Miami-Dade Legislative Item
File Number: 101281
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File Number: 101281 File Type: Ordinance Status: Adopted
Version: 0 Reference: 10-34 Control: Board of County Commissioners
File Name: CONFLICT OF INTEREST & CODE OF ETHICS LOBBYIST Introduced: 5/19/2010
Requester: NONE Cost: Final Action: 6/3/2010
Agenda Date: 6/3/2010 Agenda Item Number: 7A
Notes: REQUIRES 6WK/4WK Title: ORDINANCE AMENDING SECTION 2-11.1(S) OF THE CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE TO PROVIDE THAT ANY PRINCIPAL WHO APPEARS AS A LOBBYIST ON BEHALF OF A CORPORATION, PARTNERSHIP OR OTHER ENTITY SHALL NOT BE REQUIRED TO PAY LOBBYIST REGISTRATION FEES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 100087)
Indexes: AMENDING CODE
  CONFLICT OF INTEREST/CODE OF ETHICS
  LOBBYISTS
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-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 6/3/2010 7A Adopted P

Commission Auditor 5/21/2010 Legislative notes attached 6/3/2010

County Attorney 5/19/2010 Assigned Gerald K. Sanchez

Health, Public Safety & Intergovernmental Cmte 5/13/2010 2A AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record and advised the Committee that a scrivener’s error existing in the title should be corrected to read “Section 2-11.1(S)” instead of “Section 2-1.1(S).” Chairwoman Heyman opened the public hearing. After hearing no one wishing to speak, Chairwoman Heyman closed the public hearing. Commissioner Diaz offered an amendment to the foregoing proposed ordinance to delete the requirement for any principal who appears as a lobbyist on behalf of a corporation, partnership or other entity to request a waiver of the lobbyist registration fee. Assistant County Attorney Sanchez clarified the amendment would delete the language “but, upon request” from section 2-11.1(S) (3) (b). Chairwoman Heyman expressed her concern with the legal sufficiency to define “principal.” Mr. Robert Meyers, Executive Director, Commission on Ethnics and Public Trust (COE), read into the record the COE’s definition for principal as follows: “an owner or president or chief shareholder of a corporation or an individual that has been designated or has the apparent authority to make final decisions on behalf of a corporate entity.” In response to Chairwoman Heyman’s concern regarding legal sufficiency, Assistant County Attorney Sanchez stated the proposed language read by Mr. Meyers met legal sufficiency. The Committee forwarded the foregoing proposed ordinance with a favorable recommendation with Committee amendment(s) to delete the language “but, upon request” from section 2-11.1(s) (3) (b); and to include language defining “principal” as an “owner or president or chief shareholder of a corporation or an individual that has been designated or has the apparent authority to make final decision on behalf of a corporate entity.”

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-11.1(S) OF THE CONFLICT OF INTEREST AND CODE OF ETHICS ORDINANCE TO PROVIDE THAT ANY PRINCIPAL WHO APPEARS AS A LOBBYIST ON BEHALF OF A CORPORATION, PARTNERSHIP OR OTHER ENTITY SHALL NOT BE REQUIRED TO PAY LOBBYIST REGISTRATION 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 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.

(1) (a) As used in this section, "County personnel" means those County officers and employees specified in Section 211.1(i)(2) of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance.

(b) As used in this section, "Lobbyist" means all persons, firms, or corporations employed or retained by a principal who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the County Commission; (2) any action, decision, 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 on such action, decision or recommendation which foreseeably will be heard or reviewed 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 representing 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 specialized information or testimony in public meetings; any person who only appears as a representative of a neighborhood association without compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item; any person who only appears as a representative of a not-for-profit community based organization for the purpose of requesting a grant without special compensation or reimbursement for the appearance; and employees of a principal whose normal scope of employment does not include 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 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. Failure of a principal to file the form required by the preceding sentence 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.

(3) (a) Any public officer, employee or appointee who only appears in his or her official capacity shall not be required to register as a lobbyist.

(b) Any person who only appears in his or her individual capacity for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist. >>A principal of any corporation, partnership or other entity who appears as a lobbyist on behalf of that entity, without special compensation or reimbursement 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 subsection, but<< [[, upon request,]]2 >>shall not be required to pay any registration fees.<<


* * *

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.

2 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or >>double arrowed<< constitute the amendment proposed.



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