Chapter 2.26
CITY LOBBYISTS
Sections:
2.26.010 Definitions.
2.26.020 City Lobbyist Registration
2.26.030 City Lobbying Firm Registration
2.26.040 City Lobbyist Employer Registration
2.26.050 Registration Amendments and Termination
2.26.060 Annual Reports–City Lobbyists
2.26.070 Annual Reports–City Lobbying Firms
2.26.080 Annual Report–City Lobbyist Employers and Others
2.26.090 Annual Campaign Contribution Reports
2.26.100 Funding for Reports and Studies
2.26.110 Duties of City Clerk/Public Records
2.26.120 Recordkeeping
2.26.130 Gift Prohibitions
2.26.140 General Prohibitions
2.26.150 Filing Fees
2.26.160 Appearance Before Legislative Body–Disclosure
2.26.170 Enforcement
2.26.180 Applicability of Other Laws
2.26.010 Definitions.
The following phrases, whenever used in this chapter, shall be construed as defined in this section:
A. “Activity expense” means any expense incurred or payment made by a city lobbyist, city lobbying firm, or city lobbyist employer or arranged by a city lobbyist, city lobbying firm or city lobbyist employer, which benefits in whole or in part any city official or a member of the immediate family of a city official, regardless of whether the expense or payment is reimbursed by the person on whose behalf the city lobbying services are performed. Activity expenses include gifts, honoraria, consulting fees, salaries, and any other form of compensation, but do not include campaign contributions.
B. “City official” means any elected or appointed city officer, member, employee or consultant (who qualifies as a public official within the meaning of the Political Reform Act) of any agency, who, as part of his or her official duties, participates in the consideration of any official action of the City other than in a purely clerical, secretarial or ministerial capacity.
C. “Official action” means the drafting, introduction, consideration, modification, enactment or defeat of any city ordinance, resolution or motion, or the granting or denial of any city contract, amendment, application, appeal, permit, petition, grant, license or franchise. “Official action” does not include the following:
(1) A request for advice or for an interpretation of laws, regulations, city approvals or policies, or a direct response to an enforcement proceeding with the city; and
(2) Any ministerial action.
D. “Influencing official action” means promoting, supporting, influencing, modifying, opposing or delaying any official action by any means, including but not limited to the provision or use of information, statistics, studies or analyses.
E. “City lobbyist” means any individual who is employed, contracts or otherwise receives compensation or other economic consideration, other than reimbursement for reasonable travel expenses, to communicate directly, or through agents, employees or subcontractors, with any city official for the purpose of influencing official action, if a substantial or regular portion of the activities for which he or she receives such compensation or other economic consideration is for the purpose of influencing official action. Provided, however, a city lobbyist shall not include:
(1) An elected or appointed public official or public employee when acting in his or her official capacity as an elected or appointed public official or public employee;
(2) Any newspaper or other periodical of general circulation, book publisher, radio or television station (including any individual who owns, publishes, or is employed by any such newspaper or periodical, radio or television station) which in the ordinary course of business publishes news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge official action if such newspaper, periodical, book publisher, radio or television station or individual, engages in no further or other activities in connection with urging official action other than to appear before the city council in support of or in opposition to such action;
(3) An individual whose attempts to influence official action are limited solely to actions taken as an attorney or advocate representing a party to an administrative proceeding the decision of which is reviewable by a court pursuant to Code of Civil Procedure Section 1094.5;
(4) An individual or entity who represents a bona fide church or religious society solely for the purpose of protecting the public’s right to practice the doctrines of such church or religious society;
(5) An individual or entity who represents a duly organized not-for-profit charitable, religious, civic, patriotic or community service organization; or
(6) An individual or entity whose activity is limited to meeting with city staff or appearing at public hearings on behalf of an applicant for a permit or license (a) to provide translation services or (b) to present architectural or engineering plans or drawings.
F. “City lobbying firm” means any corporation, partnership, company, limited liability company, syndicate or other business entity, including an individual city lobbyist, which receives or becomes entitled to receive any compensation or economic consideration, other than reimbursement for reasonable travel expenses, for the purpose of influencing official action on behalf of any other person, if either any partner, owner, officer or employee of the business entity is a city lobbyist, or a substantial or regular portion of the activities for which the business entity receives compensation or economic consideration is for the purpose of influencing official action. No business entity shall be considered a city lobbying firm by reason of activities expressly exempted from the definition of city lobbyist set forth in subsection E above.
G. “City lobbyist employer” means a person or entity, other than a city lobbying firm, who, for compensation or economic consideration other than reimbursement for reasonable travel expenses, continuously employs or contracts for a period of one (1) year or more the services of a city lobbyist or city lobbying firm, for the purpose of influencing official action.
H. “Gift” means any payment to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. Any person claiming a payment is not a gift due to consideration received has the burden of proving that such consideration is of equal or greater value. Provided, however, the term “gift” shall not include:
(1) Informational material such as books, reports, pamphlets, calendars, or periodicals, except that no payment for travel or reimbursement for any expenses shall be deemed informational material;
(2) Gifts which are not used and which, within 30 days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes;
(3) Gifts from an individual’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle or first cousin, or the spouse of any such person, except that a gift from any such person shall be considered a gift if the donor is acting as an agent or intermediary for any person not covered by this paragraph;
(4) Campaign contributions required to be reported under this chapter;
(5) Any devise or inheritance; or
(6) Personalized plaques and trophies with an individual value of less than $250.00.
(Ord. 1641, § 1 (part), 2003; Ord. 1512 § 1 (part), 1997)
(Ord. 1641, Amended, 08/08/2003)
2.26.020 City Lobbyist Registration
Unless included either as part of the registration of a city lobbying firm filed pursuant to Section 2.26.030, or as part of the registration of a city lobbyist employer filed pursuant to Section 2.26.040, each city lobbyist, within 10 days of first becoming a city lobbyist, shall file with the city clerk a registration statement containing the following information:
(1) A recent three-inch by four-inch photograph of the city lobbyist;
(2) The city lobbyist’s full name, business address and telephone number;
(3) A statement that the lobbyist has read and understands the prohibitions contained in Sections 2.26.130 and 2.26.140; and
(4) Such other information required by the city, as determined from time to time by the city council, consistent with the provisions and purposes of this chapter. (Ord. 1641, § 1 (part), 2003; Ord. 1512 § 1 (part), 1997)
2.26.030 City Lobbying Firm Registration
Each lobbyist required to file a registration statement under this chapter shall be charged a registration fee in the amount to be established by City Council resolution. (Ord. 1629, § 1, 2003; Ord. 1512 § 1 (part), 1997)
Each city lobbying firm, within 10 days of first becoming a city lobbying firm, shall file with the city clerk a registration statement containing the following information:
A. The full name, business address and telephone number of the city lobbying firm;
B. A list of the city lobbyists who are partners, owners, officers, or employees of the city lobbying firm;
C. The city lobbyist registration statement(s) required by Section 2.26.020 for each city lobbyist in the city lobbying firm;
D. For each person or other entity with whom the city lobbying firm contracts for the city lobbying firm to provide city lobbying services:
(1) The full name, business address and telephone number of the contractor;
(2) The contractor’s written, signed authorization permitting the city lobbying firm to represent the interests of the contractor;
(3) The time period of the contract;
(4) If the contractor is an individual, the name and address of his or her employer, if any, or his or her principal place of business if he or she is self-employed, and a description of the business activity in which the contractor or his or her employer is engaged;
(5) If the contractor is a business entity, a description of the business activity in which it is engaged;
(6) If the contractor is an industry, trade or professional association, a description of the industry, trade or profession it represents, including a specific description of any portion or faction of the industry, trade or profession which the association exclusively or primarily represents and, if the association has not more than 50 members, the names of the members;
(7) If the contractor is not an individual, business entity, or industry trade or professional association, a statement of the contractor’s nature and purposes, including a description of any industry, trade, profession, or other group with a common economic interest which the contractor principally represents or from which its membership or financial support is principally derived;
(8) The city lobbying interests of the contractor.
E. The name and title of a partner, owner or officer of the city lobbying firm who is responsible for filing statements and reports and keeping records required by this chapter on behalf of the city lobbying firm, and a statement signed by the designated responsible person that he or she has read and understands the prohibitions contained in Sections 2.26.130 and 2.26.140;
F. Such other information required by the city, as determined from time to time by the city council, consistent with the provisions and purposes of this chapter. (Ord. 1641, § 1 (part); 2003)
(Ord. 1641, Repealed, 08/08/2003; Ord. 1641, Amended, 08/08/2003)
2.26.040 City Lobbyist Employer Registration
Each city lobbyist employer, within 10 days of first becoming a city lobbyist employer, shall file with the city clerk a registration statement containing the following information:
A. The full name, business address, and telephone number of the city lobbyist employer;
B. A list of the city lobbyists who are employed by the city lobbyist employer;
C. The city lobbyist registration statement(s) required by Section 2.26.020 for each city lobbyist employed by the city lobbyist employer;
D. If the city lobbyist employer is an individual, the name and address of his or her principal place of business and a description of the business activity in which he or she is engaged;
E. If the city lobbyist employer is a business entity, a description of the business activity in which it is engaged;
F. If the city lobbyist employer is an industry, trade or professional association, a description of the industry, trade or profession it represents, including a specific description of any portion or faction of the industry, trade or profession which the association exclusively or primarily represents and, if the association has not more than 50 members, the names of the members;
G. If the city lobbyist employer is not an individual, business entity, or industry, trade or professional association, a statement of the city lobbyist employer’s nature and purposes, including a description of any industry, trade, profession, or other group with a common economic interest which the city lobbyist employer principally represents or from which its membership or financial support is principally derived;
H. The city lobbying interests of the city lobbyist employer;
I. Such other information required by the city, as determined from time to time by the city council, consistent with the provisions and purposes of this chapter.
(Ord. 1641, § 1 (part), 2003; Ord. 1512 § 1 (part), 1997)
(Ord. 1641, Repealed, 08/08/2003; Ord. 1641, Amended, 08/08/2003)
2.26.050 Registration Amendments and Termination
A. Within 10 days of any change in any of the registration information reported pursuant to Sections 2.26.020, 2.26.030 or 2.26.040, and before any attempt to influence official action on behalf of any previously unreported person or entity occurs, a city lobbyist, city lobbying firm or city lobbyist employer shall file with the city clerk an amended registration statement providing such revised registration information.
B. When a city lobbyist, city lobbying firm or city lobbyist employer ceases all activities related to influencing official action it shall file a notice of termination with the city clerk within twenty (20) days after such cessation. The city lobbyist, city lobbying firm or city lobbyist employer ceasing lobbying activities shall file with the notice of termination a final annual report providing the information required by Sections 2.26.060, 2.26.070 or 2.26.080, whichever is applicable, covering the period of time from April 1 to the date lobbying activity is ceased.
(Ord. 1641, § 1 (part), 2003; Ord. 1512 § 1 (part), 1997)
(Ord. 1641, Repealed, 08/08/2003; Ord. 1641, Amended, 08/08/2003)
2.26.060 Annual Reports–City Lobbyists
Unless included either as part of a city lobbying firm annual report filed pursuant to Section 2.26.070 or as part of a city lobbyist employer annual report filed pursuant to Section 2.26.080, no later than April 1 of each year or upon filing a notice of termination as set forth in Section 2.26.050 above, each city lobbyist shall file with the city clerk a report of all activity expenses of the city lobbyist during the past year, including, for each such activity expense, the name and position of the beneficiary and of the payee if different than the beneficiary, and a description of the activity expense and its value. If the city lobbyist engaged in no activity as a city lobbyist during the past year, the report shall so indicate. (Ord. 1641, § 1 (part), 2003; Ord. 1512 § 1 (part), 1997)
(Ord. 1641, Repealed, 08/08/2003; Ord. 1641, Amended, 08/08/2003)
2.26.070 Annual Reports–City Lobbying Firms
No later than April 1 of each year or upon the filing a notice of termination as set forth in Section 2.26.050 above, each city lobbying firm shall file with the city clerk a report containing the information set forth in subsections A through F, below, regarding the city lobbying firm activities during the past year. If the city lobbying firm engaged in no activity as a city lobbying firm during the past year, the report shall so indicate.
A. The full name, business address, and telephone number of the city lobbying firm;
B. The full name, business address, and telephone number of each person who contracted with the city lobbying firm for city lobbying services, a description of the specific city lobbying interests of the person, and the total payments, including fees and the reimbursement of expenses, received from the person for city lobbying services;
C. The total amount of all payments received for city lobbying services;
D. All activity expenses incurred by the city lobbying firm including, for each activity expense, the name of each person who made or arranged the activity expense, the name and position of the beneficiary and of the payee if different than the beneficiary, and a description of the activity expense and its value;
E. If the city lobbying firm subcontracts with another city lobbying firm or city lobbyist for city lobbying services:
1. The full name, address, and telephone number of the subcontractor,
2. The name of the person for whom the subcontractor was retained to lobby,
3. The total amount of payments made to the subcontractor;
F. The name and title of each partner, owner and employee of the city lobbying firm who, on at least three separate occasions during the past year, engaged in direct communication with city officials for the purpose of influencing official action on behalf of a person who contracts with the city lobbying firm for city lobbyist services.
(Ord. 1641, § 1 (part), 2003; Ord. 1512 § 1 (part), 1997)
(Ord. 1641, Repealed, 08/08/2003; Ord. 1641, Amended, 08/08/2003)
2.26.080 Annual Report–City Lobbyist Employers and Others
No later than April 1 of each year or upon the filing of a notice of termination as set forth in Section 2.26.050 above, each city lobbyist employer shall file with the city clerk a report containing the information set forth in subsections A through E, below, regarding the city lobbyist employer’s activities during the past year. If the city lobbyist employer engaged in no activity as a city lobbyist employer during the past year, the report shall so indicate. Each person or entity who is not otherwise obligated to file an annual report as a city lobbyist, city lobbying firm or city lobbyist employer, but who directly or indirectly expends $2500.00 or more to influence official action during the past year, shall also file a report containing the information set forth in subsections A through E, below, no later than April 1 of each year:
A. The full name, business address, and telephone number of the filer;
B. The total amount of all payments made to a city lobbying firm;
C. The total amount of all payments made to city lobbyists employed by the filer;
D. All activity expenses incurred by the filer including, for each activity expense, the name of each person who made or arranged the activity expense, the name and the position of the beneficiary and of the payee if different than the beneficiary, and a description of the activity expense and its value;
E. The total of all other payments to influence official action, including overhead expenses, and all payments to employees who spend 10 percent or more of their compensated time in any one month in activities related to influencing official action. (Ord. 1641, § 1 (part), 2003; Ord. 1512 § 1 (part), 1997)
(Ord. 1641, Repealed, 08/08/2003; Ord. 1641, Amended, 08/08/2003)
2.26.090 Annual Campaign Contribution Reports
No later than April 1 of each year or upon the filing of a notice of termination as set forth in Section 2.26.050 above, each city lobbyist, city lobbying firm and city lobbyist employer shall file with the city clerk an annual report containing the date, amount, and the name of the recipient of each contribution (as that term is defined in Section 2.24.020(A)(1) of this Code) to an elected city official or candidate for elective city office where the total contribution was $100.00 or more during the past year. Said report may be made as a part of an annual report filed pursuant to Sections 2.26.060, 2.26.070 or 2.26.080, whichever is applicable. (Ord. 1641, § 1 (part), 2003; Ord. 1512 § 1 (part), 1997)
(Ord. 1641, Repealed, 08/08/2003; Ord. 1641, Amended, 08/08/2003)
2.26.100 Funding for Reports and Studies
Each city lobbyist, city lobbying firm and city lobbyist employer who submits any study, analysis or other report to any city official for the purpose of influencing official action, shall, along with the presentation of such study, analysis or other report, disclose in writing the identity of each person, firm or other entity who in whole or in part funded the development of such study, analysis or other report, and the amount of funding provided by each such person, firm or entity. (Ord. 1641, § 1 (part), 2003; Ord. 1512 § 1 (part), 1997)
(Ord. 1641, Repealed, 08/08/2003)
2.26.110 Duties of City Clerk/Public Records
A. The information provided in registration statements and annual reports filed pursuant to this chapter shall be compiled by the city clerk and shall be forwarded to the city council and city manager within 10 days of receipt of said statements and reports.
B. Not later than May 30 of each year, the city clerk shall file an annual report with the city council, compiling the information set forth in registration statements and annual reports filed by city lobbyists, city lobbyist firms and city lobbyist employers.
C. All statements and reports filed with the city clerk shall be preserved by the city clerk for a period of five (5) years from the date of filing. Such statements and reports required to be filed pursuant to this chapter shall be a public record subject to disclosure under the provisions of the California Public Records Act. (Ord. 1641, § 1 (part), 2003)
(Ord. 1641, Added, 08/08/2003; Ord. 1641, Amended, 08/08/2003)
2.26.120 Recordkeeping
City lobbyists, city lobbying firms, and city lobbyist employers who receive payments, make payments or incur expenses or expect to receive payments, make payments or incur expenses in connection with activities which are reportable pursuant to this chapter shall keep such detailed accounts, records, bills and receipts as are necessary to allow them to make timely accurate reports of their activities as required by this chapter. (Ord. 1641, § 1 (part), 2003)
(Ord. 1641, Added, 08/08/2003)
2.26.130 Gift Prohibitions
No city lobbyist, city lobbying firm or city lobbyist employer shall make to a city official and no city official shall knowingly receive from a registered city lobbyist, registered city lobbying firm or registered city lobbyist employer, a gift or gifts aggregating more than $50.00 in any calendar month. No city lobbyist, city lobbying firm or city lobbyist employer shall act as an agent or intermediary in the making of any such gift or arrange for the making of any such gift by any other person. (Ord. 1641, 2003)
(Ord. 1641, Added, 09/02/2003; Ord. 1641, Added, 08/08/2003)
2.26.140 General Prohibitions
No city lobbyist, city lobbying firm or city lobbyist employer shall do any of the following:
A. Do anything with the purpose of placing any city official under personal obligation to the city lobbyist, the city lobbying firm, city lobbyist employer or to the employer of the city lobbyist, city lobbying firm or city lobbyist employer;
B. Deceive or attempt to deceive any city official with regard to any material fact pertinent to any pending or proposed official action;
C. Cause or influence the introduction of any matter for consideration by the city as official action for the purpose of thereafter being employed to influence the occurrence or non-occurrence of such official action;
D. Attempt to create a fictitious appearance of public favor or disfavor of any proposed official action or to cause any communication to be sent to any city official in the name of any fictitious person or in the name of any real person without the consent of such person;
E. Represent, either directly or indirectly, that the city lobbyist, city lobbying firm or city lobbyist employer can control the official action of any city official;
F. Accept or agree to accept any payment in any way contingent upon success by the city lobbyist, city lobbying firm or city lobbyist employer in influencing official action. (Ord. 1641, 2003)
(Ord. 1641, Added, 08/08/2003)
2.26.150 Filing Fees
A. Each city lobbyist, city lobbying firm and city lobbyist employer or other person or entity filing a registration statement pursuant to Sections 2.26.020, 2.26.030 or 2.26.040 shall pay a filing fee as may be established by resolution of the city council from time to time.
B. Each city lobbyist, city lobbying firm and city lobbyist employer or other person or entity filing an amended registration statement pursuant to Section 2.26.050 shall pay a filing fee as may be established by resolution of the city council from time to time.
C. Each city lobbyist, city lobbying firm and city lobbyist employer or other person or entity filing an annual report pursuant to Sections 2.26.060, 2.26.070 or 2.26.080 shall pay a filing fee as may be established by resolution of the city council from time to time. Notwithstanding the above, any city lobbyist, city lobbying firm or city lobbyist employer who files its registration statement with the city clerk within thirty days of April 1 shall not be required to pay the annual report filing fee for that year. This provision shall not be construed to relieve any city lobbyist, city lobbying firm or city lobbyist employer from the obligation to file an annual report by April 1, regardless of when a registration statement is filed.
D. If any such filing is made beyond its due date and after an investigation the city clerk concludes that the filer is in violation of any provision of this chapter, in addition to the regular filing fee set forth in this section, there shall be an additional fee as may be established by resolution of the city council from time to time.
E. No filing fee shall be required for filing a notice of termination or a final annual report as provided in Section 2.26.050 above. (Ord. 1641, 2003)
(Ord. 1641, Added, 08/08/2003)
2.26.160 Appearance Before Legislative Body–Disclosure
A city lobbyist, representative of a city lobbying firm or city lobbyist employer, or other person subject to the requirements of this chapter shall, whenever appearing at a public meeting before the city council, planning commission or any other legislative body of the city for the purpose of influencing official action as a city lobbyist, or a representative of a city lobbying firm or city lobbyist employer, shall (i) publicly disclose to the legislative body his or her identity, (ii) publicly disclose his/her firm or employer, (iii) publicly disclose that he/she is appearing before the legislative body as a city lobbyist or representative of a city lobbying firm or city lobbyist employer, and (iv) publicly disclose the subject for which he/she is performing lobbying activity. (Ord. 1641, 2003)
(Ord. 1641, Added, 08/08/2003)
2.26.170 Enforcement
A. Any person may file a charge with the city clerk that any city lobbyist, city lobbying firm, city lobbyist employer or other person or entity has violated any provision of this chapter. Upon receiving a charge that a person or entity has violated this chapter, the city clerk shall refer the alleged violation to the city council and city manager.
B. The city council shall set a hearing on the alleged violation and provide the alleged violator with not less than 10 days written notice prior to the hearing date. If the city council finds, after a public hearing where the alleged violator may be heard, that a violation of this chapter has occurred, the council may impose the following sanctions:
1. Each person who has failed to comply with the requirements of this chapter shall be refused permission to address the city council or any city commission, except on his or her own behalf, during such period as such failure to comply with this chapter continues;
2. Each person or entity on whose behalf the city lobbyist, city lobbying firm, city lobbyist employer or other person or entity acted in violation of this chapter shall be denied the city contract, amendment, application, permit, appeal, petition, grant, license or franchise which was the objective of the city lobbying activities performed in violation of this chapter;
3. Each person or entity who has failed to comply with the requirements of this chapter shall be liable in a civil action brought by the city for an amount up to $1000.00 for each such failure to comply.
4. The registration of each city lobbyist, city lobbying firm or city lobbyist employer who fails to comply with the requirements of this chapter shall be terminated and such city lobbyist, city lobbying firm or city lobbyist employer shall not be permitted to again register as a city lobbyist, city lobbying firm or city lobbyist employer until such person has satisfied all other penalties imposed under this section.
C. In addition to the above sanctions, the city attorney may institute such legal action at such time as he or she deems necessary to prosecute, enjoin, or to redress a violation of any of the provisions of this chapter.
D. The city council may develop rules for the administration of this chapter by ordinance or resolution consistent with the provisions and purposes of this chapter. (Ord. 1641, 2003)
(Ord. 1641, Added, 08/08/2003)
2.26.180 Applicability of Other Laws
Nothing in this chapter shall exempt any city lobbyist, city lobbying firm, city lobbyist employer or other person subject to this chapter from, or excuse such person’s noncompliance with applicable provisions of any other laws of the State or any other jurisdiction. (Ord. 1641, 2003)
(Ord. 1641, Added, 08/08/2003)