The City of Palm Bay hereby establishes the following lobbying registration program as the official policy of the City:
(A) For purposes of the registration provisions of this Part, Lobbying or Lobbying Activities means a communication, by any means, from a lobbyist to a covered individual regarding any item that will foreseeably be decided by a final decision-making authority, which communication attempts to influence, convince, or persuade the governmental decision making of an officer or employee of the City, or of an independent agency, or the attempt to encourage the passage, defeat, or modification of any legislation, proposal or recommendation of the City or of an independent agency, or of an officer or employee of the City. Lobbying shall not include the following:
(1) Legal or settlement discussions directed toward an attorney for the City or of an independent agency; or
(2) Participation in a quasi-judicial proceeding involving the City or an independent agency.
(B) Each person who lobbies, for compensation as a lobbyist, any officer or employee of the City, or of an independent agency, shall file with the City Clerk the following information, prior to commencement of lobbying activities on any issue:
(1) The lobbyist's full name, business address and name and nature of business, occupation or profession.
(2) The name, business address, and name and nature of the business, occupation or profession of each of the lobbyist's principals.
(3) The general and specific subject matters that the lobbyist seeks to influence.
(4) The extent of any direct business association by the lobbyist with any current elected or appointed official or employee of the City of Palm Bay. For the purposes of this article, the term "direct business association" shall mean any mutual endeavor undertaken for profit or compensation.
(5) A lobbyist representing a person shall, prior to engaging in lobbying, receive appropriate written authorization from said person to lobby on that person's behalf upon a particular subject matter. A copy of the applicable documentation, including but not limited to letters, agreements, minutes, motions or other evidence of action authorizing the lobbyist to lobby on behalf of the person shall be provided with the information required by this article.
(C) Registration may be for an annual period or for a lesser, stated period, but no person may lobby unless he or she is first registered. A person may register as a lobbyist on his or her own volition or he or she may be required by any City Official or employee to register before he or she addresses such officer or employee if he or she is not already registered with the City Clerk. The City Clerk shall maintain a database in which the registration statements and oaths submitted by lobbyists shall be entered, together with corrections and amendments as herein authorized and required. If a person shall cease to be a lobbyist, his or her registration statement and oath shall be removed from the database of active lobbyists and shall be placed in a database of inactive or former lobbyists.
(D) The following persons shall not be required to register as lobbyists:
(1) A public official, City or independent agency employee or salaried employee of a public agency acting in his or her official capacity or in connection with his or her job responsibilities or as authorized or permitted to lobby pursuant to a collective bargaining agreement;
(2) A person who only addresses the Council, Board, or independent agency board during the "public comment" portion of its meeting agenda;
(3) A person who appears at the specific request or under compulsion of the Council or a Council committee; or of the board or committee of the board of an independent agency;
(4) Expert witnesses and other persons who give factual testimony about a particular matter or measure, but do not advocate passage or defeat of the matter or measure or any amendment thereto;
(5) A person, not exempt under paragraphs (1) through (4) and otherwise meeting the definition of a lobbyist who received no compensation as a lobbyist;
(6) A Principal or an officer or employee of a principal who performs lobbying activities as part of his or her assigned duties.
(Ord. 2018-24, passed 8-2-18)