F \100\103001\ ordinances\Amending Chapter 2 - Lobbying 11.19.03 3 Xff ir7"1)A ", --71 a f 7 M1A111-DADS COUNTY CODE Inspector General shall verify the cu- racy of each affidavit executed by .rmer unty officers, departmental . rsonnel o -mployees. Any 'ndividual who is fo . d to he in violaten of this Subsect' an (q) shall be subject .. the penalties .rovided in either Subsectio (u)(1) or S .section (u)(2). (Ord. No. 72-82, 1, 11- . -72; Ord. No. 77-13, § 4, 3-1-77; I d. o. 99-2, § 1, 1-21-99) 2thics Commission to render opinions on Whenever ...y •erson included in the iefined in su%sectio (b)(1) through (6) and Lion (b)(9) s in do .t as to the proper •etation . applicatio of this conflict of ;t and ' ode of Ethic Ordinance as to f or h: self, or wheneve any person who s se ces to the County i• in doubt as to pli bility of the said ordin ce as to him - h• rself, he or she may submi o the Ethics sion a full written statement .f the facts estions he or she has. The Ethic. Commis - all then render an opinion to su. i person all publish these opinions withou use of me of the person advised unless su per- [uests the use of his or her name. (Or. No. § 1, 3-20-73; Ord. No. 77-13, § 4, 3-1 7; o. 97-105, § 2, 7-8-97) :obbying. (a) As used in this section, "County per- sonnel" means those County officers and employees specified in Section 2-111(i)(2) of the Miami -Dade County Conflict of Interest and Code of Eth- ics Ordinance. (b) As used in this section, "Lobbyist" means all persons, firms, or corpora- tions employed or retained by a prin- cipal who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the County Commission; (2) any action, decision, recommen- dation of the County Manager or any County board or committee; or (3) any action, decision or recommenda- tion of County personnel during the time period of the entire decision - making process on such action, deci- sion or recommendation which foreseeably will be heard or re- viewed by the County Commission, or a County board or committee "Lobbyist" specifically includes the principal as well as any employee whose normal scope of employment includes lobbying activities. The term "Lobbyist" specifically excludes the following persons: attorneys or other representatives retained or employed solely for the purpose of represent- ing individuals, corporations or other entities during publicly noticed quasi- judicial proceedings where the law prohibits ex-parte communications; expert witnesses who provide only scientific, technical or other special- ized information or testimony in pub- lic meetings; any person who only appears as a representative of a neighborhood association without compensation or reimbursement for the appearance; whether direct, in- direct or contingent, to express sup- port of or opposition to any item; any person who only appears as a repre- sentative of a not -for-profit commu- nity based organization for the pur- pose of requesting a grant without special compensation or reimburse- ment for the appearance; and em- ployees of a principal whose normal scope of employment does not in- clude lobbying activities. (2) All lobbyists shall register with the Clerk of the Board of County Commissioners within five (5) business days of being retained as a lobbyist or before engaging in any lobbying activities. whichever shall come first. Every person required to so register shall: (a) Register on forms prepared by the Clerk; (b) State under oath his or her name, business address and the name and business address of each person or entity which has employed said reg- 39 274 Ey, tq A fl•k()" ADMINISTRATION istrant to lobby. If the lobbyist rep- resents a corporation, the corpora- tion shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons hold- ing, directly or indirectly, a five (5) percent or more ownership interest in such corporation, partnership, or trust. Registration of all lobbyists shall be required prior to January 15 of each year and each person who withdraws as a lobbyist for a partic- ular client shall file an appropriate notice of withdrawal. The fee for annual registration shall be four hun- dred and ninety dollars ($490.00). Every registrant shall be required to state the extent of any business or professional relationship with any current person described in subsec- tion (b)(1). The registration fees re- quired by this subsection shall be deposited by the Clerk into a sepa- rate account and shall be expended for the purpose of recording, tran- scribing, administration and other costs incurred in maintaining these records for availability to the public. There shall be no fee required for filing a notice of withdrawal and the Board of County Commissioners may, in its discretion, waive the registra- tion fee upon a finding of financial hardship. (c) Prior to conducting any lobbying, all principals must file a form with the Clerk of the Board of County Com- missioners, signed by the principal or the principal's representative, stat- ing that the lobbyist is authorized to represent the principal. Failure of a principal to file the form required by the preceding sentence may be con- sidered in the evaluation of a bid or proposal as evidence that a proposer or bidder is not a responsible contrac- tor. Each principal shall file a form with the Clerk of the Board at the § 2-11 1 point in time at which a lobbyist is no longer authorized to represent the principal. (3) (a) Any public officer, employee or ap- pointee who only appears in his or her official capacity shall not be re- quired to register as a lobbyist. (b) Any person who only appears in his or her individual capacity for the purpose of self -representation with- out compensation or reimbursement, whether direct, indirect or contin- gent, to express support of or oppo- sition to any item, shall not be re- quired to register as a lobbyist. (4) Any person who only appears as a repre- sentative of a not -for-profit corporation or entity (such as a charitable organization, or a trade association or trade union), without special compensation or reimburse- ment 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 subsec- tion, but, upon request, shall not be re- quired to pay any registration fees. (5) Any person who appears as a representa- tive for an individual or firm for an oral presentation before a county certification, evaluation, selection, technical review or similar committee, shall list on an affida- vit provided by the County, all individuals who may make a presentation. The affi- davit shall be filed by staff with the Clerk's office at the time the proposal is submit- ted. For the purpose of this subsection only, the listed members of the presenta- tion team shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an individual or firm unless he or she has been listed as part of the firm's presenta- tion team pursuant to this paragraph or unless he or she is registered with the Clerk's office and has paid. all applicable fees. (6) (a) Commencing July 1, 1986, and on July 1 of each year thereafter, the Supp No. 39 274.1 EY! Yfol MIANII-DADE COUNTY CODE lobbyist shall submit to the Clerk of the Board of County Commissioners a signed statement under oath, as provided herein, listing all lobbying expenditures in excess of twenty-five dollars ($25.00) for the preceding calendar year. A statement shall be filed even if there have been no ex- penditures during the reporting pe- riod The statement shall list in de- tail each expenditure by category, including food and beverage, enter- tainment, research, communication, media advertising, publications, travel, lodging and special events. (b) The Clerk of the Board of County Commissioners shall notify any lob- byist who fails to timely file an ex- penditure report. In addition to any other penalties which may be im- posed as provided in subsection (s)(9), a fine of fifty dollars ($50.00) per day shall be assessed for reports filed after the due date. Where a fine of fifty dollars ($50.001 per day is as- sessed, the Ethics Commission shall not impose a fine as provided in subsection (z). Any lobbyist who fails to file the required expenditure re- port by September 1st shall be auto- matically suspended from lobbying until all fines are paid unless the fine has been appealed to the Ethics Commission. (c) The Clerk of the Board of County Commissioners shall notify the Com- mission on Ethics and Public Trust of the failure of a lobbyist or princi- pal to file a report and/or pay the assessed fines after notification. (d) A lobbyist or principal may appeal a fine and may request a hearing be- fore the Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Commission on Ethics and Public Trust within fifteen (15) calendar days of receipt of the notification of the failure to file the required disclo- sure form. The Commission on Eth- ics and Public Trust shall have the authority to waive the fine, in whole or part, based on good cause shown. The Commission on Ethics and Pub- lic Trust shall have the authority to adopt rules of procedure regarding appeals from the Clerk of the Board of County Commissioners. (7) No person may, in whole or in part, pay, give or agree to pay or give a contingency fee to another person. No person may, in whole or in part, receive or agree to re- ceive a contingency fee. As used herein, "contingency fee" means a fee, bonus, com- mission, or nonmonetary benefit as com- pensation which is dependent on or in any way contingent on the passage, defeat, or modification of: (1) an ordinance, resolu- tion, action or decision of the County Commission; (2) any action, decision or recommendation of the County Manager or any County board or committee; or (3 ) any action, decision or recommendation of County personnel during the time period of the entire decision -making process re- garding such action, decision or recom- mendation which foreseeably will be heard or reviewed by the County Commission, or a County board or committee. (8) The Clerk shall publish logs on a quar- terly and an annual basis reflecting the lobbyist registrations which have been filed in accordance with this subsection (s). All logs required by this ordinance shall be prepared in a manner substan- tially similar to the logs prepared for the Florida Legislature pursuant to Section 11.045, Florida Statutes. (9) The Ethics Commission shall investigate any person engaged in lobbying activities who may be in violation of this subsection (s) In the event that a violation is found to have been committed the Ethics Com- mission may, in addition to the penalties set forth in subsection (z), prohibit such person from lobbying before the County Commission or any committee, board or personnel of the County as provided herein. 39 274.2 Ex, "if', rt q of- 9, ADMINISTRATION § 2-111 Every lobbyist who is found to be in vio- lation of this section shall be prohibited from registering as a lobbyist or lobbying in accordance with the following schedule: 1' violation for a period of 90 days from the date of determination of violation; 2"d violation for a period of one (1) year from the date of determination of viola- tion; 3rd violation for a period of five (5) years from the date of determination of viola- tion; A bidder or proposer shall be subject to the debarment provisions of Section 10-38 of the Code of Miami -Dade County as if the bidder or proposer were a contractor where the bidder or proposer has violated this section, either directly or indirectly or any combination thereof, on three (3) or more occasions. As used herein, a "direct violation" shall mean a violation commit- ted by the bidder or proposer and an "indirect violation" shall mean a violation committed by a lobbyist representing said bidder or proposer. A contract entered into in violation of this section shall also ren- der the contract viodable. The County Manager shall include the provisions of this subsection in all County bid docu- ments, RFP, RFQ, CBO and CDBG appli- cations; provided, however, the failure to do so shall not render any contract en- tered into as the result of such failure illegal per se. (10) All members of the County Commission, and all County personnel, shall be dili- gent to ascertain whether persons re- quired to register pursuant to this subsec- tion have been complied. Commissioners or County personnel may not knowingly permit a person who is not registered pursuant to this subsection to lobby the Commissioner, or the relevant committee, board or County personnel. (11) Except as otherwise provided in subsec- tion (s)(9), the validity of any action or determination of the Board of County Commissioners or County personnel, board or committee shall not be affected by the failure of any person to comply with the provisions of this subsection(s). (Ord. No. 00-19, § 1, 2-8-00; Ord. No. 01-93, 1, \ 5-22-01; Ord. No. 01-162, § 1, 10-23-01)C, p 4( (t) Cone of Silence. 1. Contracts for the provision of goods and service other than audit and independent private sector inspector general (IPSIG) contracts. (a) "Cone of Silence" is hereby defined to mean a prohibition on: (i) any corn munication regarding a particul.. RFP, RFQ or bid between a potent' al vendor, service provider, bidder, .b- byist, or consultant and the Co ty's professional staff including, b not imited to, the County Manag r and s or her staff; (ii) any corn unica- ti n regarding a particular ' P, RFQ or .id between the Mayo. County Co . issioners or their espective st. ii. and any member of e County's profe sional staff inclu. &. g, but not limite,' to, the County anager and his or -r staff, (iii) an communica- tion regrding a parti ar RFP, RFQ or bid b tween a p ential vendor, service p ovider, bi . der, lobbyist, or cons ultan and :. member of the selection c. ...'t e therefor; (iv) any communica''on egarding a particu- lar RFP, R or bid between the Mayor, Coun a Commissioners or their respect' . staffs and any mem- ber of the s: ect on committee there- for; (v) . corn .. unication regard- ing a p - icular RFP, RFQ or bid between a poten . vendor, service provid- , bidder, lo byist, or consult- ant a : the Mayor, ounty Commis- sione s and their re .pective staffs; and vi) any commuru ation regard - in; a particular RFP, RFQ or bid b een any member e County's ofessional staff and an member of he selection committee t refor. The County Manager and the hairper- son of the selection committee may Supp No 39 274.2.1 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida ATE OF FLORIDA )UNTY OF MIAMI-DADE: Before the undersigned authority personally appeared D.V FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday ina Leyal i,oiioaya) nen��aI.ei, puuiisi'cu di iot i,rd u. ivl,ani,•Dade county, Florida, that the attached copy of advertisement, )eing a Legal Advertisement of Notice in the matter of /ILLAGE OF KEY BISCAYNE - MEETING - MARCH 9, 2004 )RDINANCE CREATING ARTICLE IX "LOBBYING", ETC. n the XXXX Court, vas published in said newspaper in the issues of 02/25/2004 Wont further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade county, Florida and that the said newspaper has eretofore been continuously published in said Miami -Dade County, -lorida, each day (except Saturday, Sunday and Legal Holidays) nd has been entered as second class mail matter at the post ff ice in Miami in said Miami -Dade County, Florida, for a eriod of one year next preceding the first publication of the ttached copy of advertisement; and affiant further says that he or he has neither paid nor promised any person, firm or corporation ny discount, •.ate, co.• - si. • or refund for the purpose f securin. is adv publication in the said ewspa worn to d SEAL) V FERBEYRE perso ally knn NOTARY flies:,: COMISStO; ; MY COMMIS'ON VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinances will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, March 9, 2004 at 7.00 p.m , in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida AN ORDINANCE OF VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY CREATING ARTICLE IX "LOBBYING" CONSISTING OF SECTION 2-161 "LOBBYISTS" OE CHAPTER 2 "ADMINISTRATION," ADOPTING SECTION 2-11.1(S) OF THE MIAMI-DADE COUNTY CODE CONCERNING LOBBYING, AS MODIFIED HEREIN; PROVIDING FOR RELATED FEES AND OTHER PROVISIONS CONCERNING LOBBYISTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Comments of any interested party relative to this matter may be submitted in writing and or presented in person at the public hearing. Conchita H. Alvarez, CMC Village Clerk 2/25 04-4-25/435756M