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2011 Lobbyist Notification Letters The City of Boynton Beach ,„--,---;-.7 p k OFFICE OF THE CITYMANAGER 7 Lo, '' '4 100 E.BOYNTON BEACH / _ P.O.BOX 310 ( BO Y NTON BEACH, FLORIDA 33425-0310 CITYMANAGER'S OFFICE: (561)742-6010 FAX: (561)742-6011 q� --- T E-MAIL:BRESSNERIfeBBFL.US '1*a N Q� WWW BOYNTON-BEACII.ORG May 2, 2011 Mr. Owen E. Duke Executive Management Director Patrinely Group, LLC 1270 South Pine Island Road Plantation, Florida 33324 Re: Follow-up to 2011 Lobbyist Registration and My Letters of March 17, 2011 and April 12, 2011 Dear Mr. Duke: Thank you for your fax advising that you have registered as a lobbyist with the City of Boynton Beach,effective March 24,2011. This was for calendar year 2011.The City Clerk has confirmed your registration. I noted that in response to my letter of April 12, 2011 you filed an amended Lobbyist Registration with the City Clerk for calendar year 2010. This was completed on April 13, 2011.The city Clerk will post an amended final 2010 Lobbyist list that reflects your retroactive 2010 registration. I still need a specific response to the following information request: According to information gathered in my review I have determinedthat you engaged in lobbying activities on June 15,2010 when Mayor Rodriguez and I attended a meeting with you and Mr.Camalier in Plantation, FL.The purpose of that meeting was to discuss your proposal to redevelop City Hall into the Police Facility and build a new City Hall on property at the NE corner of Federal Highway and Ocean Ave. We also toured a vacant building on the Plantation, FL office campus and the Plantation Police Department.Also attending was Jeff Livergood, Public Works Director and Matt Immler, Police Chief. According to section 2-233 of the City Code, this contact should have been reported as the meeting activity fell within the criteria of lobbying. It is my understanding in talking with several members of the City Commission that they also attended subsequent meetings in Plantation, FL with you and possibly Mr.Camalier. The dates of these meetings and any other contact, including phone discussions, e-mail or other meetings with the Mayor,any member of the City Commission, City Attorney, Assistant City Manager and City Manager constitute lobbying activities and must be disclosed by you. I am requesting that you complete your report of contacts and provide me with the report in writing by May 14, 2011. Thank you for your anticipated cooperation. You may submit your information to me by e-mail, it that is more convenient. My e-mail address is: bressnerkabbfl.us Very truly yours, :4•Litatd."`"12" \--- Kurt Bressner City Manager ' dopyitollWatilitalleVeigiA 13 :C Lid C- IN LL 301JJO S,�1J3-10 A110 HOV39 NOiFiA08 JO AIL AMERICA'S GATEWAY TO THE G ULFSTREAM The City of Boynton Beach . TY O� OFFICE OF THE CITY MANAGER ji'7__:.='-�` 100 E. BOYNTONBEAC.HBOULEVARD P.O.BOX 310 BOI�NTONBEACH, FLORIDA 33425-0310 tD1::: -.7-----:c :;t:.:1---.; -f.-- y CITY MANAGER'S OFFICE:(561) 742-6010 FAX: (561)742-6011 ®) sw �� E-MAIL:BRESSNERI�QBBFL.US o 11r- WWVK:BO3NTOV BEACH.ORG April 12, 2011 Mr. Owen E. Duke Executive Management Director Patrinely Group, LLC 1270 South Pine Island Road Plantation, Florida 33324 Re: Follow-up to 2011 Lobbyist Registration and My Letter of March 17, 2011 Dear Mr. Duke: Thank you for your fax advising that you have registered as a lobbyist with the City of Boynton Beach, effective March 24, 2011. The City Clerk has confirmed your registration. According to information gathered in my review I have determined that you engaged in lobbying activities on June 15, 2010 when Mayor Rodriguez and I attended a meeting with you and Mr. Camalier in Plantation, FL. The purpose of that meeting was to discuss your proposal to redevelop City Hall into the Police Facility and build a new City Hall on property at the NE corner of Federal Highway and Ocean Ave. We also toured a vacant building on the Plantation, FL office campus and the Plantation Police Department. Also attending was Jeff Livergood, Public Works Director and Matt Immler, Police Chief. According to section 2-233 of the City Code, this contact should have been registered as the meeting activity fell within the criteria of lobbying. You have cured one element of the deficiency by your registration on March 24, 2011. However, in 2010, you should have registered as a Lobbyist also. It is my understanding in talking with several members of the City Commission that they also attended subsequent meetings.in Plantation, FL with you and possibly Mr. Camalier. The dates of these meetings and any other contact, including phone discussions, e-mail or other meetings with any member of the City Commission, City Attorney, Assistant City Manager and City Manager constitute lobbying activities and must be disclosed by you. I am requesting that you complete your report of contacts and provide me with the report in writing by April 26, 2011. Thank you for your anticipated cooperation. You may submit your information to me by e-mail, it that is more convenient. My e-mail address is: bressnerkCa)bbfl.us ,., c--)---.1 Very truly yours, a =++ 1-w .4/14kare.... _ N Kurt Bressner ..L.— o- City Manager " -n CO 0 Copy to: -RA Prainit ,_ *- €let: z AMERICA'S GATEWAY TO THE GULFSTREAM The City ofBoynton Beach OFFICE OF ME CTTY MANAGER 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's We;(561)742-6010 FAX: (561)742-6011 e-mail:laverrierelObbflus www.boynton-beach.org July 26, 2011 Mr. David Katz 67 Midwood Lane Boynton Beach, FL 33436 Dear Mr. Katz: I have been informed that you may have engaged in lobbying activity without first registering as a lobbyist in accordance with the requirements of the "City of Boynton Beach Lobbyist Registration Ordinance. " A copy of Article XVII of Chapter 2 of the City of Boynton Beach Code of Ordinances, which sets forth the registration and enforcement provisions, is attached. You will note in Section 2-235 of the Code that I m required to conduct an investigation as deemed necessary under the circumstances. I initiated my investigation by reviewing Boynton Beach Police Department Incident Report #9038474 . Factual allegations contained in that report, if proven to be true would support a conclusion that you were a "lobbyist" engaged in "lobbying" activity as those two terms are defined in Section 2-231 of the Lobbyist Registration Ordinance. During the period of time addressed in the Incident Report records maintained by the City Clerk do not indicate that you were registered as a lobbyist. I am requesting that you provide me with a sworn statement addressing the factual allegations set forth in the Incident Report . More specifically, I am requesting that you confirm or deny that you were paid money as alleged by David Floering, Jonathan Dwork and Craig Goldstein and if, in conjunction with those payments, you sought to influence the decisions of any City Commissioner on issues regarding towing services and/or towing franchises. In an effort to bring my investigation to a conclusion as expeditiously as possible I am requesting your sworn statement on or before the close of the business day on Wednesday, August 3, 2011 . Best regards, Lori LaVerriere Interim City Manager c: City Clerk City Attorney Chief of Police A 2WERIC.A'S GATEWAY TO THE G I.ILFSTRL'AM Page I of 5 Boynton Beach,FL Code of Ordinances Article XVII: Registration of Lobbyist Sec.2-230. Title and purpose. (a) This article may be cited as the "City of Boynton Beach Lobbyist Registration Ordinance." (b) The City Commission 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 to the 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. (Ord. 07-008, § 2, 4-17-07) Sec. 2-231. Definitions. Unless expressly provided herein to the contrary,for purposes of this article,the following definitions will apply: Advisory board will mean any advisory or quasi-judicial board created by the City Commission including Arts Commission,Code Enforcement Board, Building Board of Adjustment& Appeals; Planning&Development Board, Education and Youth Advisory Board,Cemetery Board,Library Board, Recreation and Parks Board, Senior Advisory Board, Golf Course Advisory Board, Community Relations Board and Veteran's Advisory Board. Board will mean the City Commission of the City of Boynton Beach, Florida. City Commissioner will mean any member of the City Commission of the City of Boynton Beach, Florida. Employee will mean the City Manager, City Attorney and Assistant City Manager. Lobbying 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. 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. Lobbyist shall not include any employee, as defined by this article,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 stall'member is lobbying on an occasional basis on behalf of the governmental agency by which the staff member is employed. Person shall mean individuals, firms, associations,joint ventures,partnerships, estates, trusts, http:/(www.amlegal.com/alpscripts/get-content.aspx 7/26/2011 Page2of5 business trusts, syndicates,fiduciaries, corporations(profit or not-for-profit),professional corporations, or associations and all other groups or combinations however constituted. Principal shall mean the person or entity a lobbyist represents for the purpose of lobbying. (Ord, 07-008, §2, 4-17-07) Sec.2-232. Registration. (a) Registration required. All lobbyists shall register with City Administration before engaging in lobbying. Every lobbyist 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 lobbyist's registration shall automatically expire on December 31st of the year of registration. If any time during the year, a lobbyist commences representing a principal for which the lobbyist has not registered pursuant to this article, such lobbyist shall register with respect to that principal prior to lobbying.Lobbying prior to registration is prohibited. (b) Registration 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 quasi-judicial proceeding. (c) False statements. A lobbyist shall not knowingly make, or cause to be made, a false statement or misrepresentation in maintaining registration or when lobbying City Commissioners, advisory board members or employees. (Ord. 07-008, § 2, 4-17-07) Sec.2-233. Record of lobbying contacts, (a) Contact log. Within twenty-four(24)hours of having lobbied a City Commissioner, advisory board member or employee, except when disclosure of lobbying status is made when appearing before the Commission or any advisory board, all persons shall advise the City Clerk's office either in writing, via e-mail or by way of telephone call, of lobbyist activity. The City Clerk's office will maintain a contact log disclosing all lobbyist activity. When disclosing lobbying activity, the person shall provide his or her name,the name of each principal the lobbyist is representing,and the subject matter of the lobbyist activity. http://www.a.mlegal.com/alpscripts/get-content.aspx 7/26/2011 Page 3 of 5 (b) Lobbying outside of city offices. In the event that a lobbyist engages in lobbying which is outside of city offices, and which is a scheduled appointment initiated by any person for the purpose of lobbying,the lobbyist shall advise the City Clerk's office, either in writing,via e-mail or by way of a telephone call within twenty-four(24) hours after the scheduled appointment and the subject matter of the lobbyist activity, (Ord. 07-008, § 2, 4-17-07) Sec.2-234. Cone of Silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal,request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation, and (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 or this section, a person's representative shall include but not be limited to the person's employee,partner, officer, director,consultant,lobbyist,or any actual or potential subcontractor or consultant of the person. (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 qualification, bid, or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article 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 protest between the person filing the protest and any employee,or any written correspondence 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 city purchasing policies. (I) 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,rejects all bids or responses, or otherwise takes action which ends the solicitation process. (Ord. 07-008, § 2, 4-17-07) Sec. 2-235. Enforcement. littp://www,amlegal.com/alpseripts/get-content.aspx 7/26/2011 Page 4 of 5 (a) If the City Manager is informed of a person engaged in lobbying activities who has failed to comply with the requirements of this article,he or she shall conduct an investigation as deemed necessary under the circumstances, in the event the City Manager determines that a violation has occurred based on the results of the investigation,the following enforcement procedures shall apply. (b) A notice of violation shall be transmitted to the person indicating the nature of the violation and the penalty imposed. The lobbyist shall have up to 30 days after the date of the notice to seek appeal of the penalty. In the event the lobbyist fails to submit an appeal in writing to the City Manager within 30 days of the date of such notice,the violation shall be deemed final,and the penalty imposed shall be effective immediately. (c) Appeals of any decisions of the City Manager shall be referred to a special master for hearing. (1) Creation and appointment. Appeal hearings pursuant to this article shall be conducted by designated special masters. Applications for special master positions shall be directed to the City Manager pursuant to a notice published in a newspaper of general circulation, The City Manager shall select a pool of candidates from applications filed on the basis of experience and qualifications. The City Manager shall appoint each special master to conduct each hearing from the pool of candidates selected, as necessary. A special master shall be a graduate of a law school accredited by the American Bar Association, and a current member in good standing of The Florida Bar, The City Manager shall give preference to those attorneys who have prior experience in a judiciary capacity or as a hearing officer, mediator,or special master. Special masters shall serve without compensation for their services, and shall not be considered employees. Travel reimbursement is limited to expenses incurred only for travel outside Palm Beach County necessary to fulfill their responsibilities as a special master. (2) Conduct of hearing. Hearings before the special master shall be conducted as follows: a. Persons seeking appeal will receive written notice by certified mail of the hearing no less than 15 working days in advance of the hearing. The special master shall render a decision on the appeal within 15 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. (d) The validity of any action taken by the Board,the advisory boards,or any employees,shall not be affected by the failure of any person to comply with the provisions of this article. (Ord. 07-008, § 2, 4-17-07) See. 2-236. Penalties. http://www.amlegal.com/alpscriptsiget-content.aspx 7/26/2011 • Page 5 of 5 Violations of this article shall be punishable as follows: (a) Failure to properly register as required by Section 2-232 shall be deemed a single violation, punishable by a fine of$250 per day for each day an unregistered lobbyist engages in lobbying activity, in an amount not to exceed a total of$2,500. (b) Failure to properly provide lobbying contact information as required by Section 2-233 shall be punishable by a fine of$250 for each violation. (c) Violations of the cone of silence set forth in Section 2-234 shall be punishable by a fine of $250 for each violation, (d) Any person who knowingly makes or causes to be made a false statement or misrepresentation in maintaining a lobbyist registration shall be subject to a fine of$250 for each violation, (e) Any person who violates the provisions of this article more than once during a 12-month period shall be prohibited from lobbying as follows: A second violation shall result in a prohibition of one year, a third violation shall result in a prohibition of two years. (f) The penalties provided in this section shall be exclusive penalties imposed for any violation of the registration,contact log and cone of silence requirements of this article. Failure or refusal of any lobbyist to comply with any order of the city or special master shall be punishable as provided by law, and shall otherwise by subject to such civil remedies as the city may pursue,including injunctive relief. (Ord. 07-008, § 2,4-1.7-07) Secs.2-237-2-239. Reserved. Disclaimer; This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality.American Logal Publishing Corporation provides those documents for informational purposes only.These documents should not be relied upon as the definitive authority for local legislation.Additionally,the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy.The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further Information regarding the official version of any of this Code of Ordinances or other documents posted on this site.please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. 2011 American Legal Publishing Corporation • techsupport@arnlegalsOM 1.800.445.5588. http://www.amIcgal.cornialpscripts/get-content.aspx 7/26/201 I BOYNTON BEACH POLICE DEPT Page of 11 frAiiiti`YY BOYNTON BEACH, FL Incident Report #9038474 klula +C9 k'A �{�$ KC�i�' r WIND w ry ;yar > I a�riln�tereay�mi.�a tea 1 I civ inial 2 ���� Wt`t:h'r$r k) D -Mfg' Yvv r .�vab 'a �1 � '> ��- AV ,.Ali, CaseTitle a =tion 3.35 NE 18T AVE Date/Time Reported B ate/fime Occurred 07/29/2009 15:24:00 to Incident Type/Offense V'ICL CONFIDENTIAL(VCFA) ......................----.. ...R•..........,..r,• .... Role ame Sex race llge'D liomePtiane /Waress 1 WITNESS FLOERING, DAVID SCOTT 3RALR WHITE 48 561-577-$042 154 ORANGE DR BOYNTON BRACE, FL 'Status Name Sex •Race 'Age OM' ome ithone Address SUSPECT KATZ, DAVID A WALE 'WSTTB 58 561-577-8007 67 WEDWOOP 1 Bois eRACL, i. ape year a tide1... . •Color 'Reg 9' Sate - a--- ?� ec Code Date Rec Rec$ __Fecal/ Stolen$ — __Class iw;crirt1on • iViodei $See1al Value_ . . /////////////////// CITY OF BOYNTON 23RACB, FLORIDA (Continued on next •a3 e) RcpoiIIII ' OI(It�� `3•.!.' . • 6 BOYNTON BEACH POLICE DEPT rage 2 of 1 =aikci01: BOYNTON BEACH FL "- Incident Report#9038474 Case Title .matron '135 z 1ST 2INE Daterane Reported *ate/Time Occurred 07/24/2009 1524:00 to Incident Type/Offense ,....... vxcz cotainnNTXM,(vcra) Name 3 VIXTMESS QOLDSTRTN, CRAIG B MALI INIXTE 47 561 5774035 1617 NW 23121 BO=ON DAC , CRRIST:ERN FL . . . • Status Name -- Race e clog ....xpme_ Phone Adress r'Rble ' " "4Vearke &Ter Cobt- egli State —pecC9de Date Rec Thec ,Rec By Class I'kali:Edon 'ake °del ' ' slakie Nafridiv Ertnm pwre „ . INR.orracs NEMOMIP0M TO: Major Wendy Unger Support Services Div. ORM 0. Matthew Immlere Chief of Police (Continued on next pege) Reporlin; • 1,.*• ). : " ' ,.r N.,.44, BOYNTON BEACH POLICE DEPT Page 3 of 2,1 iti14%)' ) BOYNTON BEACH, FL " Incident Report #903 8474 CkRiSlk4�. v� $ Stix om L' r�?{)�tY r.4"?,y r 1i,� +ii{i'^, ply $1y iG}6�. I1�N�,.o�S"m, r� �7fm*ssv- w IaG�"f7S�"MM1 . a f� obi} >IaW.Qiifa ar,i x '�i t'� ;1,+.. 1,81 .e,42 ,.. �,u'�drair..Ai-."'j-� z1 ? A, }x,874 ,, rw: + 4 ,1E"�. Case Title Location 135 NE 1ST AVE Date/Time Reported Date/Time Occurred . . . ........ .... ............ .. .. .._.. ._... 07/29/2009 15:24:00 to Incident Type/Offense VICE CONFIDENTZAL(VCFA) - _Role _ pame Sex '`�'tace Age OB' '-Home'Phone Address _ ' 5 CONTRIBUTOtt OW 47‘1111GO7.1„ 1;0119TOIR VALE null, INFORMATIO 6 CONTRIBUTOR OF ALVAREZ, 1 AF 3Xa tiIALE NEVI% 56 null, XNFoR]O#Txo _ Status 'Name •Sex 'Race ''Age rOW = me Phone:"-Address.:--.- ---- .111, ',,, 71 vie Ll Wei :for ion: NM II i-tolen •et Code 0• - Rec rit r-,1-.-13' 'Class o_:stription Make octet a # '•Value N1tr1•'r:liN1. ice:-..:i:LJcd [_on, 1...1 I,. c.: I7.ATn; 29 July 2009 Fila: (Blank) St>BUECTi Information regarding pOesible fraud REFERENCES; (Blank) ENCLOSURES (Blank) (Continued on next .a-e) !' ._j)rn'(113r�( )tfii•t'p. ,•.. , I , , rtr.rIATTMMIMIMMNIMIIIIIIMIIIIIIIMIMIMOMIIIIMIMIMMI.. `'• :+1.41 it r _. • r F - BOYNTON BEACH POLICE DEPT Psgs 4 oral � �- <N,# . BOYNTON BEACH, FL '447ti, Incident Report #9038474 . Fgetv, . . ' Jii .Y 6'!'r\,ftyf(er�k �u"'7M1r1 +{ dry`};, Itirn kFE4_ . 401 0 ami case Title Location 135 NE 1ST AVE Date/Time Reported Thate/Time Occurred -"` o7/29/2o:09 15;24:00 to . IncidentType/Offence VICE COWIDENTrAT.(VC'FA) • omomEmmlmimai Role•. . • ...,...,..... rOne-•:• •-------..... •...,.......,,.,,.5 — ace ....._A..e'DOR ' ome•Phone Address mmwimaimim 7 CONTRIBUTOR OF ROSEN, =CRAM OlitIM WHITE anal, INFORMATI0 • - Status ......-.. " Warne--•--... *_'sex ._,_ ace "/age OR .. .,Home•Ph'orie' Address................. .,...�°--•-, . Role pe"""' " ear Make •- 'Mode! .COIDr • lel* ''State' tvlen$ _ . Rec Code Date Rec . Rec S Rec By -. umillsmuu Class ,....- .. ..,.•.,.e3Cdat9n :.••' Make". -_ • ..:Model.-- . . ..501a1 . ...... .... .. Values e' . s. The following containe information regarding an ongoing criminal investigation or criminal intelligence information and is not aubjeCt to disclosure pursuant to Chapter 119 of the Florida Statutes. On this date I received a phone call from Commissioner Ron Weiland who asked it he could provide Mr. David Flooring, owner of Western Towing with my cell phone number. Commissioner Weiland !stated that Mr. Flooring had a matter he wanted to bring to my attention. I etated (Continued on next page) Rco)111rt12 („)!IicC7 P.,:\'!::•%%jll;_ ( :r111i;�')' : \.Ir!-�111\;itg Oi11 'i r' Z• r:1-d .. • 6 .. . ra : �r- I • ,7142z-#., BOYNTON BEACH POLICE DEPT Page 5 M 10 (year,S BOYNTON BEACH FL i;-1}��;., Ir � .., `►`'• Incident Report #9038474 rt vli v� v ,Y ,� �rr e "T4" C fir, 0 t ' •.} �� r'yq> r .`,ypo m� j1 i. r;, 4 r rate;'>�.y,.,,;„o-• t. ,�t I .7 cg.'. d��•& r X14,-, �lj jt{�.GLL( g! 1G.[V� . 1. 1 4 . �j i ; tt Sr ar ase n Eben : 1ST AVE r ate/Tirne Reported Pate/Time Occurred o • 199 1532 300 to ncidentType/tense p MY P L \.111,I1i14: t. a i_a;f.. to Commissioner Weiland that he could provide the number. At the time X was leaving the city garage and decided to atop at the Eastern Towing Office. located several blocks away, and speak with Mr. Flooring. In speaking with Mr. Floering, he was apparently aware that we had epokan with Mr. Jonathan I)work regarding his allegation that Mr. David Kate bad poeseesion of some items taken from Mr. Dworkin home in a 2004 burglary. Dar. Flouring then advioed me that he had paid Mr. Katz a sum of money (amount not specified) in order to obtain favorable treatment from the City commiesi.on regarding the renewal of the towing contract that provided Flooring's company and others with city towing business pursuant to a rotation schedule. Mr. Flooring then stated that he wan aware that the owner of Weatway Towing (possibly Mr. Craig GOLDSTEIN) had also paid David Rats $14,000.00 in order for him to obtain favorable treatment from the city commission for hie towing business pursuant to a proposed franchise agreement where Wantway would pay an amount of money to the pity ib order to become the only vendor receiving the oity'e tow bueineso. Flooring further stated that the money to be paid to Mata wan actually paid to Jonathan Dwork who wan to cash the check and then give the money to Katz i-r an effort to conoeal the fact that Weetwey.wae paying Kato for favorable commission treatment of hie proposal. Flooring stated that he believed Westway had made moms effort to have Kate return the money paid to Dwork on hie behalf because Weetway did not receive favorable vote from the commleeioa. Please aseign a detective(a) to follow-up on this information in order to determine if any criminal violations may have acdurred. We Should also notify the Office of the Staten Attorney of the information we have received and inquire if they would like to join or conduct the investigation on their own. ////////////////////// (end of memorandum) Wednesday, 29 July 2009 myself, Det. Caudell and Det. let Grade T. Athol made Contact with business owner W/D! ?LOBBING, David ( at the office of his business (Eastern Towing located at 416 NE 6th Ave. Boynton Beach, 91) . During an informal interview with PLOERING, he stated that he did in fact provide $500.00 to an em-friend of his W/?! KATZ, David. ?LOBBING stated that the money wan given to RATZ for a °lobbying• effort to benefit his company. Conversation wan not recorded. At approximately 1500B're, 29 July 2009 witness W/F' RALIS, Janie arrived at '*RFD end agreed to (Continued on next page) • 9. ' BOYNTON BEACH POLICE DEPT Page 6 of 11 f/sf ' , BOYNTON BEACH, FL Incident Report#9038474 iAii n.yj�;:S�yjtci,� .r�Y 'f�{� t ,�f�+G 6• r UAW � ,G y. .'�' d' ,Of59 S�Cr�Y 1 'w�3 ,� ''ixaa ",40tih •tlrli"irl;.,� r jr7 i`i W; t v"'c. Oto{' ' �7i i 1.' 0: �✓� orA . • Ion 1 NB 1ST AVE "ate/Time Reported sate/Time Occurred 4/ 2 200 : .. .. I. to ncidentType/Offense 111�t.: i:_c , i true... :r'.::n OV _ •. ...,._, ..._..........._.,.... ...-•_.,._.. ,,,_.. .. . •• ..,,. give a sworn taped statement as to her knowledge in thi,e case. NALIS is the ex-girlfriend of KATZ. In a &worn / recorded statement NALI6 explains how she wee present when she and KATZ met with GOLDSTEIN at a Dunkin Donuts located on Atlantic Ave. in Delray Beach. NALIS could not provide a specific data for the meeting. However, MALIS did State that there was ■ shooting at the same Dunkin Donuts a few days later. Investigation revealed that there 'wee a shooting at the Dunkin Donut' located at 4600 W. Atlantic Ave. Delray Beach on Wednesday, 16 November 2006. Monday, 03 August 2009, in a subsequent meeting with vitneae FLOERING, David (D.O.B. . in a sworn taped statement FLOWING stated that around November-December 2008, he was approached by ex-commission member w/ea KATZ, David. KATZ stated in exchange for $500.00 he would recommend / lobby in behalf of keeping the existing tow rotation policy that was at that time, in place for, and the policy of the City of Boynton Beach which he was a (beneficiary of. FLOERING additionally, stated that he had been told by a mutual friend DWORK, Jonathan, that KATZ had accepted $14,000.00 from another opposing company, Weetway Towing which is owned by WIN GOLDSTEIN, Craig ( . GOr.DsTRIN was attempting to persuade the council members of the City of Boynton Beach to change the existing contract / policy which, (wee awarded in 2005 to eight tow companies, all of whom had to be located within the City or Boynton Beach. It should be noted that there are now only mix companies on the "tow list". GOLDSTEIN was attempting to persuade the city commission to utilise his company as a solo provider / contractor for all tows within the city of Boynton Beach. Wednesday, 05 August 2009, I received a copy of the City of Boynton Beach Agenda Item .Request Worm (Form scanned into report) \\\\\\\Ate CXTX OF BOYNTON BEACH AGENDA ITEM REQUEST FORM NATURE OF AGENDA ITEM City Manager's Report RECOMMENDATION; This item brought before the Commission for discussion of a new towing service contract model. Staff is seeking pulley direction from the Commiosion as to which model to use in developing a new towing serviae contract / bid. EXPLANATION, Staff has researched alternatives models for the Commission to consider for a (Continued on next page) • (v8sd 12012 uo ponuTgttoD) w qw esopueA owl 944 oq ;trews! 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'it, . ""%71" ' tg e• F.orn$ i r� ,,ie�r...twt,. •II,?;5.4 . ;,� t,,> "i ` ��i ►311ti '1142.c �o 4acisy�:.=+ic�.ltur9 A4k j :ase Title ()cation 135 Ns 1ST Pate/T)me Reported r ate/lime Occurred 0 /Z9/2009 ]4124:00 to - • _._.._ Incident Type/Offense VI)Z CONPTD}ETl'T1i'G MBA) • Norralivu,' P3.0 V) reduced / negotiated price ($55,000.00 each - which represents half of the lowest bid) . The obvious benefit of seeking a franchise agreement is the potential for a new revenue source for the City tie well as the potential reduction of the expenses we incur in towing our fleet . vehicles. A disadvantage of a franchise is that larger companies would be in a better position to offer a higher franchiee fee, whereas, smaller companies may have a difficult time doing so. C. A third option is to seek proposals from vendors (franchise fee) and consider awarding to the top two or three' biddera. This is the 'direction in which Boca Raton ie headed. An average of the top two or three proposals oan be taken and the contract be awarded accordingly, with both or all vendors paying the eamme fee. As staff sought input from City tow vendors (copies of all responses attached - Exhibit B) we found that two of the five responses (Beck's and Zuccala'a) suggested limiting the towing service contract to two companies. A third vendor (Emerald) indicated that °many city contracts do have a rotation aystwa but most are now contracted to no more than two companiee°. ' Their letter also stated that •the Palm BeaOh County Sheriff's Office ■till has as many as 9 coipanies on rotation in a single sone but this has become more of a problem than a solution for the public. . D. A fourth option ie to structure an RFP to obtain franchise fees from vendors with a minimum bid outlined in the proposal. For inatenoe, the City of West Palm Beach hoe this type of contract. Two vendors pay $15,000.00 each annually (a higher minimum can be established - i.e. $20-$25E). This option may draw increased participation because the minimum statement wouldn't be provided for the smaller tow companies. papsakat IMPACT: aegaxdleso of the contract model the City Commission selects, staff encourages the Commission to consider the inclusion of free city tows i;or all. city ow,aed or leased vehicles (at least Class A a B) . Additionally, as expressed in the attached memorandum from the Police Department (Exhibit C), the Police Dept. request 'we secure a taw contract that releases the City from its responsibility to pay for the storage of vehicles at the rotation tow vendor's facilities. The vendors who maintain the vehicles stead in a position of interest as they have possession of the vehicle for the collateral for the eventual satisfaction of storage fees from the vehicle's owner or relevant insurance company. Both of these provisions are very common among neighboring municipal taring service contracts (refer to Exhibit A). • Staff has encouraged our tow vendors to attend the 09/19/08 Commiaaion meeting to provide their input for your consideration as well. (Continued On next page) BOYNTON BEACH POLICE DEPT Page 9 of 1a (4 a d BOYNTON BEACH, FL Incident Report #9038474 -. �. �t} v tt;±+}\c� x. G �, .e r�, i ;w nF1 `,°�1r 1 5�11i�iG l w �.Y•yr�$tDr'.>, i L..�. t�'�i�_ -,v / y,Y /•r.�N�.'� ....�17Ltr lf{ ., se Title _ocat(on ;:►; eT A'VE tate/Time Reported 'ate/Time Occurred 07/29/2009 34124;0.0 - to nsidentType/Offense VICE CONFTY)RW IAL(VCFAI . • -- --- N;ur;:li\ ' ',a:t..inu-..1 FISCAL IMPACT: Depending on the Contract model selected, the City may potentially increase revenues In the form of franchise fees and possibly reduce expenses related to the towing fleet vehicles and the storage of police directed town. /////////////////////// (end of Agenda Xtem Requeat From dated 0$/3.9/2008) City Ccmmission, voted to extend the current contract for one year with free towing for City vehicles within city limits. Approx. 1615Rre. Wednesday, 05 Auguet 2009 Det. Caudell and this officer conducted interview with witness / victim w/M Craig GOLDSTEIN and his Atty. Michael SALNICK. What during the recorded / sworn statement, GOLDSTEIN stated that he had been had approached David KATZ because ae he was told that if you want something done in Boynton Beach you should go through David KATZ. OOADBTEIM specifically stated that he hired KATZ because of hie influence over City Council 3tembera KATZ had told GOLDSTEIN that he (KATZ) could convince the commission to go out for franchise system. GOLDSTEIN was asked it KATZ had informed him (GOLDSTEIN) that he was lobbying for anyone else. GOLDSTEIN stated that KATZ had informed him that wee good friends with David (FLOERING) from Eastern Motors (Towing) . That he was very close with him. GOL,DSTEIN asked KATZ if he was representing him (Bacteria Towing) . because if he was then he (GOLDSTEIN) would find someone else. KATZ took the check from GOLDSTEIN, which is in furtherance of the hiring of KATZ. GOLDSTEIN further explained that KATZ requested that GOLDSTEIN write the check to a third party (DWORK) . Friday, 07 August 2009 I made contact with witness GOLDSTSXE• I requested a copy of the check that he had made out to DWORR. OOI+DBTEIN provided a copy of Flagler Bank Check #14540 with Weatway Towing being the payer and Jonathan Dwork being the payee in the amount of $12,500.00. Check had an iseue date written in by GOLDSTEIN of 11/17/2008. The reverse side of the check above that it was cashed on *******November lath 2008 at approx. 12:27pm*******. Endorsement on the reverse of the check shows the nama of Jonathan DWORK and- identification number (which is the Florida Driver's License number of Witness Jonathan DWORK (154 Orange Dr. Boynton Death, F1) . Thursday 06 August 2009, Sgt. Ronald, Det. Caudell and this officer responded to SAO and briefed S/A Al Johnson and A.S.A. Mighdoll on information found to date. (Continued on next page) qr • BOYNTON BEACH POLICE DEPT Page ltbf 17 r441.." BOYNTON BEACH, FL Incident Report #903 8474 �. 1�v.t�Y�. Mai a, 'N9 §� r4 , X31 iv epi i ':d ��f a6`, t ici,Y� 4 w4- ;? !1. iW.M9l�M1$1• ,:d7i�F '��M,+Aw�'!r�'i��:`?�'� a d �Y.uW�a�i.,i + i .r � �u CCL '�1.'�, +'�1���tr'I� f�, �r. se Title ..ocation 135 • 1ST A iC 'atelfine Reported Date/Time Occurred 0 2• • -•o ncident Type/Offense "— vlrx CQNg1DKNTIAA(vr9A1 -:•r,l rt: • t:.:i na Friday, 07 August 2009, Z received a subpoena4IIIIIIIIIIi* :or the Sank Records, to show accoss to safe deposit box(ea) in the names of ranice-C. NALIS and/or David A. 81ATZ foae Wachovia Hank (200 N. Congress Ave. Boynton Beach, Elorida) . Subpoena Wee personally served on Wachovia Branch Manager W/M ALVAREZ, Rafael- ALVAREZ sent the doCumenc to the Subpoena Compliance Center who would look over the document. Monday, 10 August 2009, authorisation was granted by Wachovia Legal Order Processing Dept. A copy of the Safe Deposit Entry Record was turned over to this officer. Records ehow that Safe Deposit Box. #362 in ranted / leaned by Janice Chrietian Melia and David A. Etats. Records show entry into the box on / by: -Janice Christian Nalie 06/17/08 1130Era. -Xani.ee! Chriatian Nalie 00/02/08 2:410p.m. -Janice Christian Nalie 11/12/08 11:52am -Janice Chriatian Nalie 1.1/18/08 1:35pm ******* -Janice Christian Nalie 12/15/08 1:00pm ******* -Janice Chrieiten Nalie 05/12/09 1127pm -DAR (David A. Kati) 05/08/09 9:03em Additionally, GOL))STEIN requested the money that he had paid to RATZ returned to him, as he did not represent (his), GOLb8TRIN'e interest aa he had been paid to do. GOLD$TEIN stated that several days later he received a Bank of America Caabiere Check WillIMMINswes in the amount of 812,000.00. The cashiers check had a note handwritten on the bottom "Return of all monies for charity project lees $500.00 coat". Check wee made out to Weatway To ing. Check was generated on December 15, 2008 and the name of the remitter •purchaeer" was Jonathan DWORA. It should be noted that HALMS has a log entry showing that aha had entered into the jointly rented safety deposit box on ********December 15, 2008 1:00pm.******* Above information / documentation was turned over to: Assistant State Attorney Al JOHNSON, Assletant State Attorney Oriel NETO Agent Nester ZARAGOZA (Anti-Money Laundering Tank Force Agent) Approx. 11001tre. Wedngeday, is August 2009, Det. Caudell and I aaaiated Agent ZAP.AGOZA in the execution of a search warrant at Wachovia Bank (200 N. Congress Ave. Boynton $each) . Warrant was executed on safety depoelt box #362 which was in the name of NALIS, Jennifer and (Continued on next page) CSL Nlitir l!llii�; �I': n. s rii',•. .. \111.0% 'HP 111'i:.`� ZAMP a,k :' • ZIEF 567 BOYNTON BEACH POLICE DEPT Page 135E 11 ? 1 BOYNTON BEACH, FL Incident Report #9038474 �..n; 1 a„ Sr skw $�a nr�w,.1 u s lMl W a(E>rrrl, . 1 Y. °yf yv�.,p�r �r �?Y � �p�':LIFT E 1vla�i �' )4J,1?(�rp�Y(�r r rr�!'4� •� +t�ffi{S �� Yfi` 'lJ w . P py14 �}C, i ?au7vllavM dgCIS r It, s r Fa :i .R • . Iv r. • ;01111.11.111. �i +.1r �•�Y� l�.A'�ks}�i§( .•� �N dui w4}4 SaG 2sf a 5, ,LCe yYii r•�v d d• - :)�' ri ;Jr.u .� . otdtion Ni^S 1. AVE .. .ate/Time Reported •ate/Tlme Occurred 47 2' 700• . . z24 0+ to ncIdentlype/Offense • 4, .. ►:aa< r . . K TZ, David_ Search Warrant nas presented to Wachovia acting manager WIN ROBRN, Michael Safety deposit box was opened utilising the services of Diebold Premier 9ervi4os eiEmloyee Richard Smith III. Wntry was video taped by C.S.X. 8ichorst and toned into evidence, safety deposit box was empty, A copy of the Search Warrant mes ',canned into / attached to this report. investigation to continue.._;:.«'.•::' ••�•••a•�• •Z. • • • • •• 1 r , k l' 1411.1111:: I� •1 r ( 1,1!. ••1• i 1.. :11', ! •!' • 1 It (_� I1l) '� . BOYNTON BEACH POLICE DEPT br 5 4.411., BOYNTON BEACH FL Supplementary Report#9038474/1 • tgoag • ayst Case Title ()cation 135 NE 1ST AVE Date/Time Reported Date/Time Occurred 07/29/2009 1524E00 to Incident Type/Offeme VICE CONOIDENTIAL(VCPA) (Role Name s. ex *zee 'Age POB HomeThone Address 5tatys" ' 'pex' 'Race Age DOR -HOme'Phone Address - Role — "Yeir ake goaor olOr Reg* -State- ilec Code Date Rec Ptc Rec By _ Class 'DescriptionDes ripticn Make Modei Serial Value Nal rzlti\ ' DETECTIVE BUREAU CONFIDENTiAt-DO NOT RELEASE -In an efrort to prevent duplication of information,Tnia $-111a supplemental report and may not inolude some events documented in original report. on Xuly 29 at 1011 hrs, writer attended a briefing/ meeting with Det. Athol and Dot. famPini (Continued on next page) . . ala I ...P • BOYNTON BEACH POLICE DEPT Par 2 p/5 � , �1' BEACH, BOYNTON FL ^w�i y� `° :Y., Supplementary Report #9038474/1 FN3 W4 _ 'Mgt � } ..�T a1,,"R° •!, ,W,. a v r/fL1i: � 11t �4l.R r..�' +t T ase Title ovation 135 1?iB 1ST AVE gate/Time Reported ►aterime Occurred 07 • 200• .14 to ndldent Type/Offense ,t' c,aN 1::i, in the BBPD Detective Bureau conference room. net. Athol disclosed information that ex-City of Boynton Commie ioner w/m David Katz may have taken lobbing money from at least two towing company owners without diseloeimg interests to both partiea.The amounts of lobby money paid to Fats were different and raised question aa to Rate intentions. It was also known that Boynton Beach City Commission in late 2008, denied a (single towing company)bid by west Way Towing (owner Craig Goldstein) that would have offered a positive cash flow for Boynton Beach VS the current rotational tow contracts that have a negative impact.. During the next hour, SAO AI Johnson was contacted and briefed on information obtained. At approximately 1143 bra, Det. Athol, Det. Zampini and writer responded to Eastern Towing to interview owner w/m David Flooring. Upon arrival, Flooring retueed to give a sworn taped statement at that time but did however state that he wanted to alert police to the fact that he paid David Kate 0500.00 to lobby in his behalf at a Boynton Beach Commission fleeting reference retaining the current tow rotation contract. Fioering stated that at no time did David Kate inform him that he(KATZ) wee also representing/lobbying for West Way Towing to dissolve the current tow rotation. During further interview, Flooring indicated that w/m Jonathan Dwork wee an associate/friend of David Kate and assisted Katz with oaahing the $14,000.00 check written by Craig 9oldetein for West way Towing Lobbying. Flooring stated he obtained some of hia information from David Katz ox-girlfriend Janie Melia who was present during the wast Way Towing lobby payment. At approximately 1320 hrs, Det. Athol and writer met with w/m Jonathan Dwork at his residence. Dwork agreed to speak with police but was reluctant to give a sworn taped statement at that time. During interview, Dwork eluded to personal concerns he has with Boynton City Commissioners but would not supply names or supporting information for hie concerns. Dwork also stated that he has in the poet, cashed checks for David Kats by depositing various small ebecke(eetimated no larger that $500.00) into his account then giving cash back to David Katt or donating funds to various charities that Kate selected. Dwork recalled that the most recent check was from Meet Way Towing for approximately $12,000.00. Dwork atated that the check was made out to him (DWORL) and was given to him by David Kate. Dwork then deposited thio check into his checking account and withdraw the same amount in cash. Dwork indicated that later he met with David Kate and gave him the $12000.00 cash. Throughout this interview, Dwork would refer back to a burglary that occurred at this residence and named David Kate as the person responsible for removing expensive jewelry from his residence. Dwork stated that thin burglary is the reason that he no longer trusts David Katz and that their friendship has dissolved. Dwork concluded that approximately two months later, Kate refunded Goldstein $11,500.00. Dwork recalled that Katz brought him $11,500.00 cash and (Continued cm next page) i . • ; •LL: r* � : , • • BOYNTON BEACH POLICE DEPT Pape3 ef5 rf 4,A":4 i BOYNTON BEACH, FL Supplementary Report #9038474/1 ! 'Im24".rP •:::...,„ t!. rip d' ,e`- i v �r ' 4' 4 Y a.B -• �Z S$ W 0),!'0" Lig 4w'54. Y,,mei:A i'. �%(� :`ti4'� Ftbb.rx mit/ ! .sae,P Hhe '.23ki Case Title oc tlon s tam Date/Time Reported 'ate/lime Occurred 07/29/2009 15:24:00 to Indident Type/OB'ense • IlI ill\'t: {.4_;�-.i;Yu=ci (-• 4.5. ,1,• directed him MORE) to obtain a cashiers Check for this amount. Dwork stated that Janis Nalie drove haat to the bank where he obtained the refund check. Dwork recalled that he then gave this check to Rats. At approximately 1500 bre, w/f Nalie, Minix, arrived at BBPD sad agreed to give a awl= taped statement as to her knowledge in this case. SRR RECORDING AND MAIN REPORT POR COMPLETE INFORMATION. During this time, writer was advised net. Z&MPini will be lead Detective in this case. At approximately 1620 hrs, Dot. fampini and writer briefed Chief Imm3.er and Major Unger on case information obtained. On 07-30-09 at 0700 hrs, writer ran Accurint report on west Way Towing/ owner Craig Goldstein. writer called Goldstein who agreed to meet with police and provide a statement as to hie knowledge of case. During the next few hours, writer reviewed current rotational tow list and called Bcott's Towing for further information. A abort time later, v/m Alexander Couret from Scott's towing celled and stated that he ie the current president and owner of Scotts Towing. Couret stated that he does not know David Katz and has never paid him or anyone else to lobby in his behalf. Alec, on this date, writer met again with Dwork outside hie residence. During this time, Dwork reiterated information obtained in the above let interview. At approximately 1500 hrs, writer spoke with Goldstein who advised he wants hip attorney present during interview and will contact writer later to schedule interview time. On 09-03-09 at approximately 1000 hrs. writer spoke with Goldstein who advised that he has retained Michael Balnik Esq. as hie attorney and an interview will be granted au Soon as possible. Also on this date, Dat. Zampini and writer responded to Zuceales Towing and Emeralds Towing and left business cards requesting owner's to contact us. A short time later, writer received call from a Lawrence Zueoala and aim Jennings of Emerald Towing. Both parties denied paying anyone including David Katz, to lobby the Boynton Beach City Commission for taw interests. At approximately 1549 hrs, Dot. Zampini and writer mat with David Flooring. Atter initial contact, writer departed the interview as Dot. Zampini concluded interview (SEE INITIAL REPORT) . +On 08-05-09, writer met again with Dwork at his community club house. Dwork agreed to give (Continued on next page) c►vDE>;ns(ZQ ) • BOYNTON BEACH POLICE DEPT Pagc4 of �`; BOYNTON BEACH, FL '• Supplementary Report #9038474/1 '�.1�;t ttih "5 1 - ' •ti K 1,1 Y oS.YnT i .�, t�,A 7; '�41" 4 di..'';'.SY 44+ z, 1` °Y'' f 1 1jtp�, `� j n' ' uP t}'��,._ ,.. dv ifd 1' V - .Ja. atKl ,tatii:M iR l"L v ,��!};'b A.. e' 14.., .,Ir. x &*.. • . a CT 'Q .5�'T� •� (!' �X A se Title •cation 135 at AVE ___ 'ate/Time Reported 'ate/Time Occurred 07J19/2009 15 >100 nc'dent Type/Offense ati+11..1 54,4 , l , .Triter n sworn recorded statement a tasting to him knowledge of this cams, ORE RECORDING FOR COMPLETE INFORMATION. During interview, DWOrk re-iterated information in his July 29 interview and indicated he will cooperate further with law enforcement if needed. On 06-06-09, Sgt. Ramie, Oct. Zempini and writer responded to SAO and briefed S/A Al Johnoon on information found to date. On 08-10-09, net. Za>npini and writer responded to Wachovia Bank 200 N Congress, Boynton Beach Fl. and met with bank manager w/m Rafael Alvarez and served a subpoena produced by SAO demanding copy of safety deposit box #362 entry log- Mt. Alvarez produced a copy of log in question end proof of ownership to depooit box 362. Alao on this date, Det. Zampini end writer ionated previous owner to Scott's Towing, w/m Earl Scott. No information found. 0n 08-12-09, Det. Zampini and writer responded to Wachovia sank, 200 N.Congraoe Av. Boynton Beach F1. (REFHR TO ORIGINAL REPORT FOR DETAILS) On 8-17-09, writer °poke with FBI Agent Joseph Q. Scour° and arranged for meeting at PITS FBI office to brief him Of information obtained. At 7.330 hrs. this date, Sgt. Ransie and writer net with Agent Sconzo at his office and supplied information contained in this report. SC°dzo advised that he will brief IRS Agents at a later date and report back to writer. 'On 09-15-09, Agent Sconzo contacted writer and advised that AREA Steve Carlton has been briefed on Dasa and will conduct further investigation. Agent Sconmo directed BBPD to cease all investigations into this case. Agent Sconzo advised that the FSI now handle all future investigations reference this case. Writer briefed Major Unger,- Lt. Chapman acid Sgt. Renate regarding FBI request. At75A Steve Carlt°n'o phone number •� 'luso aloe) forward JWlliifr i• to staff at this time. This came is considered INACfTVE AT TRIS TIME RENDING YET DIRECTION. (Continued on next page) ISL ti(1I III f.)1I1LL'.1 i' • 1, i1 1' I' I; i, s OAUDBLLS(703). =.: =_ . • . . . BOYNTON BEACH POLICE DEPT Page 5 of 5 7,141 BOYNTON BEACH, FL ft v. -. Supplementary Report #9038474/1 mm—zgN.w.RoomkmgmmgoylaTkmgtemgxompgN T4tetAsmgggmttgqqumto' qofOO:A;°aSSNZ,Wogowtkw,,uAaqpkww44,org- 4' PARM11/49Wtr-0,7"NORV6 74?pr ova _ :a se Tide _melon lis NB 1ST AVE •— -- . • — Datefrime'Reported Date/rime Occurred Cl , • 1 0 9 2,• 24 0 1 nddentType/Offense VICE CONFIDENTIAILLYPPA) . . _ .------ \ti=1 1\ i,...cf!:.:1!.11.121 1: vr% riii.li-? . . ....... . . ..• .... .... • • . . .. • • • !. . . .... ........„ ". •• . ........_... !!!!!.(• !!!!!Milliallilill . ..................... . .....,.... • ..;',.1h;'';:- ,. BOYNTON BEACH POLICE DEPT Page 1 or a f` �i! BOYNTON BEACH, FL L ;‘'A • `'+ '~ Supplementary Report #9038474/2 M�i'�. t i� �3�� ,�I�` �t l r + �y`A I'`t f• h s� ,•:• ^Wf1'��i. )I M'�r a� .r v'/ la'7 T Y - '.."f7". +' m+ Z10.+e {a F. iti. fol 57 p�F�C �rSY+�'�` i"? I:PC�:..f�•]4tt•'h & �r. 1„, ifM 2'; .. a O.11 .kik‘gt.I..1.B ; , ', ,i I uu ., Case Title ion 135 NE 19T AVi3 Date/time Reported ►ate/Tlme Occurred 07/29/2009 15:2400 to ncident Type/Offense b'XCB CON7IDDNTIAL(VCBA) 4 Role Name ex Race.' " Age S)OB ,;Home Phone Address • • • ' Status ame •- -- --' -x.,.......Rate-_-Age DO '•' . - orne'Pt one Address • lioie type - ' Ear ake •odel • Color A9il 'State .1 Stolen$ .ec Code ate Rec Rec j , tec By ',Cf ass _ •.t7escn on ____' .. ake '•` ' ' et ' ••• , ,Lai IS ' •atpo ' NnriaiitLI' 2 was notified by the Chief of Police that a possible allegation involving David Katz had surfaced as a result of a conversation he had with a local busineae owner by the name of 'loriag. The allegation was based on the belief that Katz wan acting ■■ an unregistered lobbyist for both •idea of a mingle iesue that was brought before the commission of Boynton . Beach. Katz had reportably taken monies from a tow company owner in Broward county to lobby '• for his proposal in front of the commination, yet wale maid to have lobbied for the competitor in that game iesue, and was poeeibly paid for that an well. X researched the Bating of the registered lobbyists in the city of Boynton for the year 2009 and Kata nae not currently a . fGontinued on next page) • Rvilortlll ())Ili.'l'f ,{`.: ,... . n r.t• .`1• :f: .f'. :r 's tit~ % BOYNTON BEACH POLICE DEPT Papel ore y. -� BOYNTON BEACH, FL vo q,^t�.t 'ty, Supplementary Report eport #9038474/2 � ; Qaltegpili ;�?'_ r�' y1 %, ,f't; Mp���gE � am R•"W , lg .Yj t{tr Case Title , ation _ ;' 7.,T AV8 )ate/Ttme Reported •aterlme Occurred • 97 • 21 i ' ..5• 4 'O tis _—.. ncldelit Type/Offense 7wAtL(Y)N1?TTfRHTTAT.rV�'.F � •••.•. •• •. '. ..'- • •• MIMIMMI IIIIIRIMMNIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIII .,.. .. .. .... regiptered lobbyist. x also attempted to rw oex4h the'Pla State listings for active lobbyists and could not find Katz listed there either. Thia matter waa turned over to the Detective Division and assigned for investigation. • • *l' 141111ILLt) ALLc ...i..ly:: :.,• 4 ral• ..�' •.. rs , L1l ....... BOYNTON BEACH POLICE DEPT p.a,sof l *alf; BOYNTON BEACH, FL , ' Supplementary Report #9038474/3 :7 g1 1 E! � -ase Title ocation 135 NE 1ST AVE _ 10 ate/Time Reported 'Date/Time Occurred 07/29/2009 15:24:00 to ncidentType/offense VXtm CONFIDENTIAL VcFA) Role dame Sex :Race A eq .OB 'FlomeThone Address Egeminumemsommommmilimm mim `Status Name Sex Race • Age DOS. ?Home'Phone d•ress ole............ Type_..,,......_._ .... 'Year Make— oriel' lor._....., e9.#....,. ... State.c tolen+� Ret Cote Rec Rec 5 Rec 8y Class description ake lModrti ,Serl i'# _' Glue Tuesday, le August 2009, copies of all documentation / reports / audio rsoordinge Turned"" over to F.b.I. Special Agent Joseph G. °CONZO this date. Repot liI Oi1ic0 +: , ,, : ziorszNZP 1756 t';• 14 . . . , • ‘,,,,,, :-•,-t„ BOYNTON BEACH POLICE DEPT P.g,a.of-1 et...reTt.,:ilk 4 Itai:t.r) BOYNTON BEACH, FL \Nuop, Supplementary Report #9038474/4 iiiiimE''' IV... 'ISTIMU)Z,Ifiglioril Y'''1:e.p:V.:)::::TA-:.,-*VP,'At i''ttlitt: '1 m::'", 1,112.11A:211•'' Case Title Location 135 NB 1ST AVE Date/lime Reported Date/Time Occurred 07/29/2009 15:24:00 to incident Type/Offense ViCg CONFIDENTIAL(Verk) . . . . ...... • 41.1',111S Role ame .ex Race A t e DOE' • ome Phone ' ddress : 'Status NamevRace Age•008 -Rome Phone Aril:tress gannimmilimmiimmiiiimumm . . . .. .. .... .... . .. Isch:-. 1:Rol e Te " `leer' oke _Mixiet LN R esgieLMTLaec .__., 1_,.. .c 3Alix — ' , Stolen$ ,Rec By • , s'Descrloiion : ' e • odei'• *tie.'# Value . . .. . . . .. • N.liT,:iti\c.• CA 12-3-09, Op copies of city counsel meetings obtained we copied. OriginateWiraYtot-DAPIV evidence. Copiee were tot FBI Special Agent Sconso. No further. UiUUF .. _. BOYNTON BEACH POLICE DEPT Page of BOYNTON BEACH, FL Supplementary Report #9038474/5 • on ytetw-'.9k6v.r.)! Al% t.P4 ase Title • 135 ES 1ST AVE ate/Time Reported late/Time Occurred 07/29/2009 3,5124;00 to ncident Type/Offense • VZCH coNvxDrafrIAL(VC ) . , • Acile ••'.— •• Rate- -71A-de'DOB-- Addlisr • • . tatus " "• . . Na... _ " Sex " ..Pä. ....... .. Address _ • 40• ••A•• •••A•• ••A• • ••• •••••••...A, •••••• A , • ••A • 4 le Type VV ear Make 'Model •ColOr stti tolen Recto/ •Le V VV , C1asoes ri.tian—' ' " " 701110111111 ••-••••••• • •-var-e------•••• • On or about 11-6-09, writer cbtainad City of Baynton-iiiChriCOrdirigasit contributions for currant elected Officials from 2006 to present. These doouments were copied and tot 8/4 Sons°. Originals wars tot BBPD avidsince. No further. • 0111o;i: i • • • • • BOYNTON BEACH POLICE DEPT Page of 1 BOYNTON BEACH, PL Supplementary Report #9038474/6 P::;::i44,.ErgreArda:Nvagel -q7-ara "'"mtmato ipag Case Title . Location • L35 NS 3.BT AVE Date/Time Reported Datealme Occurred 07/29/2009 15;24:00 to *WS Incident Type/Offense fl ..• 17/C3 COMMIT/ALOYCIPA) Ismomminomminiiammimiimmain Role Name Sex Race m_ge OR arm Phone Address Status • Name ex e D one dress ",• dole •• Year make jmodo• Color eg# State • 5tolen$ ec Code Date Rec Rec$ --fi II seri.tT.n Oake .modif $erim..# ,; •idue Niirii i : Thuraday, 23 7uz 2011# a check of the statue of thin came wan conducted. Tuquixy reveled that there are no active Federal or State XELVestigationa regarding this incident. R.11011111L) ()Il1% ick:i f • . . . Page 1 of 1 Pyle, Judith From: Pyle, Judith Sent: Wednesday, June 15, 2011 5:57 PM To: 'oed@patrinely.com' Cc: Prainito, Janet; Bressner, Kurt; LaVerriere, Lori; Cherof, James Subject: Lobbyist violation appeal Mr. Duke: The letter that was sent to you from Mr. Bressner dated May 24, 2011 outlined the appeal procedure as follows: "In accordance with Section 2-235 (b), you may appeal this finding within 30 days after the date of the notice of violation. Any appeal of the findings shall be referred to a special master for hearing. To allow for mailing of this notice, you must file your appeal with the City Clerk no later than 6 p.m., EDT, June 29, 2011." If you have any further questions, please let us know,. Judith a.9 , e✓te Deptall&eiedi 674 of gegatan Read 561-742-6062 Pv@e4fLu6 6/15/2011 Pyle, Judith From: Prainito, Janet Sent: Wednesday, June 15, 2011 5:38 PM To: Pyle, Judith Cc: Bressner, Kurt; LaVerriere, Lori Subject: Fw: Owen Duke Lobbying citation Judy Will you please respond to Mr Duke? He needs to forward a letter to me appealing the fine. Please look at the lobbying ordinance. Thank you Original Message From: Bressner, Kurt To: Duke, Owen <oed@patrinely.com> CC: LaVerriere, Lori; Prainito, Janet; James Cherof <JCherof@cityatty.com> Sent: Wed Jun 15 15:57:56 2011 Subject: Re: Owen Duke Lobbying citation Mr. Duke, I will forward your email to the City Clerk and our City Attorney. Your email may suffice as notification. The City Clerk will officially advise you of this and the next step in the process. Thank you, Kurt Kurt Bressner 561-436-2328 (cell) On Jun 15, 2011, at 3:13 PM, "Duke, Owen" <oed@patrinely.com> wrote: Mr Bressner, Ms Laverrier Please tell me what I must do to contest the lobbying citation and fine levied upon me by the City of Boynton Beach. Owen Duke Executive Managing Director Patrinely Group 1270 South Pine Island Road Plantation, Florida 33324 954-452-8595 1 Page 1 of 1 Prainito, Janet From: Persaud, Farah Sent: Tuesday, May 24, 2011 2:38 PM To: Prainito, Janet; LaVerriere, Lori; Cherof, James Cc: Bressner, Kurt; Swanson, Lynn; Pyle, Judith Subject: Lobbyist Registration Letters Attachments: Lobbyist Letter Colee.pdf; Lobbyist Letter Duke.pdf; Lobbyist Letter Muggeo.pdf; Lobbyist Letter Pelton.pdf; Lobbyist Letter Weiner.pdf Good Afternoon, Please see attached Lobbyist Registration letters and the attached City of Boynton Beach Code Article XVII: Registration of Lobbyist for your file. These letters were placed in the mail today for the following Lobbyists: Donn Colee, Charlotte Pelton &Associates Owen Duke, Patrinely Group, LLC Daniel Muggeo, Daniels & Roberts, Inc Charlotte Pelton, Charlotte Pelton &Associates Michael Weiner Thank you, Farah A. Persaud City Manager's Office, City of Boynton Beach, 100 E. Boynton Beach Blvd, P.O. Box 310, Boynton Beach, FL 33425 5/24/2011 ( The City of Boynton Beach OFFICE OF THE C17Y MANAGER 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Clty Manager's Office:(561)792-6010 FAX: (561)742-6011 e-mail:bressnerk@bbfl.us www.boynton-treach.org May 24, 2011 Mr. Donn R. Colee Jr. Vice-President Charlotte Pelton &Associates P.O. Box 32906 Palm Beach Gardens, FL 33420 Re: Review of Lobbyist Registration—City of Boynton Beach Dear Mr. Colee: In response to a request of a member of the City Commission to review compliance with the requirements of the City of Boynton Beach Lobbyist Registration, I have completed my review. The Ordinance is codified in Sections 2-230 through 2-236 of the City's Code of Ordinances. Thank you for voluntarily providing information in response to my request. Based on my review, it appears that you engaged in lobbying activities in 2010 without being properly registered to do so. Unfortunately,you were not informed by City staff of this lobbying regulation before meeting with City officials. Specifically, as you have reported to me and as confirmed by City staff the dates of what I view to be lobbying activity took place on the following dates: August 13, 2010 August 27, 2010 September 17, 2010 September 30, 2010 October 26, 2010 December 3, 2010 February 8, 2011 Section 2-236 sets forth penalties for violations of the code as follows: (a) Failure to properly register as required by Section 2-232 shall be deemed a single violation punishable by a fine of $250 per day for each day an unregistered lobbyist engages in lobbying activity, in an amount not to exceed a total of$2,500. Based on the above, I regret to advise that I must issue a finding of violation and a fine of$1,750. The City Code does not grant me discretion in levying a fine if violations are found. I have noted that you have registered in 2011 and have properly reported contacts, therefore in 2011 you are in compliance. This letter pertains to lobbying activity in calendar year 2010. In accordance with Section 2-235 (b), you may appeal this finding within 30 days after the date of the notice of violation. Any appeal of the findings shall be referred to a special master for hearing. f i To allow for mailing of this notice, you must file your appeal with the City Clerk no later than 6 PM, EDT, June 29, 2011. Therefore, please review this finding and advise the City Clerk's Office by the date listed above as to whether you choose to appeal this decision. Very truly yours, Kurt Bressner City Manager Cc: Janet Prainito, City Clerk Lori LaVerriere, Assistant City Manager James Cherof, City Attorney Follow-up: June 30, 2011 Enclosure: City of Boynton Beach Code Article XVII: Registration of Lobbyist 2 AMERICA'S GATEWAY TO THE GULFSTREAM Page 1 of 5 Boynton Beach,FL Code of Ordinances PART II CODE OF ORDINANCES Chapter 2 ADMINISTRATION' Article XVII:Registration of Lobb1lst !Article XVII: Registration of Lobbyist 14 Sec.2-230. Title and purpose. (a) This article may be cited as the"City of Boynton Beach Lobbyist Registration Ordinance." (b) The City Commission 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 to the 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. (Ord. 07-008, § 2, 4-17-07) Pi Sec. 2-231. Definitions. Unless expressly provided herein to the contrary, for purposes of this article, the following definitions will apply: Advisory board will mean any advisory or quasi-judicial board created by the City Commission including Arts Commission, Code Enforcement Board,Building Board of Adjustment&Appeals; Planning&Development Board,Education and Youth Advisory Board, Cemetery Board,Library Board,Recreation and Parks Board, Senior Advisory Board,Golf Course Advisory Board,Community Relations Board and Veteran's Advisory Board. Board will mean the City Commission of the City of Boynton Beach,Florida. City Commissioner will mean any member of the City Commission of the City of Boynton Beach, Florida. Employee will mean the City Manager, City Attorney and Assistant City Manager. Lobbying 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. 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. Lobbyist shall not include any employee, as defined by this article, when acting in the course of his or her employment, any elected http://amlegal.corn/nxt/gateway.dlUFlorida/Boynton/partiicodeofordinances/chapter2admin... 5/24/2011 Page 2 of 5 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 lobbying on an occasional basis on behalf of the governmental agency by which the staff member is employed. Person shall mean individuals, firms, associations,joint 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 constituted. Principal shall mean the person or entity a lobbyist represents for the purpose of lobbying. (Ord. 07-008, § 2,4-17-07) Sec.2-232. Registration. (a) Registration required. All lobbyists shall register with City Administration before engaging in lobbying. Every lobbyist 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 lobbyist's registration shall automatically expire on December 31st of the year of registration. If any time during the year, a lobbyist commences representing a principal for which the lobbyist has not registered pursuant to this article, such lobbyist shall register with respect to that principal prior to lobbying. Lobbying prior to registration is prohibited. (b) Registration 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 quasi-judicial proceeding. (c) False statements. A lobbyist shall not knowingly make,or cause to be made, a false statement or misrepresentation in maintaining registration or when lobbying City Commissioners, advisory board members or employees. (Ord. 07-008, §2,4-17-07) ig Sec.2-233. Record of lobbying contacts. http://amlegal,com/nxt/gateway.dll/Florida/boynton/partiicodeofordinances/chapter2admin... 5/24/2011 Page 3 of 5 (a) Contact log. Within twenty-four(24) hours of having lobbied a City Commissioner, advisory board member or employee, except when disclosure of lobbying status is made when appearing before the Commission or any advisory board, all persons shall advise the City Clerk's office either in writing, via e-mail or by way of telephone call, of lobbyist activity. The City Clerk's office will maintain a contact log disclosing all lobbyist activity. When disclosing lobbying activity,the person shall provide his or her name,the name of each principal the lobbyist is representing, and the subject matter of the lobbyist activity. (b) Lobbying outside of city offices. In the event that a lobbyist engages in lobbying which is outside of city offices, and which is a scheduled appointment initiated by any person for the purpose of lobbying, the lobbyist shall advise the City Clerk's office, either in writing,via e-mail or by way of a telephone call within twenty-four(24)hours after the scheduled appointment and the subject matter of the lobbyist activity. (Ord. 07-008, § 2, 4-17-07) 51 Sec.2-234. Cone of Silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal,request for qualification,bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation, and (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, lobbyist,or any actual or potential subcontractor or consultant of the person. (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 qualification,bid, or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article 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 protest between the person filing the protest and any employee, or any written correspondence 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 city purchasing policies. http://amlegal.com/nxt/gateway.dll/Florida/boynton/partiicodeofordinances/chapter2 admin... 5/24/2011 Page 4 of 5 (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,rejects all bids or responses, or otherwise takes action which ends the solicitation process. (Ord. 07-008, §2,4-17-07) Sec. 2-235. Enforcement. (a) If the City Manager is informed of a person engaged in lobbying activities who has failed to comply with the requirements of this article,he or she shall conduct an investigation as deemed necessary under the circumstances. In the event the City Manager determines that a violation has occurred based on the results of the investigation,the following enforcement procedures shall apply. (b) A notice of violation shall be transmitted to the person indicating the nature of the violation and the penalty imposed. The lobbyist shall have up to 30 days after the date of the notice to seek appeal of the penalty. In the event the lobbyist fails to submit an appeal in writing to the City Manager within.30 days of the date of such notice, the violation shall be deemed final, and the penalty imposed shall be effective immediately. (c) Appeals of any decisions of the City Manager shall be referred to a special master for hearing. (1) Creation and appointment. Appeal hearings pursuant to this article shall be conducted by designated special masters. Applications for special master positions shall be directed to the City Manager pursuant to a notice published in a newspaper of general circulation. The City Manager shall select a pool of candidates from applications filed on the basis of experience and qualifications. The City Manager shall appoint each special master to conduct each hearing from the pool of candidates selected, as necessary. A special master shall be a graduate of a law school accredited by the American Bar Association, and a current member in good standing of The Florida Bar. The City Manager shall give preference to those attorneys who have prior experience in a judiciary capacity or as a hearing officer,mediator,or special master. Special masters shall serve without compensation for their services, and shall not be considered employees. Travel reimbursement is limited to expenses incurred only for travel outside Palm Beach County necessary to fulfill their responsibilities as a special master. (2) Conduct of hearing. Hearings before the special master shall be conducted as follows: a. Persons seeking appeal will receive written notice by certified mail of the hearing no less than 15 working days in advance of the hearing. The special master shall render a decision on the appeal within 15 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 http://amlegal.com/nxt/gateway.dll/Florida/boynton/partiicodeofordinances/chapter2admin... 5/24/2011 1 Page 5 of 5 the Florida Rules of Appellate Procedure. (d) The validity of any action taken by the Board, the advisory boards, or any employees, shall not be affected by the failure of any person to comply with the provisions of this article. (Ord.07-008, § 2,4-17-07) Sec.2-236. Penalties. Violations of this article shall be punishable as follows: (a) Failure to properly register as required by Section 2-232 shall be deemed a single violation, punishable by a fine of$250 per day for each day an unregistered lobbyist engages in lobbying activity, in an amount not to exceed a total of$2,500. (b) Failure to properly provide lobbying contact information as required by Section 2-233 shall be punishable by a fine of$250 for each violation. (c) Violations of the cone of silence set forth in Section 2-234 shall be punishable by a fine of $250 for each violation. (d) Any person who knowingly makes or causes to be made a false statement or misrepresentation in maintaining a lobbyist registration shall be subject to a fine of$250 for each violation. (e) Any person who violates the provisions of this article more than once during a 12-month period shall be prohibited from lobbying as follows: A second violation shall result in a prohibition of one year,a third violation shall result in a prohibition of two years. (t) The penalties provided in this section shall be exclusive penalties imposed for any violation of the registration, contact log and cone of silence requirements of this article. Failure or refusal of any lobbyist to comply with any order of the city or special master shall be punishable as provided by law, and shall otherwise by subject to such civil remedies as the city may pursue, including injunctive relief. (Ord. 07-008, § 2, 4-17-07) Secs.2-237--2-239. Reserved. Disslaimpr; This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality.American Legal Publishing Corporation provides these documents for Informational purposes only.These documents should not be relied upon as the definitive authority for local legislation.Additionally,the formatting and pagination of the pasted documents varies from the formatting and pagination of the official copy.The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site,please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. O 2011 American Legal Publishing Corporation techsupport@amiegal.com 1.800.445.5588. http://amlegal,com/nxt/gateway.dll/Florida/boynton/partiicodeofordinances/chapter2admin... 5/24/2011 The Cityof Boynton Beach (ill OFFICE OF THE CITY MANAGER 100 E Boynton Beach Boulevard P.O. Box 3W Boynton Beach,Florida 33425-0310 City Manager's Office:(561)742-6010 FAX: (561)742-6011 e-mall:bressnerlr@bbtlus www.boynton-beach.org May 24, 2011 Mr. Owen E. Duke Executive Managing Director Patrinely Group, LLC 1270 South Pine Island Road Plantation, Florida 33324 Re: Review of Lobbyist Registration—City of Boynton Beach Dear Mr. Duke: In response to a request of a member of the City Commission to review compliance with the requirements of the City of Boynton Beach Lobbyist Registration, I have completed my review. The Ordinance is codified in Sections 2-230 through 2-236 of the City's Code of Ordinances. Thank you for voluntarily providing information in response to my request. Based on my review, it appears that you engaged in lobbying activities in 2010 without being properly registered to do so. Unfortunately, you were not informed by City staff of this lobbying regulation before meeting with City officials. Specifically,as you have reported to me and as confirmed by City staff the dates of what I view to be lobbying activity took place on the following dates: Meetings June 15, 2010 August 9, 2010 August 17, 2010 August, 2010 (specific date unknown—meeting with City Commissioner) September 24, 2010 October 1, 2010 October 30, 2010 E-mail November 30, 2010 In 2011 there were additional contacts by e-mail that, in my view constituted lobbying without registration. March 9, 2011 March 14, 2011 Section 2-236 sets forth penalties for violations of the code as follows: (a) Failure to properly register as required by Section 2-232 shall be deemed a single violation punishable by a fine of $250 per day for each day an unregistered lobbyist engages in lobbying activity, in an amount not to exceed a total of$2,500. Based on the above, I regret to advise that I must issue a finding of violation and a fine of $2,250. The City Code does not grant me discretion in levying a fine if violations are found. I have noted that you have registered on April 13, 2011 retroactively for calendar year 2010. However, the dates listed above for 2010 still constitute a violation because Section 2-233 (a) of the Code requires you to report lobbying activity to the City Clerk. Based on my review of the City Clerks records, this was not done. I also noted that you registered as a lobbyist with the City of Boynton Beach for calendar year 2011 on March 23, 2011. In accordance with Section 2-235 (b), you may appeal this finding within 30 days after the date of the notice of violation. Any appeal of the findings shall be referred to a special master for hearing. To allow for mailing of this notice, you must file your appeal with the City Clerk no later than 6 PM, EDT, June 29, 2011. Therefore, please review this finding and advise the City Clerk's Office by the date listed above as to whether you choose to appeal this decision. Very truly yours, -t ` go. _ Kurt Bressner City Manager Cc: Janet Prainito, City Clerk Lori LaVerriere, Assistant City Manager James Cherof, City Attorney Follow-up: June 30, 2011 Enclosure: City of Boynton Beach Code Article XVII: Registration of Lobbyist 2 AMERICA'S GATEWAY TO THE G ULFSTREAM Page 1 of 5 Boynton Beach,FL Code of Ordinances PART U CODE OF ORDINANCES Chapter 2 ADMINISTRATION* Article XVII:Registration of Lobbyist Article XVII: Registration of Lobbyist rif Sec.2-230. Title and purpose. (a) This article may be cited as the"City of Boynton Beach Lobbyist Registration Ordinance." (b) The City Commission 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 to the 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. (Ord. 07-008, § 2, 4-17-07) 01 Sec.2-231. Definitions. Unless expressly provided herein to the contrary, for purposes of this article,the following definitions will apply: Advisory board will mean any advisory or quasi-judicial board created by the City Commission including Arts Commission, Code Enforcement Board,Building Board of Adjustment&Appeals; Planning&Development Board,Education and Youth Advisory Board, Cemetery Board,Library Board,Recreation and Parks Board, Senior Advisory Board, Golf Course Advisory Board, Community Relations Board and Veteran's Advisory Board. Board will mean the City Commission of the City of Boynton Beach,Florida. City Commissioner will mean any member of the City Commission of the City of Boynton Beach, Florida. Employee will mean the City Manager, City Attorney and Assistant City Manager. Lobbying 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. 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. Lobbyist shall not include any employee, as defined by this article, when acting in the course of his or her employment,any elected http://amlegal.com/nxt/gateway.dll/Florida/boynton/partiicodeofordinances/chapter2admin... 5/24/2011 I 1 Page 2 of 5 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 lobbying on an occasional basis on behalf of the governmental agency by which the staff member is employed. Person shall mean individuals, firms, associations,joint 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 constituted. Principal shall mean the person or entity a lobbyist represents for the purpose of lobbying. (Ord. 07-008, § 2,4-17-07) Sec.2-232. Registration. (a) Registration required. All lobbyists shall register with City Administration before engaging in lobbying. Every lobbyist 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 lobbyist's registration shall automatically expire on December 31st of the year of registration. If any time during the year, a lobbyist commences representing a principal for which the lobbyist has not registered pursuant to this article, such lobbyist shall register with respect to that principal prior to lobbying. Lobbying prior to registration is prohibited. (b) Registration 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 quasi-judicial proceeding. (c) False statements. A lobbyist shall not knowingly make,or cause to be made, a false statement or misrepresentation in maintaining registration or when lobbying City Commissioners,advisory board members or employees. (Ord. 07-008, § 2,4-17-07) KI Sec.2-233. Record of lobbying contacts. http://amlegal.com/nxt/gateway.dll/Florida/boynton/partiicodeofordinances/chapter2admin... 5/24/2011 Page 3 of 5 (a) Contact log. Within twenty-four(24)hours of having lobbied a City Commissioner, advisory board member or employee, except when disclosure of lobbying status is made when appearing before the Commission or any advisory board, all persons shall advise the City Clerk's office either in writing, via e-mail or by way of telephone call, of lobbyist activity. The City Clerk's office will maintain a contact log disclosing all lobbyist activity. When disclosing lobbying activity,the person shall provide his or her name, the name of each principal the lobbyist is representing, and the subject matter of the lobbyist activity. (b) Lobbying outside of city offices. In the event that a lobbyist engages in lobbying which is outside of city offices, and which is a scheduled appointment initiated by any person for the purpose of lobbying, the lobbyist shall advise the City Clerk's office,either in writing,via e-mail or by way of a telephone call within twenty-four(24)hours after the scheduled appointment and the subject matter of the lobbyist activity. (Ord. 07-008, § 2, 4-17-07) Sec.2-234. Cone of Silence. (a) Cone ofsilence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification,bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation, and (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, lobbyist, or any actual or potential subcontractor or consultant of the person. (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 qualification,bid, or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article 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 protest between the person filing the protest and any employee, or any written correspondence 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 city purchasing policies. http://amlegal.cominxt/gateway.d11/Florida/boynton/partiicodeofordinances/chapter2admin... 5/24/2011 Page 4 of 5 (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,rejects all bids or responses, or otherwise takes action which ends the solicitation process. (Ord. 07-008, § 2, 4-17-07) Sec.2-235. Enforcement. (a) If the City Manager is informed of a person engaged in lobbying activities who has failed to comply with the requirements of this article,he or she shall conduct an investigation as deemed necessary under the circumstances. In the event the City Manager determines that a violation has occurred based on the results of the investigation, the following enforcement procedures shall apply. (b) A notice of violation shall be transmitted to the person indicating the nature of the violation and the penalty imposed. The lobbyist shall have up to 30 days after the date of the notice to seek appeal of the penalty. In the event the lobbyist fails to submit an appeal in writing to the City Manager within.30 days of the date of such notice,the violation shall be deemed final, and the penalty imposed shall be effective immediately. (c) Appeals of any decisions of the City Manager shall be referred to a special master for hearing. (1) Creation and appointment. Appeal hearings pursuant to this article shall be conducted by designated special masters. Applications for special master positions shall be directed to the City Manager pursuant to a notice published in a newspaper of general circulation. The City Manager shall select a pool of candidates from applications filed on the basis of experience and qualifications. The City Manager shall appoint each special master to conduct each hearing from the pool of candidates selected, as necessary. A special master shall be a graduate of a law school accredited by the American Bar Association, and a current member in good standing of The Florida Bar. The City Manager shall give preference to those attorneys who have prior experience in a judiciary capacity or as a hearing officer,mediator,or special master. Special masters shall serve without compensation for their services, and shall not be considered employees. Travel reimbursement is limited to expenses incurred only for travel outside Palm Beach County necessary to fulfill their responsibilities as a special master. (2) Conduct of hearing. Hearings before the special master shall be conducted as follows: a. Persons seeking appeal will receive written notice by certified mail of the hearing no less than 15 working days in advance of the hearing. The special master shall render a decision on the appeal within 15 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 http://am.legal.com/nxt/gateway.dll/Florida/boynton/partiicodeofordinances/chapter2admin... 5/24/201 I - Page 5 of 5 the Florida Rules of Appellate Procedure. (d) The validity of any action taken by the Board, the advisory boards, or any employees, shall not be affected by the failure of any person to comply with the provisions of this article. • (Ord. 07-008, § 2,4-17-07) Sec.2-236. Penalties. Violations of this article shall be punishable as follows: (a) Failure to properly register as required by Section 2-232 shall be deemed a single violation, punishable by a fine of$250 per day for each day an unregistered lobbyist engages in lobbying activity, in an amount not to exceed a total of$2,500. (b) Failure to properly provide lobbying contact information as required by Section 2-233 shall be punishable by a fine of$250 for each violation. (c) Violations of the cone of silence set forth in Section 2-234 shall be punishable by a fine of $250 for each violation. (d) Any person who knowingly makes or causes to be made a false statement or misrepresentation in maintaining a lobbyist registration shall be subject to a fine of$250 for each violation. (e) Any person who violates the provisions of this article more than once during a 12-month period shall be prohibited from lobbying as follows:A second violation shall result in a prohibition of one year,a third violation shall result in a prohibition of two years. (f) The penalties provided in this section shall be exclusive penalties imposed for any violation of the registration, contact log and cone of silence requirements of this article. Failure or refusal of any lobbyist to comply with any order of the city or special master shall be punishable as provided by law, and shall otherwise by subject to such civil remedies as the city may pursue,including injunctive relief. (Ord. 07-008, § 2,4-17-07) Sees. 2-237-2-239. Reserved. P..iscla!mec: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality,American Legal Publishing Corporation provides these documents for Informational purposes only.These documents should not be relied upon as the definitive authority for local legislation.Additionally,the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy.The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site,please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. 02011 American Legal Publishing Corporation techsupoort©amtegat.com 1.800.445.5588. http://amlegal.com/nxt/gateway.dll/Florida/Boynton/partiicodeofordinances/chapter2 admin... 5/24/2011 The City of Boynton Beach OFFI('I'OF THE CITY MANAGER 1(X)E. /101 x'I'O,Y!lh'I(ii BO(thEl.1111) I'.O. 130,:110 I10YNTO.V 11E11(11, F1401110,i 33425-0310 CIT 3'MA.1AGER'S OFFICE:(.5J1)74!-1N110 FAX:X: M1)742-6011 111?ESYXF.'R1ie11I1Fl..US 11'11'11://0 'ATOA"././E/1 Cll.OW; May 24, 2011 Mr. Daniel A. Muggeo Daniels and Roberts, Inc. 209 N. Seacrest Blvd. Boynton Beach, FL 33435 Re: Review of Lobbyist Registration—City of Boynton Beach Dear Mr. Duke: In response to a request of a member of the City Commission to review compliance with the requirements of the City of Boynton Beach Lobbyist Registration, I have completed my review. The Ordinance is codified in Sections 2-230 through 2-236 of the City's Code of Ordinances. Mr. Weiner filed a letter of response dated April 7, 2011 on your behalf. Based on a review of Mr. Weiner's letter I find that there was no violation of the City's Lobbyist Registration Code because you were not advocating a specific project or program. In addition, your presentation was at a public meeting. Therefore, I find you to be in compliance with the City Code. Very truly yours, Kurt Bressner City Manager Cc: Janet Prainito, City Clerk Lori LaVerriere, Assistant City Manager James Cherof, City Attorney Enclosure; City of Boynton Beach Code Article XVII: Registration of Lobbyist .4 MEJ?IC'A'S OATPJWVAY'I'O TIIF, Gr.TLI,S'I'REAAI Page 1 of 5 Boynton Beach,FL Code of Ordinances PART II CODE OF ORDINANCES Chapter 2 ADMINISTRATION* Article XVII:Registration of Lobbyist RArticle XVII: Registration of Lobbyist Sec. 2-230. Title and purpose. (a) This article may be cited as the"City of Boynton Beach Lobbyist Registration Ordinance." (b) The City Commission 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 to the 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. (Ord. 07-008, § 2,4-17-07) L Sec.2-231. Definitions. Unless expressly provided herein to the contrary, for purposes of this article, the following definitions will apply: Advisory board will mean any advisory or quasi-judicial board created by the City Commission including Arts Commission, Code Enforcement Board,Building Board of Adjustment&Appeals; Planning&Development Board,Education and Youth Advisory Board,Cemetery Board, Library Board,Recreation and Parks Board, Senior Advisory Board,Golf Course Advisory Board,Community Relations Board and Veteran's Advisory Board. Board will mean the City Commission of the City of Boynton Beach, Florida. City Commissioner will mean any member of the City Commission of the City of Boynton Beach, Florida. Employee will mean the City Manager, City Attorney and Assistant City Manager. Lobbying 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. 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. Lobbyist shall not include any employee, as defined by this article, when acting in the course of his or her employment, any elected http://amlegal.com/nxt/gateway.dll/Florida/boynton/partiicodeofordinances/ch apter2admin... 5/24/2011 Page 2 of 5 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 lobbying on an occasional basis on behalf of the governmental agency by which the staff member is employed. Person shall mean individuals, firms, associations,joint 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 constituted. Principal shall mean the person or entity a lobbyist represents for the purpose of lobbying. (Ord. 07-008, § 2,4-17-07) Sec.2-232. Registration. (a) Registration required. All lobbyists shall register with City Administration before engaging in lobbying. Every lobbyist 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 lobbyist's registration shall automatically expire on December 31st of the year of registration. If any time during the year, a lobbyist commences representing a principal for which the lobbyist has not registered pursuant to this article, such lobbyist shall register with respect to that principal prior to lobbying. Lobbying prior to registration is prohibited. (b) Registration 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 quasi-judicial proceeding. (c) False statements. A lobbyist shall not knowingly make,or cause to be made, a false statement or misrepresentation in maintaining registration or when lobbying City Commissioners, advisory board members or employees. (Ord. 07-008, § 2,4-17-07) 0 Sec.2-233. Record of lobbying contacts. http://amlegal.com/nxtJgateway.d11/Florida/boynton/partiicodeofordinances/chapter2admin... 5/24/2011 Page 3 of 5 (a) Contact log. Within twenty-four(24)hours of having lobbied a City Commissioner, advisory board member or employee, except when disclosure of lobbying status is made when appearing before the Commission or any advisory board, all persons shall advise the City Clerk's office either in writing, via e-mail or by way of telephone call, of lobbyist activity. The City Clerk's office will maintain a contact log disclosing all lobbyist activity. When disclosing lobbying activity,the person shall provide his or her name,the name of each principal the lobbyist is representing, and the subject matter of the lobbyist activity. (b) Lobbying outside of city offices. In the event that a lobbyist engages in lobbying which is outside of city offices, and which is a scheduled appointment initiated by any person for the purpose of lobbying, the lobbyist shall advise the City Clerk's office, either in writing, via e-mail or by way of a telephone call within twenty-four(24)hours after the scheduled appointment and the subject matter of the lobbyist activity. (Ord. 07-008, § 2, 4-17-07) IN Sec.2-234. Cone of Silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal,request for qualification,bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation, and (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, lobbyist,or any actual or potential subcontractor or consultant of the person. (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 qualification,bid, or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article 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 protest between the person filing the protest and any employee, or any written correspondence 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 city purchasing policies. http://amlegal.com/nxt/gateway.dll/Florida/boynton/partiicodeofordinances/chapter2admin... 5/24/2011 Page 4 of 5 (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,rejects all bids or responses, or otherwise takes action which ends the solicitation process. (Ord. 07-008, §2,4-17-07) Pi Sec.2-235. Enforcement. (a) If the City Manager is informed of a person engaged in lobbying activities who has failed to comply with the requirements of this article,he or she shall conduct an investigation as deemed necessary under the circumstances. In the event the City Manager determines that a violation has occurred based on the results of the investigation,the following enforcement procedures shall apply. (b) A notice of violation shall be transmitted to the person indicating the nature of the violation and the penalty imposed. The lobbyist shall have up to 30 days after the date of the notice to seek appeal of the penalty. In the event the lobbyist fails to submit an appeal in writing to the City Manager within.30 days of the date of such notice, the violation shall be deemed final, and the penalty imposed shall be effective immediately. (c) Appeals of any decisions of the City Manager shall be referred to a special master for hearing. (1) Creation and appointment, Appeal hearings pursuant to this article shall be conducted by designated special masters. Applications for special master positions shall be directed to the City Manager pursuant to a notice published in a newspaper of general circulation. The City Manager shall select a pool of candidates from applications filed on the basis of experience and qualifications. The City Manager shall appoint each special master to conduct each hearing from the pool of candidates selected,as necessary. A special master shall be a graduate of a law school accredited by the American Bar Association, and a current member in good standing of The Florida Bar. The City Manager shall give preference to those attorneys who have prior experience in a judiciary capacity or as a hearing officer,mediator,or special master. Special masters shall serve without compensation for their services, and shall not be considered employees. Travel reimbursement is limited to expenses incurred only for travel outside Palm Beach County necessary to fulfill their responsibilities as a special master. (2) Conduct of hearing. Hearings before the special master shall be conducted as follows: a. Persons seeking appeal will receive written notice by certified mail of the hearing no less than 15 working days in advance of the hearing. The special master shall render a decision on the appeal within 15 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 maybe received in written form. c. The decision of the special master is final and appealable by writ of certiorari pursuant to http://amlegal.com/nxt/gateway.dll/Florida/boynton/partiicodeofordinances/chapter2admin... 5/24/2011 l Page 5 of 5 the Florida Rules of Appellate Procedure. (d) The validity of any action taken by the Board, the advisory boards, or any employees, shall not be affected by the failure of any person to comply with the provisions of this article. (Ord. 07-008, § 2,4-17-07) Q Sec.2-236. Penalties. Violations of this article shall be punishable as follows: (a) Failure to properly register as required by Section 2-232 shall be deemed a single violation, punishable by a fine of$250 per day for each day an unregistered lobbyist engages in lobbying activity, in an amount not to exceed a total of$2,500. (b) Failure to properly provide lobbying contact information as required by Section 2-233 shall be punishable by a fine of$250 for each violation. (c) Violations of the cone of silence set forth in Section 2-234 shall be punishable by a fine of $250 for each violation. (d) Any person who knowingly makes or causes to be made a false statement or misrepresentation in maintaining a lobbyist registration shall be subject to a fine of$250 for each violation. (e) Any person who violates the provisions of this article more than once during a 12-month period shall be prohibited from lobbying as follows:A second violation shall result in a prohibition of one year, a third violation shall result in a prohibition of two years. • (f) The penalties provided in this section shall be exclusive penalties imposed for any violation of the registration, contact log and cone of silence requirements of this article. Failure or refusal of any lobbyist to comply with any order of the city or special master shall be punishable as provided by law, and shall otherwise by subject to such civil remedies as the city may pursue, including injunctive relief. (Ord. 07-008, § 2,4-17-07) Sees. 2-237--2-239. Reserved. Dioclairner. This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality.American Legal Publishing Corporation provides these documents for Informational purposes only.These documents should not be relied upon as the definitive authority for local legislation.Additionally,the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy.The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site,please contact the Municipality directly or contact American Legal Publishing toll-free.at 800-445-5588. CO 2011 American Legal Publishing Corporation techsupp rt amleaal.cotn 1.800,445.5588. http://amlegal.com/nxt/gateway.dll/Florida/boynton/partiicodeofordinances/chapter2admin... 5/24/2011 The City of Boynton Beach OH-ICE OF THE CITY MANAGER 100 E. Boynton Beach Boulevard (.. -- P.O. Box 310 Boynton Beach,Flon'da 33425-0310 City Manager's Office:(561)792-6010 FAX: (561)741-6011 e-mail:bressnerkgbbflus www.boynton-beach.onj May 24, 2011 Ms. Charlotte Pelton President Charlotte Pelton &Associates P.O. Box 32906 Palm Beach Gardens, FL 33420 Re: Review of Lobbyist Registration—City of Boynton Beach Dear Ms. Pelton: In response to a request of a member of the City Commission to review compliance with the requirements of the City of Boynton Beach Lobbyist Registration, I have completed my review. The Ordinance is codified in Sections 2-230 through 2-236 of the City's Code of Ordinances. Thank you for voluntarily providing information in response to my request. Based on my review, it appears that you engaged in lobbying activities in 2010 without being properly registered to do so. Unfortunately,you were not informed by City staff of this lobbying regulation before meeting with City officials. Specifically,as you have reported to me and as confirmed by City staff the dates of what I view to be lobbying activity took place on the following dates: June 7, 2010 June 8, 2010 July 19, 2010 September 30, 2010 Section 2-236 sets forth penalties for violations of the code as follows: (a) Failure to properly register as required by Section 2-232 shall be deemed a single violation punishable by a fine of $250 per day for each day an unregistered lobbyist engages in lobbying activity, in an amount not to exceed a total of$2,500. Based on the above, I regret to advise that I must issue a finding of violation and a fine of$1,000. The City Code does not grant me discretion in levying a fine if violations are found. I have noted that you have registered in 2011 and have properly reported contacts, therefore in 2011 you are in compliance. This letter pertains to lobbying activity in calendar year 2010. In accordance with Section 2-235 (b), you may appeal this finding within 30 days after the date of the notice of violation. Any appeal of the findings shall be referred to a special master for hearing. To allow for mailing of this notice,you must file your appeal with the City Clerk no later than 6 PM, EDT, June 29, 2011. ` . Therefore, please review this finding and advise the City Clerk's Qffinebythe date listed above aato whether you choose to appeal this decision. Very truly yours, Kurt Bressner City Manager Co: Janet Prainito, City Clerk Lori LaVerriere, Assistant City Manager James Cherof, City Attorney Follow-up: June 30, 2011 Enclosure: City of Boynton Beach Code Article XVII: Registration of Lobbyist • Page 1 of 5 Boynton Beach,FL Code of Ordinances PART II CODE OF ORDINANCES Chapter 2 ADMINISTRATION* Article XVII:Registration of Lobbyist ki Article XVII: Registration of Lobbyist 14 See.2-230. Title and purpose. (a) This article may be cited as the "City of Boynton Beach Lobbyist Registration Ordinance." (b) The City Commission 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 to the 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. (Ord. 07-008, § 2,4-17-07) Sec. 2-231. Definitions. Unless expressly provided herein to the contrary, for purposes of this article,the following definitions will apply: Advisory board will mean any advisory or quasi-judicial board created by the City Commission including Arts Commission, Code Enforcement Board,Building Board of Adjustment&Appeals; Planning&Development Board,Education.and Youth Advisory Board, Cemetery Board,Library Board,Recreation and Parks Board, Senior Advisory Board, Golf Course Advisory Board,Community Relations Board and Veteran's Advisory Board. Board will mean the City Commission of the City of Boynton Beach,Florida. City Commissioner will mean any member of the City Commission of the City of Boynton Beach, Florida. Employee will mean the City Manager, City Attorney and Assistant City Manager. Lobbying 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. 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. Lobbyist shall not include any employee, as defined by this article, when acting in the course of his or her employment,any elected http://amlegal.com/nxt/gateway.d11/Florida/boynton/partiicodeofordinances/chapter2admin... 5/24/2011 Page 2 of 5 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 lobbying on an occasional basis on behalf of the governmental agency by which the staff member is employed. Person shall mean individuals, firms, associations,joint 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 constituted. Principal shall mean the person or entity a lobbyist represents for the purpose of lobbying. (Ord. 07-008, § 2,4-17-07) tR' Sec.2-232. Registration. (a) Registration required. All lobbyists shall register with City Administration before engaging in lobbying. Every lobbyist 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 lobbyist's registration shall automatically expire on December 31st of the year of registration. If any time during the year, a lobbyist commences representing a principal for which the lobbyist has not registered pursuant to this article, such lobbyist shall register with respect to that principal prior to lobbying. Lobbying prior to registration is prohibited. (b) Registration 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; elfrepresentation; (4) Any person who is a party before the Commission or advisory board in a quasi-judicial proceeding. (c) False statements. A lobbyist shall not knowingly make,or cause to be made, a false statement or misrepresentation in maintaining registration or when lobbying City Commissioners,advisory board members or employees. (Ord. 07-008, §2, 4-17-07) Sec.2-233. Record of lobbying contacts. http://amlegal.com/nxt/gateway.dll/Florida/Boynton/partiicodeofordinances/chapter2admin... 5/24/2011 Page 3 of 5 (a) Contact log. Within twenty-four(24)hours of having lobbied a City Commissioner, advisory board member or employee, except when disclosure of lobbying status is made when appearing before the Commission or any advisory board, all persons shall advise the City Clerk's office either in writing, via e-mail or by way of telephone call,of lobbyist activity. The City Clerk's office will maintain a contact log disclosing all lobbyist activity. When disclosing lobbying activity,the person shall provide his or her name,the name of each principal the lobbyist is representing, and the subject matter of the lobbyist activity. (b) Lobbying outside of city offices. In the event that a lobbyist engages in lobbying which is outside of city offices, and which is a scheduled appointment initiated by any person for the purpose of lobbying, the lobbyist shall advise the City Clerk's office,either in writing,via e-mail or by way of a telephone call within twenty-four(24)hours after the scheduled appointment and the subject matter of the lobbyist activity. (Ord. 07-008, § 2, 4-17-07) Sec.2-234. Cone of Silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification,bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation, and (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, lobbyist,or any actual or potential subcontractor or consultant of the person. (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 qualification,bid, or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article 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 protest between the person filing the protest and any employee, or any written correspondence 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 city purchasing policies. http://amlegal.com/nxt/gateway.d11/Florida/boynton/partiicodeofordinances/chapter2ulmin... 5/24/2011 Page 4 of 5 (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,rejects all bids or responses, or otherwise takes action which ends the solicitation process. (Ord. 07-008, § 2, 4-17-07) Sec.2-235. Enforcement. (a) If the City Manager is informed of a person engaged in lobbying activities who has failed to comply with the requirements of this article,he or she shall conduct an investigation as deemed necessary under the circumstances. In the event the City Manager determines that a violation has occurred based on the results of the investigation,the following enforcement procedures shall apply. (b) A notice of violation shall be transmitted to the person indicating the nature of the violation and the penalty imposed. The lobbyist shall have up to 30 days after the date of the notice to seek appeal of the penalty. In the event the lobbyist fails to submit an appeal in writing to the City Manager within.30 days of the date of such notice, the violation shall be deemed final, and the penalty imposed shall be effective immediately. (c) Appeals of any decisions of the City Manager shall be referred to a special master for hearing. (1) Creation and appointment. Appeal hearings pursuant to this article shall be conducted by designated special masters. Applications for special master positions shall be directed to the City Manager pursuant to a notice published in a newspaper of general circulation. The City Manager shall select a pool of candidates from applications filed on the basis of experience and qualifications. The City Manager shall appoint each special master to conduct each hearing from the pool of candidates selected, as necessary. A special master shall be a graduate of a law school accredited by the American Bar Association,and a current member in good standing of The Florida Bar. The City Manager shall give preference to those attorneys who have prior experience in a judiciary capacity or as a hearing officer,mediator,or special master. Special masters shall serve without compensation for their services, and shall not be considered employees. Travel reimbursement is limited to expenses incurred only for travel outside Palm Beach County necessary to fulfill their responsibilities as a special master. (2) Conduct of hearing. Hearings before the special master shall be conducted as follows: a. Persons seeking appeal will receive written notice by certified mail of the hearing no less than 15 working days in advance of the hearing. The special master shall render a decision on the appeal within 15 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 http://amlegal.com/nxt/gateway.dll/Florida/boynton/partiicodeofordinanees/chapter2admin... 5/24/2011 Page 5of5 the Florida Rules of Appellate Procedure. (d) The validity of any action taken by the Board, the advisory boards, or any employees, shall not be affected by the failure of any person to comply with the provisions of this article. (Ord. 07-008, §2,417-07) 14 Sec.2-236. Penalties. Violations of this article shall be punishable as follows: (a) Failure to properly register as required by Section 2-232 shall be deemed a single violation, punishable by a fine of$250 per day for each day an unregistered lobbyist engages in lobbying activity, in an amount not to exceed a total of$2,500. (b) Failure to properly provide lobbying contact information as required by Section 2-233 shall be punishable by a fine of$250 for each violation. (c) Violations of the cone of silence set forth in Section 2-234 shall be punishable by a fine of $250 for each violation. (d) Any person who knowingly makes or causes to be made a false statement or misrepresentation in maintaining a lobbyist registration shall be subject to a fine of$250 for each violation. (e) Any person who violates the provisions of this article more than once during a 12-month period shall be prohibited from lobbying as follows:A second violation shall result in a prohibition of one year,a third violation shall result in a prohibition of two years. (f) The penalties provided in this section shall be exclusive penalties imposed for any violation of the registration, contact log and cone of silence requirements of this article. Failure or refusal of any lobbyist to comply with any order of the city or special master shall be punishable as provided by law, and shall otherwise by subject to such civil remedies as the city may pursue, including injunctive relief. (Ord. 07-008, § 2,4-17-07) Secs. 2-237-2-239. Reserved, Disclaimer.; This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality.American Legal Publishing Corporation provides these documents for informational purposes only.These documents should not be relied upon as the definitive authority for local legislation.Additionally,the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy.The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further Information regarding the official version of any of this Code of Ordinances or other documents posted on this site,please contact the Municipality directly or contact American Legal Publishing toll-free et 800-445-5588. O 2011 American Legal Publishing Corporation techsupoortla mlegal.com 1.800.445.5588, http://amlegal.com/nxt/gateway.dll/Florida/Boynton/partiicodeofordinances/chapter2admin... 5/24/2011 ,- The City of Boynton Beach OFF'ICF OF TIlF CITY NANA OMR 1n NN)1S.110YN'1'ON l31�"A('111101'LE VA 1O1 P.O./1OX:ILO 110);VCO.\'11F24 Cl!, l"hOI?IIM 33425.0310CITY MA Ail OI?ll'S OPTIVE;(5(111 7.12-0)10 FAX: (501)742-0011 F.-MAIL:1111)?:tib'.\'1CK 140111.14...18 1,'1111..110)TO.\'-IIKA('II.OUG May 24, 2011 Mr. Michael S. Weiner 10 SE 1St Avenue—Suite C Delray Beach, FL 33344 Re: Review of Lobbyist Registration—City of Boynton Beach Dear Weiner: In response to a request of a member of the City Commission to review compliance with the requirements of the City of Boynton Beach Lobbyist Registration, I have completed my review. The Ordinance is codified in Sections 2-230 through 2-236 of the City's Code of Ordinances. Thank you for voluntarily providing information in response to my request. Based on my review, it appears that you made a diligent effort to complete your 2011 Lobbyist Registration with the City Clerk. The registration has been properly filed and issued by the City Clerk. In addition, the presentation at a public meeting on February of your project did not, in my view constitute lobbying. You have further clarified the situation in your letters of March 28, 2011 and April 7, 2011. Therefore, I find you to be in compliance with the City Code. Very t my yours, ke/NC42---1 Kurt Bressner City Manager Cc: Janet Prainito, City Clerk Lori LaVerriere, Assistant City Manager James Cherof, City Attorney Enclosure: City of Boynton Beach Code Article XVII: Registration of Lobbyist AMERICA'S(IATFJWAYTOTHE G(TJ,I%STI? AM • Page 1 of 5 Boynton Beach,FL Code of Ordinances PART Il CODE OF ORDINANCES Chapter 2 ADMINISTRATION* Article XVII:Registration of Lobbyist 0Article XVII: Registration of Lobbyist 0 Sec.2-230. Title and purpose. (a) This article may be cited as the "City of Boynton Beach Lobbyist Registration Ordinance." (b) The City Commission 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 to the 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. (Ord. 07-008, § 2, 4-17-07) 0 Sec.2-231. Definitions. Unless expressly provided herein to the contrary, for purposes of this article, the following definitions will apply: Advisory board will mean any advisory or quasi-judicial board created by the City Commission including Arts Commission, Code Enforcement Board,Building Board of Adjustment&Appeals; Planning&Development Board,Education,and Youth Advisory Board, Cemetery Board, Library Board,Recreation and Parks Board, Senior Advisory Board,Golf Course Advisory Board,Community Relations Board and Veteran's Advisory Board. Board will mean the City Commission of the City of Boynton Beach, Florida. City Commissioner will mean any member of the City Commission of the City of Boynton Beach, Florida. Employee will mean the City Manager, City Attorney and Assistant City Manager. Lobbying 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. 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. Lobbyist shall not include any employee, as defined by this article,when acting in the course of his or her employment,any elected http://amlegal.com/nxt/gateway.dl1/Florida/Boynton/partiicodeofordinances/chapter2admin... 5/24/2011 Page 2 of 5 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 lobbying on an occasional basis on behalf of the governmental agency by which the staff member is employed. Person shall mean individuals, firms, associations,joint 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 constituted. Principal shall mean the person or entity a lobbyist represents for the purpose of lobbying. (Ord. 07-008, § 2,4-17-07) El Sec.2-232. Registration. (a) Registration required. All lobbyists shall register with City Administration before engaging in lobbying. Every lobbyist 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 lobbyist's registration shall automatically expire on December 31st of the year of registration. If any time during the year, a lobbyist commences representing a principal for which the lobbyist has not registered pursuant to this article, such lobbyist shall register with respect to that principal prior to lobbying. Lobbying prior to registration is prohibited. (b) Registration 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; elfrepresentation; (4) Any person who is a party before the Commission or advisory board in a quasi-judicial proceeding. (c) False statements. A lobbyist shall not knowingly make,or cause to be made, a false statement or misrepresentation in maintaining registration or when lobbying City Commissioners, advisory board members or employees. (Ord. 07-008, § 2,4-17-07) Sec.2-233. Record of lobbying contacts. http://amlegal.com/nxt/gateway.dll/Florida/Boynton/partiicodeofordinances/chapter2admin... 5/24/2011 Page 3 of 5 (a) Contact log. Within twenty-four(24)hours of having lobbied a City Commissioner, advisory board member or employee, except when disclosure of lobbying status is made when appearing before the Commission or any advisory board, all persons shall advise the City Clerk's office either in writing, via e-mail or by way of telephone call, of lobbyist activity. The City Clerk's office will maintain a contact log disclosing all lobbyist activity. When disclosing lobbying activity,the person shall provide his or her name,the name of each principal the lobbyist is representing, and the subject matter of the lobbyist activity. (b) Lobbying outside of city offices. In the event that a lobbyist engages in lobbying which is outside of city offices, and which is a scheduled appointment initiated by any person for the purpose of lobbying, the lobbyist shall advise the City Clerk's office, either in writing,via e-mail or by way of a telephone call within twenty-four(24)hours after the scheduled appointment and the subject matter of the lobbyist activity. (Ord. 07-008, § 2, 4-17-07) Sec.2-234. Cone of Silence. (a) Cone of silence means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal,request for qualification,bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation, and (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, lobbyist, or any actual or potential subcontractor or consultant of the person. (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 qualification,bid,or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article 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 protest between the person filing the protest and any employee,or any written correspondence 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 city purchasing policies. http://amlegal.cominxt/gateway.d11/Florida/boynton/partiicodeofordinances/chapter2admin... 5/24/2011 Page 4 of 5 (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,rejects all bids or responses, or otherwise takes action which ends the solicitation process. (Ord. 07-008, § 2, 4-17-07) Sec.2-235. Enforcement. (a) If the City Manager is informed of a person engaged in lobbying activities who has failed to comply with the requirements of this article,he or she shall conduct an investigation as deemed necessary under the circumstances. In the event the City Manager determines that a violation has occurred based on the results of the investigation,the following enforcement procedures shall apply. (b) A notice of violation shall be transmitted to the person indicating the nature of the violation and the penalty imposed. The lobbyist shall have up to 30 days after the date of the notice to seek appeal of the penalty. In the event the lobbyist fails to submit an appeal in writing to the City Manager within.30 days of the date of such notice, the violation shall be deemed final, and the penalty imposed shall be effective immediately. (c) Appeals of any decisions of the City Manager shall be referred to a special master for hearing. (1) Creation and appointment. Appeal hearings pursuant to this article shall be conducted by designated special masters. Applications for special master positions shall be directed to the City Manager pursuant to a notice published in a newspaper of general circulation. The City Manager shall select a pool of candidates from applications filed on the basis of experience and qualifications. The City Manager shall appoint each special master to conduct each hearing from the pool of candidates selected, as necessary. A special master shall be a graduate of a law school accredited by the American Bar Association,and a current member in good standing of The Florida Bar. The City Manager shall give preference to those attorneys who have prior experience in a judiciary capacity or as a hearing officer,mediator,or special master. Special masters shall serve without compensation for their services, and shall not be considered employees. Travel reimbursement is limited to expenses incurred only for travel outside Palm Beach County necessary to fulfill their responsibilities as a special master. (2) Conduct of hearing. Hearings before the special master shall be conducted as follows: a. Persons seeking appeal will receive written notice by certified mail of the hearing no less than 15 working days in advance of the hearing. The special master shall render a decision on the appeal within 15 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 maybe received in written form. c. The decision of the special master is final and appealable by writ of certiorari pursuant to http://amlegal.com/nxt/gateway.dll/Florida/Boynton/partiicodeofordinances/chapter2admin... 5/24/2011 • , Page 5 of 5 the Florida Rules of Appellate Procedure. (d) The validity of any action taken by the Board, the advisory boards, or any employees, shall not be affected by the failure of any person to comply with the provisions of this article. (Ord.07-008, § 2,4-17-07) Sec.2-236. Penalties. Violations of this article shall be punishable as follows: (a) Failure to properly register as required by Section 2-232 shall be deemed a single violation, punishable by a fine of$250 per day for each day an unregistered lobbyist engages in lobbying activity, in an amount not to exceed a total of$2,500. (b) Failure to properly provide lobbying contact information as required by Section 2-233 shall be punishable by a fine of$250 for each violation. (c) Violations of the cone of silence set forth in Section 2-234 shall be punishable by a fine of $250 for each violation. (d) Any person who knowingly makes or causes to be made a false statement or misrepresentation in maintaining a lobbyist registration shall be subject to a fine of$250 for each violation. (e) Any person who violates the provisions of this article more than once during a 12-month period shall be prohibited from lobbying as follows:A second violation shall result in a prohibition of one year,a third violation shall result in a prohibition of two years. (f) The penalties provided in this section shall be exclusive penalties imposed for any violation of the registration, contact log and cone of silence requirements of this article. Failure or refusal of any lobbyist to comply with any order of the city or special master shall be punishable as provided by law, and shall otherwise by subject to such civil remedies as the city may pursue,including injunctive relief. (Ord. 07-008, § 2, 4-17-07) Sees.2-237-2-239. Reserved. Pis.cleintu This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality.American Legal Publishing Corporation provides these documents for informational purposes only.These documents should not be relied upon as the definitive authority for local legislation.Additionally,the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy,The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site,please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. 2011 American Legal Publishing Corporation techsupport@amlegal.com 1.800,445,5588. http://amlegal.com/nxt/gateway.d11/Florida/boynton/pardicodeofordinances/chapter2admin... 5/24/2011