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HomeMy WebLinkAboutItem S1 * 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 17. 2010 Division: County Attorney Bulk Item: Yes XX No Staff Contact Person: Commissioner Wigington #3440 Suzanne Hutton #3473 AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance implementing a Monroe County Lobbyist Registry, utilizing lobbyist registration fees and financial reporting, ITEM BACKGROUND: It is in the public interest to ensure adequate disclosure of information about efforts to lobby County government. Monroe County government functions to serve the needs of all citizens. The citizens of Monroe County have a aright to know the identity of interests which attempt to influence decisions of County government; as well as the means employed by those interests. Public disclosure of the financing of lobbyists and those who employ their services is essential to citizen confidence in the integrity of their local government. PREVIOUS RELEVANT BOCC ACTION: 12/16/09 BOCC approved public hearing for 1/20/10 @3:00 p.m. 8/19/09 BOCC tabled request for approval to advertise a public hearing on an ordinance drafted to prohibit certain types oflobbying activities 1/20/10 BOCC continued public hearing to 2/17/10 @ 3:00 p.m. in Key Largo CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: N/A BUDGETED: Yes XX No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes XX No AMOUNT PER MONTH Year APPROVED BY: County Atty ~ OlYffi/Purchasing _ Risk Management_ DOCUMENTATION: Included XX Not Required_ DISPOSITION: AGENDA ITEM # Commissioner Wigington ORDINANCE NO. - 2010 AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2, PROVIDING FOR REGULATION OF LOBBYING ACTIVITIES; 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, it is in the public interest to ensure adequate disclosure of information about efforts to lobby County government; and WHEREAS, Monroe County government functions to serve the needs of all citizens and those citizens have a right to know the identity of interests which attempt to influence decisions of County government, as well as the means employed by those interests; and WHEREAS, public disclosure of the financing of lobbyists and those who employ their services is essential to citizen confidence in the integrity of their local government; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 2-148, Monroe County Code, shall be amended by adding the following definitions: Board means the Monroe County Board of County Commissioners. Compensation means fees, retainer, contract payments, salary, wages, any other payment of money, or any other consideration of any kind, either monetary or nonmonetary, except that compensation does not include direct reimbursement of actual out-of-pocket expenses. County means Monroe County, Florida. County chairman and County mavor are interchangeable terms which mean the Chairman of the Monroe County Board of County Commissioners. Development permit means the same as this term is defined in F.S. & 163.3164. Expenditure means the same as this term is defined in F.S. & 112.3215. Lobbying Registry 1 Commissioner Wigington Lobbvist means any person, partnership, corporation or other business entity that receives compensation to lobby on behalf of a principal. Further, lobbyist means an employee of a principal only when governmental relations, acting as a governmental liaison, or communicating with governmental agencies is a primary or substantial part of the employee's ongoing iob responsibilities. Lobbyist does not mean a county officiaL county employee or any other person affiliated with the county while acting in his or her official capacity. Any person who only appears in his or her individual capacity for the purpose of self-representation without compensation or reimbursement to express support of or opposition to any item, shall not be required to register as a lobbyist. Princival means the person, partnership, joint venture, trust, association, corporation, governmental entity or other entity which has contracted for, employed, retained or otherwise engaged the services of a lobbyist. SECTION 2. Section 2-148, Monroe County Code, definition of Lobbying shall be amended to read as follows: Lobbying means.;. a. 8any degree of advocating by brand name or corporate name any product or service, whether done through individual private or public personnel effort, with or without receiving, having received, or intending to receive funds from any source of such advocation; or b. Any of the following acts which seek to encourage the approvaL disapprovaL adoption, repeaL rescission, passage, defeat or modification of any ordinance, resolution, agreement development permit, other type of permit, franchise, contract vendor, consultant contractor, recommendation, decision or other foreseeable action of the board: (1) To communicate or the act of communicating directly with the county chairman, with any other member of the board, or with any member of a procurement committee, or (2) To communicate indirectly with the county chairman or any other member of the board by communicating with county officer or employee, or advisory board member. Lobbying shall include all such communications. regardless of whether initiated by the lobbyist or by the person being lobbied and regardless of whether oraL written or electronic. SECTION 3. Registration of Lobbyists. Section 2-154, Monroe County Code, shall be created to read as follows: 2-154. Registration and Re-registration of Lobbyists. a) All lobbyists shall register and re-register with the County Clerk at the times specified in this article and on the forms prescribed from time to time by the County Administrator. (b) All lobbyists shall, at the time of initial registration and each annual registration, pay a registration fee of three hundred dollars ($300.00). No lobbyist shall be required in any year to pay more than three hundred dollars ($300.00) to register, regardless of the number of principals represented. Registration fees shall be used first to offset the costs of the Clerk in implementing Lobbying Registry 2 Commissioner Wigington and maintaining the registry created under this article. Any fees in excess of the Clerk's costs shall be remitted to the general fund to offset the costs of County administration and the County Attorney's office with respect to the registry. (c) The forms prescribed for the registration and re-registration of lobbyists shall require, at a minimum, the following information and State under oath: (1) The lobbyist's name and business address; (2) The name and business address of each principal represented; (3) The specific areas of the principafs governmental interest: (4) Where the principal is a corporation or association, the name of the chief executive officer of the corporation or association: (5) Where the principal is a general partnership or joint venture, the names of all partners; (6) Where the principal is a limited partnership, the name of the general partner or partners: (7) Where the principal is a trust. the names of all trustees and beneficiaries; (8) Where the principal is a partnership, joint venture, corporation, association, trust or nongovernmental entity other than a natural person, the names of all natural persons holding, directly or indirectly, a five (5) percent or more ownership interest in the entity: and (9) Disclosure of any business, professional or familial relationship that the lobbyist or any employee of the lobbyist may have-with any county officer or county employee. (d) The County Clerk shall post the Registry to the County website on a quarterly basis reflecting registrations which have been filed in accordance with this ordinance. The Clerk shall notify the Board of the failure of a lobbyist to file a report and/or pay the assessed fines. (e) All lobbyists shall register with the County Clerk within five (5) business days of being retained as a lobbyist. before engaging in any lobbying activities, whichever shall come first. and re-register prior to January first of each year. Lobbying prior to registration is prohibited. Each lobbyist who ceases lobbying for a particular principal shall file a written notice of withdrawal. There shall be no fee for filing a notice of withdrawal. Cf) Statement of lobbying expenditures. On or before April first of each year, all lobbyists shall submit to the County Clerk a statement signed under oath listing all expenditures incurred by the lobbyist during the preceding calendar year for the purpose of lobbying. Such statement shall be prepared and shall disclose such information as is prescribed in F.S. ~ 112.3215 for executive branch lobbyists, except that reports shall be submitted only annually and shall pertain only to expenditures incurred by the lobbyist. not the principal. Any lobbyist who fails to file the required expenditure report by April first shall be assessed an administrative fine of $50.00 per day through the day that the report is filed. Any lobbyist who fails to file the required expenditure report by June first shall be automatically suspended from lobbying until all fines are paid. Lobbying Registry 3 Commissioner Wigington (1) In order to resume lobbying activities prior to or as of January first of the following year. the lobbyist shall pay the administrative fee of $3.050 for not filing between April first and June first. and shall submit the required statement of expenditures. Any lobbyist suspended under this subsection shall not be allowed to register for a period of three years without paying the $3.050 administrative fine and submitting the expenditure statement. (g) Investigation of violations: penalties; validity of actions. (1) The county attorney or county administrator. or their designee. shall be informed by any county employee or officer who knows of any of any person engaged in lobbying activities who has failed to comply with the registration and expenditure reporting requirements of this article and. in each such instance. 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. (2) Mter determination of a first violation of registration or reporting requirements. the board may warn. reprimand 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 (2) years. and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. Mter determination of a subsequent violation. the board shall 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 (2) years. and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. Except for the administrative fine specified above for late filing of expenditure reports. the penalties provided in this subsection shall be the exclusive penalties imposed for violations of the registration and reporting 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. (3) The board of county commissioners may void any action or contract entered into in connection with a procurement matter where the county chairman. one or more county commissioners. or a member of the pertinent procurement committee has been lobbied in violation of the registration and expenditure reporting requirements. Lobbying Registry 4 Commissioner Wigington SECTION 4. 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 5. 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 6. 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 5. 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 Tern Heather Carruthers Commissioner Mario DiGennaro Commissioner George Neugent Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson Lobbying Registry 5 IJ /-ferno..-Ie Ve"s /c)y1 Commissioner Wigington ORDINANCE NO. - 2010 AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2, PROVIDING FOR REGULATION OF LOBBYING ACTIVITIES; 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, it is in the public interest to ensure adequate disclosure of information about efforts to lobby County government; and WHEREAS, Monroe County government functions to serve the needs of all citizens and those citizens have a right to know the identity of interests which attempt to influence decisions of County government, as well as the means employed by those interests; and WHEREAS, public disclosure of the financing of lobbyists and those who employ their services is essential to citizen confidence in the integrity of their local government; and WHEREAS, it is a routine matter for employees and volunteers of not-for-profit organizations to appear before the Board of County Commissioners for Monroe County and the applicable advisory boards to the Commission, identify themselves and their affiliation with their organization, and to seek funding or to influence proposed legislation on behalf of their organization; and WHEREAS, there is no intent to require registry of not-for-profit organizations and their employees and agents unless the primary purpose of a not-for-profit organization is to influence legislative and administrative decision-making of governmental entities; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 2-148, Monroe County Code, shall be amended by adding the following definitions: Board means the Monroe County Board of County Commissioners. Compensation means fees, retainer, contract payments, salary, wages, any other payment of money, or any other consideration of any kind, either monetary or nonmonetary, except that compensation does not include direct reimbursement of actual out-of-pocket expenses. County means Monroe County, Florida. Lobbying Registry Alt 2-2-10 1 Commissioner Wigington County chairman and County mavor are interchangeable terms which mean the Chairman of the Monroe County Board of County Commissioners. Development vermit means the same as this term is defined in F.S. & 163.3164. Exvenditure means the same as this term is defined in F.S. & 112.3215. Lobbvist means any person, partnership. corporation or other business entity that receives compensation to lobby on behalf of a principal. Further. lobbyist means an employee of a principal only when governmental relations. acting as a governmental liaison, or communicating with governmental agencies is a primary part of the employee's ongoing job responsibilities. Lobbyist does not mean a county or other local government official, employee, or any other person affiliated with a local government while acting in his or her official capacity. Any person who only appears in his or her individual capacity for the purpose of self-representation without compensation or reimbursement to express support of or opposition to any item, shall not be required to register as a lobbyist. Princival means the person, partnership. joint venture, trust. association, corporation, governmental entity or other entity which has contracted for, employed, retained or otherwise engaged the services of a lobbyist. SECTION 2. Section 2-148, Monroe County Code, definition of Lobbying shall be amended to read as follows: Lobbying means~ a. Aany degree of advocating by brand name or corporate name any product or service, whether done through individual private or public personnel effort, with or without receiving, having received, or intending to receive funds from any source of such advocation: or b. Any of the following acts which seek to encourage the approval, disapproval, adoption. repeaL rescission. passage. defeat or modification of any ordinance. resolution. agreement. development permit, other type of permit. franchise, contract. vendor. consultant. contractor, recommendation. decision or other foreseeable action of the board: (1) To communicate or the act of communicating directly with the county chairman. with any other member of the board, or with any member of a procurement committee, or (2) To communicate indirectly with the county chairman or any other member of the board by communicating with county officer or employee. or advisory board member. Lobbying shall include all such communications, regardless of whether initiated by the lobbyist or by the person being lobbied and regardless of whether oral, written or electronic. SECTION 3. Registration of Lobbyists. Section 2-154, Monroe County Code, shall be created to read as follows: 2-154. Registration and Re-registration of Lobbyists. Lobbying Registry Alt 2-2-10 2 Commissioner Wigington a) All lobbyists shall register and re-register with the County Clerk at the times specified in this article and on the forms prescribed from time to time by the County Administrator. (b) All lobbyists shall. at the time of initial registration and each annual registration, pay a registration fee of three hundred dollars ($300.00). No lobbyist shall be required in any year to pay more than three hundred dollars ($300.00) to register. regardless of the number of principals represented. Registration fees shall be used first to offset the costs of the Clerk in implementing and maintaining the registry created under this article. Any fees in excess ofthe Clerk's costs shall be remitted to the general fund to offset the costs of County administration and the County Attorney's office with respect to the registry. (c) The forms prescribed for the registration and re-registration of lobbyists shall require. at a minimum, the following information and State under oath: (1) The lobbyistts name and business address: (2) The name and business address of each principal represented~ (3) The specific areas of the principal IS governmental interest: (4) Where the principal is a corporation or association, the name of the chief executive officer of the corporation or association~ (5) Where the principal is a general partnership or joint venture. the names of all partners~ (6) Where the principal is a limited partnership. the name of the general partner or partners: (7) Where the principal is a trust, the names of all trustees and beneficiaries: (8) Where the principal is a partnership. joint venture. corporation. association. trust or nongovernmental entity other than a natural person. the names of all natural persons holding. directly or indirectly. a five (5) percent or more ownership interest in the entity~ and (9) Disclosure of any business. professional or familial relationship that the lobbyist or any employee of the lobbyist may have with any county officer or county employee. (d) The County Clerk shall post the Registry to the County website on a quarterly basis reflecting registrations which have been filed in accordance with this ordinance. The Clerk shall notify the Board of the failure of a lobbyist to file a report and/or pay the assessed fines. (e) All lobbyists shall register with the County Clerk within five (5) business days of being retained as a lobbyist. before engaging in any lobbying activities. whichever shall come first. and re-register prior to January first of each year. Lobbying prior to registration is prohibited. Each lobbyist who ceases lobbying for a particular principal shall file a written notice of withdrawal. There shall be no fee for filing a notice of withdrawal. (f) Statement of lobbying expenditures. On or before April first of each year. all lobbyists shall submit to the County Clerk a statement signed under oath listing all expenditures incurred by the lobbyist during the preceding calendar Lobbying Registry Alt 2-2-10 3 Commissioner Wigington year for the purpose of lobbying. Such statement shall be prepared and shall disclose such information as is prescribed in F.S. 9 112.3215 for executive branch lobbyists. except that reports shall be submitted only annually and shall pertain only to expenditures incurred by the lobbyist. not the principal. Any lobbyist who fails to file the required expenditure report by April first shall be assessed an administrative fine of $50.00 per day through the day that the report is filed. Any lobbyist who fails to file the required expenditure report by June first shall be automatically suspended from lobbying until all fines are paid. (1) In order to resume lobbying activities prior to or as of January first of the following year, the lobbyist shall pay the administrative fee of $3,050 for not filing between April first and June first. and shall submit the required statement of expenditures. Any lobbyist suspended under this subsection shall not be allowed to register for a period of three years without paying the $3.050 administrative fine and submitting the expenditure statement. (g) Investigation of violations: penalties: validity of actions. (1) The county attorney or county administrator. or their designee, shall be informed by any county employee or officer 'who knows of any of any person engaged in lobbying activities who has failed to comply with the registration and expenditure reporting requirements of this article and, in each such instance, 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. (2) After determination of a first violation of registration or reporting requirements. the board may warn. reprimand 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 (2) 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 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 (2) years. and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. Except for the administrative fine specified above for late filing of expenditure reports. the penalties provided in this subsection shall be the exclusive penalties imposed for violations of the registration and reporting 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. Lobbying Registry Alt 2-2-10 4 Commissioner Wigington (3) The board of county commissioners may void any action or contract entered into in connection with a procurement matter where the county chairman, one or more county commissioners. or a member of the pertinent procurement committee has been lobbied in violation of the registration and expenditure reporting requirements. SECTION 4. 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 5. 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 6. 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 5. 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 Tern Heather Carruthers Commissioner Mario DiGennaro Commissioner George Neugent Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson Lobbying Registry Alt 2-2-10 5 XIV FD 6R{/~-U~ ~ --r __ --r OK'!v~rY ~o~~~E (305) 294-4641 (,."---- Suzanne'A. Hutton, County Attorney** Robert B. Shillinger, Chief Assistant County Attorney ** Pedro J. Mercado, Assistant County Attorney "'" Susan M. Grimsley, Assistant County Attorney ** Natileene W. Cassel, Assistant County Attorney Cynthia L. Hall, Assistant County Attorney Christine Limbert-Barrows, Assistant County Attorney Derek V. Howard, Assistant County Attorney Lisa Granger, Assistant County Attorney ** Board Certified in City, County & Local Govt. Law TO: County Commissioners County Administrator FROM: Suzanne Hutton County Attorney RE: Lobbying Registry Ordinance BOARD OF COUNTY COMMISSIONERS Mayor Sylvia J. Murphy, District 5 Mayor Pro Tern Heather Carruthers, District 3 Kim Wigington, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 Office of the County Attorney 1111 12'h Street, Suite 408 Key West, FL 33040 (305) 292-3470 - Phone (305) 292-3516 - Fax Subsequent to the January HOCC regular meeting, I contacted Robert Meyers, Executive Director of the Miami-Dade Commission on Ethics for additional input. I circulated a memorandum to you regarding his comments and issues that he raised, but have received very little feedback. In attempting to revise the ordinance, I have inserted for your consideration alternative language from the state statutes re lobbying the state legislature. Further, I am mentioning some issues below in an attempt to try to bring a document to the February agenda that can be dealt with in a concise manner and not with attempts to re-draft language throughout the ordinance during the public hearing. In addition, it should be noted that the state also requires registration of state employees as well as state university and community college employees who appear before, or even attend sessions, of the legislature or any committees thereof for purposes of influencing votes on legislative matters. Translated to local circumstances, if this were to be applied to local governments, this would require any of the city managers who show up at any of our commission meetings to register, even if they do not make a presentation to the HOCC at the meeting. If we were to take it a step further, the various planning consultants who often show up in the back of the HOeC meeting room but do not address the Hoee on their clients' behalves could be required to register. As the draft ordinance now reads, lobbying is deemed to occur only where the attempts at influence are on an individual basis and not as part of a public presentation to the commission as a whole during a noticed, public meeting. If it is intended that anyone who appears before the HOCC be required to register, additional language should be added to clarify that. During the last HOCC meeting, it appeared that there might be some support for a provision that would exempt not-for-profits from paying a registration fee. As I understand the HOCC direction, the ordinance is intended to have no requirement for not-far-profits whose primary purpose is something other than influencing legislation to register and no requirement for their employees to register unless they have been employed for the primary purpose of lobbying governmental entities. However, there was considerable discussion on the issue of not-far-profit organizations, and I didn't get any clear sense of a direction to require all not-for-profits to register but exempt them from the registry fee. That is what Miami-Dade provides - all register, no fee for not-for-profits. Miami-Dade also requires registry of the principals of small businesses who lobby for contracts and legislative matters, even though they have not hired someone to lobby on their behalf, and recently passed an ordinance to waive the fees for them as well. Further, Miami-Dade does not distinguish between those who are paid to lobby and those who are not, for example a non-paid member of a not-for-profit's board of directors. All who try to influence an action have to register. It is clear from the discussion at last month's meeting that there is no intent to force a lobbyist log to be kept by each commissioner, and no requirement that before entertaining input from anyone for a commissioner to verify whether they are a registered lobbyist, particularly since numerous people address commissioners on their ways in and out of the meeting room. However, I will note that Miami-Dade requires lobbyists to sign in whenever they are lobbying a decision-maker, except that there is no mechanism in place to capture that information for phone or e-mail communications. . 61l ( K - u f' fit -r; /2/1/11 ~nmUssion.r Wig;ngton {!If} &- U f1 {y v ORDINANCE NO. - 2010 AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2, PROVIDING FOR REGULATION OF LOBBYING ACTIVITIES; 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, it is in the public interest to ensure adequate disclosure of information about efforts to lobby County government; and WHEREAS, Monroe County government functions to serve the needs of all citizens and those citizens have a right to know the identity of interests which attempt to influence decisions of County government, as well as the means employed by those interests; and WHEREAS, public disclosure of the financing of lobbyists and those who employ their services is essential to citizen confidence in the integrity of their local government; and NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 2-148, Monroe County Code, shall be amended by adding the following definitions: Board means the Monroe County Board of County Commissioners. Compensation means fees. retainer, contract payments. salary. wages. any other payment of money, or any other consideration of any kind. either monetary or nonmonetary, except that compensation does not include direct reimbursement of actual out-of-pocket expenses. County means Monroe County. Florida. Lobbying Registry 1 Commissioner Wigington County chairman and County mavor are interchangeable terms which mean the Chairman of the Monroe County Board of County Commissioners. Develovment permit means the same as this term is defined in F.S. ~ 163.3164. Expenditure means the same as this term is defined in F.S. ~ 112.3215. 't'@~~'nIt!:g91f!iQm]ill!IQmKffi,S:j,1~~~Q!SJl]~iK~~~l~i~2:~]~1~f~];j Lobbvist means any person, partnership. corporation or other business entity that receives compensation to lobby on behalf of a principal. Further. lobbyist means an employee of a principal only when governmental relations. acting as a governmental liaison. or communicating with governmental agencies is a primary or substantial part of the employee's ongoing job responsibilities. Lobbyist does not mean a county official. county employee or any other person affiliated with the county while acting in his or her official capacity. Any person who only appears in his or her individual capacity for the purpose of self-representation without compensation or reimbursement to express support of or opposition to any item, shall not be required to register as a lobbyist. U0~(€~:tn~1{~g[fr:q,mlil~t~~J!,]~t~:tg;t~<~lliQh.i!,j&6~,yXo'g,i,$t~~g1HggI~I~tg"[~;j]jlES11~f~EtQ~S Lobbying Registry 2 Commissioner Wigington Principal means the person. partnership. joint venture. trust. association. corporation. governmental entity or other entity which has contracted for. employed. retained or otherwise engaged the services of a lobbyist. SECTION 2. Section 2-148, Monroe County Code, definition of Lobbying shall be amended to read as follows: ' Lobbying means~ a. ~any degree of advocating by brand name or corporate name any product or service, whether done through individual private or public personnel effort, with or without receiving, having received, or intending to receive funds from any source of such advocaJion~ or b. Any of the following acts which seek to encourage the approvaL disapproval. adoption, repeaL rescission, passage. defeat or modification of any ordinance. resolution. agreement. development permit. other type of permit. franchise, contract. vendor. consultant. contractor, recommendation. decision or other foreseeable action of the board: (1) To communicate or the act of communicating directly with the county chairman. with any other member of the board, or with any member of a procurement committee. or (2) To communicate indirectly with the county chairman or any other member of the board by communicating with county officer or employee. or advisory board member. Lobbying shall include all such communications, regardless of whether initiated by the lobbyist or by the person being lobbied and regardless of whether oral. written or electronic. Ul!8I~~rri~t!M~~rf[g'DJ~~~c~Ig]t~f[t,Y:t~~il;9-QlliQlS]y,Itfg'&~t~tglW~gI~T~f~rgl~~ €iR ;";\l$:t~,t.~'[~t~i~~,t~$,r'QnllQJ~~MIngl[~t~rt~jr,~~~gMfIMglQffi'g:g~rl~~i1ql! Lobbying Registry 3 Commissioner Wigington SECTION 3. Registration of Lobbyists. Section 2-154, MOlioe County Code, shall be created to read as follows: 2-154. Registration and Re~registration of Lobbyists. a) All lobbyists shall register and re-register with the County Clerk at the times specified in this article and on the fonus prescribed from time to time by the County Administrator. (b) All lobbyists shall, at the time of initial registration and each annual registration, pay a registration fee of three hundred dollars ($300.00). No lobbyist shall be required in any year to pay more than three hundred dollars ($300.00) to register. regardless of the number of principals represented. Registration fees shall be used first to offset the costs of the Clerk in implementing and maintaining the registry created under this article. Any fees in excess of the Clerk's costs shall be remitted to the general fund to offset the costs of County administration and the County Attorney's office with respect to the registry. (c) The fonus prescribed for the registration and re-registration of lobbyists shall require. at a minimum. the following information and State under oath: (1) The lobbyises name and business address: (2) The name and business address of each principal represented: (3) The specific areas of the principal's governmental interest: (4) Where the principal is a corporation or association. the name of the chief executive officer of the corporation or association: (5) Where the principal is a general partnership or joint venture. the names of all partners: (6) Where the principal is a limited partnership. the name of the general partner or partners: (7) Where the principal is a trust. the names of all trustees and beneficiaries: (8) Where the principal is a partnership. joint venture. corporation. association. trust or nongovernmental entity other than a natural person, the names of all natural persons holding. directly or indirectly, a five (5) percent or more ownership interest in the entity: and (9) Disclosure of any business, professional or familial relationship that the lobbyist or any employee of the lobbyist may have with any county officer or county employee. Lobbying Registry 4 Commissioner Wigington Cd) The County Clerk shall post the Registry to the County website on a quarterly basis reflecting registrations which have been filed in accordance with this ordinance. The Clerk shall notify the Board of the failure of a lobbyist to file a report and/or pay the assessed fines. (e) All lobbyists shall register with the County Clerk within five (5) business days of being retained as a lobbyist, before engaging in any lobbying: activities. whichever shall come first. and re-register prior to January first of each year. Lobbying prior to registration is prohibited. Each lobbyist who ceases lobbying for a particular principal shall file a written notice of withdrawal. There shall be no fee for filing a notice of withdrawal. (t) Statement of lobbying expenditures. On or before April first of each year. all lobbyists shall submit to the County Clerk a statement signed under oath listing all expenditures incurred by the lobbyist during the preceding calendar year for the purpose of lobbying. Such statement shall be prepared and shall disclose such information as is prescribed in F.S. ~ 112.3215 for executive branch lobbyists, except that reports shall be submitted only annually and shall pertain only to expenditures incurred by the lobbyist. not the principal. Any lobbyist who fails to file the required expenditure report by April first shall be assessed an administrative fine of $50.00 per day through the day that the report is filed. Any lobbyist who fails to file the required expenditure report by June first shall be automatically suspended from lobbying until all fines are paid. (1) In order to resume lobbying activities prior to or as of January first of the following year, the lobbyist shall pay the administrative fee of $3.050 for not filing between April first and June first. and'shall submit the required statement of expenditures. Any lobbyist suspended under this subsection shall not be allowed to register for a period of three years without paying the $3,050 administrative fine and submitting the expenditure statement. (g) Investigation of violations: penalties: validity of actions. (1) The county attorney or county administrator. or their designee. shall be informed by any county employee or officer who knows of any of any person engaged in lobbying activities who has failed to comply with the registration and expenditure reporting requirements of this article and, in each such instance. 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. (2) After determination of a first violation of registration or reporting requirements, the board may warn, reprimand 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 (2) 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 Lobbying Registry 5 Commissioner Wigington of a subsequent violation. the board shall 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 (2) years. and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. Except for the administrative fine specified above for late filing of expenditure reports, the penalties provided in this subsection shall be the exclusive penalties imposed for violations of the registration and reporting 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. (3) The board of county commissioners may void any action or contract entered into in connection with a procurement matter where the county chairman. one or more county commissioners. or a member of the pertinent procurement committee has been lobbied in violation of the registration and expenditure reporting requirements. SECTION 4. 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 5. 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 6. 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 5. 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 Lobbying Registry 6 Mayor Pro Tem Heather Carruthers Commissioner Mario DiGennaro Commissioner George Neugent Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk By Deputy Clerk Lobbying Registry Commissioner Wigington BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson 7 OAcJ<-clf Page 1 of 1 Hutton-Suzanne From: Hutton-Suzanne Sent: Friday, January 22, 2010 4:47 PM To: Murphy-Sylvia Cc: Hanson-Donna Subject: Lobbying Registry Commissioner: I got a bunch of comments and questions from Mr. Meyers, the executive director of the ethics commission in Miaim- dade. Unfortunately, my ESP skills have pretty much been decimated in the past week, & I haven't a clue what any of you think any more. I am circulating the exact same email to each commissioner but emailing you individually so there is no risk of a "Reply to All," thus violating the Sunshine law. Please look over the following & let me know your thoughts. If there seems to be a consensus, I will make changes to the ordinance accordingly, or I may end up with a bunch of alternatives. (1) The idea of a public meeting exception from the need to register (only need to register if tobby one-on-one) makes sense - assuming the person on the record indicates who he/she is representing and that he/she has the authority to represent that entity or individual. Miami-Dade rules exempt those from tre registration process only when they appear at quasi-judicial proceedings where ex parte communications are prohibited. Those who appear at other public meetings are still required to register. (2) It seems that the Monroe scheme is intended not to require that a representative is unpaid but is representing a third party would not be required to register. One is not considered a lobbyist in the City of Miami if you are not being paid to represent a third party & doesn't have to register. Miami-Dade County takes the position that a person who is retained does not necessarily have to be paid and there should a record of those who repres~nt the interests of others whether or not they are paid, & does have to register. (3) In Miami.Dade County, no distinction is made for non-profit representatives. Whether one is a paid staffer or board member for the non-profit, you must still register, but the registration fee is waived. However, they do exempt certain non-profits (their employees and board members) from registering if there sole purpose in meeting with an official one- on-one or appearing at a public meeting is to seek grant funding. (4) There is a comment that our draft ordinance may be difficult to administer and enforce. Id does not make a violation a misdemeanor, but only provides 2 remedies - suspension from being able to lobby for a time, and the right of the SOCC to rescind or revoke its approval of the action which was taken and which had been the subject of unregistered lobbying. An alternative is to create a misdemeanor, which at this time would be prosecuted by the State Attorney. (5) Miami-Dade requires corporate business owners to register as lobbyists and that has created quite a backlash, especially within the small business community. Their thinking is that the corporation is a distinct legal entity, so the principal isn't really representing himself/herself but rather the interests of the corporation. (6) The point of a lobbying registry seemed somewhat pointless to Mr. Meyer if there is to be no record kept of the people who lobby commissioners. They require lobbyists to sign in whenever they are lobbying a decision-maker, but they still aren't capturing those lobbying activities by phone or e-mail or out-of-the-office contacts. s~ A. ':?t<<ttM County Attorney Monroe County PO Box 1026 Key West. FI. 33041-1026 305.292-3470 2/2/2010