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HomeMy WebLinkAboutLegislation-SUBCity of Miami Legislation Ordinance 13718 File Number: 3152 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 12/14/2017 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 2/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/LOBBYISTS," TO AMEND APPLICABILITY, DEFINITIONS, REGISTRATION AND ETHICS REQUIREMENTS, AND EXPENDITURE REPORTING REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami -Dade County Commission on Ethics and Public Trust in consultation with the City of Miami ("City") has recommended that the City amend Chapter 2/Article VI of the Code of the City of Miami, Florida, as amended ("City Code"), to be consistent with the minimum standards for Lobbyist registration in Section 2-11.1(s) of the Code of Ordinances of Miami -Dade County, Florida, as amended; and WHEREAS, persons appearing before the City Commission, the Mayor, City staff, City boards, and City committees benefit from having Lobbyist registration requirements that are more consistent and uniform; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2/Article VI of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:' "CHAPTER 2 ADMINISTRATION ARTICLE VI. LOBBYIST Sec. 2-651. - Applicability. Notwithstanding any provision in the Code of the City, as amended, to the contrary, ti4e foNewing Section 2-11.1(s) of the Code of Ordinances of Miami -Dade County, Florida as amended ("County Codel shall be applicable in the City. ' Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 1 of 6 File ID: 3152 (Revision: C) Printed On: 1/19/2018 3152 -Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 3152 Enactment Number: 13718 Sec. 2-652. - Penalty. Any person in violation of any provision of this article shall be subject to the penalty as provided in section 1-13. Sec. 2-653. - Definitions. ww or miami Page 2 of 6 File ID: 3152 (Revision: C) Printed on: 1/19/2018 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 3152 Enactment Number: 13718 The definitions used in Section 2-11.1(s) of the County Code shall be applicable to this Article. References in Section 2-11.1 of the County Code to County personnel shall therefore be applicable to City personnel who serve in comparable capacities to the County personnel referred to therein. Sec. 2-654. - Registration; ethics: fee; disclosure requirements; log of registered lobbyists; exemptions from payment of fee; failure to register. (a) A person may not lobby a City official, a City board member, the City Manager, or City staff, until such person has registered as a lobbyist with the City Clerk and submitted a certificate of completion, of an ethics course provided by the Miami -Dade County Commission on Ethics Public Trust or the Gity completed within sixty (60) days after registering. Such registration shall be due fatly within five (5) business days of being retained as a lobbyist by a principal, prior to engaging in any type of lobbying activityies, and shall be renewed on a yearly basis thereafter. The annual registration fee for each lobbyist shall be $525.00 as an initial registration fee, plus an additional fee of $105.00 for each principal represented for each issue lobbied on behalf of any one principal. The registration fees required by this section shall be deposited by the City Clerk into a separate account and shall be expended for purposes of recording, transcription, administration, and/or any other associated costs incurred in maintaining these records for availability to the public. The Gity GOMMOSSOOR may, on its diGGFetien, waive the FegistFatiG14 Any person who is required to pay the registration fee and who is unable to pay the registration fee without imposing an undue burden on personal resources or on resources otherwise available to him or her shall upon written certification of such Inability given under oath to the City Clerk be exempt from Paying the registration fee. Regardless of the date of the initial registration, all lobbyists' registrations shall expire December 31 of each calendar year, and shall be renewed on a calendar year basis. Each Lobbyist shall within sixty (60) days after registering as a Lobbyist submit to the City Clerk a certificate of completion of an ethics course offered by the Miami Dade County Commission on Ethics and Public Trust ("Ethics Course") Lobbyists who have completed the initial Ethics Course mandated by the Drecedinq sentence and who have continuously registered as a Lobbyist thereafter shall be required to complete a refresher Ethics Course every two (2) years. Each Lobbvist who has completed a refresher Ethics Course shall submit to the City Clerk a certificate of completion within sixty (60) days after registering as a Lobbyist. A�b}(c) Within five (5) business days of being retained as a Lobbyist or before engaging in any lobbying activities, whichever comes first eyery€yer-y person required to register as a lobbyist shall: %.ny v1 mlami Page 3 of 6 File ID: 3152 (Revision: C) Printed on: 1/19/2018 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. ID: 3152 Enactment Number: 13718 (1) Register on forms prepared by the City Clerk; (2) Pay an initial registration fee of $525.00, plus an additional fee of $105.00 for each principal represented and for each issue the lobbyist has been retained to lobby on behalf of any one principal; and (3) Disclose, under oath, the following information: a. Lobbyist's name and business address; b. Name and business address of each principal represented; c. The specific issue on which he or she has been retained to lobby; and d. If the lobbyist represents a corporation, partnership or trust, the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust and the names and addresses of all persons holding, directly or indirectly, at least five percent ownership interest in said corporation, partnership or trust. A separate registration form shall be filed by the lobbyist and an additional fee of $105.00 shall be paid for each principal represented and for each issue the lobbyist has been retained to lobby on behalf of any one principal. Such issue shall be described with as much detail as is practical, including, though not limited to: a specific description (where applicable) of a pending request for proposals, invitation to bid, ordinance, resolution, or a given item on the agenda. The City Clerk or the Clerk's designee shall reject any registration statement which does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby. Lebbyists shall register An Qr before ApFil 1, 1997, aid �4) Submit a certificate of completion of the Ethics Course as provided under Section 2- 654(b) of the City Code. {c}L4L In addition, every registrant shall be required to state under oath the existence of any direct or indirect business association, partnership, or financial relationship with the Mayor, any member of the City Commission, any member of a City board, the City Manager, or a member of the City staff before whom he or she lobbies, or intends to lobby. O)Lej The City Clerk shall maintain a log, which shall be updated on a quarterly basis by April 15, July 15, October 15 and January 15 of each year, reflecting the lobbyist registrations filed in accordance with this section and shall be distributed to the Mayor, and the City Commission, and the Citv Manager. (e, M The Mayor, all members of the City Commission, all members of City boards, the City Manager, and City staff shall be diligent to ascertain that persons required to register pursuant to this section have complied, by request"R9. and if necessary, request a record of compliance from the City Clerk. The Mayor, members of the City Commission, of City boards, the City Manager, and City staff may not knowingly permit a person who is not registered pursuant to this section to lobby. ff)� Each person who withdraws as a lobbyist for a particular principal shall file an appropriate notice of withdrawal concerning representation for that principal. There shall be no fee required for filing a notice of withdrawal. (g)Lhl The validity of any action or determination of the City Commission or any other City board or committee shall not be affected by the failure of any person to comply with the provisions of this section. {#}Q The following persons shall be required to register but will be exempt from paying the registration fee: —Y "' ""p"" Page 4 of 6 File ID: 3152 (Revision: C) Printed on: 1/19/2018 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: Enactment Number: 13718 (1) A person who, pursuant to the terms of a collective bargaining agreement, has been designated and is so recognized by the City as a representative of a collective bargaining unit composed of City employees; (2) i . Those persons identified in Section 2-11.1(s) of the County Code. {i).Q All registration forms shall be open to the public upon the filing thereof. Sec. 2-655. - Annual expenditures report. A lobbyist shall annually submit to the City Clerk's office a signed statement under oath, as provided herein, listing all lobbying expenditures and the sources from which funds for making lobbying expenditures have come. The lobbying expenditures shall include, but not be limited to: meals, entertainment, travel, lodging, and gifts for public officers and employees for the preceding calendar year. Lobbying expenditures shall not include the lobbyist's own personal expenses for lodging, meals, travel, salary, and office expenses. Such statement of expenditures for the preceding calendar year, entitled "Annual Expenditures Report" shall be due on January 15 of each year. Such statement shall be rendered on the form provided by the City Clerk's office and shall be open to public inspection. upong-tatemenshall be filer! even f . If the Lobbyist had no expenditures in the preceding calendar year, then he or she shall not be required to submit an Annual Expenditures Report Sec. 2-656. - Advisory opinions. (a) A lobbyist, when in doubt about the applicability and interpretation of this article in a particular context, shall submit in writing the facts for an advisory opinion by the City Attorney. The City Attorney shall render advisory opinions to any lobbyist who seeks advice as to whether the facts in a particular case would constitute a violation of this section. All advisory opinions of the City Attorney shall be numbered, dated and furnished to the City Clerk's and shall be open to public inspection. (b) The City Clerk's office shall keep all advisory opinions of the City Attorney relating to lobbyists and lobbying activities, as well as a current list of registered lobbyists and their respective reports required under this article, all of which shall be open for public inspection. Sec. 2-657. - Penalties for violations. (a) Any lobbyist who fails to file the annual expenditures report by the January 15 deadline each calendar year shall be subject to a fine of ftLqjollars ,($550.00) per day for reports filed after the due date. (b) Upon verification of a lobbyist's failure to file the annual expenditures report, the City Clerk shall notify the lobbyist by certified mail that the Annual Expenditures Report must be filed within five (5) business days following receipt of the notice. The name of any lobbyist who fails to comply with said requirement shall be automatically removed from the list of active lobbyists. Should said person wish to re - Page 5 of 6 File ID: 3152 (Revision: C) Printed on: 1/1912018 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 3152 Enactment Number: 13718 register as a lobbyist, Wshe he or she shall submit a new registration form accompanied by a $525.00 registration fee plus any and all outstanding fines accrued prior to re - registration. (c) The City Clerk shall submit a report to the City Commission as to those lobbyists who have failed to comply with registration and/or the annual filing requirement of this section. Sec. 2-658. - Contingency fees. No person shall retain or employ a lobbyist for compensation based on a contingency fee, and no person shall accept any such employment or render any service for compensation based on a contingency fee. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective on January 1, 2018.2 APPROVED AS TO FORM AND CORRECTNESS: "riadez, ity ttor ey 12/26/2017 Ina 4jde�z, ity ttor ey 1/19/2018 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. any or miam► Page 6 of 6 File ID: 3152 (Revision: C) Printed on: 1/1912018 City of Miami - Legislation ° R 1 Ordinance 13718 File Number: 3152 SUBSTITUTED City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com/ Final Action Date: 1 AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 2/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AM DED ("CITY CODE"), ENTITLED "ADMINISTRATION/LOBBYISTS," TO AMEN APPLICABILITY, DEFINITIONS, REGISTRATION AND ETHICS REQUIREMENTS, AND EXPENDITURE REPORTING REQUIREME S; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Miami -Dade County Commission on Ethics an ublic Trust in consultation with the City of Miami ("City") has recommended that th City amend Chapter 2/Article VI of the Code of the City of Miami, Florida, as amended ity Code"), to be consistent with the minimum standards for Lobbyist registration in Section 1.1(s) of the Code of Ordinances of Miami -Dade County, Florida, as amended; and WHEREAS, persons appearing before the City ConyAnission, the Mayor, City staff, City boards, and City committees benefit from having Lobbyi registration requirements that are more consistent and uniform; NOW, THEREFORE, BE IT ORDAINEDr!/ !E COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings 96ntained in the Preamble to this Ordinance are adopted by reference and incorporated as/fully fully set forth in this Section. Section 2. Chapter 2/Article VI f the Code of the City of Miami, Florida, as amended, is amended in the following particulars: "CHAPTER 2 ADMINISTRATION ARTICLE VI. LOBBYIST Sec. 2-651. - Ap cability. Notwith nding any provision in the Code of the City, as amended, to the contrary, the following S ction 2-11.1 s of the Code of Ordinances of Miami -Dade County, Florida as FTNTpi shall be applicable in the City. Iddords/and or figures stricken through shall be deleted. Underscored words and/or figures shall be ed. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 1 of 6 File ID: 3152 (Revision: B) Printed On: 1/1912018 File ID: 3152 SUBSTITUTED Enactment Number: 13718 Sec. 2-652. - Penalty. Any person in violation of any provision of this article shall be subject to the penalty as provided in section 1-13. Sec. 2-653. - Definitions. As used in this aFtinle: Compensation meaRG money or anything of value er finaFIGial benefit reGeiff ed i the perfel:manGe of lobbying aGtivi#&s-.- Gity staff. IN us Lobbyist does net FneaR a person who meFely appears before the FnaYGF, Gity 0 City of Miami Page 2 of 6 File ID: 3152 (Revision: B) Printed on: 1/1912018 Fite ID: 3152 SUBSTITUTED Enactment Number: 13718 self FepFesentatmen to expFess support feF or opposition to any ordinanGe, resolution, deGision OF 6'i�r ��ihi^h hac retainer: ^ lebbywst The definitions used in Section 2-11.1 s of the County Code shall be appVable to thi Article. References in Section 2-11.1 of the County Code to CountV Personny(shall,therei be applicable to City personnel who serve in comparable capacities to the 40-unty personr referred to therein. Sec. 2-654. - Registration; ethics; fee; disclosure requirements; log/registered lobbyists; exemptions from payment of fee; failure to register. (a) A person may not lobby a City official, a City board memb , the City Managers or City staff, until such person has registered as a lobbyist with the C' Clerk and submitted a certificate of completion, of an ethics course provided by the I i -Dade County Commission on Ethics Public Trust ^r the Gity completed within sixty (60) days after registering. Such registration shall be d e^^I7 within five (5) business days of being retained as a lobbyist by a princip prior to engaging in any type of lobbying activityies, and shall be renewed on a yearly sis thereafter. The annual registration fee for each lobbyist shall be $525.00 as an initi registration fee, plus an additional fee of $105.00 for each principal represented for ach issue lobbied on behalf of any one principal. The registration fees required this section shall be deposited by the City Clerk into a separate account and shall be pended for purposes of recording, transcription, administrations and/or any other ass ciated costs incurred in maintaining these records for availability to the public. hardship.fee *n derAORstFated iRstanGes A] Any person who is required to pay the registration fee and who is un le to a the re istration fee without imposing an undue burden on Personal resourc or on resources otherwise available to him or her shall upon written certification of suc nabilit given under oath to the Cit Clerk be exempt from paying the registration f . Regardless of the date of the initial registration, all lobbyists' registrations shall exp' December 31 of each calendar year, and shall be renewed on a calendar year basis. Each Lobbyist s II within sixty 60 days after registering as a Lobbyist, submit to the Cil Clerk a certific a of completion of an ethics course offered by the Miami -Dade Count Commission n Ethics and Public Trust "Ethics Course"). Lobbyists who have completed the initial ics Course mandated by the preceding sentence and who have continuous) register9eas a Lobbyist thereafter shall be required to complete a refresher Ethics Course eve o 2 ears. Each Lobbyist who has completed a refresher Ethics Course shall subUKt to the City Clerk a certificate of completion within sixty (60) days after reaisterina a yyanin rive (5) Dusiness days of being retained as a Lobbyist or before engaging in lobbying activities, whichever comes first everyEAteFv person required to register as a lobbyist shall: City of Miami Page 3 of 6 File ID: 3152 (Revision: 8) Printed on: 111912018 File ID: 3152 SUBSTITUTED Enactment Number: 13718 (1) Register on forms prepared by the City Clerk; (2) Pay an initial registration fee of $525.00, plus an additional fee of $105.00 for each principal represented and for each issue the lobbyist has been retained to lobby on behalf of any one principal; and (3) Disclose, under oath, the following information: a. Lobbyist's name and business address; b. Name and business address of each principal represented; c. The specific issue on which he or she has been retained to lobby; and d. If the lobbyist represents a corporation, partnership or trust, the name d business address of the chief officer, partner or beneficiary of the co oration, partnership or trust and the names and addresses of all persons h ding, directly or indirectly, at least five percent ownership interest in said corp ation, partnership or trust. A separate registration form shall be filed the lobbyist and an additional fee of $105.00 shall be paid for each principal r presented and for each issue the lobbyist has been retained to lobby on beh of any one principal. Such issue shall be described with as much detail as is actical, including, though not limited to: a specific description (where applicable) IT a pending request for proposals, invitation to bid, ordinance, resolution, or given item on the agenda. The City Clerk or the Clerk's designee shall reject y registration statement which does not provide a clear description of the specif issue on which such lobbyist has been retained to lobby.;411 r 4 Submit a certificate of completion of the Ethics ourse as provided under Section 2- 654(b) of the City Code. (c3L4L In addition, every registrant shall be requirto state under oath the existence of any direct or indirect business association, part rship, or financial relationship with the Mayor, any member of the City Commission, any ember of a City board, the City Manager., or a member of the City staff before whom h obbies, or intends to lobby. (d)LI The City Clerk shall maintain a to , which shall be updated on a quarterly basis by April 15, July 15, October 15 and Janu 15 of each year, reflecting the lobbyist registrations filed in accordance with this sec n and shall be distributed to the Mayor, aPA the City Commission, and the Citv Ma aer. {eeMf The Mayor, all member of the City Commission, all members of City boards, the City Manager., and City staff all be diligent to ascertain that persons required to register pursuant to this /theity ave complied, bYFequest ng and if necessary, request a record of compliance fromClerk. The Mayor, members of the City Commission, of City boards, the City, and City staff may not knowingly permit a person who is not registered pursu section to lobby. kf)& Each /pern who withdraws as a lobbyist for a particular principal shall file an appropriice of withdrawal concerning representation for that principal. There shall be no fee re for filing a notice of withdrawal. {�h T validity of any action or determination of the City Commission or any other City bo d or committee shall not be affected by the failure of any person to comply with the p visions of this section. The following persons shall be required to register but will be exempt from paying the registration fee: wly of Miami Page 4 of 6 File ID: 3152 (Revision: B) Printed on: 111912018 File ID: 3152 SUBSTITUTED Enactment Number: 13718 (1) A person who, pursuant to the terms of a collective bargaining agreement, has been designated and is so recognized by the City as a representative of a collective bargaining unit composed of City employees; (2) i , )rnrnhttee, 9F beaFd OR behalf of the of , , meFGhants' assOGatiGR. Those persons identified in Section 2-11.1 s of the C unt Code. (4M All registration forms shall be open to the public upon the filing thereof. Sec. 2-655. - Annual expenditures report. A lobbyist shall annually submit to the City Clerk's office a signed st ement under oath, as provided herein, listing all lobbying expenditures and the sources from hich funds for making lobbying expenditures have come. The lobbying expenditures shall i Jude, but not be limited to: meals, entertainment, travel, lodging, and gifts for public officers a employees for the preceding calendar year. Lobbying expenditures shall not includ he lobbyist's own personal expenses for lodging, meals, travel, salary, and office expense . Such statement of expenditures for the preceding calendar year, entitled "Annu Expenditures Report" shall be due on January 15 of each year. Such statement shall be r ndered on the form provided by the City Clerk's office and shall be open to public inspection,.- I 'Gh statement shall be filed, even. If the Lobbyist had no expenditures in the Precedingcalendar ear, then he r she shall not be required to submit ; Annual Expenditures Report. Sec. 2-656. -Advisory opinions. (a) A lobbyist, when in doubt about the ap ability and interpretation of this article in a particular context, shall submit in wri ' g the facts for an advisory opinion by the City Attorney. The City Attorney s/Atrney er advisory opinions to any lobbyist who seeks advice as to whether the facts in a pcase would constitute a violation of this section. All advisory opinions of the City shall be numbered, dated and furnished to the City Clerk's and shall be open topection. (b) The City Clerk's offices II keep all advisory opinions of the City Attorney relating to lobbyists and lobbying tivities, as well as a current list of registered lobbyists and their respective repo/rered under this article, all of which shall be open for public inspection. Sec. 2-657. - Penaltolations. (a) Any lobbyis ho fails to file the annual expenditures report by the January 15 deadline each cale9flar year shall be subject to a fine of fifty dollars ($2550.00) per day for reports filed aft the due date. (b) Upo verification of a lobbyist's failure to file the annual expenditures report, the City Clerk sh OK notify the lobbyist by certified mail that the Annual enditures Re ort must be filed within five business days following receipt of the notice. The name of any lobbyist who fails to comply with said requirement shall be automatically removed from the list of active lobbyists. Should said person wish to re - airy or miarnt Page 5 of 6 File ID: 3152 (Revision: 8) Printed on: 111912018 File ID: 3152 SUBSTITUTED Enactment Number: 13718 register as a lobbyist, he/she he or she shall submit a new registration form accompanied by a $525.00 registration fee plus any and all outstanding fines accrued prior to re - registration. (c) The City Clerk shall submit a report to the City Commission as to those lobbyists who failed to comply with registration and/or the annual filing requirement of this section. Sec. 2-658. - Contingency fees. No person shall retain or employ a lobbyist for compensation based on a conK"'i ency fee, and no person shall accept any such employment or render any service for corn ation based on a contingency fee. Section 3. If any section, part of a section, paragraph, clause, rase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordin ce shall not be affected. Section 4. This Ordinance shall become effective on Jarkary 1, 2018.2 APPROVED AS TO FORM AND CORRECTNESS: i ria i dez, City Attor iey 12/26/2017 z T s Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) ys from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 6 of 6 File !D: 3152 (Revision: 8) Printed on: 1/19/2018