CHAPTER 5C
LOBBYING
5C.1 Findings.
The City Council finds as follows:
A. City Government functions to serve the needs of all citizens.
B. The citizens of the City of Fairfield have a right to know the identity of interests which attempt to influence decisions of City government, as well as the means employed by those interests.
C. All persons engaged in compensated lobbying activities aimed at influencing decisions by City government must, when so engaged, be subject to the same regulations, restrictions and requirements, regardless of their background, training or other professional qualifications or license.
D. Complete public disclosure of the full range of activities by and financing of lobbyists and those who employ their services is essential to the maintenance of citizen confidence in the integrity of local government.
E. It is in the public interest to ensure that lobbyists do not misrepresent facts, their positions, or attempt to deceive officials through false communications, do not place City officials under personal obligation to themselves or their clients, and do not represent that they can control the actions of City officials. (Ord. No. 2008-05, § 1.)
5C.2 Lobbying – Defined.
“Lobbyist” shall mean any individual, organization, or business entity that is employed or retained or who contracts for economic or other consideration to communicate with any officer, employee, or elected official of the City of Fairfield for the purpose of influencing a legislative or administrative action on behalf of any other person. (Ord. No. 2008-05, § 1.)
5C.3 Exemptions.
The following persons are exempt from the requirements of this Chapter:
A. Any public official acting in his or her official capacity, and any government employee acting within the scope of his or her employment.
B. A newspaper or other regularly published periodical, website, radio or television station or network, including any individual who owns, publishes or is employed by such newspaper, website, periodical or station or network, when, in the ordinary course of its business, it publishes or broadcasts news, editorials or other comments, or paid advertising, which directly or indirectly attempts to influence action on municipal legislation. This exemption does not apply to any other action by any such newspaper, periodical, station or network, or by any such person, to attempt to influence municipal legislation, if such activity is otherwise regulated by this Chapter.
C. A person acting without any compensation or consideration other than reimbursement or payment of reasonable travel expenses.
D. A person or organization that contracts with the City to provide consulting services to the City related to an election.
E. A person or organization who contracts with the City to represent the City in matters before any other governmental body.
F. A person who is employed by a business entity or organization who advocates on behalf of that entity or organization, rather than a third party, and who clearly identifies his or her employment by that entity or organization in all dealings with the City. (Ord. No. 2008-05, § 1.)
5C.4 Prohibitions.
No lobbyist subject to the requirements of this Chapter shall:
A. Do any act with the purpose and intent of placing any City official under personal obligation to the lobbyist, the lobbying firm, or to the lobbyist’s or firm’s employer or client.
B. Fraudulently deceive or attempt to deceive any City official with regard to any material fact pertinent to any pending or proposed municipal legislation.
C. Cause or influence the introduction of any municipal legislation for the purpose of thereafter being employed or retained to secure its passage or defeat.
D. Cause any communication to be sent to any City official in the name of any nonexistent person or in the name of any existing person without the consent of such person. (Ord. No. 2008-05, § 1.)
5C.5 Registration and Reporting Statements.
A. Registration Statement. Prior to conducting any activities for the purpose of influencing any action by the City of Fairfield, any lobbyist shall register with the City Clerk by filing a written statement containing:
1. The lobbyist’s full name, business address and telephone number;
2. The name, business address and telephone number of any individual or entity by whom the lobbyist is employed or with whom he or she contracts to perform lobbying services in the City; and
3. A description of the subject matter of the lobbyist’s engagement.
B. Reporting Statement. Every six months, the lobbyist shall file a written statement with the City Clerk reporting the compensation received for lobbying activities within the City of Fairfield. The Report shall list all sources of compensation for lobbying activities, and the amount of compensation received from each source. The Reporting Statement shall be filed according to the following schedule:
1. By July 31 of each year, the lobbyist shall submit a Reporting Statement reflecting the compensation received between January 1 and June 30 in the same year.
2. By January 31 of each year, the lobbyist shall submit a Reporting Statement reflecting the compensation received between July 1 and December 31 in the immediately preceding year. (Ord. No. 2008-05, § 1.)
5C.6 Registration Fee.
The City Clerk may charge a fee for the filing, amendment, and/or renewal of a registration, the amount of which shall be determined by resolution of the City Council. (Ord. No. 2008-05, § 1.)
5C.7 Registration – Time.
Every lobbyist required to file a registration statement under this chapter shall register with the City Clerk no later than ten days after being engaged as a lobbyist, and shall renew the registration annually as required by this Chapter. (Ord. No. 2008-05, § 1.)
5C.8 Registration – Duration.
Registration shall be renewed with the City Clerk on an annual basis between July 15th and July 31st of each year. Registration shall be valid for one year. (Ord. No. 2008-05, § 1.)
5C.9 Amendment of Registration Information.
If any change occurs concerning any of the registration information required to be filed by this Chapter, the lobbyist shall file an amendment reflecting the change within ten days of the change. (Ord. No. 2008-05, § 1.)
5C.10 Notice of Termination.
Lobbyists may file a notice of termination with the City Clerk within ten days after ceasing all activity which required registration. (Ord. No. 2008-05, § 1.)
5C.11 Penalties.
A. Any person who violates any of the provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $1,000 per violation. As an alternative to the criminal enforcement of this Chapter, any person who violates any of the provisions of this Chapter shall be subject to the issuance of an Administrative Citation pursuant to Sections 1.10 to 1.18 of this Code. Notwithstanding the provisions of Section 1.12(d), the amount of the fine to be assessed for a violation of this Chapter shall be $1,000 per violation.
B. In any judicial proceeding to enforce the provisions of this Chapter, if a court determines that a violation was intentional, the court may order that the defendant be prohibited from acting as a lobbyist or otherwise attempting to influence municipal legislation for one year.
C. If two or more persons are responsible for any violation, they shall be jointly and severally liable. (Ord. No. 2008-05, § 1.)