§ 1-265. Penalties.  


Latest version.
  • (a)

    The County Attorney or County Administrator, or their designee, shall be informed of any person engaged in lobbying activities who has failed to comply with the provisions of this act, and, in each such instance, shall conduct such investigation as he, she, or they shall deem necessary under the circumstances. The results of each investigation shall be reported to the Board.

    (b)

    The Board shall warn, reprimand, as suspend, or prohibit the violator from appearing on behalf of any person before the Board or any decision-making body under the jurisdiction of the Board or from otherwise lobbying for any person in any fashion for a period of time; provided, however, that any suspension or prohibition may not exceed a period of two (2) years, and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. The penalties provided in this section shall be the exclusive penalties imposed for violations of this act, except as provided in 1-264(c). The intentional failure or refusal of any lobbyist to comply with any order of the Board suspending or prohibiting the lobbyist from lobbying shall be punishable as provided by law and shall otherwise be subject to such civil remedies as the County may pursue, including injunctive relief.

    (c)

    The validity of any action taken by the Board, County employees, or any decision-making body under the jurisdiction of the Board, shall not be affected by the failure of any person to comply with the provisions of this article.

    (d)

    In addition to all other penalties in this section, an employer who has retained a lobbyist(s) to lobby in connection with a competitive solicitation shall be deemed non-responsive unless the employer, in responding to the competitive solicitation, certifies that each lobbyist retained has timely filed the registration or amended registration required under Section 1-262. If, after awarding a contract in connection with the solicitation, the County learns that the certification was erroneous, and upon investigation determines that the error was willful or intentional on the part of the employer, the County may, on that basis, exercise any contractual right to terminate the contract for convenience.

(Ord. No. 2001-15, § 7, 5-8-01; Ord. No. 2009-34, § 3, 6-23-09)