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1 ORDINANCE NO. 07- CXJ8
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, PERTAINING TO LOBBYIST REGULATIONS;
5 PROVIDING FOR TITLE AND PURPOSE; PROVIDING
6 FOR DEFINITIONS; PROVIDING FOR REGISTRATION;
7 PROVIDING FOR RECORD OF LOBBYING CONTACTS;
8 PROVIDING FOR CONE OF SILENCE; PROVIDING FOR
9 ENFORCEMENT; PROVIDING FOR PENAL TIES;
10 PROVIDING FOR REPEAL OF LAWS IN CONFLICT,
11 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
12 DATE.
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14 WHEREAS, the City Commission of the City of Boynton Beach, Florida hereby
15 determines that its citizens must be accorded access to City Officials at all levels of
16 government; and
17 WHEREAS, the City Commission further determines that in order to preserve and
18 maintain the integrity of governmental process, it is necessary that the identity and activities
19 of those who regularly engage in efforts to persuade public officials be regularly disclosed to
20 the public; and
21 WHEREAS, the City Commission further determines that limiting communication
22 among potential vendors, their representatives, and government officials during the City's
23 procurement process will provide for the continued integrity of such process; and
24 WHEREAS, the City is authorized pursuant to the Florida Constitution, the Laws of
25 Florida, and the Palm Beach County Home Rule Charter to impose such laws as are needed to
26 carry on city government; and
27 WHEREAS, the City Commission of the City of Boynton Beach, Florida hereby
28 determines that the Boynton Beach Lobbyist Registration Ordinance will serve the interests of its
29 citizens by preserving and maintaining its policy of open government.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
Section 2. Article XVI entitled "Registration of Lobbyist" of Chapter 2 entitled
"Administration" of the Code of Ordinances is hereby created to read as follows:
Sec. 2-230 Title and Purpose.
A. This Ordinance may be cited as the "City of Bovnton Beach Lobbyist Registration
Ordinance. "
B. The City Commission of the City of Bovnton Beach hereby determines that the
operation of responsible government requires that the fullest opportunity be afforded to the
people to petition their City government for the redress of grievances and to express freely tot
he elected officials their opinions on legislation and other actions and issues; that to preserve
and maintain the integrity of the governmental decision-making process, it is necessary that
the identity and activities of certain Persons who engage in efforts to influence City
Commissioners, Advisory Board members and employees on matters within their official
duties, be publicly and regularly disclosed.
Sec. 2-231 Definitions.
A. Unless expressly provided herein tot he contrary, for purposes of this Ordinance, the
following definitions will apply:
1. "Advisorv Board" will mean any advisory or quasi-judicial board created by
the City Commission including Arts Commission, Code Enforcement Board, Building Board
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of Adiustment & Appeals; Planning & Development Board, Education and Youth Advisory
2 Board, Cemetery Board, Library Board, Recreation and Parks Board, Senior Advisory Board,
3 Golf Course Advisory Board, Community Relations Board and Veteran's Advisory Board.
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2.
"Board" will mean the City Commission of the City of Boynton Beach,
5 Florida.
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3.
"City Commissioner" will mean any member of the City Commission of the
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City of Bovnton Beach, Florida.
4. "Employee" will mean the City Manager, City Attorney and Assistant City
Manager.
5. "Lobbyin2" shall mean seeking to influence the decision of any City
Commissioner, any Advisory Board member or any Employee with respect to the passage,
defeat or modification of any item which may foreseeably be presented for consideration to
the Advisory Board or City Commission as applicable.
6. "Lobbyist" shall mean any Person who is employed and receives payment, or
who contracts for economic consideration, for the purpose of Lobbying on behalf of a
Principal. "Lobbvist" shall not include any Employee, as defined by this Ordinance, when
acting in the course of his or her employment, any elected official when the official is
Lobbying on behalf of the government agency which the official serves, or any member of the
official's staff when such staff member is Lobbving on an occasional basis on behalf of the
governmental agency by which the staff member is employed.
7. "Person" shall mean individuals, firms, associations, ioint 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
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constituted.
8. "Principal" shall mean the Person or entity a Lobbvist represents for the
purpose of Lobbying.
Sec. 2-232 Re2istration.
A. Re2istration Required. All Lobbvists shall register with City Administration before
engagmg m Lobbying, Every Lobbvist shall submit a form prepared by the City
Administration and shall state his or her name, address, the name and address of each
Principal represented, the general and specific areas of legislative interest, and the nature and
extent of any direct business association or partnership with any current City Commissioner,
Advisory Board member or Employee. A Lobbvist's registration shall automatically expire on
December 31 st of the year of registration. If any time during the year, a Lobbyist commences
representing a Principal for which the Lobbvist has not registered pursuant to this Ordinance,
such Lobbvist shall register with respect to that Principal prior to Lobbving. Lobbving prior to
registration is prohibited.
B. Re2istration Exceptions. Registration shall not be required for the following:
1. City Commissioners, Advisory Board members or Employees discussion
matters relevant to their official duties;
2. Persons under contract with the City who communicate with City
Commissioners, Advisory Board members or Employees regarding issues related only to the
performance of their services under their contract;
3. Any Person who lobbies only in his or her individual capacity for the purpose
of self-representation;
4. Any Person who is a Party before the Commission or Advisory Board in a
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quasi - i udicial proceeding.
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C,
False Statements. A Lobbvist shall not knowingly make, or cause to be made, a false
3 statement or misrepresentation in maintaining registration or when Lobbying City
4 Commissioners, Advisory Board members or Employees.
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Sec. 2-233
Record of Lobbvin2 Contacts.
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A.
Contact L02. Within 24 hours of having lobbied a City Commissioner, Advisory
7 Board member or Employee, except when disclosure of lobbying status is made when
8 Board all Persons shall advise the Cit
9 Clerk's office either in writing, via e-mail or by way of telephone call, of Lobbvist activity.
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11 the Person shall rovide his or her name the name of each
12 Principal the Lobbvist is representing, and the subiect matter of the Lobbvist activity.
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B.
Lobbvin2 Outside of City Offices. In the event that a Lobbvist engages in Lobbving
14 which is outside of City offices, and which is a scheduled appointment initiated by any Person
15 for the purpose of Lobbying, the Lobbvist shall advise the City Clerk's office, either in
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17 scheduled appointment and the subiect matter of the Lobbvist activity.
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Sec. 2-234 Cone of Silence.
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"Cone of Silence" means a prohibition on any communication, except for written
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articular Re uest for Pro
bid or
21 any other competitive solicitation between:
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1.
Any Person or Person's representative seeking an award from such competitive
23 solicitation, and
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2. Any City 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, Lobbvist, or any actual
or potential subcontractor or consultant of the Person.
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C. The Cone of Silence shall be in effect as of the deadline to submit the proposal bid, or
other response to a competitive solicitation. Each Request for Proposal, Request for
IOualification. bid. or anv other comnetitive solicitation shall provide notice of Cone of
Silence requirements and refer to this Ordinance.
D. The provisions of this Ordinance 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
!nrotest between the Person filing the orotest and anv Emoloyee. or anv written corresnondence
at any time with any Employee, City Commissioner. or Advisory Board member or selection
committee member. unless specifically prohibited by the applicable competitive solicitation
process.
E. The Cone of Silence shall not apply to any purchases made in an amount less than the
competitive bid threshold set forth in the set forth in the City of Boynton Beach Purchasing
Policies.
F, The Cone of Silence shall terminate at the time the Board or a City Department
authorized to act on behalf of the Board. awards or approves a contract, reiects all bids or
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responses. or otherwise takes action which ends the solicitation process.
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Sec. 2-235 Enforcement.
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A.
If the City Manager is informed of an Person engaged in Lobbving activities who has
4 failed to comply with the requirements of this Ordinance. he or she shall conduct an
5 investigation as deemed necessary under the circumstances. In the event the City Manager
6 determines that a violation has occurred based on the results of the investigation. the
7 following enforcement procedures shall apply.
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B.
A notice of violation shall be transmitted to the Person indicating the nature of the
9 violation and the penalty imposed. The Lobbvist shall have up to thirty days after the date of
10 the notice to seek appeal of the penalty. In the event the Lobbvist fails to submit an appeal in
11 da s of the date of such notice the violation shall be
12 deemed final and the
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C.
ecial master for
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I. Creation and Appointment. Appeal hearings pursuant to this Ordinance shall
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e conducted b lications for s ecial master ositions shall be
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the Cit
ublished in a news
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The Cit Mana er shall select a 001 of candidates from a lications filed on the
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aduate of a law school accredited b the American Bar Association and a current
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ood standin of The Florida Bar. The Cit
reference to
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mediator. or special master. Special masters shall serve without compensation for their
2 services, and shall not be considered Employees. Travel reimbursement is limited to expenses
3 incurred only for travel outside Palm Beach County necessary to fulfill their responsibilities as
4 a special master.
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2.
Conduct of Hearing. Hearings before the special master shall be conducted as
a. Persons seeking appeal will receive written notice by certified
mail of the hearing no less than fifteen working days in advance of the
hearing. The special master shall render a decision on the appeal within
fifteen working days after the case was heard.
b. The special master shall provide Persons seeking appeal and any
City representatives an opportunity to present testimony and evidence.
All testimony shall be under oath and shall be recorded. Formal rules of
evidence shall not apply. but fundamental due process shall be observed
and shall govern the proceedings. The special master, in his or her
discretion. may exclude irrelevant, immaterial, or unduly repetitious
evidence, but all other evidence of a tYpe commonly relied upon by
reasonably prudent Persons in the conduct of their affairs shall be
admissible, whether or not such evidence would be admissible in a trial in
the courts of Florida, Any part of the evidence may be received in
written form.
c. The decision of the special master is final and appealable by
writ of certiorari pursuant to the Florida Rules of Appellate Procedure.
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D. The validity of any action taken by the Board, The Advisory Boards, or any
2 Em 10 ees shall not be affected b the failure of an
3 this Ordinance.
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Sec. 2-236 Penalties.
5 A.
Violations of the City of Boynton Beach Lobbvist Registration Ordinance shall be
6 punishable as follows:
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1.
Failure to properly register as required by Section 3 of the Ordinance shall be
8 deemed a single violation. punishable by a fine of two hundred fifty dollars ($250.00) per day
9 in an amount not to
10 exceed a total of two thousand five hundred dollars ($2.500.00).
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2.
Failure to properly provide Lobbving contact information as required by
12 Section 4 of this Ordinance shall be punishable by a fine of two hundred fifty dollars
13 ($250.00) for each violation.
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3.
Violations of the Cone of Silence set forth in Section 5 of this Ordinance shall
15 be punishable by a fine of two hundred fifty dollars ($250,00) for each violation,
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4.
An Person who knowin I makes or causes to be made a false statement or
17 'st re istration shall be sub' ect to a fine of two
18 hundred fifty dollars ($250.00) for each violation.
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5.
An Person who violates the rovisions of the Ordinance more than once
20 durin a twelve-month eriod shall be rohibited from Lobb'n as follows: A second
21 violation shall result in a prohibition of one year. a third violation shall result in a prohibition
22 of two years.
23 6.
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anv violation of the registration. contact lob and Cone of Silence reauirements of this
2 Ordinance. Failure or refusal of any Lobbvist to comply with any order of the City or special
3 master shall be punishable as provided by law. and shall otherwise by subiect to such civil
4 remedies as the City may pursue. including iniunctive relief.
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Section 5.
Each and every other provision of the Code of Ordinances not herein
6 specifically amended, shall remain in full force and effect as originally adopted.
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Section 6.
All laws and ordinances applying to the City of Boynton Beach in
8 conflict with any provisions of this ordinance are hereby repealed,
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Section 7,
Should any section or provision of this Ordinance or any portion
10 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
11 affect the remainder of this Ordinance,
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Section 8.
Authority is hereby given to codify this Ordinance.
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Section 9.
This Ordinance shall become effective immediately.
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{REMAINDER INTENTIONALLY LEFT BLANK}
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FIRST READING this ~ day of AprtaL.. ,2007.
SECOND, FINAL READING AND PASSAGE this --.1l day of
4n..L,2007.
ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
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