6002-96•:JL.
ORDINANCE NO 6002 -96
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, REQUIRING LOBBYISTS TO REGISTER;
PROVIDING FOR ANNUAL REPORTING OF
EXPENDITURES; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission finds that the operation of responsible
government requires that the fullest opportunity be afforded to people to petition
their government for the redress of grievances and to freely express to their
public officials their opinions on actions and issues before the City; and
WHEREAS, the City Commission finds that to preserve and maintain the
integrity of the decision-making process, it is necessary that the identity,
activities and expenditures of certain persons who engage in efforts to influence
commission members, board members and certain city staff on matters within
their official cognizance, be publicly and regularly disclosed; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
She tion 1. The Code of Ordinances of the City of Clearwater, is hereby
amended by adding an article to Chapter 2, to be numbered Article VIII, which
article reads as follows:
ARTICLE VIII. REGISTRATION OF LOBBYISTS
Sec. 2.700. Definitions.
Boards mean all boards, both advisory and regulatory, established by
ordinance of the City of Clearwater.
Commissioners mean the Mayor and members of the City Commission.
Compensation means any payment received or to be received by a
lobbyist for the performance of lobbying activities whether the compensation is
as a fee, salary; retainer, forbearance, forgiveness or other form of valuable
recompense or any combination thereof.
Expenditure means an advance, conveyance, deposit, distribution,
transfer of funds, loan, payment, pledge or subscription of anything of value, and
any contract, promise or other obligation whether or not legally enforceable, to
make an expenditure.
Ordinance No. 6002 -96
Government employee means all agents of the government, whether
elected or appointed, paid or unpaid, hired or under contract as a consultant or
as an attorney who are acting on behalf of the United States, the State of
Florida, its agencies, political subdivisions, special districts and municipalities.
Lobbying means communicating, orally or in writing, with a member of the
Commission, a board or staff, for the purpose of attempting to influence action or
inaction of any commissioner, any board member or staff member; or, for the
purpose of encouraging the passage, defeat or modification of any proposal or
recommendation.
Lobbyist means any person who receives compensation to act on behalf
of an individual, firm, association, business or organization to lobby. A lobbyist
specifically includes the principal as well as any agent, attorney, officer or
employee of the principal regardless of whether such lobbying activity falls in the
normal scope of the employment of such agent, attorney, officer or employee.
Principal means any person providing compensation to a lobbyist in
consideration of his performance of lobbying activities regardless of the technical
or legal form of the relationship between the principal and the lobbyist.
Staff means the City Manager, the Deputy City Manager, the Assistant
City Manager, the City Attorney and all department heads. In addition, staff shall
mean any consultants, other than attorneys, hired by the City.
Sec. 2.701. Registration.
(a) All lobbyists shall register with the City Clerk before engaging in
any lobbying activities. Every person required to register shall register on forms
provided by the Clerk and state under oath:
(1) His or her name and business address,
(2) The name and business address of each person or entity
that has employed said the lobbyist to lobby,
(3) the chief officer, partners or beneficiaries of the corporation,
partnership or trust, which has employed the lobbyist to
lobby,
(3) The persons sought to be lobbied, and
(4) The specific issue on which he or she has been employed to
lobby.
(b) A separate registration shall be required for each specific issue.
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(c) Any change to any information originally filed shall require that the
lobbyist file an amendment to the registration form. The lobbyist has a
continuing duty to supply information and amend the forms filed throughout the
period in which the lobbying occurs.
Sec. 2.703. Statement of lobbying expenditures.
On April 1, 1997, and on April 1 of each year thereafter, the lobbyist shall
submit to the City Clerk a signed statement under oath listing all lobbying
expenditures for the preceding year, the sources of the funds and an itemization
as to the amount expended for each Commissioner, board member and staff
member. A statement shall be filed even if there was no expenditure during a
reporting period.
Sec. 2.704. Reporting by Clerk.
The Clerk shall publish a log quarterly and annually reflecting the lobbyist
registrations that have been filed in accordance with this article. The Clerk shall
publish a report annually reflecting the lobbyist expenditures that have been filed
in accordance with this article.
Sec. 2.705. Exemptions.
(A) The following persons shall not be required to register:
(1) A government employee acting in his official capacity or in
connection with his job responsibilities or as authorized or permitted to
lobby pursuant to collective bargaining agreement.
(2) A person who appears at the specific request or under compulsion
of the Commission, board or staff member,
(3) Expert witnesses or other persons who give testimony about a
particular matter or measure but do not advocate passage or defeat the
matter or measure or any amendment thereto.
(4) Any person who appears at a public hearing or administrative
proceeding or quasi-judicial proceeding before the City Commission, any
3 Ordinance No. 6002.90
Mill
board or staff' member and has no other communication on the matter or
subject of the public hearing, administrative hearing or quasi-judicial
proceeding.
(5) Any person in contractual privity with the City who appears only in
his or her official capacity.
(B) This Article shall not apply to discussions or negotiations on matters in
litigation.
Sec. 2.706. Violations.
(a) A first violation of the provisions of this Article shall result in the
issuance of a warning by the City Attorney's Office. The penalties for
subsequent violations are as provided in Section 1.12 of the Code of Ordinances
of the City of Clearwater.
(b) The validity of any action or determination of the Commission,
board or staff shall not be affected by the failure of any person to comply with the
provisions of this article.
Bgaiion 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form and
legal sufficiency:
d- i I- --
Pamela l6. Akin, City Attomey
!
March 7, 1996
March 21, 1996
A&
Rita Garvey, Mayor -Ca issioner
Attest:
Cyn is E. Goudeau, City Clerk
Ot&grrw No, f3002 -96