Frequently Asked Questions Regarding the New County Lobbying Ordinance
Q. Who needs to register as a
lobbyist?
A. “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. “Lobbying” shall mean seeking to influence the decision of any County 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 Board of County Commissioners as applicable.
Q. Who is not required to register as a lobbyist?
A. “Lobbyist” shall not include any Palm Beach County Employee when acting in the course of his or her employment, any elected local official when the official is Lobbying on behalf of the governmental 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.
Q. If I am an employee of a company, and am not employed primarily for the purpose of lobbying, but as part of my job on occasion lobby County Commissioners, Commissioner’s staff, or County Employees, do I need to register as a lobbyist?
A. Yes
Q. How long is my registration valid?
A. You must submit a new registration form at the start of each calendar year. In addition, you must file a new registration form each time you are retained by a new principal.
Q. Where do I go to register as a lobbyist?
A. Lobbyist registration forms should be turned into County Administration on the 11th floor of the Governmental Center. Lobbyist registration forms are available in County Administration or at County departments. You may also contact Cathy Stewart, 355-4019, and one can be e-mailed or faxed to you. Registration forms are available on the County’s website: registration forms.
Q. What happens if I fail to register before engaging in lobbying activities?
A. Failure to properly register as required by Section 3 of this Ordinance shall be deemed a single violation, punishable by a fine of two hundred fifty dollars ($250.00) per day for each day an unregistered Lobbyist engages in Lobbying activity, in an amount not to exceed a total of two thousand five hundred dollars ($2,500.00).
Q. Who needs to sign the contact log?
A. Except when appearing before the Board or any Advisory Board, all Persons shall sign, for each instance of Lobbying, contact logs maintained and available in the office of reception of each department of County government.
Q. What do I need to do if I engage in lobbying activity outside of county offices?
A. In the event that a Lobbyist engages in Lobbying which is outside of County offices, and which is a scheduled appointment initiated by any Person for the purpose of Lobbying, the Lobbyist shall advise the Commissioner’s office or Employee’s department office as appropriate of the calendar scheduling of an appointment and the subject matter of the Lobbying contact.
Q. What is a “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 any Person or Person’s representative seeking an award from such competitive solicitation, and any County Commissioner or Commissioner’s staff, or any employee authorized to act on behalf of the Commission to award a particular contract.
Q. When does the “Cone of Silence” begin?
A. The Cone of Silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation.
Q. How may I communicate to a Commissioner during the imposed “Cone of Silence?”
A. By written correspondence.
Q. Are there any other circumstances when I may communicate during the “Cone of Silence?”
A. Oral communications at pre-bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, 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 County employee, public presentations made to the Board, or any written correspondence at any time with any Employee, County Commissioner, or Advisory Board Member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process.
Q. When does the Cone of Silence End?
A. The Cone of Silence shall terminate at the time the Board, or a County 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.
Q. What are the penalties for a violation of the “Cone of Silence?”
A. Violations of the Cone of Silence set forth in Section 5 of this ordinance shall be punishable by a fine of two hundred fifty dollars ($250.00) for each violation.
Q. Is there an appeals process for contesting violations?
A. Yes, the Lobbyist shall have up to thirty days after the date of the violation notice to seek appeal of the penalty. All appeals must be made in writing to the County Administrator. Appeals of any decisions of the County Administrator shall be referred to a special master for hearing.
Q. What are the penalties if I violate the provisions of this ordinance more than one time?
A. Any Person who violates the provisions of this ordinance more than once during a twelve-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.
If you have any additional questions, please contact
Todd Bonlarron, Legislative Affairs Director
via E-mail or at 355-3451.
Registration Form Ordinance
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