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RESOLUTION GRANTING A LIMITED CONFLICT OF INTEREST WAIVER FOR CERTAIN STATE CONTRACT LOBBYISTS

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WHEREAS, on November 11, 1999, the Board approved Resolution No. 1236-99, which provided that no county lobbyist or subcontractors shall represent any client and/or issue that may be adverse to the County without first requesting and obtaining permission from the County; and
WHEREAS, on May 9, 2000, the Board passed Ordinance No. 00-64, which provided that no person or entity, whether an individual, firm, partnership or corporation, which received compensation from the county for lobbying on behalf of the county or any of its agencies or instrumentalities at either the state, national or municipal level shall represent any entity in any forum to support a position in opposition to a position of the county unless the Board grants a specific waiver for a specific lobbying activity; and
WHEREAS, on January 23, 2003, the Board approved Resolution No. 63-03, which authorized the County Manager to execute agreements with four primary firms for state governmental representation and consulting, Ronald L. Book, P.A.; Rutledge, Ecenia, Purnell & Hoffman, P.A.; Pennington, Moore, Wilkinson, Bell & Dunbar, P.A.; and Steel, Hector & Davis, LLP, along with various subcontractors; and
WHEREAS, the Agreements require all County lobbyists, including both the prime consultants and subconsultants, to comply with the provisions of Resolution No. 1236-99, Ordinance No. 00-64, as well as the County’s Conflict of Interest Ordinance, Ordinance No. 72-82; and
WHEREAS, the Board revised Resolution No. 1236-99 so as to allow the County Manager or his designee, in consultation with the County Attorney’s Office, to make a preliminary determination regarding a lobbyist’s conflict waiver request until the Board is able to make a final determination; and
WHEREAS, the Agreements provide that the Board may take, in its sole discretion, any action regarding a waiver request, including but not limited to the following: (1) grant a waiver and allow the Lobbyist or subcontractor to continue to represent both the County and the other party; (2) refuse to grant a waiver and require the Lobbyist and/or employee, partner, or subcontractor to choose between representing the County or the other party, or to discontinue representing the other party; (3) refuse to grant a waiver and void its contract with the Lobbyist, and/or employee, partner, or subcontractor; and (4) grant a limited waiver and allow the Lobbyist and/or employee, partner, or subcontractor to continue to represent both the County and the other party under whatever limitations or restrictions the County, in its sole discretion, determines to be appropriate; and
WHEREAS, HB 1199 has been filed for the 2006 State Legislative Session that would preempt local regulation of cable franchises and provide for state regulation in this area; and
WHEREAS, similar legislation may surface in the Senate; and
WHEREAS, the telecommunications industry is lobbying for the passage of HB 1199 or similar legislation, while the cable industry and local governments are lobbying against such legislation; and
WHEREAS, a substantial amount of the Tallahassee lobbying corps has been engaged on either one side or the other of this issue; and
WHEREAS, Becker & Poliakoff, P.A. and Gomez Barker & Associates, Inc. have submitted the attached conflict waiver requests related to their representation of AT&T; and
WHEREAS, Ronald L. Book, P.A. has submitted the attached conflict waiver request related to its representation of Bellsouth,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board grants limited conflict waivers to Becker & Poliakoff, P.A., Ronald L. Book, P.A., and Gomez Barker & Associates, Inc. to allow these lobbying firms to represent both the County and their telecommunications clients only on issues not in conflict with the County, but strictly prohibit these lobbying firms from working on behalf of the other client and against the County on HB 1199 or similar legislation and any other issue that conflicts with the interests of the County.