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Home My WebLink AboutO-13718City of Miami Legislation Ordinance 13718 File Number: 3152 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, toe fellew+eg Section 2-11.1(s) of the Code of Ordinances of Miami -Dade County, Florida, as amended ("County Code"), 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: 3/2/2018 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. .'.T_T�_Sf7L7_TSLTf�Sf7M-MUM..'. SLI6T.l rS�IT7:■LT_17_�I:ti1'.T_rl_1�.�1T City of Miami Page 2 of 6 File ID: 3152 (Revision: C) Printed on: 3/2/2018 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 ^r the completed AG mnro +hen „no rl� year prie +„ within sixty (60) days after registering. Such registration shall be due 61PGRrr 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 n„mmicci„r may, OR i+c diGGFo+iE)F waive the FegiStFatiGFI Foo OR r eFFlE) IstFated mRstaRGes r,F fiRa Gial haFds n. 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 preceding sentence and who have continuously registered as a Lobbyist thereafter shall be required to complete a refresher Ethics Course every two (2) years. Each Lobbyist 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. {}(c) Within five (5) business days of being retained as a Lobbyist or before engaging in any lobbying activities, whichever comes first, every€ve+y person required to register as a lobbyist shall: City of Miami Page 3 of 6 File ID: 3152 (Revision: C) Printed on: 3/2/2018 File 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. Lobbyists shall register ep eir h-eaferee April 1, 19�and dearly thereafter, in �nnnr`•l�nno nii+h the preyisinnc of this con+inn o (4) Submit a certificate of completion of the Ethics Course as provided under Section 2- 654(b) of the City Code. (s-}LqL 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. 04Lg� 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, aP4 the City Commission, and the City Manager. {e4Lf 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 Feq eStiFl 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. {#}Lc� 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. 04L!21 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. {#}i The following persons shall be required to register but will be exempt from paying the registration fee: City of Miami Page 4 of 6 File ID: 3152 (Revision: C) Printed on: 3/2/2018 File ID: 3152 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) APerse;(s) appeaFiRg 19cf�+?e�riss;en�,�ftee, nr nn h^hAlf of 4h^ i 0 as It 0 FepFeGeRtiRg thei 0 a Go Gi-hnm�T��n�i„rn��- ��8`�a n a ni lbli`+ inteFervtgrni in a ^hamhea- nf�nn mei:GeG_a m^r^h�n4c�ccn`+�+inn_ Those persons identified in Section 2-11.1(s) of the County Code. 4U 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. 2- ,.h c+^+^m^n+ ch^II h^ filed ^„^n if +h^r^ h.A„^ h^^n nn ^vn^nrlit lFeG d irinn the pFeGedinn naleRdar year. If the Lobbyist had no exaenditures in the Drecedina calendar vear. then he or she shall not be reauired to submit an Annual Exaenditures Reaort. 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 fifty dollars J$2550.00) 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 ,rr, al expo ldi+„r^s r^r,^r+ 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 - City of Miami Page 5 of 6 File ID: 3152 (Revision: C) Printed on: 3/2/2018 File ID: 3152 Enactment Number: 13718 register as a lobbyist, how 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: 4na e CiItyAtto i ey 12/26/2017 &iria City Attor ey 1/1912018 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. City of Miami Page 6 of 6 File ID: 3152 (Revision: C) Printed on: 3/2/2018