§ 2-356. Investigation of violations; penalties; validity of actions.  


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 registration and expenditure reporting requirements of this article and, in each such instance, shall conduct such investigation as he or she shall deem necessary under the circumstances. The results of each investigation shall be reported to the board.

    (b)

    The board may warn, reprimand or censure the violator or may suspend or prohibit the violator from appearing on behalf of any principal before the board or any county advisory body or from otherwise lobbying for any principal 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 subsection shall be the exclusive penalties imposed for violations of the registration and reporting requirements of this article. The 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)

    (1)

    The board of county commissioners may void a contract entered into in connection with a procurement matter where the county mayor or his or her respective staff, one or more county commissioners or their respective staff, or a member of the pertinent procurement committee has been lobbied in violation of the black-out-period restrictions of section 2-355.

    (2)

    The board of county commissioners may reject a bid or proposal or may void a contract entered into in connection with a procurement matter where the county mayor, one or more county commissioners, or a candidate for mayor or county commission has received a campaign contribution in violation of the restrictions provided at section 2-355.1.

    (d)

    Except as set forth in the voidable-contract provisions of subsection (c), the validity of any action taken by the board or any county officers or employees or advisory bodies shall not be affected by the failure of any person to comply with the provisions of this article.

(Ord. No. 94-22, § 4, 11-29-94; Ord. No. 98-03, § 2, 1-27-98; Ord. No. 2002-15, § 3, 10-15-02; Ord. No. 2008-13 , § 3, 7-8-08; Ord. No. 2008-14 , § 2, 7-8-08)