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Item O2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 16 . 2009 Division: BOCC District 1 Bulk Item: Yes ---X- No Department: Commissioner Wigington Staff PersonlPhone # Wilma Corbin 292-3440 AGENDA ITEM WORDING: Approval to advertise a public hearing for the purpose of adopting 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. Momoe County government functions to serve the needs of all citizens. The citizens of Momoe Comity 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. 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: On 8/19/09, the Board discussed a request for approval to advertise a Public Hearing for an Ordinance prohibiting lobbying of County officials and employees from the time a solicitation is advertised until the award of contract, and adding to the bases for debarment the violation of the lobbying prohibition. The item was tabled. STAFF RECOMMENDATIONS: TOTAL COST: INDIRECT COST: _N/A_BUDGETED: Yes _No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes XX No_AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included x Not Required_ DISPOSITION: Revised 1/09 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. Comvensation 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 mayor 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. Exvenditure means the same as this term is defined in F.S. ~ 112.3215. 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 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. 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 chairman. (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. Commissioner Wigington ( 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 lobbyises name and business address: (2) The name and business address of each principal represented: (3) The specific areas of the principars 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] the county chairman or any other member of the board, any staff member to a county commissioner, any county employee assigned to the county chairman's staff, the county administrator. any deputy or assistant county administrator, the county attorney, any county division director, or any county department manager. (d) The County Clerk shall publish the Registry 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 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. Commissioner Wigington (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. 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. (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 Commissioner Wigington 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