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07-008 " .. i i 1 ORDINANCE NO. 07- CXJ8 2 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. 13 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. S:\CA \Ordinances\Lobbyist registration (rev 04] 907).doc 4/20/2007 -Revised on first reading " 3 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 S:\CA \Ordinances\Lobbyist registration (rev 04] 907).doc 4/20/2007 -Revised on first reading 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 " 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. 4 2. "Board" will mean the City Commission of the City of Boynton Beach, 5 Florida. 6 3. "City Commissioner" will mean any member of the City Commission of the 7 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 S:\CA \Ordinances\Lobbyist registration (rev 04] 907).doc 4/20/2007 -Revised on first reading 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 " 4 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 S:\CA \Ordinances\Lobbyist registration (rev 041907).doc 4/20/2007-Revised on first reading 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 " quasi - i udicial proceeding. 2 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. 5 Sec. 2-233 Record of Lobbvin2 Contacts. 6 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. 10 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. 13 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 16 writin 17 scheduled appointment and the subiect matter of the Lobbvist activity. 18 Sec. 2-234 Cone of Silence. 19 A. "Cone of Silence" means a prohibition on any communication, except for written 20 articular Re uest for Pro bid or 21 any other competitive solicitation between: 22 1. Any Person or Person's representative seeking an award from such competitive 23 solicitation, and S:\CA\Ordinances\Lobbyist registration (rev 04] 907).doc 4/20/2007 -Revised on first reading " 4 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. I 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 S:\CA \Ordinances\Lobbyist registration (rev 04] 907).doc 4/20/2007 -Revised on first reading 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 II responses. or otherwise takes action which ends the solicitation process. 2 Sec. 2-235 Enforcement. 3 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. 8 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 13 C. ecial master for 14 15 I. Creation and Appointment. Appeal hearings pursuant to this Ordinance shall 16 e conducted b lications for s ecial master ositions shall be 17 the Cit ublished in a news 18 The Cit Mana er shall select a 001 of candidates from a lications filed on the 19 20 21 aduate of a law school accredited b the American Bar Association and a current 22 ood standin of The Florida Bar. The Cit reference to 23 :\CA\Ordinances\Lobbyist registration (rev 04] 907).doc /20/2007 -Revised on first reading 6 follows: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 II 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. 5 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. :\CA \Ordinances\Lobbyist registration (rev 04] 907).doc 4/20/2007 -Revised on first reading /I 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. 4 Sec. 2-236 Penalties. 5 A. Violations of the City of Boynton Beach Lobbvist Registration Ordinance shall be 6 punishable as follows: 7 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). 11 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. 14 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, 16 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. 19 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. S:\CA \Ordinances\Lobbyist registration (rev 04] 907).doc 4/20/2007-Revised on first reading " 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. 5 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. 7 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, 9 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, 12 Section 8. Authority is hereby given to codify this Ordinance. 13 Section 9. This Ordinance shall become effective immediately. 14 15 {REMAINDER INTENTIONALLY LEFT BLANK} S:\CA\Ordinances\Lobbyist registration (rev 04] 907).doc 4/20/2007 -Revised on first reading 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 II FIRST READING this ~ day of AprtaL.. ,2007. SECOND, FINAL READING AND PASSAGE this --.1l day of 4n..L,2007. ATTEST: S:\CA \Ordinances\Lobbyist registration (rev 04] 907).doc 4/20/2007 -Revised on first reading CITY OF BOYNTON BEACH, FLORIDA I ;' ! (/