Title
A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving/Denying The Appeal Of Stephanie Grutman Zauder, A Lobbyist, Regarding The Fine For Lack Of Timely Submittal Of Lobbyist Annual Statement.
Strategic Plan Focus
Financial Management & Administration
Body
Staff Recommends: Approval/denial of the attached Resolution.
Explanation:
The City’s lobbyist registration process is provided for under Code Section 30.15. Lobbyists are required to register annually with the City Clerk before they can engage in any lobbying.
The lobbyist is required under Code Section 30.15 (B)(2) to submit to the City Clerk’s Office a signed statement under oath, disclosing all lobbying expenditures, contingency fees, and the sources from which funds for making such expenditures and paying such contingency fees has come, which shall be filed no later than August 31st of each year.
Stephanie Grutman Zauder filed as a lobbyist with the City for the period August 1, 2020 to July 31, 2021 and under Code the Lobbyist Annual Statement was due in the City Clerk’s Office by 5:00 PM on August 31, 2021. This office did not receive the Lobbyist Annual Statement from Ms. Grutman Zauder by the deadline, and as required under the Code a certified letter by United States mail was sent to Ms. Grutman Zauder. In addition, emails were sent to Ms. Grutman Zauder and phone calls were made to Ms. Grutman Zauder prior to the deadline.
Ms. Grutman Zauder tried to file a new registration on November 11, 2021 for the current year; however, she was notified by phone that the prior year Lobbyist Annual Statement was delinquent and that she still need to file the Annual Lobbyist Statement for the period of August 1, 2020 to July 31, 2021. Following this notification, she completed and submitted the prior year’s Annual Lobbying Statement. On January 13, 2022, Ms. Grutman Zauder was notified, by email, of the $5,000.00 fine, which is $50.00 for each day late up to a maximum of $5,000.00.
The Code allows for the lobbyist to file an appeal or dispute a fine, based upon unusual circumstances surrounding the failure to file on the designated due date, and may request and shall be entitled to a hearing before the City Commission, which shall have the authority to waive the fine in whole or in part for good cause shown. Any such request shall be made within 20 days after receipt of the notice of payment due. In such case, the lobbyist shall, within the 20 day period, notify the City Clerk in writing of her intention to bring the matter before the Commission.
On February 2, 2022 Ms. Grutman Zauder filed an appeal with the City Clerk within the 20 day requesting an appeal citing unusual circumstances. Ms. Grutman Zauder indicated that her office notary tested positive for COVID-19 and was out of the office for many weeks. In addition, on August 24, 2021, her uncle, Charles Grutman, passed away unexpectedly and her family traveled to Fort Myers to be with her aunt and cousin. In the process, she was distracted and failed to submit the form. She is asking for the City Commission to waive the $5,000.00 fine for the delinquent Lobbyist Annual Statement for the period of August 1, 2020 to July 31, 2021.
Fiscal Impact:
If the City Commission denies the appeal, Ms. Grutman Zauder will be required to pay the $5,000.00 fine.
Recommended for inclusion on the agenda by:
Patricia Cerny, City Clerk
Adam Reichbach, Assistant City Manager for Finance & Administration