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1 ORDINANCE NO.II-Od~
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, DELETING THE CURRENT CHAPTER 2,
5 ARTICLE XVII, "REGISTRATION OF LOBBYIST" IN ITS
6 ENTIRETY AND CREATING A NEW ARTICLE XVII
7 .'REGISTRA TION OF LOBBYIST AND DISCLOSURE OF
8 LOBBYING ACTIVITY"; PROVIDING FOR REPEAL OF
9 LAWS IN CONFLICT, SEVERABILITY, CODIFICATION
10 AND AN EFFECTIVE DATE.
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12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
13 CITY OF BOYNTON BEACH, FLORIDA THAT:
14 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
15 as being true and correct, and are hereby incorporated herein and made a part hereof.
16 I Section 2. Article XVII entitled "Registration of Lobbyist" of Chapter 2 of the
17 I Code of Ordinances is hereby deleted in its entirety
18 Section 3. A new Article XVII entitled "Registration of Lobbyist" of Chapter 2 of
19 the Code of Ordinances is hereby created to read as follows: I
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20 Sec. 2-230 Title and Purpose.
21 (a) This Ordinance may be referred to as the "City of Boynton Beach Lobbyist Disclosure
22 Ordinance. "
23 (b) It is the intent ofthis ordinance that:
24 (1) Lobbyists register with the City Clerk;
25 (2) Lobbyists disclose lobbying activity as a condition precedent to the award of a
26 contract, grant award, land development order or conveyance of property; and
27 (3) City Commissioners, prior to voting on any matter that results in the award of
28 a contract, award of a grant, award or the approval of a land development order or
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1 conveyance of property disclose the names of lobbyists, as that term is defined in this
2 ordinance, who have contacted the City Commissioner to advocate on behalf of a
3 person or entity seeking a contract, grant award, land development order or
4 conveyance of property.
5 Sec. 2-231 Definitions.
6 (a) Unless expressly provided herein to the contrary, for purposes of this Ordinance, the
7 following definitions will apply:
8 (1) "Commission" will mean the City Commission of the City of Boynton Beach,
9 Florida when acting as a collegial body.
10 (2) .'City Commissioner" will mean any member of the City Commission of the
11 City of Boynton Beach, Florida.
12 (3) "Lobbying" shall mean seeking to influence a decision through oral or written
13 communication or an attempt to obtain the goodwill of any City Commissioner with respect to
14 the passage, defeat or modification of any item which may foreseeably be presented for
15 consideration to the City Commission regarding:
16 a. The award of a contract.
17 b. The award of a grant.
18 c. The approval of a Development Order.
19 d. The acquisition or conveyance of an interest in real property.
20 (4) "Lobbyist" shall mean any person who is employed and receives payment, or
21 who contracts for economic consideration, for the purpose of lobbying on behalf of a
22 principal, and shall include an employee whose principal responsibility to the employer is
23 overseeing the employer's various relationships with government or representing the employer
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1 in its contacts with government.
2 "Lobbyist" shall not include:
3 a. Any employee, contract employee, or independent contractor of a
4 governmental agency or entity lobbying on behalf of that agency or entity, any elected
5 local official when the official is lobbying on behalf of the governmental agency or
6 entity which the official serves, or any member of the official's staff when such staff
7 member is lobbying on an occasional basis on behalf of the governmental agency or
8 entity by which the staff member is employed.
9 b. Any person who IS retained or employed for the purpose of
10 representing an employer, principal or client only during a publicly noticed quasi-
11 judicial hearing or comprehensive plan hearing, provided the person identifies the
12 employer, principal or client at the hearing.
13 c. Any expert witness who is retained or employed by an employer,
14 principal or client to provide only scientific, technical or other specialized information
15 I provided in agenda materials or testimony only in public hearings, so long as the
16 expert identifies the employer, principal or client at the hearing.
17 d. Any person who lobbies only in his or her individual capacity for the
18 purpose of self-representation or representation of a not for profit organization and
19 without compensation.
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20 I e. Any employee, contract employee, or independent contractor of the
21 Palm Beach County League of Cities, Inc., lobbying on behalf of that entity..
22 (5) "Principal" shall mean the person or entity a Lobbyist represents for the
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1 purpose of Lobbying. The term encompasses all officers, directors, employees, and agents of
2 the entity.
3 Sec. 2-232 Ree:istration Required.
4 All Lobbyists shall register with City Clerk no later than the end of the business next
5 following the first communication with a City Commission. Every Lobbyist shall submit a
6 form prepared by the City Administration and shall state his or her name, address, the name
7 and address of each Principal represented, the general and specific areas of legislative interest,
8 and the nature and extent of any direct business association or partnership with any current
9 City Commissioner.
10 Sec. 2-233 Ree:istration Exceptions.
11 (a) Registration shall not be required for the following:
12 (1) City Commissioners, Advisory Board members or Employees discussion
13 matters relevant to their official duties;
14 (2) Persons under contract with the City who communicate with City
15 Commissioners regarding matters related to their current contract,
16 (3) Advisory Board members or Employees regarding issues related only to the
17 performance of their services under their contract;
18 (4) Representative of not for profit organizations.
19 (5) Any Person who is a party before the Commission or Advisory Board in a
20 quasi-iudicial proceeding.
21 Sec. 2-234 Disclosure prior to vote.
22 (a) Prior to the City Commission vote on:
23 (1) The award of a contract.
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1 (2) The award of a grant.
2 (3) The approval of a Development Order.
3 (4) The acquisition or conveyance of an interest in real property.
4 each member of the City Commission shall disclose whether he or she has been contacted by
5 a Lobbyist or a Principal with respect to the matter coming forward on the agenda for
6 consideration.
7 (b) Prior to the vote on:
8 (1) The award of a contract.
9 (2) The award of a grant.
10 (3) The approval of a Development Order.
11 (4) The acquisition or conveyance of an interest in real property.
12 any person or entity which is under consideration for any contract award, grant award, or
13 conveyance of property or Development Order must file a written disclosure of all
14 communications made by any Principal or Lobbyist to any member of the City Commission.
15 Failure to file such disclosure shall disqualify the person or entity from receiving the contract,
16 grant, Development Order or conveyance of property.
17 Sec. 2-235 Disclosures not Required
18 Members of the City Commission are not required to disclose communications with
19 citizens, constituents, or other interested parties who communicate with Commissioners with
20 respect to matters coming before the Commission for discussion or action, provided the
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21 I citizen, constituent, or other interested party is not being compensated, directly or indirectly,
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22 by a Principal or Lobbyist.
23 Sec. 2-236 Inclusion in City Procurement Ree:ulations
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1 The City Administration is directed to included the provisions of this ordinance in the
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2 City's procurement regulations I
3 Sec. 2-237 Inclusion in Notices involvine: competitive selection
4 The City Administration is directed to include notice the provisions of this ordinance
5 in all notices when competitive selection or ward will occur and on applications for land
6 development orders or approvals.
7 Sec. 2-238 Cone of Silence.
8 (a) "Cone of Silence" means a prohibition on any communication, except for written
9 correspondence, regarding a particular Request for Proposal, Request for Qualification, bid, or
10 any other competitive solicitation between:
11 (1). Any Principal or Person's representative seeking an award from such
12 competitive solicitation, and
13 (2) Any City Commissioner or Commissioner's staff, or any Employee authorized
14 to act on behalf of the Commission to award a particular contract.
15 (b) For the purposes of this Section, a Person's representative shall include but not be
16 limited to the Person's employee, partner, officer, director, consultant, Lobbyist, or any actual
17 or potential subcontractor or consultant of the Person.
18 (c) The Cone of Silence shall be in effect as of the deadline to submit the proposal bid, or
191 other response to a competitive solicitation. Each Request for Proposal, Request for
20 Qualification, bid, or any other competitive solicitation shall provide notice of Cone of
21 I Silence requirements and refer to this Ordinance.
22 (d) The provisions of this Ordinance shall not apply to oral communications at any public
23 proceeding. Further, the Cone of Silence shall not apply to communications with City Staff or
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1 contract negotiations.
2 (e) The Cone of Silence shall not apply to any purchases made in an amount less than the
3 competitive bid threshold set forth in the City of Boynton Beach Purchasing Policies.
4 (f) The Cone of Silence shall terminate at the time the City Commission awards or
5 approves a contract, reiects all bids or responses, or otherwise takes action which ends the
6 solicitation process.
7 Sec. 2-239 Violations and Penalties.
8 (a) Violations of the registration and disclosure requirements of this ordinance or per se
9 violations of the City's procurement regulations.
10 (b) Failure of a lobbyist to register with the City Clerk prior to the vote on the award of a
11 contract, award of a grant, approval of a Development Order, or City acquisition or
12 conveyance of an interest in real property shall result in disqualification of the Lobbyist's
13 Principal from the award, approval, acquisition or conveyance matter pending before the City
14 Commission.
15 (c) When it is determined that undisclosed lobbying activity occurred after the award of a
16 contract, award of a grant, approval of a Development Order, or City acquisition or
17 conveyance of an interest in real property, the contract, award, approval, acquisition, or
18 conveyance shall be voidable by the City Commission. The City Commission shall have sole
19 authority to void prior Commission action and may only do so following no less than ten ( 1 0)
20 days notice to the person or entity whose interest may be void and a quasi-iudicial public
21 hearing during which the person or entity is afforded an opportunity to address the
22 Commission.
23 (d) Alleged violations of the City of Boynton Beach Lobbyist Disclosure Ordinance shall
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1 be forwarded to the Palm Beach County Commission on Ethics and the Office of the
2 Inspector General to investigate (at their respective discretion) and determine if any violation
31 of the County ethics or procurement standards have occurred, and what corrective action or
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4 enforcement shall be taken.
5 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions
6 in conflict herewith be and the same are hereby repealed to the extent of such conflict.
7 Section 5. If any clause, section, or other part or application of this Ordinance shall
8 be held by any court of competent jurisdiction to be unconstitutional or invalid, such
9 unconstitutional or invalid part or application shall be considered as eliminated and so not
10 affecting the validity of the remaining portions or applications remaining in full force and effect.
11 Section 6. This Ordinance shall become effective on passage.
12 FIRST READING this t..J-H1 day of OcTOBeR , 2011.
SECOND, FINAL READING AND ......
13 PASSAGE this LIL-day of
14 OCToBER , 2011.
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2 ATTEST:
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10 (Corporate Seal)
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