Chapter 2.26


2.26.010    Definitions.

2.26.020    Registration required.

2.26.030    Fees.

2.26.040    Registration statement – Contents.

2.26.050    Registration amendment.

2.26.060    Termination.

2.26.070    Exemptions.

2.26.080    Gift prohibitions.

2.26.090    General prohibitions.

2.26.100    Disclosure before legislative body.

2.26.110    Duties of the city clerk.

2.26.120    Enforcement.

2.26.130    Applicability of other laws.

2.26.010 Definitions.

Unless otherwise apparent from the context, the words and phrases used in this chapter are defined as follows:

“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 the city who, as part of his or her official duties, participates in the consideration of any official action other than in a purely clerical, secretarial or ministerial capacity.

“Lobbyist” means any person 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.

“Person” means an individual, proprietorship, firm, syndicate, committee, labor organization, joint venture, joint stock company, partnership, association, club, company, limited liability company, corporation, business trust, or any other organization or group of persons acting in concert.

“Responsible person” means the partner, owner, or officer who is responsible for filing statements on behalf of the lobbyist when a lobbyist is other than a natural person. (Ord. 1726 § 1 (part), 2011)

2.26.020 Registration required.

A. Every lobbyist shall register by filing a registration statement with the city clerk no later than ten days after becoming a city lobbyist.

B. Unless a notice of termination is filed pursuant to Section 2.26.060, each lobbyist shall be required to renew its registration on an annual basis on or before April 1st of each year, except that lobbyists that file their initial registration within thirty days of April 1st shall not be required to file a renewal until April 1st of the following year. (Ord. 1726 § 1 (part), 2011)

2.26.030 Fees.

Each lobbyist required to file a registration statement and a renewal statement under this chapter shall be charged a fee in an amount set by resolution of the city council. (Ord. 1726 § 1 (part), 2011)

2.26.040 Registration statement – Contents.

The registration statement shall contain the following:

A. If the filer is an individual, the full name, business address and telephone number of the filer and the name and address of the filer’s employer, if any;

B. If the filer is a person other than an individual, the full name, business address and telephone number of: the filer; of each person who will be providing lobbying services on behalf of the lobbyist; and of the responsible person;

C. The name and address of each current client for whom lobbying is or will be performed and the official action the client is being employed to influence on behalf of that client;

D. A statement signed by each individual, responsible person, and person named pursuant to subsection B of this section as a person who will provide lobbying services that the person has read and understands the prohibitions contained in Sections 2.26.080 and 2.26.090. (Ord. 1726 § 1 (part), 2011)

2.26.050 Registration amendment.

A. If any changes occur in any of the information contained in a registration or renewal statement, an amended registration statement shall be filed with the city clerk by the tenth day of the month following the month in which the change occurred.

B. If the change includes the addition of the name of a client, then the amended registration statement must be filed prior to the lobbyist engaging in lobbying services as set forth in this chapter. (Ord. 1726 § 1 (part), 2011)

2.26.060 Termination.

Lobbyists which cease all activity which required registration shall file a notice of termination within twenty days after such cessation. (Ord. 1726 § 1 (part), 2011)

2.26.070 Exemptions.

The provisions of this chapter are not applicable to:

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. Any newspaper or other periodical of general circulation, book publisher, radio, television or cable station (including any individual who owns, publishes, or is employed by any such newspaper or periodical, radio, television or cable station) which in the ordinary course of business publishes news items, editorials, or other comments, or paid advertisement, which directly or indirectly urge action upon official actions;

C. A person when representing a bona fide religious institution or society solely for the purpose of protecting the public’s right to practice the doctrines of such institution or society;

D. A person when representing a duly organized not-for-profit charitable, religious, civic, patriotic, or community service organization;

E. A person whose activity is limited to meeting with city staff or appearing at public hearings on behalf of an application for a permit or license to provide translation services or to present architectural or engineering plans or drawings. (Ord. 1726 § 1 (part), 2011)

2.26.080 Gift prohibitions.

No lobbyist shall make to a city official and no city official shall knowingly receive from a registered lobbyist a gift or gifts aggregating more than fifty dollars in any calendar month. No lobbyist 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. 1726 § 1 (part), 2011)

2.26.090 General prohibitions.

No lobbyist shall do any of the following:

A. Do anything with the purpose of placing any city official under personal obligation of the lobbyist;

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 nonoccurrence 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 lobbyist 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 lobbyist. (Ord. 1726 § 1 (part), 2011)

2.26.100 Disclosure before legislative body.

A lobbyist, 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, shall publicly disclose the following:

A. His or her identity as a lobbyist;

B. The name of his employer;

C. The name of the client;

D. The subject for which he or she is performing lobbying activity. (Ord. 1726 § 1 (part), 2011)

2.26.110 Duties of the city clerk.

A. The information provided in registration statements filed pursuant to this chapter shall be compiled by the city clerk and shall be forwarded to the city council and city manager within ten days of receipt.

B. In May of each year, the city clerk shall file an annual report with the city council, compiling the information filed by lobbyists who have reregistered in accordance with this chapter.

C. All statements filed by the city clerk under this chapter shall be preserved by the city clerk for a period of five years from the date of filing. Such reports and statements shall constitute part of the public records of the city clerk’s office and shall be open to public inspection. (Ord. 1726 § 1 (part), 2011)

2.26.120 Enforcement.

The city attorney may institute such legal action at such time as he or she deems necessary to prosecute, enjoin, or redress a violation of any of the provisions of this chapter. (Ord. 1726 § 1 (part), 2011)

2.26.130 Applicability of other laws.

Nothing in this chapter shall exempt any lobbyist from or excuse such lobbyist’s noncompliance with applicable provisions of any other laws of the state or any other jurisdiction. (Ord. 1726 § 1 (part), 2011)