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
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--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