Legislative Matter

Miami-Dade Legislative Item
File Number: 091901

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Clerk's Official Copy

File Number: 091901

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 10-04

Control: Board of County Commissioners

File Name: CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE

Introduced: 6/19/2009

Requester: NONE

Cost:

Final Action: 1/21/2010

Agenda Date: 1/21/2010

Agenda Item Number: 7E

Notes:

6WKS/4WKS REQUIRED

Title:

ORDINANCE RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; AMENDING SECTION 2-11.1(S) OF CODE OF THE MIAMI-DADE COUNTY, FLORIDA, RELATING TO LOBBYING; REQUIRING PRINCIPALS AND LOBBYISTS TO FILE AFFIDAVIT REGARDING CONTINGENCY FEES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:	AMENDING CODE
	LOBBYING

Sponsors:	Sally A. Heyman, Prime Sponsor
	Rebeca Sosa, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	1/21/2010	7E	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing ordinance into the record. Commissioner Heyman noted the intent of the foregoing ordinance was to formalize the existing process requiring principals and lobbyists to file affidavits regarding contingency fees. She also noted the affidavit would provide a better grasp of any violation that may occur, and this ordinance was recommended by the Ethics Commission. Hearing no questions or comments, the Board proceeded to vote on the foregoing ordinance as presented.

Health, Public Safety & Intergovernmental Cmte	12/10/2009	2A	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Chairwoman Heyman opened the public hearing. She closed the public hearing after no one appeared before the Committee in connection with this ordinance. Hearing no other questions or comments, the Committee proceeded to vote on this proposed ordinance as presented.

Board of County Commissioners	11/3/2009		Municipalities notified of public hearing	Health, Public Safety & Intergovernmental Cmte	12/10/2009	6/30/2009

Board of County Commissioners	11/3/2009	7B	Deferred		12/10/2009		P
REPORT:	The foregoing proposed ordinance was deferred to the December 10, 2009, Health, Public Safety & Intergovernmental Committee meeting at 2:00 p.m.

County Attorney	10/29/2009		Referred	Health, Public Safety & Intergovernmental Cmte	12/10/2009

County Manager	10/29/2009		Deferrals	Board of County Commissioners	11/3/2009

Health, Public Safety & Intergovernmental Cmte	10/15/2009	2H	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance, Agenda Items 2I, Legislative File No. 091902 and 2J, Legislative File No. 091903 into the record. Hearing no objection, the Committee heard the items simultaneously. Chairwoman Heyman opened the public hearing and the following individual(s) appeared: Ms. Dina Cellini, 211 Bal Cross Drive, appeared before the Committee, and urged the Committee to accept all of the recommended changes to the foregoing proposed ordinance and Agenda Items 2I and 2J. Chairwoman Heyman stated that the recommended amendments outlined in Agenda Items 2H, 2I and 2J were a collective effort by the Ethics, Integrity and Accountability Taskforce, and the Commission on Ethics and Public Trust Office (Ethics Commission). Ms. Lynne Mullins (phonetic), 10150 Collins Avenue, appeared before the Committee, and spoke in support of all of the proposed amendments outlined in the agenda items. Mr. Cecil Mullins, 10150 Collins Avenue, appeared before the Committee, and spoke in support of all of the proposed amendments. He expressed that the Ethics Commission need more authority. There being no one else wishing to speak before the Committee, Chairwoman Heyman closed the public hearing. The Committee proceeded to vote on Agenda Item 2I, Legislative File No. 091902 as presented. Chairwoman Heyman relinquished the Chair to Vice Chairwoman Sosa. The Committee proceeded to vote on the foregoing proposed ordinance as presented. Chairwoman Heyman resumed the Chair and the Committee proceeded to vote on Agenda Item 2J, Legislative File No. 091903 as presented.

County Attorney	9/11/2009		Referred	Health, Public Safety & Intergovernmental Cmte	10/15/2009

Board of County Commissioners	6/30/2009		Tentatively scheduled for a public hearing	Health, Public Safety & Intergovernmental Cmte	9/10/2009

Board of County Commissioners	6/30/2009	4L	Adopted on first reading		9/10/2009		P
REPORT:	The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Health, Public Safety and Intergovernmental Committee (HPSIC) on Thursday, September 10, 2009, at 2:00 PM.

County Manager	6/23/2009		Requires Municipal Notification	Health, Public Safety & Intergovernmental Cmte	9/10/2009

County Attorney	6/19/2009		Referred	Health, Public Safety & Intergovernmental Cmte	9/10/2009

County Attorney	6/19/2009		Assigned	Gerald K. Sanchez

Legislative Text

TITLE
ORDINANCE RELATING TO CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE; AMENDING SECTION 2-11.1(s) OF CODE OF THE MIAMI-DADE COUNTY, FLORIDA, RELATING TO LOBBYING; REQUIRING PRINCIPALS AND LOBBYISTS TO FILE AFFIDAVIT REGARDING CONTINGENCY FEES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-11.1(s) of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-11.1. Conflict of Interest and Code of Ethics Ordinance.

* * *

(s) Lobbying.
* * *
(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 registrant to lobby. If the lobbyist represents a corporation, the corporation shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, 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 particular client shall file an appropriate notice of withdrawal. The fee for annual registration shall be four hundred 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 subsection (b)(1). The registration fees required by this subsection shall be deposited by the Clerk into a separate account and shall be expended for the purpose of recording, transcribing, 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 registration 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 Commissioners, signed by the principal or the principal's representative, stating that the lobbyist is authorized to represent the principal.>>The principal and the lobbyist must also submit a joint affidavit stating that the principal has not offered and the lobbyist has not agreed to accept any contingency or success fees as defined in subsection (s)(7).<< Failure of a principal to file the [[form required by the preceding sentence]]>>required forms<< may be considered in the evaluation of a bid or proposal as evidence that a proposer or bidder is not a responsible contractor. Each principal shall file a form with the Clerk of the Board at the point in time at which a lobbyist is no longer authorized to represent the principal.

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.