Item R02BOARD OF COUNTY CONMMSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 17, 2010 (KLl Division: County Attorney
Bulk Item: Yes X No _
Staff Contact Person/Phone #: Suzanne Hutton 292-3470
AGENDA ITEM WORDING: Request Approval to advertise a public hearing for an ordinance
amending Monroe County Code Article III, Division 4, providing for registration of lobbyists, providing
definitions, providing for contact logs to be maintained, providing elimination of an exemption for
employees and officers in 1990 from the prohibition against lobbying the county for two years after
leaving their position.
ITEM BACKGROUND: At the April 218, 2010 meeting the BOCC adopted Ordinance No. 11-
2010, which sunsets on November 30, 2010. Numerous complaints regarding the application of the
lobbying ordinance resulted in a number of attempts to amend the ordinance to comport more with the
intent of the BOCC and the desires of the public, but due to lack of consensus the existing ordinance
will sunset at the end of the month. The ordinance attached hereto is an effort to retain the transparency
which was the main purpose of the lobbying ordinance, but limit the registry to those people who are
paid to be lobbyists, and set forth additional requirements to allow the public to see who is meeting with
commissioners, limit the ability to change the procurement process to accommodate entities that lobby
to be considered for contracts without responding to competitive selection invitations, and to eliminate
the exemption from a prohibition against prior officers and employees lobbying the county for two years
after leaving office if they were an officer of or employed by the county in 1990. The attached ordinance
draft shows the existing code provisions (with strike-throughs) that lapse so you can compare what was
with what is proposed.
PREVIOUS RELEVANT BOCC ACTION: Enactment of Ordinances No. 10-1990, No. 20-1990,
and No. 22-2004, prohibiting current and former employees and officials from lobbying activities; and
Ordinance No. 11-2010, requiring registry by anyone lobbying Monroe County BOCC, commissioners,
staff, boards and councils thereof & their members.
CONTRACT/AGREEMENT CHANGES:
STAFF RECONEWENDATIONS: Approval.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No —
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County A OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #.
Commissioner Carruthers
ORDINANCE NO. — 2010
AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER
2, ARTICLE VI, PURCHASING AND CONTRACTS; PROVDING
TERMINATION OF EXCEPTION WHICH ALLOWED OFFICERS
AND EMPLOYEES SO ENGAGED IN 1990 FROM PROHIBITION OF
LOBBYING FOR TWO YEARS AFTER LEAVING OFFICE;
REQUIRING LOBBYISTS TO REGISTER; PROVIDING
PROHIBITION OF LOBBYING ACTIVITIES; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Monroe County passed
Ordinance No. 11-2010 in order to render greater transparency to county processes
leading to action by the county commission by requiring lobbyists to register with the
county; and
WHEREAS, drafts of ordinances to clarify applicability of the original
ordinance, to remove the term "lobbyist" from those who do not get paid to be lobbyists
but who were, under the ordinance required to register, and other efforts to render the
ordinance more palatable in response to the public objections to the requirement to
register; and
WHEREAS, efforts to make changes to the ordinance were unsuccessful and the
ordinance sunsets on November 30, 2010; and
WHEREAS, the sunset date will terminate the definitions of Board,
Compensation, County, County chairman and County mayor, County office,
Development permit, Expenditure, Lobbyist, Planning Commission, and Principal as well
as the requirement for lobbyists to register with the county and related prohibitions and
penalties; and
WHEREAS, the purpose underlying Ordinance No. 11-2010 was to enable the
general public to be more aware of those persons lobbying the county commissioners and
staff for action in favour of the lobbyists' principals; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida,
finds it in the best interests of the residents and taxpayers of this County to continue to
seek a mechanism to render lobbying activities transparent;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Lobbying Ord. Nov. 2010 1
SECTION 1. Section 2-148, Monroe County Code, shall be amended by adding the
following:
Board means the Monroe County Board of County Commissioners.
Compensation means a payment distribution loanadvance reimbursement, deposit,
salary, fee retainer, or anything of valueprovided or owed to a lobbying firm, directly or
indirectly, by aprincipal for any lobbying activity.
County means Monroe County, Florida.
County chairman and County manor are interchangeable terms which mean the Chairman
of the Monroe County Board of County Commissioners.
County office means any governmental office staffed by employees under the authority of
the Board of County Commissioners.
Development permit means the same as this term is defined in F.S. § 163.3164.
Employee means all ersonnel employed by the board of county commissioners.
Expenditure means the same as this term is defined in F.S. § 112.3215.
Lobbyist meansper-seft,-paFtaffship, eeTer-afiefi or- other- business entity that lobbies
on behalf e" pr-ineipal. Lobbyist does not fnean-a Ge=y of other- govemm effieial
pwpose of self representation with= eempeas-efi-e-n- or- reimburse , of ether- personal
any person who is employed and receives payment or who contracts for
economic consideration for the pMose of lobbying on behalf of a principal, and shall
include an employee whose principal or most significant responsibilities to the employer
is overseeing the employer's various relationships with government or representing the
employer in its contacts with government "Lobbyist" shall not include any employee as
defined in this article any elected local official when the official is lobbying on behalf of
the governmental agency which the official serves or any member of the official's staff
when such staff member is lobbying on an occasional basis on behalf of the governmental
agency by which the staff member is employed.
Person means a- natwal- per-seir individuals firms associations, joint ventures,
partnerships estates trusts business trusts syndicates fiduciaries corporations (profit or
not -for -profit), professional corporations or associations and all other groups or
combinations however constituted.
Planning Commission means the local planning agency as further described in the land
development regulations of the Monroe County Code.
Lobbying Ord. Nov. 201 V
Principal means ,
ah e,qwiees of a lebb54st the person or entity a lobbyist represents for
the purpose of lobbying.
SECTION 2. Section 2-148, Monroe County Code, definition of Lobbying shall be
amended to read as follows:
Lobbying means seeking, 'f efAi to in fl .enee
the
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to influence the decision of any county
commissioner, any advisory board member, or any employee with respect to the passage,
defeat or modification of any item which may foreseeable be presented for consideration
to the advisory board or board of county commissioners as applicable.
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Lobbying Ord. Nov. 201 V
SECTION 3. Section 2-149(b), Monroe County Code, shall be amended as follows:
(a) No former county officer or employee shall, within two years following
vacation of office or termination of employment, lobby on behalf of any other
person or business entity in any formal or informal appearance before, or with the
intent to influence, make any oral or written communication on behalf of any
other person or business entity, to:
(1) Any board, commission, authority, or advisory body of the county;
or
(2) Any department, division, special district or bureau of the county,
in connection with current or future procurement of goods and/or services.
(b) This section shall not apply in the case of collective bargaining_ er- to
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SECTION 4. Registration of Lobbyists. Section 2-154, Monroe County Code, shall
be created to read as follows:
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Sec.2-154. Registration.
(a) Registration required Prior to lobbying all lobbyists shall submit an original, fully
executed registration form to county administration A separate registration is required
for each principal represented A registration fee of twenty-five dollars ($25.-0) must be
included with each registration form submitted A registrant shall promptly send a written
statement to county administration canceling the registration for a principal upon
termination of the lobbyist's representation of that principal. This statement shall be
signed by the lobbyist Lobbying prior to registration is prohibited.
(b) Registration form The registration form shall be prepared by county administration
and shall require the following information: 1) the name and address of the lobbyist: 2)
the name and address of the principal represented; 3) the date the lobbyist was initially
retained by the principal• 4) the nature and extent of any direct business association or
partnership the lobbyist and principal might have with any current county commissioner,
advisory board member, or employee• 5) the area of legislative interest; and 6) a
statement confirming that the registrant is authorized to represent the principal. The form
shall be signed by the registrant and the principal.
(c) Registration exceptions Registration shall not be required for the following:
(1) County commissioners advisory board members or employees discussing matters
relevant to their official duties;
(2) Persons under contract with the county who communicate with county
commissioners advisory board members or employees regarding issues related only to
the performance of their services under their contract;
Lobbying Ord. Nov. 201
(3) Any person who lobbies only in his or her individual capacity for the purpose of
self -representation, or
(4) Any person who appears before the board or advisory board in a quasi-judicial
proceeding.
(d) False statements A lobbyist shall not knowingly make or cause to be made, a false
statement or misrepresentation in maintaining registration or when lobbying county
commissioners advisory board members, or employees.
SECTION 5. Section 2-155, Monroe County Code shall be created to read as follows:
Sec. 2-155. Record of contacts.
(a) Contact log. Except when appearing before the board or any advisory board, all
persons whether or not engaging in lobbying. shall sign contact logs maintained and
available in the office of reception of each department of county government. The person
shall provide his or her name whether or not the person is a lobbyist as defined in this
article A lobbyist or a person who is lobbying but not a lobbyist as defined in this
article shall enter on the contact log the name of each principal if any, represented in the
course of the particular contact and the subject matter of the lobbying contact. All
contact logs shall be transmitted to the county administrator at the end of each calendar
quarter and posted to the county website.
(b) Lobbying outside of county offices In the event that a lobbyist engages in lobbying
which is outside of county offices and which is a scheduled appointment initiated by any
person for the purpose of lobbying the lobbyist shall advise the commissioner's office or
employee's department office as appropriate of the calendar scheduling of an appointment
and the subject matter of the lobbying contact.
SECTION 6. Section 2-156, Monroe County Code shall be created to read as follows:
Sec. 2-156. Cone of silence.
(a) Cone of silence means a prohibition on any communication except for written
correspondence regarding a particular request for proposal request for qualification, bid,
or any other competitive solicitation between:
(1) Any person or representative seeking an award from such competitive
solicitation: and
(2) Any count commissioner or commissioner's staff or any employee authorized to
act on behalf of the commission to award a particular contract.
(b) For the purposes of this section a person's representative shall include but not be
limited to the person's employee partner, officer, director, consultant lobbyist, or any
actual or potential subcontractor or consultant of the person.
(c) The cone of silence shall be in effect as of the deadline to submit the proposal, bids
or other response to a competitive solicitation The cone of silence shall remain in effect
and subject to the terms of this section for any person or person's representative who
responds to a particular request for proposal request for qualification bid, or any other
Lobbying Ord. Nov. 201
competitive solicitation and such response is either rejected by the county or withdrawn
by the person or person's representative Each request for proposal, request for
qualification bid or any other competitive solicitation shall provide notice of cone of
silence requirements and refer to this article.
(d) The provisions of this article shall not apply to oral communications at any public
proceeding including pre -bid conferences oral presentations before selection
committees contract negotiations during any public meeting presentations made to the
board and protest hearings Further the cone of silence shall not apply to contract
negotiations between any employee and the intended awardee any dispute resolution
process following the filing of a protest between the person filing the protest and any
employee or any written correspondence at any time with any employee, _count
commissioner, or advisoKy board member or selection committee member unless
specifically prohibited by the applicable competitive solicitation process.
(e) The cone of silence shall not gpply to any purchases made in an amount less than the
competitive bid threshold set forth in the county purchasing ordinance (County Code,
chapter 2, article VI).
(f) The cone of silence shall terminate at the time the board or a county department
authorized to act on behalf of the board awards or approves a contract rejects all bids or
responses or otherwise takes action which ends the solicitation process.
Any contract entered into in violation of the cone of silence provisions in this section
shall render the transaction voidable.
SECTION 7. Section 2-157, Monroe County Code shall be created to read as follows:
Sec.2-157. Enforcement.
(a) If the county administrator is informed of any person who has
failed to comply with the requirements of this article, he or she
shall conduct such investigation as he or she shall deem necessary
under the circumstances The results of each investigation shall be
reported to the board If the county administrator is the one
alleged to have failed to comply with the requirements of this
article the information regarding alleged non-compliance shall be
filed with the county attorney who shall follow the procedures set
forth herein.
(b) After determination of a first violation of registration
requirements the board may warnreprimand or censure the
violator or may suspend or prohibit the violator from appearing on
behalf of any principal before the board or any county advisory
body or from otherwise lobbying for any principal in any fashion
for a period of time,• provided however, that any suspension or
prohibition may not exceed a period of two years and no sanction
shall be imposed unless the lobbyist allegedly in violation has been
afforded reasonable notice and an opportunity to be heard. After
determination of a subsequent violation the board shall suspend or
Lobbying Ord. Nov. 2010
prohibit the violator from appearingon behalf of anv principal
before the board or, any county advisory bodv or from otherwise
lobbying for any principal in any fashion for a period of time;
provided however, that anv suspension or prohibition may not
exceed aperiod of two years, and no sanction shall be imposed
unless the lobbyist allegedly in violation has been afforded
reasonable notice and an opportunity to be heard. The penalties
provided in this subsection shall be the exclusive penalties
imposed for violations of the registration requirements of this
article The failure or refusal of any lobbyist to comply with any
order of the board suspending or prohibiting the lobbyist from
lobbying shall be punishable as provided by law and shall
otherwise be subject to such civil remedies as the county may
pursue including injunctive relief.
(c) The board of county commissioners may void anv action or
contract entered into in connection with a procurement matter
where the county chairmanone or more county commissioners, or
a member of the pertinent procurement committee has been
lobbied in violation of the registration rgporting requirements.
Lobbying Ord. Nov. 2018
SECTION 8. SEVERABILITY. Should any provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the validity of
this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If
this ordinance or any provision thereof shall be held to be inapplicable to any person,
property or circumstances, such holding shall not affect its applicability to any other
person, property or circumstances.
SECTION 9. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said
conflict.
SECTION 10. INCLUSION IN THE CODE OF ORDINANCES. The provisions of
this Ordinance shall be included and incorporated in the Code of Ordinances of the
County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering system of the code.
SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect on
, provided that this Ordinance shall be filed with the Department of State as
provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the _th day of
2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Mario DiGennaro
Commissioner George Neugent
Commissioner Kim Wigington
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
Rv
Deputy Clerk
Lobbying Ord. Nov. 201 V
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
a
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