HomeMy WebLinkAboutO-1993-001 ORDINANCE NO. 01 -93
Ali ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING
ARTICLE I, CHAPTER 2 OF THE CODE OF ORDINANCES OF THE
CITY OF DANIA, FLORIDA, BY ADDING A SECTION 2-1 .2 AND
SECTION 2-1 . 3 TO ENACT REGULATIONS GOVERNING THE
REGISTRATION AND ACTIVITIES OF LOBBYISTS IN THE CITY TO !' t ;
ENACT REGULATIONS PROHIBITING EX PARTE COMMUNICATIONS ON
QUASI-JUDICIAL MATTERS; PROVIDING FOR SEPARABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE. ?
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
WHEREAS, the City Commission of the City of Dania, upon its
own initiative, desires to require lobbyists to register with the
I city and to disclose publicly their lobbying activities within the
city; and
i
WHEREAS, the State Legislature, Broward County, Dade County
1 and numerous municipalities throughout the state have recently
i enacted lobbyist registration and disclosure regulations; and I
WHEREAS, the City Commission finds that such regulation of
lobbyists will assist in promoting and maintaining the integrity
of municipal government; and
WHEREAS, the City Commission finds that such regulation of
lobbyists will protect and serve the best interests of the
citizens of the City of Dania; and
WHEREAS, the City Commission further finds it desirable to
I '
restrict persons from engaging in "ex parte" communications in
"quasi-judicial" matters in accordance with the case of Jennings
v. Dade County and as further defined herein; and
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01 -93
Ordinance No.
WHEREAS, the City Commission finds that fundamental due
:3
process and a fair and open process requires the establishment of
i rules of procedure to restrict ex parte communications on
quasi-judicial matters; and
WHEREAS, the City Commission finds that such rules of II
procedure will serve to promote the health, saety and welfare of
i
the citizens of the City of Dania. {
I {i
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DANIA, FLORIDA:
Section 1 . That the foregoing findings are correct and are
l hereby made a part of this ordinance.
Section 2 . That Article I of Chapter 2 of the Code of
jOrdinances of the City of Dania, Florida, is hereby amended by
adding Sections 2-1 .2 and 2-1 . 3 which shall read as follows:
"Sec. 2-1 . 2 Lobbyists; registration and disclosure;
enforcement.
"Lobbyist" shall mean all persons, firms, corporations
(and their staff members ) employed, retained or
otherwise compensated by a principal or client who,
acting on behalf of the principal or client, seeks to
encourage the passage, defeat, or modification of any
ordinance, resolution, contract, bid award, action or
decision of the city commission; or any resolution,
action, decision or recommendation of any city board,
agency or committee; or any action, decision or
recmommendatin of the city manager or city staff during
the time period of the entire decision-making process
on such action, decision or recommendation which
foreseeably will be reviewed by the city commission, or
a city board, agency or committee.
"Lobbyist" does not mean a city employee when acting in
his official capacity.
"Lobbyist" does not mean any person who merely appearsw -
before the city commission, city board or committee, or
the city manager in an individual capacity for the
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resentation or for the represents-
purpose of self-reP compensation or reimbursement to
support of or in opposition tc any ordinance,
tion of others without
express support of or action of the commission; or
resolution, action, recommendation or decision of
any resolution, agency or committee; or any action,
any city board, manager.
decision or recommendation of the city ursuant to the }
does not mean a person whor P has been
"Lobbyist-- a collective be agreement,
and so recognized by the city as being a
terms unit composed
' designated, collective bargaining
representative
employees•a
of city person, firm,
^Principal" or "client" shall mean the
other entity which has employed or
g lobbyist and Pays such lobbyist the
corporation or
retained expenses for lobbying activities in the
remuneration or exp
city .
fifteen ( 15) days after the effective edaet
Commencing thereafter,
and continuing in any lobbying
Of this ordinance before engaging clerk' s
lobbyist shall, city, register with the city
activity in the rovided by the city.
office on the forms p
Every person, firm or corporation required aredebh
lobbyist shall register on forms prepared
lobbyist' s
as a and shall sate under oath the
city attorney the name and business address
name, business aadrana' client represented on city
of each prir rincipal and client anyrmatters
matters, any previous a of registration,
who has , at the time and the general and matter.
where the city is involved, city
pending ist interest in any rincipal
specific areas of lobby is required
Separate reg for each p
istration
represented.
hall be public records and open
All registration forms s on the filing thereof .
to the public up
and annually thereafter,
19U submit to the
Commencing1)ecember 31 lobbyist shall annually under oath
every registered lobbya signed statement ,
city clerk' s office enditures incurred in the past
listing all lobbying exP of each of their respective
ive
I on behalf matters.
twelve months resented on city
principals or clients reP 4
lobbying expenditures to be disclosed shall includof the
e all Y
nature or kind for or lodging,on meals,
expenses °andny for expenses a;
lobbyist and travel of the lobbyist. Such annual
entertainment shall be submitted on the forms
disclosure statemetns
the city clerk' s office and shall be open
provided by inspection
Such statements shall be filed,
to public
'J;I
no
even if there have expenditures during an
annual reporting pei been od until such time as a notice of
r by the
withdrawal of lobbying activities is filed
j lobbyist with the city clerk.
At the request of the city commission, the city
person engaged in
a attorney shall investigate any
in violation of this
lobbying activities which may
or any subsection hereof . The city
Section 2-1 .2
attorney shall report the resuolnsaofindingnbystheacity
to the city commission. Up a lobbyist of this
commission of a violation by hereof, the city
Section 2-1 .2 or any subsection
commission may publicly reprimand, censure and/or
prohibit such person or firm from lobbying before the t
city commission or a city administrative board, agency,
committee oiod of up to but not
r city staff for a per
to exceed two (2 ) years , "
"Sec. 2-1 .3. Ex-parte communications on quasi-judicial
proceedings prohibited.
i
(a) For the purposes of Section 2-1 .3 only:
"Person" shall mean an individual or firm actingher
I behalf e£ himself, herself or another party
or
whether or not for compensation,
commission.
"Ex parte communication" means any verbal communication
s conducted outside of co mmmissionerlic torgcityween a person
board member
and the mayor, a city
or city agency member, which communication is intended
b the person making it, or could reasonably be
Y the mayor, commissioner or
considered or interpreted by Y
board or agency member, to influence the outcome of a
quasi-judicial proceeding. A written communication
relating to a quasi-judicial proceeding shall not be
considered as violative of this section boardhorlagency
receipt by the mayor, commissioner,
member, be a public document open to public inspection
and shall be made a part of the public record of the
quasi-judicial proceeding.
"Quasi-judicial proceeding" means a non-legislative
1
proceeding wherein the mayor, commissioners and/or board
em as a
or agency members are required to ascertain the
existence of facts anddraw co c iallusion action.s from th'Quasi-
basis for their respective
judicial proceedings" refer only to variances, special
approvals that require sub-
exceptions, development and =ti
sequent court approval and certain permit and license
decisions, including extended hours licenses and
distance waivers under the city' s code to be made by the .
-a- f
Tr.
A o city commission, as well as those quasi-judicial
decisions made by city administrative boards and
agencies, including, the board of appeals and
adjustment, the code enforcement board, the unsafe
structures board, the civil service board and the
community redevelopment agency.
lot
Any person, including a city official, who is uncertain
as to whether a particular proceeding constitutes a
"quasi-judicial" proceeding may request and rely upon an i.
opinion of the city attorney.
(b) Except as otherwise provided in subsection (c)
below, it shall be a violation of this section for any
person, as defined in Section 2-1.3 hereof, to engage in
verbal ex parte communications for the purpose of
either:
( 1 ) attempting to influence the vote of the mayor
or a city commissioner outside of a public
meeting with regard to any quasi-judicial
„ . r1 proceeding to come before the city commission;
or
m
(2 ) attepting to influence the vote of any member
of a city adminsitrative board or agency
outside of a public meeting with regard to any
j quasi-judicial proceeding to come before the
` i respective board or agency.
(c) Nothing contained herein shall be construed to
prohibit the mayor, any individual city commissioner,
the city manager, the city attorney or their respective
_ staffs or any individual member of an administrative
board or agency from verbally communicating at the same
meeting with all persons or representatives of all
persons to a particular quasi-judicial proceeding being
present.
(d) Every formal action taken in a public meeting
on a quasi-judicial proceeding by the city commisison,
city board or agency shall be deemed valid and binding
in accordance with its terms, notwithstanding a
violation of section 2-1 .3 hereof, unless and until a r
court of competent jurisdiction enters a final order is
declaring any such formal action to be invalid and/or
not binding and requiring a rehearing on such final =<
action.
(e) No person aggrieved by any order, decision or !
determination of the city commission, city board or
city agencyt in a quasi-judicial proceeding may apply
to bhe court for relief based upon prohibited ex parte
communications, unless such court action is initiated
1 i `
I -5-
no later than thirty ( 30 ) days from the date a
quasi-judicial order, ination is made
decision or determ
rec
of the city
and entered in the official encordrespectively-
commission, city board or city ag yr p
Section That it is the intention of the City
Commission of the City of Dania, Florida, and it is hereby
ordained that the provisions of this section shall be made a
part of the Code of Ordinances of the City of Dania, Florida,
and the sections of this Code may be renumbered to accomplish
such intention.
Sect 4• That if any word, phrase,
clause, subsection
or section of this ordinance is for any
reason held
unconstitutional or invalid, the invalidity thereof shall nto
i
affect the validity of any remaining portions of this
ordinance.
Section •• That all ordinances or parts of ordinances
and all resolutions or parts of resolutions in conflict
herewith be and the same are hereby repealed to the extent of
such conflict.
PASSED and ADOPTED on First Reading on the 24th day of
November 1992 . t
PASSED and ADOPTED on Second and Final Reading on the 12th f
day of January , 1993 .
MAYOR ISSIONER '
ATTEST: L
ITY CLERK - AUDITOR
•'! APPROVED AS/ TO FORM AND CORRECTNESS
i By:
FRANK C. ADLER, City Attorney
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S U N - S E N T I N E L NDnct OF NEAR9rG
PU3LISHED DAILY BEFORE THE CITY
COMMISSION CITY OF
LAUDERDALE, HROWARD CJUNT Y, FLORIDA DANIA FLORIDA. RE-
FORTF
GANGING ADOPTION OF
BOCA RATOXi PALM BEACH COUNTY, FLORIDA THE FOLLOWING PRO-
.- POSED ORDINANCES
COUNTY, FLORIDA NOTICE IS HEREBY GIV
MIAML, DADE
EN that the Coy Commo"I .
a On of the Coy of Dal"I
FIor10e. on December 22.,
STATE OF FLORIDA 1092. at 900 Pm P` u
/DADE n u me foe"'
BPOWADPALM BEACH bm . unit Corh
COUNTY OF l _ .
aGryn eC�.e�oom of
BEFORE THE UNDERSIGNED AUTHOR ITT PERSONALLY APPEARED the Dense Clty Hell, tool '
n/ � WHO ON OATH SAYS THAT lard..Oer�Ile FI� 000-I
.... . Z+.-! '1aa�. .a ... ;ewer t1w
NE/S}fE IS A AUTHORIZED OF OF THE eta y°DO"o°o„.K..
of then
CLASSIFIED DEPARTMENT OF TrlE SUN-SENTINEL, DAILY AN ORDINANCE OF THE!
AMENDING IA. FLOE IV.
NEWSPAPER PUBLISHED IN BROJARD/PAL'1 BEACH/DADE COUNTY, c Ab DANIA.
"ARTICLE IV.
FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT, BEING A NEW SECTION 13•7e1
!THERETO ENTITLED,
'GARBAGE COLLECTION
BY CITY": PRIVATE HAUL-
NOTICE EFS. PERMIT REWIRED.
'.RETROACTIVE TO OCTO-I
:BER 1, 1991 PROVIDING -
.THAT ALL 6RDINANCES
IN THE MATTER OF iOj�HCESNAND ALL RESO-
LUTIONS OR PARTS OF
RESOLUTIONS IN CON-
SECTION 13-714 j RUST HEREWITH BE RE-
INLED O THE CONFLICT; -
IN THE CIRCUIT COURT, WAS END
PUjLISHED IN SAID NEWSPAPER IN IPROVIDING FOR AN EF-
FECTIVE DATE
THE ISSUES OF CE340! AN ORDINANCE OF THE
CITY OF DANIA FLORIDA,
C 12/111 1 X ''.AMENDING AbTICLE 1
CHAPTER 2 OF THE COON
OF ORDINANCES OF THE
AfFIANT FURTHER SAYS THAT THE SAID SUN-SENTIH_F L IS A CITY OF DANIA. FLORIDA.,BYADDINGASECTION2-
XEWSPAPER PUHL[ SHEO IN SAID JROWARD/PALM BEACH/DADE 12 AND SECTION 2.1.3 TO
GOVERNING THE REGIS•'
TIONS
COUNTY, FLORIDA, AND THAT THE SAID NEWSPAPER HAS HERETOFORE TRATION AND AENACT CTIVITIES
BEEN CONTINUOUSLY PU dLISHED IN SAID BROW ARD/PALM BEACH/DADE OFLOOBBY ENACT GuIHEI
COUNTY, FLORIDA, EACH DAY, AND HAS BEEN ENTERED AS SECOND TIONS PROHIBITING EX,
PARTE COMMUNICA-,
CLASS MATTER AT THE POST OFFICE ICE IN FORT LAUDEROALE, IN SAID TIONS ON QUASI-JUDI-�
LIAL MATTERS: PROVID-
BROWARD COUNTY, FLORIDA, FOR A PcRiOD OF ONE YEAR NEXT ING FOR SEVERABILITY:''
PROVIDING THAT ALL OR-,
PRECEDING THE fIRST PUBLICATION ER THE ATTACHED COPY OF ORDINANCES AND AOF
LL!
ADVERTISEMENT: AND AFFIANT FURTHER SAYS THAT HE/ SHE HAS ORDINANCES OR PARTS LL
OF RESOLUTIONS IN CON
NEITHER PAID NOR PROMISED ANY PERSJ N, FIRM OR CORPORATION RESOLUTOF RE HEREWITH BEONS BE RE-,
ANY DISCOUNT, RE'3ATE, COMMISSION OR REFUND FOR THE PURPOSE PEALED TO THE EXTENT,
OF SECUR INu THIS ADVERTISEMENT FOR PUBLICATION IN OF SUCH CONFLICT: AND
SAID PROVIDING FOR AN EF-
j1 FECTIVE DATE.
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Interesue Pa I may
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SHORN TO AND SUySCRItiED 7EFOR wpect uJoYo
THIS 11 DAY Of DECE i3ER to SO eat an eeclelon
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