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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2011-018Temp. Ord. # 2237 November 9, 2011 Page 1 1 ORDINANCE NO. /T 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 4 TAMARAC, FLORIDA AMENDING CHAPTER 2 OF THE CITY OF 5 TAMARAC CODE OF ORDINANCES, ENTITLED 6 "ADMINISTRATION"; BY SPECIFICALLY CREATING ARTICLE 7 XII, TO BE CALLED "LOBBYING ACTIVITIES"; PROVIDING 8 FOR DEFINITIONS; PROVIDING FOR LOBBYIST 9 REGISTRATION; PROVIDING FOR FILING OF A CONTACT LOG; 10 PROVIDING FOR A PROHIBITION ON USE OF LOBBYING 11 STATEMENTS; PROVIDING FOR CONTINGENCY FEES, AND 12 DISCLOSURES; PROVIDING FOR PENALTIES; PROVIDING FOR 13 CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING 14 FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE 15 DATE. 16 17 WHEREAS, Broward County recently enacted Ordinance #2011-19, requiring all 18 municipalities in Broward County to establish lobbyist registration procedures; and 19 WHEREAS, the City Commission deems it to be in the best interests of the City to 20 enact lobbyist registration regulations; and 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF TAMARAC, FLORIDA, THAT: 23 Section 1: The foregoing "WHEREAS" clause is hereby ratified as true and 24 correct and is incorporated herein by this reference. 25 Section 2: Part II, Chapter 2, of the Code of Ordinances of the City of Tamarac, 26 entitled "Administration", is amended by creating Article XII to be entitled "Lobbying 27 Activities," as follows: 28 ARTICLE XII. LOBBYING ACTIVITIES 29 30 Sec. 2-409. Title; intent and purpose. 31 1 of 7 Temp. Ord. # 2237 November 9, 2011 Page 2 1 (a) Sections 2-409 through 2-415 of Chapter 2, Tamarac Code of Ordinances, 2 may be cited as the "Tamarac Lobbyist Registration Act." 3 4 (b) The Broward County Code of Ethics for Elected Officials provides that all 5 municipalities in Broward County shall establish lobbyist registration 6 procedures. The City Commission determines that the registration of lobbyists 7 promotes the integrity of the governmental decision -making process and 8 fosters transparency in government by providing the identity and activities of 9 certain persons who engage in efforts to influence City Commissioners and 10 decision -making bodies under the jurisdiction of the City Commission. 11 12 Sec.2-410. Definitions. 13 14 As used in this Article, unless the context otherwise indicates: 15 16 (a) Board means the City Commission of Tamarac, Florida or any other 17 decision -making body under the jurisdiction of the City Commission. 18 19 (b) Lobbying or lobbying activities means a communication, by any means, 20 from a lobbyist to a member of a Board regarding any item that will 21 foreseeably be decided by the Board, which communication seeks to influence, 22 convince, or persuade the covered individual to support or oppose the item. 23 Lobbying does not include communications made on the record at a duly- 24 noticed public meeting or hearing. 25 26 (c) Person means any individual, business, corporation, association, firm, 27 partnership, nonprofit organization, or other organization or group. 28 29 (d) "Lobbyist" means a person who is retained, with or without compensation, 30 for the purpose of lobbying, or a person who is employed by another person or 31 entity, on a full-time or part-time basis, principally to lobby on behalf of that 32 other person or entity. "Lobbyist" does not include a person who is: 33 34 (1) An Elected Official, employee, or appointee of Broward County or of 35 any municipality within Broward County communicating in his or her 36 official capacity. 37 38 (2) An individual who communicates on his or her own behalf, or on 39 behalf of a person or entity employing the individual on a full-time or 40 part-time basis, unless the individual is principally employed by that 41 person or entity to lobby. 42 2of7 Temp. Ord. # 2237 November 9, 2011 Page 3 1 (3) Any employee, officer, or board member of a homeowners' 2 association, condominium association, or neighborhood association 3 when addressing, in his or her capacity as an employee, officer, or 4 board member of such association, an issue impacting the association 5 or its members; or 6 7 (4) Any employee, an officer, or a board member of a nonprofit public 8 interest entity (e.g., Sierra Club, NAACP, ACLU) when addressing an 9 issue impacting a constituent of that entity. 10 11 Sec. 2-411. Lobbyist registration and statements. 12 13 (a) Registration Statement Required. By January 2, 2012 and annually 14 thereafter, every lobbyist shall file with the City Clerk the following 15 information: 16 17 (1) Prior to engaging in lobbying activities, a registration statement 18 under oath containing the following information: 19 20 a. The lobbyist's full name, residence address, business address, 21 and nature of business. 22 23 b. The full name and address of all persons on whose behalf the 24 lobbyist will be lobbying. If, after filing the registration 25 statement, the lobbyist intends to lobby on behalf of any 26 person(s) not listed on the registration statement, the lobbyist 27 shall, prior to engaging in any lobbying activities on behalf of 28 such unlisted person(s), file an amendment to the registration 29 statement in form prescribed by the City Clerk, containing all 30 the information required in the annual registration statement. 31 32 c. The subject matters which the lobbyist seeks to influence. 33 34 d. The extent of any direct business association by the lobbyist 35 with any current elected or appointed official or employee of the 36 City of Tamarac. For the purposes of this Article, the term 37 "direct business association" shall mean any mutual endeavor 38 undertaken for profit or compensation. 39 40 e. A lobbyist representing a group, association, or organization 41 shall, prior to engaging in lobbying, receive appropriate 42 authorization from said group, association, or organization to 43 lobby on its behalf upon a particular subject matter. A copy of 3 of 7 Temp. Ord. # 2237 November 9, 2011 Page 4 1 the applicable minutes, motion, or other documentation of 2 action shall be attached to the statements required this 3 subsection. 4 5 (b) List of Current Lobbyists. The City Clerk's Office shall keep a current list 6 of registered lobbyists and their respective reports required under this Article, 7 all of which shall be open for public inspection. 8 9 (c) Fees. A Lobbyist shall pay to the City Clerk's Office an annual 10 registration fee. The registration fees required by this section shall be expended 11 for the purpose of defraying the administrative costs of implementing, 12 monitoring, and otherwise ensuring compliance with this section and shall be 13 determined by resolution of the City Commission. A lobbyist, who is lobbying 14 as a volunteer, without any compensation, is not required to pay a registration 15 fee in connection with those uncompensated lobbying activities. 16 17 Sec. 2-412. Filing of Contact Log. 18 19 To promote full and complete transparency, lobbyists and their principals or 20 employers who intend to meet or otherwise communicate with a member of the 21 Board for the purpose of engaging in lobbying activities, either at the Board 22 member's offices or elsewhere on City premises, must legibly complete a 23 contact log listing each member of the Board with whom the lobbyist, 24 principal, or employer meets or intends on meeting or communicating. 25 26 (1) The information stated on the contact log shall include the lobbyist's 27 name; the name of the entity by which the lobbyist is employed; the 28 name of the person or entity for whom or which he or she is lobbying; 29 the name of each member of the board with whom he or she is meeting 30 or communicating; the date and time of each such meeting; and the 31 specific purpose and subject matter of each such meeting. 32 33 (2) The contact log shall be completed contemporaneously with the 34 meeting(s) and shall be filed for public inspection. 35 36 Sec. 2-413. Prohibition on use of lobbying statements. 37 38 No information obtained from lobbying statements required by this Article 39 shall be sold or utilized by any person for the purpose of soliciting campaign 40 contributions or selling tickets to a testimonial or similar fund-raising affair or 41 for commercial purposes. 42 43 Sec. 2-414. Contingency fees; disclosure 4 of 7 Temp. Ord. # 2237 November 9, 2011 Page 5 1 (a) "Contingency fee" means a fee, bonus, commission, or nonmonetary 2 benefit as compensation which is dependent or in any way contingent on the 3 enactment, defeat, modification, or other outcome of any specific action of the 4 City Commission. 5 6 (b) A lobbyist shall separately disclose to the City Clerk any compensation 7 received in the form of contingency. 8 9 Sec.2-415. Penalties. 10 11 (a) The City Attorney or City Manager, or their designee, shall be informed of 12 any person engaged in lobbying activities who has failed to comply with the 13 registration, reporting requirements and prohibitions of this act, and, in each 14 such instance, shall conduct such investigation as he or she shall deem 15 necessary under the circumstances. The results of each investigation shall be 16 reported to the City Commission. 17 18 (b) The City Commission may warn, reprimand, or censure the violator or 19 may suspend or prohibit the violator from appearing on behalf of any employer 20 before the City Commission or any decision -making body under the 21 jurisdiction of the City Commission or from otherwise lobbying for any 22 employer in any fashion for a period of time; provided, however, that any 23 suspension or prohibition may not exceed a period of two (2) years, and no 24 sanction shall be imposed unless the lobbyist allegedly in violation has been 25 afforded reasonable notice and an opportunity to be heard. 26 27 (c) The validity of any action taken by the City Commission, city employees, 28 or any decision -making body under the jurisdiction of the City Commission, 29 shall not be affected by the failure of any person to comply with the provisions 30 of this Article. 31 32 (d) In addition to the penalties provided by this section, individuals found to 33 be in violation may be subject to additional penalties as provided by law. 34 Nothing in this section shall be construed to limit the authority of the Broward 35 County Office of the Inspector General as provided for by Article XII of the 36 Broward County Charter. 37 38 Section 3: It is the intention of the City Commission, and it is hereby ordained that 39 the provisions of this Ordinance shall become and be made a part of the Code of the City of 40 Tamarac, Florida. 5 of 7 Temp. Ord. # 2237 November 9, 2011 Page 6 1 Section 4: That all ordinances and resolutions or parts of ordinances and 2 resolutions in conflict herewith, be and the same are hereby repealed, to the extent of such 3 conflict. 4 Section 5: That if any clause, section or other part of this Ordinance shall be held 5 invalid or unconstitutional by any court of competent jurisdiction, the remainder of this 6 Ordinance shall not be affected thereby, but shall remain in full force and effect. 7 Section 6: That this Ordinance shall become effective immediately upon the date 8 of adoption. 10 11 [Remainder of page intentionally left blank] 12 PASSED ON FIRST READING BY THE CITY COMMISSION OF THE CITY OF 13 TAMARAC, FLORIDA, THIS r/ 4 / DAY OF NOVEMBER, 2011. 14 15 PASSED AND ADOPTED ON SECOND AND FINAL READING BY THE CITY 16 COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF 17 nyaJ&, 2011. 18 19 20 21 22 ATTEST: 23 24 25 PETER RICHARDSON, CMC BY: ].,,L VaLc( MAYOR PAMELA BUSHNELL RECORD OF COMMISSION VOTE: First Reading 26 CITY CLERK MAYOR BUSHNELL 27 ���``9��.TA.�,�DIST 1: COMM. SwENSON �. ' ' • • : 9.Q ''. DIST 2: VICE MAYOR GOMEZ 28 U�•' 29 0DIST 3: COMM. GLASSER � . 30 = W ;' ESTABLISHED• ' DIST 4: COMM. DRESSLER 31 =70� :a- 32 I HEREB ,�. RTIF�et ' •, �O .••'���.` 6of7 /® c0 D N1*4 ' \\�\ 01111100 1 2 3 4 5 6 7 8 9 10 11 I HEREBY CERTIFY that I have approved this ORDINANCE as to;form: Temp. Ord. # 2237 November 9, 2011 Page 7 RECORD OF COMMISSION VOTE: Second Reading MAYOR BUSHNELL DIST 1: COMM. SWENSON DIST 2: COMM. GOMEZ DIST 3: V/M GLASSER DIST 4: COMM. DRESSLER HA2005\050164 TAMARAC\ORD 2011\T0#2237 (Lobbyist Regulations)(clean).doc 7of7