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HomeMy WebLinkAboutMunicipal Advocate Registration Support Documents(0, �% Earth Systems Consultants �r Northern California January 27, 1995 Ms Diane Gladwell City Clerk 990 Palm Street San Luis Obispo, CA 93401 SUBJECT: MUNICIPAL ADVOCATE REGISTRATION FORM Dear Ms Gladwell: 4378 Santa Fe Road San Luis Obispo, CA 93401 (805) 544 -3276 FAX (805) 544 -1786 Per the instruction of Dennis Shallenberger of our firm, we have reproduced the subject form. The completed version would be word - processed and laser printed onto our letterhead. Enclosed is our version of the form for your approval. We don't anticipate advocating for more than one client at a time, therefore, we have included a single block for client information on the front of the form. Please review the enclosed and, if it meets with your approval, indicate your authorization on the form. A SASE is also enclosed for your convenience. Thank you for your time. Sincerely, Earth Systems Consultants Northern California M1 I A M1 ', 1995 CITY G', EERW R R M D E S I G N G R O U P Architecture • Planning • Engineering • Interiors • Landscape Architecture Letter of Transmittal City of San luis Obispo Date: 1/26/95 Office of City Clerk job: A94033 A94034 Attention: City Clerk We Transmit: IN Herewith Via: Post ❑ In Accordance with your Request: For Your: ❑ Approval ❑ Reviews & Comment ❑ Use The Following: ❑ Drawings ❑ Specifications ❑ Change Order ❑ Distribution to Parties IN Record CI ❑ Shop Drawing Prints ❑ Shop Drawing Reproducibles K Forms No. of Copies: Date: Description: 1 1/26 Municipal advocate reg. form ❑ Information ❑ Letter ❑ Product Literature Action Code: Action Code: A. No Action Indicated on ItemTraasmitted C Fm signatmr and Remm to Ihis Oflim E see "Rernmks' Relou, R. No Action Required P, For sisnanue and Foiuvudin,� o: Nosed Relow hider "Rrmwks:' Remarks: The city requires this registration in order to "advocate" on behalf of the specific legislative act such a a general plan amendment. Copies To: M14 ba loam[", Dr. J. Gealy __ ❑ R. Cahan I ❑ a To `�t. . V qtr. Victor Montgomery 3026 South Higuera Street, San Luis Obispo, California 93401 805/543-1794 S'I'T}/ CI ERK 1012 - itth Street, Modesto, California 95)54 2097544-1794 SAN LUIS OBISr O. CA A GJifouua Ceq—a ioa San Luis Obispo Municipal Code Chapter 2.64 MUNICIPAL ADVOCATES Sections: 2.64.010 Purpose and intent. 2.64.020 Definitions. 2.64.030 Exemptions. 2.64.040 Registration of municipal advocates. 2.64.050 Registration requirements. 2.64.060 Powers and duties of the city clerk. 2.64.070 Disclosure. 2.64.080 Municipal advocacy by former city officers or employees. 2.64.090 Violation and penalty. 2.64.100 Severability. 2.64.010 .Purpose and intent. The city recognizes that municipal advocates do not have public authority, but they may have significant influence on the city, and the public has a right to know who is being paid to influence the decisions being made by the city, and any financial relationships between those who are being influenced and those who are trying to influence them The purpose and intent of this chapter is to provide a procedure whereby persons acting as municipal advocates are required to register and provide sufficient information so that complete disclosure of principals and other parties in interest represented by such municipal advocates may become a public record for the information of the city council and the general public. It is not the intent of this chapter to discourage nor prohibit the exercise of constitutional rights. (Ord. 1271 § 1, 1994) 2.64.020 Definitions. A. The following persons are deemed to be municipal advocates and shall be subject to the provisions of this chapter: 1. Municipal Advocate. Any person, business entity or other organization, including an individual contract lobbyist, which contracts for economic consideration to communicate with any officer or employee of the City of San Luis Obispo for the purpose of influencing local legislative or discretionary action on behalf of any other person. 2. In -House Municipal Advocate. Any business or organization, any of whose employees or members, as a part of their employment, communicate with any officer or employee of the City of San Luis Obispo for the purpose of influencing local legislative or discretionary action on behalf of that business or organization. B. The requirements of this chapter shall not apply where employees or members indicate affiliation or identification with a business or organization, but do not represent the official position of the business or organization. (Ord. 1271 § 1, 1994) 2.64.030 Exemptions. Printed from Polio Views Pagel San Luis Obispo Municipal Code The term "municipal advocate" shall not include: A. A public official or employee acting in an official capacity; B. ' A person representing a nonprofit organization applying for a grant -in -aid from the City of San. Luis Obispo; C. A person specifically invited by the city council, or by any board or commission, for the purpose of giving testimony in aid of the body extending the invitation; D. Any person, business entity, or other organization which submits a bid or proposal to the city in response to a solicitation initiated by the city; E. Any newspaper or other regularly published periodical, radio or television station (including any individual who owns, publishes or is employed by any such newspaper, 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 action upon municipal decisions, if such newspaper, periodical, radio or television station or individual engages in no further or other activities in connection with action upon such municipal decision; F. A person acting on behalf of others in the performance of a duty or service, which duty or service lawfully can be performed for such other only by an attorney, architect, or engineer licensed to practice in the State of California. (Ord. 1271 § 1, 1994) 2.64.040 Registration of municipal advocates. No municipal advocate shall communicate with any officer or employee of the city for the purpose of influencing local legislative or discretionary action on behalf of any other person without first registering with the city clerk. (Ord. 1271 § 1, 1994) 164.050 Registration requirements. A. At the time of registration, each municipal advocate shall file with the city clerk the following: 1. The full name and city of residence of the municipal advocate; 2. The name, address and phone number of the principal place of business of the municipal advocate; 3. The occupation of the municipal advocate. If the filer is a business or organization, a specific description of the business or organization in sufficient detail to inform the reader of the nature and purpose of the business or organization; 4. The name, address and phone number of each current client subject to the provisions of this chapter; 5. The proposed local legislative or discretionary action the municipal advocate is employed to support or oppose, and the client on whose behalf the municipal advocate is employed for each proposed local legislative or discretionary action; 6. Any other information required by the city clerk necessary to carry out the purposes and provisions of this chapter. B. All information required under this section shall be filed with the city clerk on forms provided by the city clerk. Filing may be in person or by mail. The individual who files shall swear to the accuracy and completeness of the information under penalty of perjury. (Ord. 1271 § 1, 1994) 2.64.060 Powers and duties of the city clerk. Printed from Folio Views Page2 San Luis Obispo Municipal Code A. The city clerk shall have the authority to develop all forms and procedures necessary to carry out the purposes and provisions of this chapter. B. The city clerk shall issue a "notice of registration required" upon the written request of any officer of the city if there is a reasonable basis to conclude that the requirement to register pursuant to Section 2.64.040 has not been met. Any person who in good faith and on reasonable grounds believes that compliance with this chapter is not required by reason of being exempt under Section 2.64.030, or for other cause, shall not be in violation of this chapter if, within fifteen days after receipt of notice from the city clerk, that person either complies or furnishes satisfactory evidence to the city clerk to establish that said person is exempt from registration. (Ord. 1271 § 1, 1994) 2.64.070 Disclosure. Any person required to register under this chapter who speaks at a public meeting or public hearing before the city council or any board, commission, committee, or official of the city for the purpose of influencing local legislative or discretionary action on behalf of any other person shall first orally disclose that said person is registered as a municipal advocate pursuant to this chapter, and identify the party or parties represented. (Ord. 1271 § 1, 1994) 2.64.080 Municipal advocacy by former city officers or employees. No city officer or employee shall, after the termination of service or employment with the city, appear as a municipal advocate before any board, commission, committee or agency of the city, including the city council, in relation to any case, proceeding, application, or contract, in which he or she personally participated during the period of his or her service or employment, or which was under his or her active consideration, for a period of two years from the date of termination of his or her employment with the city. (Ord.. 1271 § 1, 1994) 2.64.090 Violation and penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction, and subject to the penalty provided for in Chapter 1.12 of this code. (Ord. 1271 § 1, 1994) 2.64.100 Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 1271 § 1, 1994) Printed from Folio Views Page3 10/04/11 Courtney Kienow San Luis Obispo Director of Government Affairs Chamber of Commerce 4/2/4/12 Patricia Wilmore Templeton Pacific Gas & Electric g:\groups\cierk\muni.advladvomw (7V \98) SAN LUIS OBISPO CITY CLERK'S OFFICE MUNCIPAL ADVOCATES Date Advocate From Occupation 10/28/97 Marty Tangeman SLO attorney for Downtown Center 10/28/97 Jim Sarger SLO The Forum owner 1/20/98 Bill Walter SLO attorney - Walter & Bornholdt for Albertson's 7/7/98 Victor Montalban SLO Telecommunications 4/5/99 John French SLO Realtor representing various Airport & Margarita Area residents, Soda Works, Mid -Coast Land Co. 4/20/99 Michael Morris SLO Attorney representing Dalidio Family Members 4/20/99 Dennis D. Law " SLO Attorney representing Dalideo Family and Marigold Center LLC 10/5/99 Steve Nukes Morro Bay Consultant for KidzPlay 10/5/99 Monte Cool Arroyo Grande Legal Counsel for KidzPlay 1/18/2000 Terry Orton Grover Beach 1855 Prefumo Canyon Road, Civil Engineer 11/11/00 Patricia Wilmore San Luis Obispo Director of Government Affairs Chamber of Commerce 2/6/01 Alexander Henson San Luis Obispo Attorney for Environmental Defense Center ( Dalidio Annex) 6/15/01 Robert Strong Planning Consultant Atascadero John Atiya, Nipool Patel, Justin Helms, Arnold Volney, Mark and Camille Small, Randy Pold 6/18/02 Victor Montgomery Architect SLO Albertson's 6/20/02 Jesse Lee Atascadero PG &E 7/20/10 Suzanne Parker SLO Central Cost, Energy Industry MUNICIPAL ADVOCATE REGISTRATION FORM Any person engaged in Municipal Advocacy as defined by SLO Municipal Code Section 2.64.020 is required to register with the City Clerk. This form shall remain in full force and effect until such time as the Municipal Advocate notifies the City Clerk of termination of such status. DATE: NAME: CITY OF RESIDENCE: OCCUPATION: PRINCIPAL PLACE OF BUSINESS: NATURE & PURPOSE OF BUSINESS OR ORGANIZATION: ADDRESS: CLIENT: PHONE: CLIENT'S ADDRESS: PHONE: LEGISLATIVE ACTION YOUR CLIENT HAS AN INTEREST IN INFLUENCING: DATE NO LONGER ACTIVE FOR CLIENT ON THIS ISSUE: I swear, under penalty of perjury, that the information provided herein is correct. Signature of Municipal Advocate U/Municipal Advocate/Form SAN LUIS OBISPO CITY CLERK'S OFFICE MUNCIPAL ADVOCATES Date Advocate From Occupation 10/28/97 Marty Tangeman SLO attorney for Downtown Center 10/28/97 Jim Sarger SLO The Forum owner 1/20/98 Bill Walter SLO attorney - Walter & Bornholdt for Albertson's 7/7/98 Victor Montalban SLO Telecommunications 4/5/99 John French SLO Realtor representing various Airport & Margarita Area residents, Soda Works, Mid -Coast Land Co. 4/20/99 Michael Morris SLO Attorney representing Dalidio Family Members 4/20/99 Dennis D. Law SLO Attorney representing Dalideo Family and Marigold Center LLC 10/5/99 Steve Nukes Morro Bay Consultant for KidzPlay 10/5/99 Monte Cool Arroyo Grande Legal Counsel for KidzPlay 1/18/2000 Terry Orton Grover Beach 1855 Prefumo Canyon Road, Civil Engineer 3/15/00 Patricia Wilmore San Luis Obispo Director of Government Affairs Chamber of Commerce 2/6/01 Alexander Henson San Luis Obispo Attorney for Environmental Defense Center ( Dalidio Annex) 6/15/01 Robert Strong Planning Consultant Atascadero John Atiya, Nipool Patel, Justin Helms, Arnold Volney, Mark and Camille Small, Randy Pold 6/18/02 Victor Montgomery Architect SLO Albertson's 6/20/02 Jesse Lee Atascadero PG &E 7/20/10 Suzanne Parker SLO Central Cost, Energy Industry 10/04/11 Courtney Kienow San Luis Obispo Director of Government Affairs Chamber of Commerce 4/24/12 Patricia Wihnore Templeton Pacific Gas & Electric g: \groups \clerk\muni.adv\advocate (7 \9\98) SAN LUIS OBISPO CITY CLERK'S OFFICE MUNCIPAL ADVOCATES Date Advocate From Occupation 10/28/97 Marty Tangeman SLO attorney for Downtown Center 10/28/97 Jim Sarger SLO The Forum owner 1/20/98 Bill Walter SLO attorney - Walter & Bomholdt for Albertson's 7/7/98 Victor Montalban SLO Telecommunications 4/5/99 John French SLO Realtor representing various Airport & Margarita Area residents, Soda Works, Mid -Coast Land Co. 4/20/99 Michael Morris SLO Attorney representing Dalideo Family Members 4/20/99 Dennis D. Law SLO Attorney representing Dalideo Family and Marigold Center LLC 10/5/99 Steve Nukes Morro Bay Consultant for KidzPlay 10/5/99 Monte Cool Arroyo Grande Legal Counsel for KidzPlay 1/18/2000 Terry Orton Grover Beach 1855 Prefumo Canyon Road, Civil Engineer 3/15/00 Patricia Wilmore jo-b San Luis Obispo Director of Government Affairs Chamber of Commerce 2/6/01 Alexander Henson San Luis Obispo Attorney for Environmental Defense Center ( Dalidio Annex) 6/15/01 Robert Strong Planning Consultant Atascadero John Atiya, Nipool Patel, Justin Helms, Arnold Volney, Mark and Camille Small, Randy Pold 6/18/02 Victor Montgomery Architect SLO Abertson's 6/20/02 Jesse Lee Atascadero PG &E SAN LUIS OBISPO CITY CLERK'S OFFICE MUNCIPAL ADVOCATES Date Advocate From Occupation 10/28/97 Marty Tangeman SLO attorney for Downtown Center 10/28/97 Jim Sarger SLO The Forum owner 1/20/98 Bill Walter SLO attorney - Walter & Bornholdt for Albertson's �T.�,.,�.�,�c - y �,� ov. G r g: \groups \clerk\muni.adv \advocate (7 \08 \96) Page 1 of 1 Julie O'Connor - Municipal Advocate From: Julie O'Connor To: jeddy @nmgovlaw.com Date: 10/10/2005 5:03 PM Subject: Municipal Advocate Jenny, I spoke with our City Attorney regarding your question about what constitutes discretionary action. Below is his response. A discretionary action is one where some approval is sought; the approval may or may not be granted; it is evaluated in light of current laws, regulations and standards; and conditions may be imposed upon such approval. Examples are an architectural review permit, a conditional use permit, or a tentative subdivision map. Basically, approval is granted only after some discretion is exercised by a City body, be it the planning commission, architectural review commission or City Council, Similarly, a legislative action is one where the Council (and sometimes other advisory bodies) adopts a new law that applies to everyone. Again, discretion is involved because the Council can choose not to impose new legislation. So, our code requires municipal advocates, who seek to influence legislative or discretionary actions, to register and pay a fee. In this way, the public knows who is paying whom to influence decisions of the Council and advisory bodies. Municipal advocates do not come into play for ministerial actions, e.g., a building permit where (supposedly) discretion is not in volved, the applicant either meets code requirements or doesn't. Other ministerial actions are business licenses, parking permits, and other approvals where, if one meets the basic requirements, a permit is issued without further questions. There no need to exercise any discretion. If you have any questions, please let me know. Julie O'Connor Deputy City Clerk City of San Luis Obispo file: / /C:\ Documents% 20and% 20Settings \slouser\Local %20Settings \Temp \GW }OOOOI.H... 10/10/2005 Page 1 of 1 Julie O'Connor - Question regarding Municipal Code - Municipal Advocate From: Julie O'Connor To: Lowell, Jonathan P Date: 10/10/2005 4:22 PM Subject: Question regarding Municipal Code - Municipal Advocate CC: Hooper, Audrey Jonathan, I received a phone call this afternoon and need an explanation or some direction from you before I can respond to their question.... The question they are asking is "what constitutes discretionary action as outlined in the definition under Section 2.64.020 A 1. - Municipal Advocate" (I've attached that section of the municipal code for your review, however, I have typed the definition below) Municipal Advocate definition states: any person, business entity or other organization, including an individual contract lobbyist, which contracts for economic consideration to communicate with any officer or employee of the City of San Luis Obispo for the purpose of influencing local legislative or discretionary action on behalf of any other person. Please let me know how I should respond. Also, in discussing this with Audrey and depending on your response, is this something that should be outlined further in this section of the municipal code? Julie rX file: //C:\ Documents% 20and% 20Settings \slouser\Local %20Settings \Temp \GW }OOOO1.H... 10/10/2005 Document �� iW' U l Ll t— CA 1`te°(vl1 1'1 ) Page 1 of 2 6DI PAP _ 0+2.64.02o 44 Definitions. A. The following persons are deemed to b municipal advocates and shall be subject to the provisions of this chapter: 1. Municipal Advocate. Any perso , business entity or other organization, including an individual contract lobbyist, which contracts for economic consideration to communicate with any officer or employee of the City of San Luis Obispo for the purpose of influencing local legislative orkliscreLionary action on behalf of any other person. 2. In -House Municipal Advocate. Any business or organization, any of whose employees or members, as a part of their employment, communicate with any officer or employee of the City of San Luis Obispo for the purpose of influencing local legislative or discretionary action on behalf of that business or organization. B. The requirements of this chapter shall not apply where employees or members indicate affiliation or identification with a business or organization, but do not represent the official position of the business or organization. (Ord. 1271 § 1, 1994) 2.64.030 Exemptions. The term "municipal advocate" shall not include: A. A public official or employee acting in an official capacity; B. A person representing a nonprofit organization applying for a grant -in -aid from the City of San Luis Obispo; C. A person specifically invited by the city council, or by any board or commission, for the purpose of giving testimony in aid of the body extending the invitation; D. Any person, business entity, or other organization which submits a bid or proposal to the city in response to a solicitation initiated by the city; E. Any newspaper or other regularly published periodical, radio or television station (including any individual who owns, publishes or is employed by any such newspaper, 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 action upon municipal decisions, if such newspaper, periodical, radio or television station or individual engages in no further or other activities in connection with action upon such municipal decision; F. A person acting on behalf of others in the performance of a duty or service, which duty or service lawfully can be performed for such other only by an attorney, architect, or engineer licensed to practice in the State of California. (Ord. 1271 § 1, 1994) 2.64.040 Registration of municipal advocates. No municipal advocate shall communicate with any officer or employee of the city for the purpose of influencing local legislative or discretionary action on behalf of any other person without first registering with the city clerk. (Ord. 1271 § 1, 1994) 2.64.050 Registration requirements. A. At the time of registration, each municipal advocate shall file with the city clerk the following: 1. The full name and city of residence of the municipal advocate; 2. The name, address and phone number of the principal place of business of the municipal advocate; 3. The occupation of the municipal advocate. If the filer is a business or organization, a specific description of the business or organization in sufficient detail to inform the reader of the nature and purpose of the business or organization; 4. The name, address and phone number of each current client subject to the provisions of this chapter; 5. The proposed local legislative or discretionary action the municipal advocate is employed to support or oppose, and the client on whose behalf the municipal advocate is employed for each proposed local legislative or discretionary action; 6. Any other information required by the city clerk necessary to carry out the purposes and provisions of this chapter. B. All information required under this section shall be filed with the city clerk on forms provided by the city clerk. Filing may be in person or by mail. The individual who files shall swear to the accuracy and completeness of the information under penalty of perjury. (Ord. 1271 § 1, 1994) 2.64.060 Powers and duties of the city clerk. A. The city clerk shall have the authority to develop all forms and procedures necessary to carry out the purposes and provisions of this chapter. B. The city clerk shall issue a "notice of registration required" upon the written request of any officer of the city if there is a reasonable basis to conclude that the requirement to register pursuant to Section 2.64.040 has not been met. Any person who in good faith and on reasonable grounds believes that compliance with this chapter is not required by reason of being exempt under Section 2.64.030, or for other cause, shall not be in violation of this chapter if, within fifteen days after receipt of notice from the city clerk, that person either complies or furnishes satisfactory evidence to the city clerk to establish that said person is exempt from registration. (Ord. 1271 § 1, 1994) 2.64.070 Disclosure. Any person required to register under this chapter who speaks at a public meeting or public hearing before the city council or any board, commission, committee, or official of the city for the purpose of influencing local legislative or discretionary action on behalf of any other person shall first orally disclose that said person is registered as a municipal advocate pursuant to this chapter, and identify the party or http: / /nt5.sebbs.comlcgi- binlom _ isapi.dll ?clientID= 307372 &headingswithhits =on &hitspe... 10/10/2005 pocument Page 2 of 2 parties represented. (Ord. 1271 § 1, 1994) 2.64.080 Municipal advocacy by former city officers or employees. No city officer or employee shall, after the termination of service or employment with the city, appear as a municipal advocate before any board, commission, committee or agency of the city, including the city council, in relation to any case, proceeding, application, or contract, in which he or she personally participated during the period of his or her service or employment, or which was under his or her active consideration, for a period of two years from the date of termination of his or her employment with the city. (Ord. 1271 § 1, 1994) 2.64.090 Violation and penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction, and subject to the penalty provided for in Chapter 1.12 of this code. (Ord. 1271 § 1, 1994) 2.64.100 Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 1271 § 1, 1994) http: / /nt5. scbbs. comlcgi- bin /om_i s api. dll ?clientID= 307372 &headingswithhits =on &hitspe... 10/10/2005 ulie O'Connor - RE: Municipal Advocates Page i From: Julie O'Connor To: Mary McDonald Date: 7/21/05 12:40PM Subject: RE: Municipal Advocates Mary, Our Municipal Code does not state that a Municipal Advocate needs to re- register each year. I have attached the Municipal Advocate registration form for you to review. The top of the registration form states that it shall remain in full force and effect until such time as the Municipal Advocate notifies the City Clerk of termination of such status, however, the form also has a place to indicate a date, if known, that an advocate would no longer be active for a client on a particular issue. So, if a particular date was indicated on the form & that date had passed, it would become necessary to file a new form. Julie Julie O'Connor Deputy City Clerk City of San Luis Obispo Julie O'Connor - Municipal Advocates From: Julie O'Connor To: mmcdonald@nmgovlaw.com Date: 7/21/05 10:02AM Subject: Municipal Advocates Mary, Per our phone conversation, I am emailing the following information regarding Municipal Advocates: 1. Ordinance No. 1271 (94 Series) adding Chapter 2.64 to the Municipal Code relating to the registration of Municipal Advocates 2. Municipal Code Chapter 2.64 If you have any questions please let me know. Thanks, Julie Julie O'Connor Deputy City Clerk City of San Luis Obispo Page 1 Julie O'Connor --Re: Update to Municipal rode Page 1 From: Christine Dietrick To: Hooper, Audrey Date: 7/21/05 12:39PM Subject: Re: Update to Municipal Code Will do. Thx. >>> Audrey Hooper 07/21/05 12:37PM >>> Christine, Julie and I were reviewing Chapter 2.64 of the Code re Municipal Advocates as a result of an inquiry she received from a member of the public. Section 2.64.040 does not specify that the advocate does not need to reregister. The attached form makes it clear that advocates don't need to reregister. However, at least one member of the public was confused when she read our code. Since you're working on updating the code book, I'm wondering if a brief statement could be inserted in the code to clarify that this is the case. Thanks. CC: Lowell, Jonathan P; O'Connor, Julie ORDINANCE NO. 1271 (1994 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADDING CHAPTER 2.64 TO THE MUNICIPAL CODE RELATING TO THE REGISTRATION OF MUNICIPAL ADVOCATES BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: Section 1. Chapter 2.64 is hereby added to the San Luis Obispo Municipal Code to read in full as follows: "SECTION 2.64.010 Purpose and Intent. The City recognizes that Municipal Advocates do not have public authority, but they may have significant influence on the City, and the public has a right to know who is being paid to influence the decisions being made by the City, and any financial relationships between those who are being influenced and those who are trying to influence them. The purpose and intent of this ordinance is to provide a procedure whereby persons acting as Municipal Advocates are required to register and provide sufficient information so that complete disclosure of principals and other parties in interest represented by such municipal advocates may become a public record for the information of the City Council and the general public. It is not the intent of this ordinance to discourage nor prohibit the exercise of constitutional rights. 0 -1271 SECTION 2.64.020 "Municipal Advocate" Defined. The following persons are deemed to be Municipal Advocates and shall be subject to the provisions of this Chapter: (a) Municipal Advocate. Any person, business entity or other organization, including an individual contract lobbyist, which contracts for economic consideration to communicate with any officer or employee of the City of San Luis Obispo for the purpose of influencing local legislative or discretionary action on behalf of any other person. (b) In -House Municipal Advocate. Any business or organization, any of whose employees or members, as a part of their employment, communicate with any officer or employee of the City of San Luis Obispo for the purpose of influencing local legislative or discretionary action on behalf of that business or organization. (c) The requirements of this Article shall not apply where employees or members indicate affiliation or identification with a business or organization, but do not represent the official position of the business or organization. SECTION 2.64.030. Exemptions. The term "Municipal Advocate" shall not include: (a) A public official or employee acting in an official capacity; (b) A person representing a non - profit organization applying for a grant -in -aid from the City of San Luis Obispo; (c) A person specifically invited by the City Council, or by any board or commission, for the purpose of giving testimony in aid 2 of the body extending the invitation; (d) Any person, business entity, or other organization which submits a bid or proposal to the City in response to a solicitation initiated by the City. (e) Any newspaper or other regularly published periodical, radio or television station (including any individual who owns, publishes or is employed by any such newspaper, 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 action upon municipal decisions, if such newspaper, periodical, radio or television station or individual engages in no further or other activities in connection with action upon such municipal decision; (f) A person acting on behalf of others in the performance of a duty or service, which duty or service lawfully can be performed for such other only by an attorney, architect, or engineer licensed to practice in the State of California. 2.64.040 Registration of Municipal Advocates. No Municipal Advocate shall communicate with any officer or employee of the City for the purpose of influencing local legislative or discretionary action on behalf of any other person without first registering with the City Clerk. 2.64.050 Registration Requirements. (a) At the time of registration, each Municipal Advocate shall file with the City Clerk the following: (1) The full name and city of residence of the Municipal 3 Advocate; (2) The name, address and phone number of the principal place of business of the Municipal Advocate; (3) The occupation of the Municipal Advocate. If the filer is a business or organization, a specific description of the business or organization in sufficient detail to inform the reader of the nature and purpose of the business or organization; (4) The name, address and phone number of each current client subject to the provisions of this Chapter; (5) The proposed local legislative or discretionary action the Municipal Advocate is employed to support or oppose, and the client on whose behalf the Municipal Advocate is employed for each proposed local legislative or discretionary action; (6) Any other information required by the City Clerk necessary to carry out the purposes and provisions of this Chapter. (b) All information required under this section shall be filed with the City Clerk on forms provided by the City Clerk. Filing may be in person or by mail. The individual who files shall swear to the accuracy and completeness of the information under penalty of perjury. 2.64.060 Powers and Duties of the City Clerk. (a) The City Clerk shall have authority to develop all forms and procedures necessary to carry out the purposes and provisions of this Chapter. (b) The City Clerk shall issue a "Notice of Registration Required" upon the written request of any officer of the City if 1! there is a reasonable basis to conclude that the requirement to register pursuant to Section 2.64.040 has not been met. Any person who in good faith and on reasonable grounds believes that compliance with this Chapter is not required by reason of being exempt under Section 2.64.030, or for other cause, shall not be in violation of this Chapter if, within 15 days after receipt of notice from the City Clerk, that person either complies or furnishes satisfactory evidence to the City Clerk to establish that said person is exempt from registration. 2.64.070 Disclosure. Any person required to register under this Chapter who speaks at a public meeting or public hearing before the City Council or any board, commission, committee, or official of the City for the purpose of influencing local legislative or discretionary action on behalf of any other person shall first orally disclose that said person is registered as a Municipal Advocate pursuant to this Chapter, and identify the party or parties represented. 2.64.080 Municipal Advocacy by Former City Officers or Employees. No City officer or employee shall, after the termination of service or employment with the City, appear as a Municipal Advocate before any board, commission, committee or agency of the City, including the City Council, in relation to any case, proceeding, application, or contract, in which he or she personally participated during the period of his or her service or employment, or which was under his or her active consideration, for a period of k, two years from the date of termination of his or her employment with the City. 2.64.090 Violation and Penalty. Any person who violates the provisions of this Chapter shall be guilty of an infraction, and subject to the penalty provided for in Chapter 1.12 of this Code. 2.64.100 Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. SECTION 2. A summary of this Ordinance shall be published at least three (3) days prior to its final passage in the Telegram - Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 30th day of August 1994, on motion of Council Member Roalman , seconded by Vice Mayor Settle and on the following roll call vote: AYES: Council Member Roalman, Vice Mayor Settle, and Mayor Pinard NOES: Council Members Rappa and Romero ABSENT: None 0 Mayor Peg Pinard ATTEST: f City Ark Di ne R.' Gladwell APPROVED AS TO FO C' y o rY y e rey . Jorgensen Ordinance No. 1271 (1994 Series) FINALLY PASSED this 20th day of September , 1994, on motion of Vice Mayor Settle , seconded by Council Member Roalman , and on the following roll call vote: AYES: Vice Mayor Settle, Council Member Roalman and Mayor Pinard NOES: Council Members Rappa and Romero ABSENT: None Mayor Peg 10ard ATTEST: 5 r C' y Clerk Diane ladwell San Luis Obispo Municipal Code Chapter 2.64 MUNICIPAL ADVOCATES Sections: 2.64.010 Purpose and intent. 2.64.020 Definitions. 2.64.030 Exemptions. 2.64.040 Registration of municipal advocates. 2.64.050 Registration requirements. 2.64.060 Powers and duties of the city clerk. 2.64.070 Disclosure. 2.64.080 Municipal advocacy by former city officers or employees. 2.64.090 Violation and penalty. 2.64.100 Severability. 2.64.010 Purpose and intent. The city recognizes that municipal advocates do not have public authority, but they may have significant influence on the city, and the public has a right to know who is being paid to influence the decisions being made by the city, and any financial relationships between those who are being influenced and those who are trying to influence them. The purpose and intent of this chapter is to provide a procedure whereby persons acting as municipal advocates are required to register and provide sufficient information so that complete disclosure of principals and other parties in interest represented by such municipal advocates may become a public record for the information of the city council and the general public. It is not the intent of this chapter to discourage nor prohibit the exercise of constitutional rights. (Ord. 1271 § 1, 1994) 2.64.020 Definitions. A. The following persons are deemed to be municipal advocates and shall be subject to the provisions of this chapter: 1. Municipal Advocate. Any person, business entity or other organization, including an individual contract lobbyist, which contracts for economic consideration to communicate with any officer or employee of the City of San Luis Obispo for the purpose of influencing local legislative or discretionary action on behalf of any other person. 2. In -House Municipal Advocate. Any business or organization, any of whose employees or members, as a part of their employment, communicate with any officer or employee of the City of San Luis Obispo for the purpose of influencing local legislative or discretionary action on behalf of that business or organization. B. The requirements of this chapter shall not apply where employees or members indicate affiliation or identification with a business or organization, but do not represent the official position of the business or organization. (Ord. 1271 § 1, 1994) 2.64.030 Exemptions. Printed from Folio Views Pagel San Luis Obispo Municipal Code The term "municipal advocate" shall not include: A. A public official or employee acting in an official capacity; B. A person representing a nonprofit organization applying for a grant -in -aid from the City of San Luis Obispo; C. A person specifically invited by the city council, or by any board or commission, for the purpose of giving testimony in aid of the body extending the invitation; D. Any person, business entity, or other organization which submits a bid or proposal to the city in response to a solicitation initiated by the city; E. Any newspaper or other regularly published periodical, radio or television station (including any individual who owns, publishes or is employed by any such newspaper, 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 action upon municipal decisions, if such newspaper, periodical, radio or television station or individual engages in no further or other activities in connection with action upon such municipal decision; F. A person acting on behalf of others in the performance of a duty or service, which duty or service lawfully can be performed for such other only by an attorney, architect, or engineer licensed to practice in the State of California. (Ord. 1271 § 1, 1994) 2.64.040 Registration of municipal advocates. No municipal advocate shall communicate with any officer or employee of the city for the purpose of influencing local legislative or discretionary action on behalf of any other person without first registering with the city clerk. (Ord. 1271 § 1, 1994) 2.64.050 Registration requirements. A. At the time of registration, each municipal advocate shall file with the city clerk the following: 1. The full name and city of residence of the municipal advocate; 2. The name, address and phone number of the principal place of business of the municipal advocate; 3. The occupation of the municipal advocate. If the filer is a business or organization, a specific description of the business or organization in sufficient detail to inform the reader of the nature and purpose of the business or organization; 4. The name, address and phone number of each current client subject to the provisions of this chapter; 5. The proposed local legislative or discretionary action the municipal advocate is employed to support or oppose, and the client on whose behalf the municipal advocate is employed for each proposed local legislative or discretionary action; 6. Any other information required by the city clerk necessary to carry out the purposes and provisions of this chapter. B. All information required under this section shall be filed with the city clerk on forms provided by the city clerk. Filing may be in person or by mail. The individual who files shall swear to the accuracy and completeness of the information under penalty of perjury. (Ord. 1271 § 1, 1994) 2.64.060 Powers and duties of the city clerk. Printed from Folio Views Page2 San Luis Obispo Municipal Code A. The city clerk shall have the authority to develop all forms and procedures necessary to carry out the purposes and provisions of this chapter. B. The city clerk shall issue a "notice of registration required" upon the written request of any officer of the city if there is a reasonable basis to conclude that the requirement to register pursuant to Section 2.64.040 has not been met. Any person who in good faith and on reasonable grounds believes that compliance with this chapter is not required by reason of being exempt under Section 2.64.030, or for other cause, shall not be in violation of this chapter if, within fifteen days after receipt of notice from the city clerk, that person either complies or furnishes satisfactory evidence to the city clerk to establish that said person is exempt from registration. (Ord. 1271 § 1, 1994) 2.64.070 Disclosure. Any person required to register under this chapter who speaks at a public meeting or public hearing before the city council or any board, commission, committee, or official of the city for the purpose of influencing local legislative or discretionary action on behalf of any other person shall first orally disclose that said person is registered as a municipal advocate pursuant to this chapter, and identify the party or parties represented. (Ord. 1271 § 1, 1994) 2.64.080 Municipal advocacy by former city officers or employees. No city officer or employee shall, after the termination of service or employment with the city, appear as a municipal advocate before any board, commission, committee or agency of the city, including the city council, in relation to any case, proceeding, application, or contract, in which he or she personally participated during the period of his or her service or employment, or which was under his or her active consideration, for a period of two years from the date of termination of his or her employment with the city. (Ord. 1271 § 1, 1994) 2.64.090 Violation and penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction, and subject to the penalty provided for in Chapter 1.12 of this code. (Ord. 1271 § 1, 1994) 2.64.100 Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 1271 § 1, 1994) Printed from Folio Views Page3 Municipal Advocate Registration Date Client 4/1/99 Barbich Longcrier Hooper & King 4/1/99 Castlerock Devlopment 4/1/99 Craig A. Cowan 4/1/99 Craig A. Cowan Trust 4/1/99 Damon Family Trust 4/1/99 Doug and Eileen Damon 4/1/99 Fiero Lane Water Company 4/1/99 Garcia Family Trust 4/1/99 J Porter 4/1/99 JM Wilson Development 4/1/99 John M. Wilson 4/1/99 Mary Mitchell Leitcher 4/1/99 Mid -Coast Land Co. 4/1/99 Peaches Olson 4/1/99 R. H. Porter 4/1/99 Rob Olson 4/1/99 Roy & Dolly Garcia 4/1/99 Shetler Construction 4/1/99 Westland Engineering Client's Address Action at Interest End Date 1319 Marsh St. SLO 203 Tank Farm Rd, SLO 980 Spitfire Ln. , SLO 981 Spitfire Ln. , SLO 253 Daly St. , SLO 252 Daly St. , SLO 75 Zaca St, SLO 548 Prado Rd. , SLO 847 Higuera St. ,SLO 445 Higuera St., SLO 444 Higuera St., SLO Soda Water Works, SLO P. O. Box 49 Pismo Beach 856 Capitolio Way, SLO 846 Higuera St. ,SLO 855 Capitolio Way, SLO 547 Prado Rd. , SLO 202 Tank Farm Rd, SLO 75 Zaca St, SLO Airport & Margarita Areas Airport & Margarita Areas Airport & Margarita Areas Airport & Margarita Areas Airport & Margarita Areas Airport & Margarita Areas Airport & Margarita Areas Airport & Margarita Areas Airport & Margarita Areas Airport & Margarita Areas Airport & Margarita Areas Down town SLO Miscellaneous Airport & Margarita Areas Airport & Margarita Areas Airport & Margarita Areas Airport & Margarita Areas Airport & Margarita Areas Airport & Margarita Areas aty t/PostOf Office Box 8100 San Luis Obispo, sain luis CA OBISpO M; PRESS RELEASE Contact: Diane R. Gladwell, City Clerk SLO'S LOBBYING ORDINANCE NOW IN EFFECT For Immediate Release 10/23/94 781 -7103 The new Municipal Advocate Ordinance, which requires registration of lobbyists for the City of San Luis Obispo, is now in effect. If you are paid by another person to influence officials of the City of San Luis Obispo, you must register in advance with the office of the City Clerk. "We have kept the forms as simple as possible and there are no fees for registration. We expect the new law to apply to a very limited number of people," stated City Clerk Diane R. Gladwell. If you have any questions about whether the new municipal advocate law applies to you, or'how to obtain and file registration forms, please call the City Clerks office at 781- 7103. (end) The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. l� Telecommunications Device for the Deaf (805) 781 -7410. 1. city of sAn luis oB1 S .- _ ? 990 Palm Street /Post Office Box 8100 • San Luis Obispo, r.A 93403.8100 October 20, 1994 John W. Belsher, Esq. Attorney at.Law 1012 Pacific Street Suite A -1�►° San Luis Obispo, CA 93401 RE: Municipal Advocate Ordinance OCT 2 1 1994 Dear John • Cl rY CLEPV, OB!vr), t As you requested, I have reviewed your proposed article on the San Luis Obispo Municipal Advocate Ordinance. You have taken a conservative approach in advising on the scope of the ordinance, and generally I agree with your conclusions. However, I am not certain that the ordinance would require registration prior to a simple request for information which would otherwise be available under the Public Records Act. This might be a somewhat extreme interpretation, particularly in the absence of any activity which constitutes "influencing ". I will leave it to your judgement on how you wish to advise on that issue. The exemption in §2.64.030(f) for attorneys, architects, and engineers was added to the ordnance in an abundance of caution, in order to meet the limitations set forth in Baron_vs. City of Los Angeles 2 Cal.3rd 535 (1970). Since the Municipal Advocate Ordinance applies only to the influencing of "legislative or discretionary action ", it is arguable whether the exemption in §2.64.030(f) has any practical significance because there are probably few if any circumstances in which the advocacy of a legislative or discretionary 'action would require specific licensure as an attorney, architect or engineer. Nevertheless, the provision was included in the ordinance to remove any doubt. On a.related note, you should be aware of Assembly Bill 3432 by Assemblyman Jack O'Connell, which now specifically authorizes the regulation of lobbying activities of attorneys. This bill became law shortly after adoption of the City's Municipal Advocate Ordinance. As a result, there may be little or no need for §2.64.030(f) if AB 3432 has effectively overruled the Baron decision. It may be that at some point in the future, based upon AB 3432, the City will consider amending the Municipal Advocate Ordinance to eliminate the exemption. (A copy of AB 3432 is enclosed for your information.) The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deal (805) 781 -7410. John W. Belsher October 20, 1994 Page 2 Thank you for allowing me to review your proposed article. If you have further questions or comments concerning this matter, please feel free to contact me at your convenience. Sincerely, CITY OF SAN LUIS OBISPO EF Y J G EN City Attorney JGJ :lg enclosure cc: John Dunn Diane Gladwell IN September 8, 1994 city of sAn Luis oBispo 990 Palm Street /Post Office Box 8100 • San Luis Obispo, CA 93403 -8100 Ms. M. Suzanne Fryer Sinsheimer, Schiebelhut & Baggett 1010 Peach Street San Luis Obispo, CA 93401 Re: Municipal Advocate Ordinance /Public Records Request Dear Ms. Fryer: As requested in your letter of September 2, enclosed are writings concerning the City of San Luis Obispo's Municipal Advocate ordinance. The minutes of the August 30, 1994 City Council meeting, at which time the Council introduced the ordinance, have not been completed. However, we would be happy to make you a copy of the taped portion of the meeting containing discussion of the ordinance if you so desire. Please find enclosed: 1) The Action Update Agendas from the City Council meetings of Tuesday, August 16, 1994 and Tuesday, August 30, 1994. 2) The Council Agenda Staff report with original ordinance and ordinance as amended at the meeting. 3) The City Attorney's drafts of the ordinance considered by the Campaign Regulations Committee. 4) Miscellaneous articles, writings and requested materials considered by the Campaign Regulations Committee. 5) Agendas and minutes from the Campaign Regulations Committee during their consideration of the Municipal Advocate ordinance. 6) Materials from the Council Reading File: a) The Los Angeles City Ethics Commission's proposal to streamline and strengthen that city's lobbying ordinance and proposed ordinance revisions. l/�The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. Sinsheimer, Schiebelhut, & Baggett Municipal Advocate Ordinance Page 2 b) The City of Los Angeles Ethics Commission's Client Registration Form and Quarterly Expenses and Earnings Report. c) Los Angeles County Code relating to lobbyists. d) San Diego's Municipal Advocate ordinance. e) San Francisco's ordinance for Regulation of Lobbyists. f) San Jose's lobbying ordinance. g) Staff report and proposed municipal advocate ordinance from Culver City. To the best of my knowledge, the above list represents everything currently on file that was made available to the Campaign Regulations Committee and, subsequently, to the City Council during their consideration of the Municipal Advocate ordinance. Please let me know if I can be of any further assistance. Sincerely, 4 ' i e R. Gla jell ity Clerk c: City Council John Dunn, City Administrative Officer Jeff Jorgensen, City Attorney Enclosures DRG:klc WARREN A. SINSHEIMER III ROBERT K. SCHIEBELHUT K. ROBIN BAGGETT MARTIN J. TANGEMAN THOMAS M.DUGGAN MARTIN P. MOROSKI DAVID A. JUHNKE STEVEN I. ADAMSKI THOMAS D. GREEN M. SUZANNE FRYER CYNTHIA CALDEIRA W. ARTHUR GRAHAM SUSAN S. WAAG ROY E. OGDEN THOMAS J. MADDEN III MARIA L. HUTKIN SINSHEIMER, SCHIEBELHUT & BAGGETT A PROFESSIONAL CORPORATION ATTORNEYS AT LAW POST OFFICE BOX 31 SAN LUIS OBISPO, CALIFORNIA 93406 -0031 805 - 541-2800 September 2, 1994 CLIENT STREET ADDRESS 1010 PEACH STREET FACSIMILE 805 -541 -2802 0235000 Diane Gladwell City Clerk HAND - DELIVERED City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401 Re: Municipal Advocate Ordinance /Public Records Request Dear Ms. Gladwell: We hereby request pursuant to the California Public Records Act and the Brown Act, that you make available for inspection all public records relating to the City of San Luis Obispo's recently adopted Municipal Advocate Ordinance "An Ordinance Adding Chapter 2.64 to the Municipal Code Relating To The Registration of Municipal Advocates" (the "Ordinance "), including, but not limited to the following: 1. Any and all writings concerning the Ordinance; 2. All agendas, minutes or any other writings of any City Council meetings or other local agency meetings at which the Ordinance was discussed; 3. All staff reports or other writings prepared by an staff member of the City or any other local agency; 4. All surveys, questionnaires and any other written materials or memoranda; 5. All ordinances and resolutions; 6. Any and all writings contained in the "Council Reading File" relating to the Ordinance, including but not limited to the Ordinances from Los Angeles, San Diego, San Francisco and Culver City. Please let the undersigned know at your earliest convenience when these records will be available for inspection. We would like to inspect the records as soon as possible. SEP - 2 1994 Diane Gladwell September 2, 1994 Page 2 If you have any questions concerning this request please call us at your earliest convenience. Sincerely, SINSHEIMER, SCHIEBELHUT & BAGGETT M. S Z NNE FRYE MSF: LKR: sjn g: \ltr \SS &B \4Gladwell.902 CITY CLERK MEMORANDUM January 9, 1996 TO: John Dunn, City Administrative Officr FROM: Kim Condon, Assistant City Cler . 1 SUBJECT: RICHARD SCHMIDT LETTER - MUNICIPAL ADVOCATE ORDINANCE Until Mr. Schmidt's allegation of non - enforcement, and in the year and two months since the enactment of the Municipal Advocate ordinance, the City Clerk's Office has received no complaints about unregistered lobbyists and has not issued any "Notice of Registration Required" notifications. The ordinance clearly states, "The City Clerk shall issue a "Notice of Registration Required" upon the written request of any officer of the City if there is a reasonable basis to conclude -that the requirements to register pursuant to Section 2.64.040 has not been met. " The committee which structured this ordinance made it clear that, due to staffing concerns, enforcement by the City Clerk would be on a complaint basis; the City Clerk was not expected to "police" lobbyists. The cost of administration of the ordinance was to be kept to a minimum. As I recall, when this ordinance was given final passage on August 30, 1994, the former City Clerk placed several ads in the newspapers informing the public of the requirements of this new law. We also took action at that time to update our Speaker Slips to remind audience members about this requirement and placed a Municipal Advocate Registration Form on the back side of the Speaker Slip. (Sample attached.) Copies of the ordinance were also made available at our front counter. Diane Gladwell attended a Community Development Department staff meeting in order to review the' ordinance with the planners and explain the procedures for registration. I was not present at this meeting, but Arnold Jonas was in attendance and may be able to offer more details about the presentation. I do not recall if meetings were held with other departments. I hope this memo addresses any concerns regarding the role this office plays in enforcing the Municipal Advocate ordinance. Please let me know if you have any questions. c: J. Jorgensen A. Jonas M. McCluskey R. Whisenand MEMORANDUM FROM THE OFFICE OF THE CITY ATTORNEY June 9, 1994 TO: Campaign Regulations Committee FROM: Jeff Jorgensen'd SUBJECT: Culver City Proposed Ordinance Attached for your information is a copy of Culver City's proposed municipal advocate ordinance. The ordinance was presented to Culver City's Council on May 23, 1994, but no action was taken. It has been postponed for further discussion and may be rescheduled next month. I'll keep you posted on the status of this ordinance. If you have any questions, please feel free to call me. JGJ /sw attach. IIRY 12 '94 12: 25PM ADMIN/CITY ATTORNEY City of Culver City, California i City Council Agenda Item Report P. Agenda Item 0 Page 1 of 2 Meeting Date: 5/23/94 Agen da Tt n., Title: Introduction of an. ordinance requiring the identification and registration of :municipal advocat'es�- •who appear before the City Council, Boards; Commissions- aad tommittees of the City., of Culver City. Department/Division Report Researched':Dy /Date. Public Hearing......... j_j Cit Attorne 's Office Norman Y. Herrin .. W94 Discussion/Acdon Item L] Consent Vft:..,......::. Lj Fiscal Tmpact: No -.. (Lj Yes [� Reviewed y / Date General Fund Lj Enterprise. [� $..rr .q; Other:.r. ;;:.;.;;;:',', CAGf Approval! to GrantlRDA - [Budgeted Item � I Transfer of Funds R uired _. Packet Enclosures x Public Notification: None BACKGROUND The proposed ordinance would amend Culver City Municipal Code Section 2 -11 by adding a requirement that individuals who represent others identify their representative capacity before they address the City Council, Boards, Commissions and Committees of the City, The proposed ordinance would also require persons who are "municipal advocates" as defined to register with the City Clerk. The registration would show who the "municipal advocate" represents and upon which types of issues the "municipal advocate" would participate in "advocacy" within the City. Other ordinances which were studied have more complex schemes of registration including calculation of income earned as an advocate and contributions made by the advocate or his principal(s). The City Council in its previous discussion of this issue indicted its desire for a more simple identification and registration format. The proposed statute accommodates the City Council's request for identification of speakers as municipal advocates and registration of municipal advocates. There are several exceptions to the identification and registration requirements which include elected officials, religious leaders speaking on religious issues, citizens speaking on issues of personal interest, and small non - profit groups. The proposed ordinance would allow these persons to continue to participate in the discussion of public issues without having to register. RECOMMENDATION That the City Council introduce the proposed ordinance requiring the identification and registration of municipal advocates. MW= ON ury= PAPM MAY 12 '94 12 : 26PI'l ADM I N/C T TY ATTORNEY P.3 City jouncil Agenda Item Repo. Agenda Item# Continued Page 2 of 2 MUTI.ON(Sl That the_City CQUncil: 1, Request a Staff Report if desired; 2, Receive public comment on the proposed ordinances 3. Discuss the proposed ordinance and arrive at their decision: 4. Introduce the oronosed and ii4npe amending Culver City Munic1 Code _Section 2 -11. mmoON uxy=P"M MAY 12 '94 12 :27PM AU1'1IN:,C ATTORNEY ORDINANCE NO. 94- AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA, AMENDING SECTION 2 -11 OF THE CULVER CITY MUNICIPAL CODE BY NUMBERING THE EXISTING PARAGRAPH AS PARAGRAPH (a) AND ADDING PARAGRAPH (b), (c) and (d) RELATING TO THE REGISTRATION OF MUNICIPAL ADVOCATES. P.4 WHEREAS, the City Council of the City of Culver City desires that persons acting as municipal advocates shall be required to identify themselves as municipal advocates before addressing the City Council and any Boards, Commissions, and Committees of the City; and WHEREAS, the City Council of the City of Culver City desires that persons acting as municipal advocates register with the City Clerk of Culver City to identify themselves as municipal advocates; and THEREFORE, the City Council of the City of Culver City DOES HEREBY ORDAIN as follows: SECTION 1. Culver City Municipal Code Section 2 -11 is hereby amended to read as follows: Section 2 -11 ADDRESSING THE CITY COUNCIL, BOARDS, COMMITTEES AND COMMISSIONS (a) Any person desiring to address the City Council, Commissions, Committees, or Boards shall, upon arising, first secure the permission of the Presiding Officer to do so; upon permission, shall step up to the microphone, give name and address for the records, and unless further time is granted by the Presiding Official shall limit this address to five minutes. Interested parties, taxpayers, residents of City or their authorized representatives may address the Council, Commissions, Boards, or Committees by written communications. Preference shall be given to those who have notified the Presiding Officer or City Clerk in advance of their desire to speak, in order that same may appear on the agenda. Protest petitions relating to zoning, sewer and street proceedings, or similar MAY 12 '94 12 :27PM ADMIN /C'TTY ATTORNEY P.5 matters, may be read. After a motion is made by the Council, Commissions, Committees or Boards that the hearing is closed, no person shall address the Council, Commissions, Committees or Boards without permission to do so. Section 2 -11.1 REGISTRATION OF MUNICIPAL ADVOCATES DEFINITIONS: Whenever in this section the following words and phrases are used, they shall mean the following, (a). "Advocacy" shall mean any nonpublic contact with a municipal official made for the purpose of attempting to influence action taken on any municipal decision. Contacts made in the ordinary course of furnishing goods or services to the City in its roie of as a consumer of such goods or services, shall not be deemed such contacts as constituting advocacy, Contacts consisting solely of speaking at public meetings or hearings before the Council, Boards, Committees or Commissions or municipal officers wherein personal disclosure becomes a public records or the sending of a written communication to the aforesaid officials which becomes part of the public record shall not be deemed a contact constituting advocacy nor shall requests for information or the giving of technical information constitute or be deemed to be advocacy, (b) "Municipal Advocate" shall mean every person who engages for pay or for any consideration, including reimbursement for expenses incurred for the purpose of advocacy, or who is a member of a volunteer public interest group or community organization, who without remuneration, engages in advocacy, or who is regularly employed full time and as an incidental and casual part of that employment without increase in salary or other compensation engages in advocacy. A person representing a firm of which he is a member shall be deemed to be representing a person other than himself. (c) "Municipal Decision" shall mean any discretionary action taken or which may be taken by any municipal official on any matter within the scope and course of -2. MAY 12 '94 12 : 28PM ADM I N,'f7 ? TY PTTGRt iEY P.5 his employment position or official jurisdiction, Those actions by municipal officials mandated by law not requiring the exercise of discretion or conduct of a hearing and deemed ministerial in scope and nature are specifically and expressly excluded from the actions and decision referred to herein. (e) "Municipal Official" shall mean any person in the service of the City of Culver City whose position involves the exercise of discretion in formulating and rending municipal decisions, The terms "municipal official' shall also include members of all boards, committees, commissions established by action of the Council pursuant to the authority of the Charter and the Municipal Code, (f) "Person" shall mean any individual partnership corporation, association, firm, committee, club or other organization or group of persons; however, formally or informally organized. "Person: shall also include recognized employee organizations, associations and representatives thereof, (g) "Public Official' shall mean an elected or appointed officer or employee or officially designated representative, whether compensated or not, of the United States or any of its agencies, the State of California, any political subdivision of the state, including cities, counties, districts or any public corporation agency or commission. Section 2 -11,2 MUNICIPAL ADVOCATE- REGISTRATION REQUIR151) Any persons engaged in Municipal Advocacy as defined herein shall register in person or by mail, as registration as a municipal advocate. A municipal advocate on forms prescribed by the City Clerk, under penalty of perjury, which shall include the information required herein; (a) No later than ten (10) calendar days after first engaging in advocacy, a municipal advocate shall be registered with the City Clerk. The information required for said registration shall be furnished by the advocate or his principal and may include, in addition to the name of the primary municipal advocate the names of all advocates engaged by the principal if more than one. -3- MAY 12 '94 1E :29P11 ADMIN /CTTY ATTORNEY P.7 (b) Any person, whether or not required to register under this division, who speaks at a public meeting or hearing before the Council, Boards, Commissions, Committees, or Officials shall, if appearing on his own behalf, disclose any direct or indirect economic interest he may have in the subject or item under discussion. If such person is appearing as an agent, whether or not also appearing on his own behalf, he shall disclose his agency and whether or not he is being compensated for the appearance, the ultimate real party in interest and, to the best of his knowledge, the direct or indirect economic interest of the ultimate real party in interest. The Council, Commissions, Committees or Boards of Officials may, in its discretion, required oral disclosure sufficient to identify such interests, agency and real party in interest. (c) At the time of registration, every municipal advocate or his principal shall file with the City Clerk, in writing: (1) The full name, occupation and principal place of business of the advocate or advocates if more than one: (2) The nature and category of municipal decision(s), the advocate is or was employed or had volunteered to support or oppose; and (3) The full name, occupation, and principal place of business of the person directing advocacy activities and whose interests the advocate represents as real party in interest, and if such person is not an individual, the person, whether a board of directors, executive committee, or other group, formal or informal , who directs and controls the position to be taken on municipal decisions by said advocate. In the event the municipal advocate is retained by a person that was in turn retained by another person, the municipal advocate shall disclose the information required herein for both his immediate employer and the person who has retained his immediate employer, This listing shall be updated as changes in the information furnished occur. 4- MAY 12 194 12: 29PIl ADMI1*I _' ,TY ATTORNEY P.8 (4) The City Clerk shall register each person who qualifies for registration as a municipal advocate, Registration as a municipal advocate shall remain in full force and effect until such time as the municipal advocate notifies the City Clerk of termination of such status. (5) In the event, a registered municipal advocate is engaged to represent persons and advocacy interests in addition to�hose contained in his original registration filing, he shall be required to supplement his file with the City Clerk only to the extent of furnishing information required by Section 2- 11.1(c)(3). Sectlon 2 -11,3 MUNICIPAL ADVOCATE - EXCEPTIONS The provisions of this Section shall not apply to; (a) A public official acting in his official capacity; (b) Any newspaper or other regularly published periodical, radio, or television station (including any individual who owns, published, or is employed by any such newspaper, periodical, radio, or television station) which in the ordinary course of business publishes news items, editorial, or other comments or paid advertisements, which directly or indirectly urge action upon municipal decisions, if such newspaper, periodical, radio or television station or individual engages in no further or other activities in connection with action upon such municipal decision; (c) Any individual appearing on his own behalf or on behalf of an ad hoc committee with respect to a municipal decision in support thereof or opposition thereto pursuant to a procedure established by local, state, or federal law, or pursuant to any procedure established by ordinance for levying an assessment against real property for the construction or maintenance of an improvement; -5- MAY 12 '94 12: 30PIl ADMIN/ -Y ATTORNEY P.9 (d) A person, who, without compensation and not as a part of nor in the ordinary course of his regular employment, appears to present the position of organizations such as a taxpayers' association, a public interest group or community organization, a chamber of commerce, a labor organization, a merchants' association, trade association or other organization; however, formally or informally organized, when that association or organization has one or more of its officers, employees or representatives already registered under the provisions of this division and such Is revealed at the time; (e) A person, when representing a bona fide church or religious organization solely for the purpose of protecting the public right of to practice the doctrines of such church or religious organization; (f) Members of the State Bar of California, acting on behalf of a client or clients in an attorney - client relationship while performing a duty of service, which duty of service can be performed lawfully only by an attorney licensed to practice law in California, i.e. representing clients in quasi-judicial proceedings conducted by municipal officials; and (g) An organization of twenty five (25) members or less, which receives contribution of ten dollars ($10,00) or less per member per year and which does not employ anyone for the principal purpose of advocacy on behalf of such organization 111 111 111 IIAY 12 '94 12:230PM ADMIN / -TTY ATTORNEY P. 10 Section 2 -11.4 PENALTIES Violations of this Section shall be punished as a misdemeanor provided in Section 10.1 of the Culver City Municipal Code, SECTION 3. This ordinance shall take effect thirty (30) days after the date of its adoption and prior to the expiration of fifteen (15) days from the passage thereof, the City Clerk shall cause this Ordinance to be published in the Culver City News. APPROVED and ADOPTED this _,_. day of June, 1994. ATTEST: TOM CRUNK, City Clerk OLOBBY (VI) -7- ALBERT VERA, MAYOR, CITY OF CULVER CITY APPROVED AS TO FORM: NORMAN Y. HERRING City Attorney MEMORANDUM FROM THE OFFICE OF THE CITY ATTORNEY May 31, 1994 TO: Campaign Regulations Committee FROM: Jeff Jorgensen, City Attorney 7/ SUBJECT: Lobbying by Attorneys Attached for your information is proposed legislation by Assembly Member Jack O'Connell, which would give cities and counties the authority to require attorneys who are lobbyi$ts to• register and disclose their lobbying activities under specified circumstances. Should the bill become law, it would resolve some of the uncertainties raised by the Baron decision, and would probably. eliminate the need for a specific exemption for attorneys. The Bill passed the Assembly and has been assigned to the Senate Judiciary Committee. The League of California Cities has taken a neutral position. I will continue to monitor this legislation and report back to you if it passes and is signed by the Governor in the near future. If you have any questions or comments, please feel free to contact me at your convenience. JGJ /sw attach. cc: Diane Gladwell M AY :� 4 1994 ceTY CLES c fir OBISPO, C', MAY- 31 -194 TUE 11:26 ID: TEL NO: H?91 P02 PAGE Display 1993-1994 Bill Text - INFORMATION BILL NUMBER: AB 3432 BILL TEXT AMENDED IN SENATE MAY 24, 1994 AMENDED IN ASSEMBLY APRIL 26, 1994 AMENDED IN ASSEMBLY APRIL 4, 19Y4 INTRODUCED BY AssPmh'ly MPmhnr 01ronna11 FEBRUARY 21, 1994 An act to add Section 6009 to the Bueinees and Profeccionc Codc, relating to attorneys. a LEGISLATTVF COIINSEL'S DIGEST AB 3432, as amended, O'Connell. Attorneys: lobbying. Fxisting law provides for the regulation of lobbying activitics of attorneys at the state level. This bill would specifically authorize a city, county, or city and county to regulate lobbying activities of attorneys, to the extent that those activities occur within eauli jurisdiction and are directed toward the legislative and rc ulstor bodies of those '�urisUictio s. Vote: majority. ,.pproprl� ion no_ Fiscal committee: no. State-mandated local proyrdiii: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: 1 3ECTTON I. Section 6009 is added to the Busineee and Professions Code, to re&d: 6009. Notwithstanding any other provision of law, a c:iLy, county, or city and county may rpquire. attorneys who are lobbyists to register and disclose their lobbyinq activities, Lu the extent that those activities occur within the city, county, or city and county and are directed tOWdld Lhe legislative and regulatory bodies of Eo_s e_t'urisdic Eions. A c ty, county, or city and county way prohibit -certain conduct relating to Lobbying -by attorneys, provided that the requirements apply to all lobbyists in Lhe jurisdiction. Daily. Jourrtl 3/4,199 ; Lawyer Disclosur' e "Pr' o- Delays New Lobbyist Rules City mews Servico j,Lawyers commonly cite attorlicy- client.• questions ucstions and concerns about ;,privilege jn,rcfusuXg to disclose lhcir praVlSlanS that may be. too reslrictiuC # Gvliles prompted a Los Angeles City - Council C . i1;tvc to get Handle on lt, because.,.;; Panel Wednesday to delay approval '9f ',what is tlxe;paintraf us being, taugh,and :' tou,ghq lobbying disclosurc, rulcs. ; then we're sued we have ko; speratI, 'The council's Rules and Elections r m ncy ;�o;dc[cnci,(kllcrnc}�rlavfj ?" ,:f. ;r, Conui*tce is considering two compcting In.t1993,t1o>sbyists ;reported a totai of ordinances, which would provide wider, Ii; su million m income;- but•only $51,500 in ,;r i. scrutiny of what lobbyists spend in t ly - !;expenditures; ;virLually keeping the public to Qrry_ favor wiUi elected officials ; Urin ark' alaaut flow- muclrwas spent to "Some of it. I al ink, is tai far- rcactung,`.' }courWcctcd ofLcials anti burcaucxals said - committee Chairman Iticliard Illa Jt�' , `< ` .i*. 1Cl.,iilcas es,befor6. akorre�s'Coin,.lt,. tarrc .. : • i mittec dilleran requiring disclosure from "Same of it needs definition. Same of it lobbyjsts'wlio care cithct $1,000 or'.•;, is a question of whclllcrwc.necrl rt" ,, ; $2,000 He was•lrarticukirly conccrncd'about 4, aTi1C ethics` agency favors the lower.$` the - Ethics Commission's proposed rc • iClu shoicl .'while #tttc;other.ordinancc was'' :quwernent for attorneys to; report lobbyF . �; cr tltedEby ,�11c`ciVs attornleys at Alator iu11g work that norxlawyerS cat► PCrtorrtn ' arc's cst. ''� [ , ;, ,r� '� , :�.. <.., }• *h::,1,iG, ;a; r.iNprY.e'Iti A .Fir'S�. ;{ .i , w . I: , .� Fs Ym 1 0 To: ' From: Return ❑ Keep or Recycle ❑ Post alt'" FYI, pad 7668 MEMORANDUM FROM THE OFFICE OF THE CITY ATTORNEY April 12, 1994 TO: Campaign Regulations Committee 1 FROM: Jeff Jorgensen SUBJECT: Wednesday, April 13, 1994 Meeting Attached is a copy of the City of San Jose's lobbying ordinance. JGJ /sw enc. t REGL.,ATED ACTIVITIES, REPORTING REQUIRE_ _N TS, ETC. § 10.34.040 such material for any purpose. This definition shall not apply to individ- ual packages of cigarettes or individ- ual cigars. b. Napkins, facial tissues, toilet tissues, foil wrapping, plastic wrapping, paper toweling, and disposable plates and cups. c. Detergents, soaps and other cleaning agents. d. Pharmaceuticals, including nonpre- scription drugs, bandages, female hy- giene products, and toiletries. 3. "Grocery department" means an area v-ithin a general retail merchandise store which is engaged primarily in the retail sale of packaged food, rather than food prepared for immediate consumption on or off the premises. 4. "Grocery store" means a store engaged primarily in the retail sale of packaged food, rather than food prepared for con- sumption on the premises. 5. "Sale item or special" means any con- sumer commodity offered in good faith for a period of seven days or less, on sale at a price below the normal price that item is usually sold for in that store. (Ord. 20343.) 10.34.030 Penalty. A. Any person; firm, corporation or associa- tion who intentionally violates any of the provisions of Section 10.34.010 shall be guilty of a misdemeanor. B. Failure to have a clearly readable price indicated on twelve units of the same item of the same commodity shall constitute a presumption of intent to violate Section 10.34.010. C. Every additional twelve units of the same item that fail to have a price indicated on them shall constitute a presumption of intent to violate Section 10.34.010. D. Each day that a violation continues shall also constitute a separate violation after notification thereof to the manager or as- sistant manager of the retail grocery store Supp. No. 6 1893 or the grocery department of the general retail merchandise store and shall con- stitute a presumption of intent to violate Section 10.34.010. (Ord. 20343.) 10.34.040 Injunctive relief — Liability. A. Any person may bring an action in any court of competent jurisdiction to enjoin a violation of Section 10.34.010. B. Any person, firm, corporation, or associ- ation who violates Sections 10.34.010 and 10.34.020 shall be liable to any person injured for any losses and expenses in- curred as a result of the violation and for the sum of fifty dollars in addition there- to. This remedy shall apply only to ac- tions brought by or on behalf of a single plaintiff and shall not apply to multiple plaintiffs or class actions. (Ord. 20343.) Chapter 10.36 REGULATED ACTIVITIES OF AND REPORTING REQUIREMENTS FOR CITY OFFICERS AND EMPLOYEES AND CERTAIN PERSONS HAVING DEALINGS WITH THE CITY Parts: 1 General Provisions and Defini- tions 2 Registration as Local Govern- mental Lobbyist 3 Obligations of Local Governmen- tal Lobbyists, Clients, Contrac- tors, and Persons Doing Business With the City 4 Employment of Unregistered Persons Unlawful 5 Prohibition of Gifts 6 Employment of City Council Members or City or Agency Em- ployees § 10.36.010 SA.T1 JOSE CODE 7 Disqualification of Former Offi- cers and Employees in Matters Connected With Former Duties or Official Responsibilities 8 Enforcement Part 1 GENERAL PROVISIONS AND DEFINITIONS Sections: 10.36.010 Applicability. 10.36.020 Client. 10.36.030 Contractor. 10.36.050 Designated employees. 10.36.070 Local governmental lob- byist. 10.36.090 Governmental action. 10.36.110 Payment. 10.36.120 Person doing business with the city. 10.36.130 Public official. 10.36.150 Words and phrases. 10.36.010 Applicability. Except as otherwise expressly provided, this chapter shall apply to all officers (including, but not limited to, elected officials and mem- bers of boards and commissions) and employ- ees of the city of San Jose and the redevel- opment agency of the city of San Jose as well as to local government lobbyists, their clients, city or agency contractors and consultants, and persons doing business with the city or the redevelopment agency. (Orris. 20131, 20164, 20366, 22551.) 10.36.020 Client. A. "Client" means the real party in inter- est for whose benefit the services of a local governmental lobbyist are actually performed. B. An individual member of an organization shall not be deemed to be a "client ", for purposes of this chapter, solely by reason Supp. No. 6 of the fact that such member is individ- ually represented by an employee or agent of the organization as a regular part of such employee's or agent's duties with the organization as long as such member does not pay an amount of money or other consideration in addition to the usual membership fees for such representation. (Ords. 20131, 20184, 20366, 22551.) 10.36.030 Contractor. "Contractor" means any party to an agree- ment in which the value of the consideration exceeds one thousand dollars; and 1. The city is a party; or 2. The redevelopment agency is a party; or 3. The agreement or its effectiveness is in any way dependent or conditioned upon approval by the city council or redevel- opment agency board or any board or commission, officer or employee of the city or the agency. (Ords. 20131, 20184) 20366, 22551.) 10.36.050 Designated employees. "Designated employees" means city and redevelopment agency employees who are des- ignated employees within the meaning of the Political Reform Act of 1974, as amended, and who are required by the Political Reform Act or a San Jose or redevelopment agency conflict of interest code to file financial in- terest disclosure statements. (Ords. 20131, 20184, 20366, 22551.) 10.36.070 Local goveriunental lobbyist. A. "Local governmental lobbyist" means any person who is employed or who contracts for economic consideration, other than reimbursement for reasonable expenses, the value of which consideration exceeds an aggregate of one thousand dollars from all sources in any annual period, for the purpose of or whose activities include com- municating directly or through agents with any public official, officer or desig- nated employee for the purpose of influ- encing any governmental action of the 1894 REGL_.� ED ACTIVITIES, REPORTING REQUIR. ANTS, ETC. § 10.36.170 city of San Jose or the redevelopment agency of the city of San Jose. B. INTO person is a local governmental lobby- ist by reason of activities described in Section 10.36.200. (Ords. 20131, 20184, 20366, 22551.) 10.36.090 Governmental action. "Governmental action" means any admin- istrative or legislative action of the city of San Jose and the redevelopment agency other than an action which is ministerial in na- ture. (Ords. 20131, 20184, 20366, 22551.) 10.36.110 Payment. "Payment" means a payment, distribution, transfer, loan, advance, deposit, gift or other rendering of money, property, sen-ices or any- thing else of value, whether tangible or in- tangible. (Ords. 20131, 20184, 20366, 22551.) 10.36.120 Person doing business with the city. A. "Person doing business with the city" means any person whose financial inter- ests are materially affected by govern- mental action as defined by Section 10.36.090. It includes persons currently doing business with the city or the rede- velopment agency, planning to do busi- ness with the city or agency, or having done business with the city or agency within two years. B. For purposes of this chapter, a person's financial interests shall not be found to be materially affected by the issuance of any license or permit which does not re- quire the exercise of discretion by city or agency officers or employees. (Ords. 20131, 20184, 20366, 20915, 22551.) 10.36.130 Public official. "Public official" means an elected or ap- pointed officer or employee or officially des- ignated representative, whether compensated or not, of the United States or any of its agencies, the state of California, any politi- cal subdivision of the state, including cities, Supp. No. 6 counties, districts, or any public corporation, agency or commission. (Ords. 20131, 20184, 20366, 22551.) 10.36.150 Words and phrases. Words and phrases used in this chapter shall have the meanings and be interpreted in the same manner as words and phrases used in the Political Reform Act of 1974 as amended and the regulations issued pursu- ant thereto, unless otherwise expressly pro- vided or unless the context otherwise requires. (Ords. 20131, 20184, 20366, 22551.) Part 2 REGISTRATION AS LOCAL GOVERNMENTAL LOBBYIST Sections: 10.36.170 Registration with city clerk. 10.36.190 Cessation of employment. 10.36.200 Exceptions. 10.36.210 _ Noncompliance —Order to show cause. 10.36.220 Availability of information. 10.36.230 Filing under penalty of perjury. 10.36.170 Registration with city clerk. A. No person shall act as local governmen- tal lobbyist before registering as a local governmental lobbyist with the city clerk. B. At the time of registering, the local gov- ernmental lobbyist shall file with the city clerk, in writing, his or her name, busi- ness ' and residence addresses, and the name and address of each client. C. Whenever, subsequent to registering, the lobbyist's services are engaged by any new client, the name and address of that additional client shall be filed by the lob- byist within fifteen days. 1895 § 10.36.170 SAN JOSE CODE D. The lobbyist shall reregister annually and at that time shall resubmit the required information. E. The city clerk shall issue a registration card to each person who qualifies for reg- istration indicating thereon the annual registration date. The lobbyist shall re- register within the month preceding the annual registration date. (Ords. 20184, 20366, 22551.) 10.36.190 Cessation of employment. A local governmental lobbyist who has ter- minated all activities requiring registration shall notify the city clerk of that fact and thereupon shall be relieved of any further obligations under this chapter until such time as he or she commences activity requiring registration. (Ords. 20184, 20366, 22551.) 10.36.200 Exceptions. The provisions of this part shall not apply: A. To a public official acting in his or her official capacity; B. To the publication or broadcasting of news items, editorials, or other comments, or - paid advertisements, which directly or indirectly urge governmental action; C. To a person specifically invited by the city council or redevelopment agency or any committee thereof, or by any board or commission, or any committee of a board or commission, or by any officer or employee of the city or agency charged by law with the duty of conducting a hearing or making a decision, for the purpose of giving testimony in aid of the body or person extending the invitation; or D. To a person who, without extra compen- sation and not as part of, or in the ordi- nary course of his or her regular employ- ment., appears to present the position of organizations such as a taxpayers' asso- ciation or trade association when that association or organization has one or more of its officers, employees or repre- Supp. No. 6 sentatives already registered under the provisions of this chapter. E. Any attorney, architect or civil engineer whose attempts to influence governmen- tal action are limited to: 1. Publicly appearing at a public meet- ing, public hearing, or other official proceeding open to the public; 2. Preparing or submitting documents or writings in connection with the governmental action for use at a pub- lic meeting, public hearing, or other official proceeding open to the pub- lic; and 3. Contacts with employees and agents of the city manager or executive di- rector of the agency directly relat- ing to 1 and 2 above. F. Any employee whose lobbying efforts are in behalf of an employer, if influencing the actions of governmental agencies is not a regular part of his or her employ- ment. (Ords. 20184, 20366, 21267, 22551.) 10.36.210 Noncompliance —Order to show cause. A. Upon the request of the council, the mayor, or any board or commission or member thereof, or any officer or designated em- ployee of the city or redevelopment agen- cy, the city clerk shall issue an order to show cause to any unregistered person. B. Said order shall specify a time and place where such person shall appear to pro- vide evidence satisfactory to the city council that he or she has complied with the registration requirement or is exempt from registration. C. If the city council determines that such person is subject to registration and he or she fails to register within seven days of that determination, he or she shall be barred from appearing before city coun- cil or redevelopment agency except at a public hearing on his or her own behalf or on oral petition. Such debarment shall 1896 REGULATED ACTIVITIES, REPORTING REQUIRtINIENTS, ETC. § 10.36.280 be in effect for three months from the date of such determination or until reg- istration, whichever is later. (Ords. 20184, 20366, 22551.) 10.36.220 Availability of information. All registration information shall be retained by the clerk for a period of five years from the date of filing, shall constitute part of the public records of the city clerk's office, and shall be open to public inspection. (Ords. 20184, 20366, 22551.) 10.36.230 Filing under penalty of perjury. All registration information required by this chapter shall be filed with the city clerk on forms prescribed by the city clerk, and ac- companied by a declaration by the local gov- ernmental lobbyist that the contents thereof are true and correct under penalty of perju- ry. (Ords. 20184, 20366, 22551.) Part 3 OBLIGATIONS OF LOCAL GOVERNMENTAL LOBBYISTS, CLIENTS, CONTRACTORS, AND PERSONS DOING BUSINESS WITH THE CITY Sections: 10.36.240 No unregistered employ- ment or activity. 10.36.250 Personal obligation of city officials prohibited. 10.36.260 Deception prohibited. 10.36.2 70 Improper 'influence pro- hibited. 10.36.280 False appearances pro- hibited. 10.36.290 Prohibited representa- tions. 10.36.300 Records. Supp. No. 6 10.36.240 No unregistered employment or activity. A. A local governmental lobbyist shall not engage in any activity on behalf of a client as a local governmental lobbyist unless such lobbyist is registered and has listed said client with the city clerk. B. No person shall accept compensation for acting as such lobbyist except upon con- dition that he or she forthwith register as required by this chapter. (Ords. 20184, 20366, 22551.) 10.36.250 Personal obligation of city officials prohibited. Local governmental lobbyists, clients, con- tractors, and persons doing business with the city or the redevelopment agency shall ab- stain from doing any act with the express purpose and intent of placing any city or agency officer or designated employee under personal obligation to such lobbyist, client, contractor or person. (Ords. 20184, 20366, 22551.) 10.36.260 Deception prohibited. No local governmental lobbyist, client, con- tractor or person doing business with the city or the redevelopment agency shall deceive or attempt to deceive a city or agency officer or designated employee as to any material fact pertinent to any pending or proposed govern- mental action. (Orris. 20184, 20366, 22551.) 10.36.270 Improper influence prohib- ite d. No local governmental lobbyist shall cause or influence the introduction of any ordinance, resolution, appeal, application, petition, nomi- nation or amendment thereto for the purpose of thereafter being employed as a lobbyist to secure its granting, denial, confirmation, re- jection, passage or defeat. (Ords. 20184, 20366, 22551.) 10.36.280 False appearances prohib- ited. No local governmental lobbyist, client, con- tractor, or person doing business with the 1897 § 10.36.280 SAN JOSE CODE city or the redevelopment agency shall at- tempt in any way to create a fictitious ap- pearance of public favor or disfavor of any governmental action or to cause any commu- nication to be sent to a city or agency officer or designated employee in the name of any fictitious person or in the name of any real person, except with the consent of such real person. (Ords. 20184, 20366, 22551.) 10.36.290 Prohibited representations. No local governmental lobbyist, client, con- tractor, or person doing business with the ci tv or the redevelopment agency shall rep - resent, either directly or indirectly, orally or in - writing that such person can control or obtain the vote or action of any city or agency officer or designated employee. (Ords. 20184, 20366, 22551.) 10.36.300 Records. A local governmental lobbyist shall retain, for a period of fire years, all books, papers and documents necessary to substantiate the registration required to be made under this chapter. (Ords. 20184, 20366, 22551.) Part 4 EMPLOYMENT OF UNREGISTERED PERSONS UNLAWFUL Sections: 10.36.310 Employment unlawful. 10.36.310 Employment unlawful. It shall be unlawful for any person know- ingly to pay another person for services ren- dered in influencing or attempting to influ- ence governmental action, if said person is required to register as a local governmental lobbyist pursuant to Section 10.36170 but has not done so. (Ords. 20184, 20366, 22551.) Cupp. No. 6 Part 5 PROHIBITION OF GIFTS Sections: 10.36.350 Gifts prohibited. 10.36.360 Gift defined. 10.36.380 Gifts not prohibited. 10.36.390 Acceptance of gifts. 10.36.400 Reporting gifts to spouse and children. 10.36.350 Gifts prohibited. A. No officer or designated employee of the city or its redevelopment agency shall accept any gift, directly or indirectly, from any person who is subject to the decision - making or recommending authority of such officer or employee, except as spe- cifically provided in this part. B. "Person subject to the decision - making or recommending authority" means any individual, firm or entity whose interest or whose employer's or client's interest: 1. Has been materially affected by the work of such officer or employee within the two years prior to the time the gift is given, or 2. In the future could reasonably be fore- seen to be materially affected by the work of such officer or employee. (Ords. 20131, 20184, 20366, 20915, 22551.) 10.36.360 Gift defined. "Gift" means a voluntary transfer of any thing, service, payment or value to the ex- tent that legal consideration of equal or greater value is not received. A. As used in this chapter, the term "gift" includes: 1. Any rebate or discount in the price of anything of value unless the re- bate or discount is made in the regu- lar course of business to members of 1898 RC .;IV APR 1 1 1994 MEMORANDUM I FROM THE OFFICE OF THE CITY ATTORNEY April 8, 1994 TO: -Campaign Regulations Committee FROM: Jeff Jorgensen SUBJECT: Wednesday, April 13, 1994 Meeting I will be unable to attend the above meeting because of a previously scheduled vacation. For your information, I have attached a copy of Baron v. City of Los Angeles, and will forward copies of any additional campaign regulations ordinances my office receives prior to the meeting. JGJ /sw enc. 2 Ca1.3d 535 BARON Y. CITY OF LOS ANGELES 67 Cite a& Sup. Se Cal.Rptr. 6-M = 469 P.2d 3.53 conflict with general state laws or because state laws have been enacted to cover same 2 Ca1.3d 535. subject, save as to general laws intended to 1Ha1 F. BARON, Plaintiff and Appellant, preempt. West's Ann.Bus. & Prof.Code, v. §§ 60?D3- 6172; West's Ann.Const art. 11, : CITY OF LOS ANGELES et al., §§ 6, 8(j), 11. - Defendants and Respondents. L. A. 29717. 2. Municipal Corporations C=592(I) Supreme Court of California, �� -here city ordinance requiring regis- Tn Bank- tration of local lobbyists defined "munici- ,, Ainy 5, 1970, pal legislation' so broadly that ordinance applied to virtually all activities of attor- Action by attorney for declaration that neys representing clients before any local ordinance compelling registration of all administrative agencies, including activities persons who engage themselves for consid- unrelated to lobbying as traditionally de- eration for purgose of attempting to infiu- fined, ordinance was invalid insofar as enee action on municipal legislation by city conflicting with provisions of State Bar council or any of its committees, board: or per- Act regulating ",practice of law," i.e., per- : commissions was invalid as applied to the forming services in representative capacity - plaintiff and other persons similarly situat- in manner which would constitute unau- ed. The Los Angeles Superior Court, Ar- thorixed practice of law if performed by Hold Praeger, J., entered a declaratory layman. West's Ann.Bus. & Prof,Code, §§ judgment that the ordinance was valid and 600M17- 1 6002, 6125, 6126; West's Ann. enforceable except as applied to the per -. Const. art. 11, §§ 6, 8(j), 1L ` formance of service_ s which. could. ]awfully - - :.. _ ., _ �_ : _ • . . Phrases be performed only by an attorney. Plain- See publication Words and tiff appealed, The Supreme Court, blosk, for other judicial construetiot+s "a Acting-C. J., held that wbere the ordinance . defin'stions` defined "municipal legislation' so broadly 3, Municipal Corporations C-592(i) the ordinance applied to virtually all activities of attorney's representing clients State Bar Act preempts field of regu- before any local administrative agencies, in- lotion of attorneys only insofar as they are ` eluding activities unrelated to lobbying as "practicing law" under the Act, i, e., per - traditionally defined, the ordinance was in- forming services in representative capacity valid insofar as conflicting With provisions in manner which would constitute unau- _ of the State Bar Act regulating "practice of thorized practice of law if performed by i. c„ performing services in a repre- layman. West's Ann.Bus. & Prof.Code, §§ sentative capacity in a manner which [oflaw," 60'iI 4172, 6002, 6125, 6126. would constitute the unauthorized practice law if performed by layman. — Affirmed. Martin & Flandrick and Robert Flan - Opinion 2 Ca1.App.3d 378, 82 Ca1.Rptr. drick, San Marino, for plaintiff and. appel- 515, vacated. lant. I. Municipal Corporations 4=592(1) Los Angeles being chartered city, ordi- Inances relating to matters which are purely municipal affairs are not invalid because in 56 GI.Rptr. -47 Tuttle & Taylor and Julian Burke, Los Angeles, as amici curiae on behalf of plaintiff and appellant. Burke, Williams & Sorensen and Royal M. Sorensen, Los_ Angeles, for defendants and respondents: o 674 86 CALIFORNU REPORTER 2 Ca1.9d 637 nanees, amendments, and other matters pending or proposed before the City Coun- cil or any of its committees, or before any board or commission, whether created. by Charter or by ordinance, or any committee of a board or commission, or any officer or employee of the City charged by law with the duty of conducting a hearing and making a decision as to the matter pending or proposed." (§ 48.01, subd. (c).) 1, Subdivision (c) of section 48.02 exempts (1) public officials acting in their official capacities, (2) newspapers, radio or tele- vision stations as to news items, editorials and paid advertisements, (3) persona in- vited by the City Council, or any board, commission, committee, or hearing officer, for the purpose of giving testimony in aid of the body or person extending the in- vitation, (4) persons appearing before city agencies regarding municipal legisla- tion pursuant to procedures established by state or federal law, (S) persons ap- pearing without pay and not as part of their regular employment, representing organizations which have one or more of City of Los Angeles on behalf of persons interested in matters falling within the del- " ­*4 inition of "municipal legislation" in the or dir►a_- . -"-To continue his act'svities 1h will be required to register. Acting for himself and others similarly situated, plaintiff filed this action seeking a declaration that th ordinance is void as applied to attorneys because, so applied, it regulates the prac- tice of law, a field preempted by state aleg- their officers or employees already rdg` istered, and (6) persons applying .fo7r grading permits or permits relating id. construction or alteration of buildings. and persons filing parcel or iubdiiQotl maps, provided that persons taldtig ap peals to city agencies on such mat ters9 not exempted. 4- 2. Additional provisions of the ordinance elude the obligations of municipal; lej4 tive advocates (f 48.03) and special I visions apply to persons who colleii: celve or expend money to be_nsed.�, fluencing action on any munlcipal' ?? lation (f 48.06).': _ ' 1MOSK, Acting Chief Justice. An individual required to register under;, _Lsv the ordinance must file with the city clerk ;1 In 1967 the City of Los Angeles adopt ed at the time of registration a form stating Ordinance No. 134571, entitled "Registry his name and address; the name and ad -� tion of Lobbyists and incorporated in Los dress of the person or organization repro -„ Angeles Municipal Code at chapter 4, arti- seated by him, the duration of his employ; .i ,i cle 8 sections 48.01 to 48.09. ment, the amount he receives for expenses The ordinance provides that "any person and what expenses are included. He must ,. who shall engage himself for pay or for also submit written authorization from any consideration * * * for the pur- of attempting to influence the action each person he represents. Each calendar quarter registrants must file additional re- :. pose on municipal legislation by the City Coun- ports of (1) all money received as compen -';' cil, any of its committees, any board or sation for regular employment as a munici- commission, or any committee thereof, or pal legislative advocate, (2) each experidi- "of any officer or employee of the City ture of $25 or more made in the course '= charged by law with the duty of conduct- such employment, (3) the proposed legisla =, inEe hearing and making a decision there- tion he was employed to support or oppose, ' to 1538 including the approval or veto or other and (4) the names of any publications . on, action by the Mayor upon municipal legis- which he contributed written material to 48.02," lation, shall, before doing anything in fur- influence municipal legislation. (§ _ therance of such object, register with the subds. (a) and (b).): L: City Clerk as a municipal legislative advo- The plaintiff in this action is an attor -. i cate." (§ 48.02, subd. (a).1 "Municipal ney in the Los Angeles area. A substan- legislation" is defined by, the ordinance to tial portion of his practice involves appear -' include. "resolutions, motions, appeals, ap- ances._before. the- City Council, afficer- ' plications, petitions, nominations, ordi- = b=_ = boards, committees, and cammissiotis.o# tha nanees, amendments, and other matters pending or proposed before the City Coun- cil or any of its committees, or before any board or commission, whether created. by Charter or by ordinance, or any committee of a board or commission, or any officer or employee of the City charged by law with the duty of conducting a hearing and making a decision as to the matter pending or proposed." (§ 48.01, subd. (c).) 1, Subdivision (c) of section 48.02 exempts (1) public officials acting in their official capacities, (2) newspapers, radio or tele- vision stations as to news items, editorials and paid advertisements, (3) persona in- vited by the City Council, or any board, commission, committee, or hearing officer, for the purpose of giving testimony in aid of the body or person extending the in- vitation, (4) persons appearing before city agencies regarding municipal legisla- tion pursuant to procedures established by state or federal law, (S) persons ap- pearing without pay and not as part of their regular employment, representing organizations which have one or more of City of Los Angeles on behalf of persons interested in matters falling within the del- " ­*4 inition of "municipal legislation" in the or dir►a_- . -"-To continue his act'svities 1h will be required to register. Acting for himself and others similarly situated, plaintiff filed this action seeking a declaration that th ordinance is void as applied to attorneys because, so applied, it regulates the prac- tice of law, a field preempted by state aleg- their officers or employees already rdg` istered, and (6) persons applying .fo7r grading permits or permits relating id. construction or alteration of buildings. and persons filing parcel or iubdiiQotl maps, provided that persons taldtig ap peals to city agencies on such mat ters9 not exempted. 4- 2. Additional provisions of the ordinance elude the obligations of municipal; lej4 tive advocates (f 48.03) and special I visions apply to persons who colleii: celve or expend money to be_nsed.�, fluencing action on any munlcipal' ?? lation (f 48.06).': _ ' _ 2 Ca1.3d 540 BARON v. CITY OF LOS ANGELES 675 - Cite as, Sup., 86 Cal.Rptr. 673 islation, The plaintiff contends that the however, home rule charter cities remain State Bar Act (Bus. ,& Prof,Code, §§ 6000- subject to and controlled by applicable gen- 6172) precludes local regulation of licensed eral state laws regardless of the provisions i p attorneys engaged in the practice of law, of their charters, if it is the intent and - The-trial court held that the ordinance is purpgse of such general laws to occupy the a valid exercise of the police power of the field to the exclusion of municipal regula- ' City of Los Angeles and that it may be ap- tion (the preemption doctrine)." (Id. 'at _ _ plied to plaintiff and others similarly situ- pp- 61 -62, 81 Cal.Rptr, at p. 468, 460 P.2d _ ated, except when they are "acting on be- at p, 140.) s 1 half of others in the performance of a [2,3] Accordingly, our first inquiry r duty or service, which duty or service law- must be to determine whether Ordinance 1 fully can be performed for such other only -No. 134571 regulates purely municipal af- 4 by an attorney licensed to practice law in fairs. If it does, plaintiff's attack on its ' _ the State of California." We affirm the validity, based on the State Bar Act, must _ judgment. fail. However, w nd that the ordinance J540 (1] Los Angeles is a chartered city does not regulate purely municipal affairs .. ' = with the power "to make and enforce all and therefore the ordinance is invalid to _ = laws and regulations in respect to munici- the extent that the field it regulates is - - pal affairs, subject only to the restrictions preempted by state laws. b I - and limitations provided in (its charter]," Superficially, the ordinance would ap- (Cal.Const. art, XI § 6.) 3 Therefore or- pear to be a re tlation of a mere munici- g- _ _ dinances relating to matters which are pal subject: the registration and control of k purely "municipal affairs" are not invalid local lobbyists 5 One is hard pressed to di- because they are in conflict with general vine any statewide concern in a local pro = x - state laws or because state laws have been eedure. by- rpnns_of which a local, legisla -., .. enacted to cover the same subject. (Bich- tive body and the people within its juris- op v. City of San Jose (1969) 1 Cal.3d 56, diction may learn the identity, affluence 61, 81 Ca1.Rptr, 465, 460 P2d 137.) "As and power of the interests seeking to influ- ' to matters which are of statewide concern, ence- action of m_ unicipal legislation.e.. In -..: -_ .< 3. Similarly, article XI, section 8, subdivi- - that the state Legislature is prohibited sion (j), provides in part, "It shall be (by the home rule provisions of the other ! t scompetent in any charter framed under sections of art. XI) from enneting legisla- the nuthority of this section to provide tion which will affect n chartered city. y; that the nnmivipnlity goveruea thereun- In the ]utter case, the sole question is der mmy make mud enforce all laws nud whether or not the subject matter of the + regulntions in resixct to municipal nf- attempted legislation is exclusively a �`. fairs, subjeti•t only to the restrictions and municipal affair." (Professional Fire , = -;;•t: - "" limitations provided in their several Fighters, Inc. v. City of Los Angeles ! ' f_ ehnrters and in respect to other matters (1963) 60 Cal.2d 276,'292, 32 Ca1.Rptr. a they shall be subject to general laws." 830, 840, 384 P.2d 158, 168, fa. 11.) µ Article XI, section 11, embodies the general police power provision applicable S. Lobbyists were originally known as }`�'�A • _ to all cities: "Any county, city, town, or lobby - agents, particularly in Albany in 1 township may make and enforce within the early nineteenth century. By 1832, its limits all such local, police, sanitary however, they were commonly referred to and other regulations as are not in con- con- is Washington as lobbyists. (H. L. Diencken The American Lan Language (1938) ' flict with general laws." - P. 148.) 4. "The doctrine of state preemption be- - comes a determining factor only when a 6. At as early date the United States Su- f f s l - political subdivision s • . attempts preme Court indicated approval of Y .i to legislate under its admitted police pow- identification of lobbying activities. See 1: , er- (art XI, 1 11) on a subject that the Marshall v. Baltimore and Ohio Railroad Upon. y 0 t Bta to also has legislated Company (1853) 57 U.S. 314, 334, 16 :_ The doctrine is not applicable to the claim How, 314, 14 L.Ed. 953, is which the loW r. 2 CaUd 5 676 government statutory 1"O"isior; 114- state's interest in lobbying would state de for the admission, deed, the s efforts of lobbyists to been rna ,ing of membeA_"�f limited to effO sion of disciplir seem to be g before the state SllsPell of Cah-:,. measures pending .1 profession." (State Bar affect me the leg 207 - cal. Code, § 9900 Ct Court (1929) Legislature.. (See Gov fornia v• Sup erlor seq.) 323, 331 278 F. 432, 435', In re McKenna ub- 8. illy reveals 'a s al.2d 610, 611, 107 P.2d 258.) r closer scrutiny (1940) �6 C - However, -rest involved f the State Bii�rl stantial area of statewide interest Furthermore, the scope 0 in Ordinance No, 134571. The definition S. & prof.Code, H 600"172)1. 11 adopted by the Act (Bus. anifests legislative bt, of "municipal legislation" to virtually all it is written today m state interlwi, I city is so broad as to apply there is substantial ics of attorneys representing lief that the legal projession. of the activities in the regulation of clients before 2.11Y local administrative the act delineates-l" A tivitics which Among Other elements' admission to the p actice agencies including those 2c governing P rules g are unrelated to lobbying as it is tradition- rules of professional conduct 0; effect, the ordinance in- Of law, ate Bar, Procedures fo'r ally defined. In effe members of the St regulation of attorneYs embers of the bar, an�i in- vokes a substantial rcg the disciplining Of in their profession in that it d in mat--,j in the Practice Of before rules of procedure to be f011Owc requires many of those practicing b s pending before bar committees. r as "municipal leg- tors Therefore, although the Los Angeles or-:-�. city agencies to register Th d ap-,% islative advocates." dinance, by its title and purpose, would i municipal affairs, the attorneys and control over o be limited to i Regulaton of attcvn pear t written has substantial have always been con- Ordinance as it is the practice of law h a w W i t sidered. matters Of statewide concern- direct effect upon the practice of I - a matter of,statc�,vide conce "[T]be profession and practise Of tb' law' in the state, Ordinance No. 13457ii -while in a limited sense a matter Of private We conclude that :;If n so far as it relates deals with sub�ccts that are not PuVelY mli-Z choice and concern d that the ordinance is 4 to its emoluments) Is essentially and rnore nidpalaf fairs an f I i ci� and con- t that it- con public intirest'a valid to the extell rg -a rdaitei of P el wit corn, not only from the viewp oint of its re- state law. administration of civil and constitu-, to the admin J,�As defined by the cases the la also from that of the criminal law, but a tioal phrase "conflict with general laws' t ts of its membership With the con- X1 11) may arise in several differ-, contacts of society at larges grow Out Of. the 6Y'act stituent membership to be safeguarded ent ways, It may n state and municipal la w,,,$,-- C interest it is positions language Of the ces or evil dispositions citations] or from a local attempt "to..Un_ against the ignoran beneath [c field that I ..... . v4: of those who may be masquerading pose additional requirements in T legal and supposedly cloak of the It is is preempted by the general law " -.[cif -04 the f fi learned and upright professio ns3 or from the state's ado 'of j-par- t'O on these reasons that the mern or the regulation hos!,S�j for t general scheme f if ;the buship, character and conduct Of rofession ticular subject!' lcitat-lonsl- t is j engaging in the legal p - of the field or subjecim, tering and state's preemptic. 9 n n slat 01, regarded as the proper sub ),rFi have long been reg not complete, local supplemental lee _1* d control; n — " t regulation an nflicting to the extent jest of legislative not deerned co our almost the inception Of From alro lead or due to those before "vAM tbeY yen IF that "Influences . secretly solicit, that they should honestly if- p t e r that court warned ly veer- urged 1. .1 • must neces8nrl in their true charneteis,' 00. urged on legislative action arguments ulna representat'01351:._O ,t, Ve their' a court also Doted that and candidly tnade, may rece, The id- ..where Persons a et ss counsel o or agents, tg, -weight and cons ernfion " entative capacity, it is or in any rePres 2 Cal.3d 543 BARON v. CITY OF LOS ANGELES 677 - Cite as, sup., 86 Cu1.Rptr. 873 it covers phases of the subject which have because they expect and are entitled to le- not been covered by state law.. [Cita- Y gal counsel. Attorneys must conform to } - . _ tions.]' -" (Robins v. County of Los Angeles professional standards in whatever capaci- : (1966) 248 Cal.App.2d 1, 8-9, 56 Cal.Rptr. ty they are acting * * "." {Crawford q 853, 858, quoting from In re Martin (1963) v. State Bar (1960) 54 Cal.2d 659, 668, 7 221 Cal.App.2d 14, 16-17, 34 Ca.l.Rptr. 29.9.) Cal.Rptr. 746, 751, 355 P2d 490, 495; As- Plaintiff does not contend that there is sociated Indem. Corp, v. Ind. Acc. Com- _ t direct conflict between the provisions 1943 56 Cal.App.2d 804 ' 80809, 133 P. (1 pp any of the State Bar Act and those of the Los 698.) Angeles ordinance,' and we have found However, in other respects courts have none. The conflict arises, it is asserted, incorporated a less expansive definition of because the State Bar Act preempts the the practice of law" into the State Bar;:.;`;;' field of regulation of the practice of law, Act. As early as 1922, before the passage and that field is invaded by the Los Ange- of the modern State Bar Act, the Supreme _ les ordinance to the extent the ordinance is Court adopted the definition of "practice applied to attorneys acting in a representa- of law" used in an Indiana case: "'[A]s tive capacity. - The State Bar Act is a the term is generally understood, the prac- comprehensive scheme for the regulation tice of the law is the doing or performing ` of all aspects of law practice, which in- services in a court of justice in any matter eludes all professional services performed depending therein, throughout its various by attorneys for their clients. Thus, plain- stages, and in conformity to the adopted tiff contends even if the ordinance pdr- rules of procedure. But in a larger sense ported to regulate only the traditional it includes legal advice and counsel and the 5�E lobbying activities of lawyers —i. e., con- preparation of legal instruments and con- tacting= "and importuning= legislators -. and - --tracts by which legal rights are secured al-:: making paid appearances to influence the though such matter may or may not be de- outcome of legislative matters —it would be pending in a court "' (People v. Mer- invalid. chants' Protective Corp. (1922) 189 Cal. _ - `_�_ °_ _ position is not without sub- Plaintiff's . 531, 535, 209 P. 363, 365. quoting Eley v. Miller (1893) 7 Ind.App: 529; 3 14Z 836, :~ _ stance. It is difficult to draw logical dis- 837; see also State Bar of California v. tinctions among the varied services per- Superior Court (1929) supra, 207 Cal. 323, formed by lawyers for their clients and to 334 -335, 278 P. 432; Agran v. Shapiro != determine that only some of the services (1954) 127 Cal.App.2d Supp. 807, 812, 273 _ constitute the "practice of law." In a P'2d 619; People v. Ring (1937) 26 Cal. r *` pragmatic sense, the practice of law en- APp•2d Supp. 768, 771 - 772, 70 P.2d 281.) r compasses all of the activities engaged in 41[T]he Legislature adopted the state bar by attorneys in a representative capacity, act in 1927 and used the term 'practice law' ` -. including legislative advocacy. (41 Ops. without defining it 7 The conclusion is ob- r ' - Cal.Atty.Gen. 86, 93 (1963).) And it is �� vious and inescapable that in so doing- it - . well settled that a licensed attorney must accepted both the definition already judi- • ,,, _ - �. eonform to the professional standards in cially supplied for the term and the deda- whatever capacity he may be acting in a ration of the Supreme Court" [in Mey- particular - matter." (Libarian v. State Bar (1943) 21 Cal.2d 862, 865, 136 P.2d 321.) chants' that it had a sufficiently definite ] . ". "People call on lawyers for services that meaning to need no further definition. 1,43 s might otherwise be obtained from laymen The definition above quoted from People 7• Current'seetina $f1Q2 0! the Business and this State except justices and judges of. Fmfessiona Code 'provides that "(tjhe courts of record during their continuance in (Italics added.) member' of the state Bar are all persona office." admitted and licensed to prattles into 5D _ I lt:: 678 86 CALIrORNI v. Merchants' Protective. Corp, has been approved and accepted in the subsequent California decisions (citations], and must be regarded as definitely establishing, for the jurisprudence of this state, the mean- ing of the term 'practice law. "' (People v. Ring (1937) supra. 26 Cal.App.2d Supp. 768, 772, 70 P.2d 281, 283.) It is evident that the foregoing defini- tion does not encompass all lawyers' pro- fessional activities which could reasonably be included. However, the definition does delineate those services which only licensed attornys can perform. Laymen who "prac- tice law" within the meaning of the State Bar Act are guilty of a misdemeanor .8 Therefore, it appears for our purposes here that it is,not the whole spectrum of professional services of lawyers with which the State Bar Act is most con- cerned, but rather it is the smaller area of activities defined as the "practice of law." It must be conceded- that ascertaining whether a particular -activity falls within -* this general definition may be a formidable endeavor. (Agran v, Shapiro (1954) su- pra, 127 Cal.App.2d Supp. 807, 812, 273 P. 2d 619.) In close cases, the courts have determined that -the'•- resolution of legal-" questions for another by advice and action is practicing law "if difficult or doubtful legal questions are involved which, to safe- guard the public, reasonably demand the application of a trained legal mind." (Id. at P. 818, 273 P.2d at p. 626; see also Zelkin- v. Caruso Discount Corp. (1960) 186 Cal. App.2d 802, 806, 9 Cal.Rptr. 220; People v. Sipper (1943) 61 Cal.App.2d Supp. 844, 846-847, 142 P.2d 960.) Less perplexing is the determination of whether participation on behalf of another in hearings and pro- ceedings before a board or commission constitutes the practice of law. The cases uniformly hold that the character of the act, and not the -place where it is per- formed, is the decisive element, and if the 8. "No person shall practice law in this State unless be is an active member of State Bar." . (Bus. & Prof.Code, 16125.) "Any person advertising himself as prac- ticing or entitled to practice law or other- If A ther- A REPORTER 2 Ca1.3d 543 - application of legal knowledge* and tech- nique is required, the activity constitutes _• ' the practice of law, even if conducted be-'-.. fore an administrative board or commis sion. (Annotation, What Amounts to Practice of Law (1937) 111 A.L.R. 19, 32.) It follows from the totality of this ra tionale that the State Bar Act preempts the field of regulation of attorneys only insofar as they are "practicing law" under the act —i.e., performing services in a representa- tive capacity in a manner which would _ constitute the unauthorized practice of law if performed by a layman., Such an inter -. pretation of the act is consistent with its ' language and its general scope. The act is co ferned primarily with the licensing of �+ . attorneys, i.e., setting standards for admis- sion to the profession, regulating the con- . duct of those admitted, and disciplining transgressors. As a licensing statute, it distinguishes between the rights and obli- gations of those granted licenses and the u •- general population. Thus, although the ethical standards in the act may apply to attorneys in all of their professional activi- ties, the act in its entirety constitutes an exclusive state regulatory scheme only sofas: 'as=_ it governs the' activities which, only licensed attorneys can lawfully per -L�. q` form. On the basis of detailed findings, trial judge properly held that Ordinance No. 134571 was valid as applied to attar; h}' neys, except when they are acting on be -,i J�,.1- half of others in the performance of • a,.._• duty or service, which duty or service law: fully can be performed for such other only by an attorney licensed to practice law' ix�. the State of California." To the extent that the ordinance purports to goverq law yers' activities which constitute the, •`.'prac- tice of law" within the State Bar' Agt,: -,t ; invades a field of regulation preempted , y state law, and lawyers whose services fog clients in proceedings before city agenci wise practicing law •. • • . who an active member of the State Bai guilty of a misdemeanor." (Bus. & $ Code, 16126.) ird7 2 CaLM 544 BARON v. CITY OF LOS ANGELES 679 Cite as, Sup., 88 Cal.Rptr. GM fall within that definition need not register We recognize that debatable situations �J as "municipal legislative advocates." - For may develop under the ordinance as we illustrative purposes, we indicate that an have circumscribed its application, How- _ attorney representing a client before a city eve r, we are requiring no more of lawyers board or commission which is holding a who must decide whether to register under :. `{ hearing to reach a quasi- judicial decision involving factual legal the ordinance than we require of laymen •, on a matter and who must decide whether their conduct questions need not register under the ordi- may subject them to prosecution for the nance; on the other hand, an attorney au- unauthorized practice of law. thorized by a client to appear at hearings considering local legislation in order to The judgment is affirmed. argue for or against the adoption of that McCOMB, PETERS, TOBRINER, u legislation would be within the legitimate SULLIVAN, JJ., and FORD and FILES, thrust of the ordinance. JJ.* pro tem., concur. • Assigned by the Acting Chairman of the Judicial Council a of MINUTES CAMPAIGN REGULATIONS COMMITTEE Wednesday, July 27, 1994 - 2:30 P.M. Council Hearing Room, City Hall 990 Palm Street, San Luis Obispo COMMITTEE MEMBERS: Present: Janet Kourakis, Dominic Perello, Richard Schmidt, and Vice Chair Carla Saunders Absent: Chair GlennaDeane Dovey STAFF MEMBERS: Present: City Clerk Diane R. Gladwell, and Assistant City Clerk Kim Condon Absent: City Attorney Jeff Jorgensen I. Call to Order Vice Chair Saunders called the meeting to order at 2:45 p.m. II. Roll Call Roll call was taken. III. Minutes The minutes of Wednesday, July 13, 1994 were adopted (general consent). IV. lobbying Ordinance The committee reviewed the draft Council agenda report prepared by City Clerk Diane Gladwell including revisions given to Ms. Gladwell by Chair Dovev prior to the meeting. The City Clerk said that comments by the City Administrative Officer after his review pointed out potential areas of ambiguity said she would like to include statements in the staff report making it clear that a municipal advocate does not have to disclose all his clients when speaking for one client on a specific issue, and that a person or business representing themselves is not a municipal advocate. Committee Member Kourakis expressed her serious continued opposition to asking the muncipal advocate to register his /her city of residence and phone number. CAMPAIGN REGULATIONS COMMITTEE AGENDA WEDNESDAY, JULY 27, 1994 - 2:30 P.M. COUNCIL HEARING ROOM - CITY HALL 990 PALM STREET - SAN LUIS OBISPO I. CALL TO ORDER II. ROLL CALL: Janet Kourakis, Dominic Perello, Vice Chair Carla Sanders, Richard Schmidt, and Chair GlennaDeane Dovey III. MINUTES Consideration of the minutes of Wednesday, July 13, 1994. IV. LOBBYING ORDINANCE Continued consideration of a municipal lobbying ordinance and the draft Council Agenda Report with the committee's recommendations. V. PUBLIC COMMENT VI. ADJOURNMENT CAMPAIGN REGULATIONS COMMITTEE AGENDA WEDNESDAY, JULY 13, 1994 - 3:00 P.M. COUNCIL HEARING ROOM - CITY HALL 990 PALM STREET - SAN LUIS OBISPO I. CALL TO ORDER II. ROLL CALL: Janet Kourakis, Dominic Perello, Vice Chair Carla Sanders, Richard Schmidt, and Chair GlennaDeane Dovey III. MINUTES Consideration of the minutes of Wednesday, June 29, 1994. IV. LOBBYING ORDINANCE Continued discussion of a municipal lobbying ordinance. V. PUBLIC COMMENT VL ADJOURNMENT MINUTES CAMPAIGN REGULATIONS COMMITTEE Wednesday, July 13, 1994 - 3:00 P.M. Council Hearing Room, City Hall 990 Palm Street, San Luis Obispo COMMITTEE MEMBERS: Present: Janet Kourakis, Dominic Perello, Richard Schmidt, Vice Chair Carla Sanders, and Chair GlennaDeane Dovey STAFF MEMBERS: Present: City Clerk Diane R. Gladwell, City Attorney Jeff Jorgensen, and Assistant City Clerk Kim Condon I. Call to Order Chair DQyey called the meeting to order at 3:04 p.m. II. Roll Call Roll call was taken. III. Minutes The minutes of Wednesday, June 13, 1994 were adopted (general consent). IV. Lobbying Ordinance The committee reviewed the draft ordinance as submitted by City Attorney Jorgensen on June 30, 1994. Moved by Sanders / Perello that the registration form require the municipal advocate to list city of residence and not home address; motion carried (4 -1; Kourakis voting no). After proceeding through the ordinance section by section, the committee agreed to minor changes and amendments, including a provision that the municipal advocate be required to identify the party or parties they are representing when speaking at a public meeting (general consent). Following their review of the ordinance, the committee gave staff direction on revisions to the Municipal Advocate Registration form submitted by Assistant City Clerk Condon. CRC Minutes - Page 2 June 29, 1994 City Clerk Gladwell stated that she would prepare a draft Council Agenda report for review at the next meeting. She suggested that the Municipal Advocate ordinance be presented to the City Council at their meeting of Tuesday, August 16, 1994. V. Public Comment Bob Thoma, asked in an unpaid volunteer from a non- profit organization would have to register as a municipal advocate. City Attorney Jorgensen answered that only those paid to influence decisions would be required to register. There being no further business to come before the committee, Chair Dovev adjourned to Wednesday, July 27, 1994 at 2:30 p.m. in the Council Hearing Room. CRC Minutes - Page 2 July 27, 1994 Moved by Sanders /Kourakis to delete the provision that the municipal advocate register city of residence and phone number; motion was lost; 2 -2 -1; Committee Members Perello and Schmidt voting no, Chair Dovey absent. After further discussion, it was agreed that the staff report discuss the concerns of some committee members regarding this issue. The committee asked that the agenda report include a clear statement that a municipal advocate may speak at a meeting before registering with the City Clerk, and that a more positive statement regarding the purpose and intent of the ordinance be stated in the staff report. The committee also directed the City Attorney to add a severability clause. Moved by Pere]]o /Kourakis to forward the report and municipal advocate ordinance to the City Council for their consideration on Tuesday, August 16, 1994; motion carried, 4 -0 -1, Chair Dovey absent. V. Public Comment There was no public comment. There being no further business to come before the committee, Vice Chair Saunders adjourned the meeting at 3:20 p.m. CAMPAIGN REGULATIONS +COMM11TEE AGENDA WEDNESDAY, JUNE 29, 1994 - 2:30 P.M. COUNCIL HEARING ROOM - CITY HALL 990 PALM STREET - SAN LUIS OBISPO I. CALL TO ORDER II. ROLL CALL: Janet Kourakis, Dominic Perello, Vice Chair Carla Sanders, Richard Schmidt, and Chair GlennaDeane Dovey III. MINUTES Consideration of the minutes of Wednesday, June 8, 1994. IV. LOBBYING ORDINANCE Continued discussion of a municipal lobbying ordinance. V. PUBLIC COMMENT VI. ADJOURNMENT The meeting scheduled for June 22, 1994 at 2:30 p.m. has been cancelled and rescheduled on the above date. MINUTES CAMPAIGN REGULATIONS COMMITTEE Wednesday, June 29, 1994 - 2:30 P.M. Council Hearing Room, City Hall 990 Palm Street, San Luis Obispo COMMITTEE MEMBERS: Present: Dominic Perello, Richard Schmidt, Vice Chair Carla Sanders, and Chair GlennaDeane Dovey Absent: Janet Kourakis STAFF MEMBERS: Present: City Cleric Diane R. Gladwell, City Attorney Jeff Jorgensen, and Assistant City Clerk Kim Condon I. Call to Order Chair Dovey called the meeting to order at 2:38 p.m. IL Roll Call Roll call was taken. III. Minutes The minutes of Wednesday, June 8, 1994 were adopted (general consent). IV. Lobbying Ordinance The committee accepted the June 13th draft of the ordinance submitted by City Attorney Jorgensen. City Attorney Jorgensen reported that the Culver City City Council has passed a lobbying ordinance to print, but had postponed final passage due to pending legislation on attorneys. The committee discussed the key points of registration, enforcement, and penalties. The committee agreed that it would be the obligation of the lobbyist to register with the City Clerk. The committee gave staff direction on the type of information they would like to be included on the Registration form: 1) Name, home address and phone number of the municipal advocate; CRC Minutes - Page 2 June 29, 1994 2) Occupation of municipal advocate; 3) Name, address and phone number of municipal advocate's principal place of business; 4) Name, address and phone number of the municipal advocate's client; and 5) The legislative action which client has an interest in and wishes to influence. City Attorney Jorgensen recommended that violations of the ordinance be infractions (general consent). The committee directed staff to include in the ordinance that a municipal advocate must state his advocacy when speaking at a public meeting. VI. Public Comment Sheree Davis, representing the Chamber of Commerce, said the Chamber had not taken a position on the proposed ordinance. 4:05 p.m., there being no further business to come before the Committee, Chair Dovev adjourned the meeting to Wednesday, July 13, 1994 at 3:00 p.m. CAMPAIGN REGULATIONS COMMITTEE AGENDA WEDNESDAY, JUNE 22, 1994 - 2:30 P.M. COUNCIL HEARING ROOM - CITY HALL 990 PALM STREET - SAN LUIS OBISPO I. CALL TO ORDER II. ROLL CALL: Janet Kourakis, Dominic Perello, Vice Chair Carla Sanders, Richard Schmidt, and Chair GlennaDeane Dovey III. MINUTES Consideration of the minutes of Wednesday, June 8, 1994. IV. LOBBYING ORDINANCE Continued discussion of a municipal lobbying ordinance. V. PUBLIC COMMENT VI. ADJOURNMENT ,29. CAMPAIGN REGULATIONS COMMITTEE AGENDA WEDNESDAY, JUNE 8, 1994 - 2:30 P.M. COUNCIL HEARING ROOM, CITY HALL 990 PALM STREET - SAN LUIS OBISPO I. CALL TO ORDER II. ROLL CALL: Janet Kourakis, Dominic Perello, Vice Chair Carla Sanders, Richard Schmidt, and Chair GlennaDeane Dovey III. MINUTES Consideration of the minutes of Wednesday, May 11, 1994. IV. LOBBYING ORDINANCE Continued discussion of a municipal lobbying ordinance. V. PUBLIC COMMENT VI. ADJOURNMENT. MINUTES CAMPAIGN REGULATIONS COMMITTEE Wednesday, June 8, 1994 - 2:30 P.M. Council Hearing Room, City Hall 990 Palm Street, San Luis Obispo COMMITTEE MEMBERS: Present: Janet Kourakis, Dominic Perello, Richard Schmidt, Vice Chair Carla Sanders, and Chair GlennaDeane Dovey Absent: None STAFF MEMBERS: Present: City Clerk Diane R. Gladwell, City Attorney Jeff Jorgensen, and Assistant City Clerk Kim Condon I. Call to Order Chair Dovey called the meting to order at 2:45 p.m. II. Roll Call Roll call was taken. III. Minutes The minutes of Wednesday, May 11, 1994 were adopted (general consent). IV. Lobbying Ordinance The committee began its review of the draft ordinance prepared by the City Attorney. The committee considered the portion of the ordinance under exemptions dealing with invitees. Although concern was expressed that this was an area of possible abuse, the committee felt it was important that the Council's ability to obtain the best and most up -to- date information might be inhibited if Council invitees had to register as municipal advocates. After further discussion, the committee agreed to delete certain portions of Section 2.64.030(c), "Exemptions," to read, "A person specifically invited by the City Council, or any board or commission, for the purpose of giving testimony in aid of the body extending the invitation." CRC Minutes - Page 2 June 8, 1994 Subsections (a), (b), were not changed, although Subsection (e) was deleted. Subsection (f) was amended to read, "licensed architect or engineer." The "revolving door" clause, submitted as Attachment 3, dealing with municipal advocacy by former City officers and employees was approved as submitted. City Attorney Jorgensen asked the committee to consider the details of enforcement that must be included in the ordinance before the committee's next meeting. He suggested that the approach be as uncomplicated as possible. Assistant City Clerk Condon explained the staffing implications for the City Clerk's Department if the ordinance took on a broad scope and reiterated that need to keep implementation and enforcement relatively simple. VI. Public Comment There were no public comments. 4:25 p.m., there being no further business to come before the Committee, Chair Dovev adjourned the meeting to Wednesday, June 22, 1994 at 2:30 p.m. CAMPAIGN REGULATIONS COMMITTEE AGENDA WEDNESDAY, MAY 11, 1994 - 2 :30 P.M. PERSONNEL CONFERENCE ROOM, CITY HALL 990 PALM STREET - SAN LUIS OBISPO I. CALL TO ORDER II. ROLL CALL: Janet Kourakis, Dominic Perello, Vice Chair Carla Sanders, Richard Schmidt, and Chair GlennaDeane Dovey III. MINUTES Consideration of the minutes of Wednesday, May 4, 1994. IV. LOBBYING ORDINANCE Continued discussion of a municipal lobbying ordinance. V. PUBLIC COMMENT VI. ADJOURN TO WEDNESDAY, MAY 18, 1994 AT 2:30 P.M. ,,.*- 4 '�tr ka *'M-7 /Sp. MINUTES CAMPAIGN REGULATIONS COMMITTEE Wednesday, May 11, 1994 - 2:30 P.M. Personnel Conference Room, City Hall 995 Palm Street, San Luis Obispo COMMITTEE MEMBERS: Present: Janet Kourakis, Dominic Perello, Richard Schmidt, Vice Chair Carla Sanders Absent: Chair GlennaDeane Dovey STAFF MEMBERS: Present: City Clerk Diane R. Gladwell, City Attorney Jeff Jorgensen, Absent: Assistant City Clerk Kim Condon I. Call to Order Vice Chair Carla Saunders called the meeting to order at 2:50 p.m. II. Roll Call Roll call was taken. III. Minutes The minutes of Wednesday, May 4, 1994 were adopted(general consent). Committee Member Janet Kourakis stated that Assistant City Clerk Kim Condon should be commended for the excellent minutes. IV. Lobbying Ordinance The Committee discussed minor changes to the proposed definition of Municipal Advocate; amendments will be made and redistributed. The Committee discussed the potential application, and stated it should apply to Council, Planning Commission and staff and officers that make legislative or discretionary determinations. The Committee discussed exemptions and reviewed the chart presented in the packet. It was agreed that non - profit grants -in -aid groups, public officials or employees acting in their official capacity, and "Invitees" (persons normally falling within the definition of the Page Two Minutes - Campaign Regulations Committee May 11, 1994 ordinance, but specifically invited by the Council to make a presentation) be exempted (consensus). Registration and disclosure thresholds were discussed, including adopting the FPPC's standard. The Committee determined that there should be no thresholds, therefore requiring full disclosure of all activities (consensus). The Committee discussed "revolving door" provisions prohibiting former City employees from participating in lobbying activities for a specified period of time following their employment with the City; City Attorney Jeff Jorgensen will seek appropriate wording and make a recommendation to the committee (Consensus). The Committee determined the next meeting would be held on May 25th at 2:30. VI. Public Comment There were no public comments. 4:40 p.m., there being no further business to come before the Committee, Vice Chair Carla Saunders adjourned the meeting. CAMPAIGN REGULATIONS COMMITTEE AGENDA WEDNESDAY, MAY 4, 1994 - 2:30 P.M. COUNCIL HEARING ROOM, CITY HALL 990 PALM STREET - SAN LUIS OBISPO I. CALL TO ORDER II. ROLL CALL: Janet Kourakis, Dominic Perello, Vice Chair Carla Sanders, Richard Schmidt, and Chair GlennaDeane Dovey III. MINUTES Consideration of approving the minutes of Wednesday, April 6, 1994 and Wednesday, April 13, 1994. IV. LOBBYING ORDINANCE Continued discussion of a municipal lobbying ordinance. V. PUBLIC COMMENT VI. ADJOURN TO WEDNESDAY, MAY 11, 1994 AT 2:30 P.M. The Campaign Regulations Committee did not convene as scheduled on Wednesday, April 20, 1994 due to lack of a quorum. Please bring your agenda material from that meeting to the May 4 meeting. MINUTES CAMPAIGN REGULATIONS COMMITTEE Wednesday, May 4, 1994 - 2:30 p.m. Council Hearing Room, City Hall 990 Palm Street, San Luis Obispo COMMITTEE MEMBERS: Present: Janet Kourakis, Dominic Perello, Vice Chair Carla Sanders, and Chair GlennaDeane Dovey Absent: Richard Schmidt STAFF MEMBERS: Present: Assistant City Clerk Kim Condon Absent: City Attorney Jeff Jorgensen and City Clerk Diane R. Gladwell I. Call to Order Chair DQyey called the meeting to order at 2:40 p.m. II. Roll Call Roll call was taken. III. Minutes The minutes of April 6, 1994 and April 13, 1994 were approved as submitted. (Consensus) IV. Lobbying Ordinance The committee reviewed lobbying ordinances from San Jose, San Diego, Los Angeles City, Los Angeles County, and San Francisco and listed the exemptions in each ordinance as per the attached chart. The committee agreed that non- profit grants -in -aid groups should be exempted from a local ordinance. They also debated whether the proposed ordinance should include a "revolving door" clause prohibiting former City employees from participating in lobbying activities for a specified period of time following their employment with the City. Campaign Regulatons C.,- omittee Minutes - Page 2 Wednesday, May 4, 1994 Carla Sanders told the committee that in her discussions with the Culver City City Attorney, he had indicated that the ordinance he is preparing would define a municipal lobbyist as anyone who is paid to influence legislative actions. The committee discussed exempting lawyers due to the attorney /client relationship. The committee considered whether the lobbyist or the employer of the lobbyist would be responsible for filing, Chair Dovev asked that the City Clerk's Office try to determine which approach would make enforcement the easiest and most effective. Other issues the committee agreed to consider at upcoming meetings were: 1) How often a registrant would have to renew. 2) Whether exemptions should be made for decisions regarding single family homes, grading permits, etc. 3) What mechanisms should be put in place to trigger registration and at what level. 4) Should the ordinance exclude administrative actions that are not seen as discretionary governmental decisions. 5) Should lobbying activity begin at the Architectural Review Commission and /or Planning Commission level? The committee tV ed that a fee for registration should not be imposed and that the ordinance should be kept as simple as possible so as not to undermine community acceptance of the proposed legislation. (Consensus) There being no further business to come before the committee, Chair Dovev adjourned the meeting at 4:35 p.m. LOBBYIST EXEMPTIONS City /County News Media Bidders Public Council A person A representative officials Invitees invited by a of a lobby firm acting registered already officially lobbyist registered Existing L.A. X X Proposed L.A. X X X Ethics Comm. L.A. County San Francisco X X X X San Jose X X X X San Diego X X X Architect /Eng- Certain Employee Architects/ Churches Anyone who is ineer /Attorney activities /per on behalf of Attorneys paid to influence limited to mits, tentative employer (licensed) government certain actions maps /short of who is not decisions appeal paid to influence Existing L.A. Proposed L.A. Ethics Comm. L.A. County San Francisco an Jose X X San Diego Attys only X Culver City ORDINANCE NO. (1993 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER XX OF THE MUNICIPAL CODE ENACTING ARTICLE XX, SECTION XXX RELATING TO THE REGISTRATION OF MUNICIPAL ADVOCATES BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section XX of Article XX, Chapter XX of the San Luis Obispo Municipal Code is hereby amended to read in full as follows: "SECTION xx Purpose and Intent The City recognizes that Lobbyists do not have public authority, but they may have significant influence in the City, and the public has a right to know who is trying to influence the decisions being made, and any financial relationships between those who are being influenced and those who are trying to influence them. The purpose and intent of this ordinance is to provide a procedure whereby persons acting as municipal advocates are required to register and provide sufficient information so that complete disclosure of principals and other parties in interest represented by such municipal advocates may become a public record for the information of the City Council and the general public. It is not the intent of this ordinance to discourage nor prohibit the exercise of constitutional rights. SECTION XX "Municipal Advocate" Defined AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this day of , 1993. Mayor Peg Pinard ATTEST: City Clerk Diane R. Gladwell APPROVED: City Attorney Jeff Jorgensen CAMPAIGN REGULATIONS C©MMIrrEE AGENDA WEDNESDAY, APRIL 20, 1994 - 2 :30 P.M. COUNCIL HEARING ROOM, CITY HALL 990 PALM STREET - SAN LUIS OBISPO I. CALL TO ORDER II. ROLL CALL: Janet Kourakis, Dominic Perello, Vice Chair Carla Sanders, Richard Schmidt, and Chair GlennaDeane Dovey III. MINUTES Consideration of approving the minutes of Wednesday, April 6, 1994 and Wednesday, April 13, 1994. IV. LOBBYING ORDINANCE Continued discussion of a municipal lobbying ordinance. V. PUBLIC COMMENT VI. ADJOURN TO WEDNESDAY, MAY 4, 1994 AT 2:30 P.M, CAMPAIGN REGULATIONS COMMITTEE AGENDA WEDNESDAY, APRIL 13, 1994 - 2:30 P.M. FINANCE CONFERENCE ROOM *, CITY HALL 990 PALM STREET - SAN LUIS OBISPO I. CALL TO ORDER II. ROLL CALL: Janet Kourakis, Dominic Perello, Carla Sanders, Richard Schmidt, and Chair GlennaDeane Dovey III. LOBBYING ORDINANCE Continued discussion of a municipal lobbying ordinance. IV. PUBLIC COMMENT V. ADJOURN TO WEDNESDAY, APRIL 21, 1994 AT 2:30 P.M. *The Finance Conference Room is located behind the Community Development Department on the first floor of City Hall. MINUTES CAMPAIGN REGULATIONS COMMITTEE Wednesday, April 13, 1994 - 2:30 p.m. Finance Conference Room, City Hall 990 Palm Street, San Luis Obispo COMMITTEE MEMBERS: Present: Janet Kourakis, Dominic Perello, Vice Chair Carla Sanders, and Richard Schmidt, and Chair GlennaDeane Dovey Absent: None STAFF MEMBERS: Present: City Clerk Diane R. Gladwell, Assistant City Clerk Kim Condon Absent: City Attorney Jeff Jorgensen I. Call to Order Chair DQVey called the meeting to order at 2:40 p.m. II. Roll Call Roll call was taken. III. Lobbying Ordinance Janet Kourakis asked that staff bring back to the committee all City regulations currently in place that disclose conflict of interest, campaign contributions and other financial involvement in City business. The committee considered the impact of Baron v. City of Los Angeles, submitted to them by City Attorney Jorgensen, regarding when an attorney representing a client before a city board or commission should be considered a "municipal legislative advocate," but Committee Members interpretations of the case differed. After discussion, the committee agreed the public's right to know who is paid to influence or attempt to influence governmental decisions was the principle rationale for enacting a lobbying ordinance. The committee also agreed that the administrative burden on staff should be kept to a minimum. (Consensus), Campaign Regulations Committee Vednesday, April 13, 1994 Minutes - Page 2 The committee decided that any person or business who was paid any amount of money to lobby a city official or legislative body should be considered a lobbyist or municipal advocate. They discussed whether to have municipal advocates register prior to contact with any staff member and the possibility of requiring periodic reporting of contacts. A phased implementation approach with further review and evaluation in a year or two was considered versus putting a fully developed ordinance before the Council. The committee examined cases that should be exempted and agreed that non - profit grant applicants should be exempted because the disclosure of their activities would have been made in the grant application. (Consensus) Staff was asked to prepare a draft registration form and directed that it include the advocates name, client, subject, business address, city of residence and home and business telephone numbers. The committee agreed to use the San Francisco ordinance's definition of a lobbyist as the model for their ordinance. The committee also liked a statement from the Cowan Commission (City of Los Angeles). (Consensus) City Clerk Gladwell said she would prepare a rough draft of the ordinance as a tool to enable the committee to more easily develop it. VI. Public Comment There was no public comment. 4:30 p.m., there being no further business to come before the Committee, Chair Dovev adjourned the meeting to Wednesday, April 20, 1994 at 2:30 p.m. at City Hall. CAMPAIGN REGULATIONS COMMITTEE AGENDA WEDNESDAY, APRIL 6, 1994 - 2 :30 P.M. COUNCIL HEARING ROOM, CITY HALL 990 PALM STREET - SAN LUIS OBISPO I. CALL TO ORDER II. ROLL CALL: Janet Kourakis, Dominic Perello, Carla Sanders, Richard Schmidt, and Chair GlennaDeane Dovey III. ELECTION OF VICE CHAIR IV. LOBBYING ORDINANCE Review of model ordinances regarding municipal lobbying.* V. PUBLIC COMMENT VI. ADJOURN TO WEDNESDAY, APRIL 13, 1994 AT 2:30 P.M. *Due to the volume of the lobbying material previously submitted to the committee, we have not copied the information again. If you did not retain this material, contact Kim Condon at 781 -7103 and another copy will be supplied. MINUTES CAMPAIGN REGULATIONS COMMITTEE Wednesday, April 6, 1994 - 2:30 p.m. Council Hearing Room, City Hall 990 Palm Street, San Luis Obispo COMMITTEE MEMBERS: Present: Janet Kourakis, Dominic Perello, Carla Sanders, and Richard Schmidt, and Chair GlennaDeane Dovey Absent: None STAFF MEMBERS: Present: City Clerk Diane R. Gladwell, City Attorney Jeff Jorgensen, Assistant City Clerk Kim Condon I. Call to Order Chair Dovey called the meeting to order at 2:40 p.m. II. Roll Call Roll call was taken. III. Election of Vice Chair Carla Sanders elected Vice Chair. (General Consent) IV. Lobbying Ordinance City Attorney Jorgensen identified the ordinances submitted previously to the committee: City of Los Angeles, Los Angeles County, San Francisco and San Diego. He told the committee he had spoken with someone on the Los Angeles Ethics Committee regarding enforcement of the Los Angeles ordinance and staffing levels. He also reported that the Culver City ordinance was still on the drawing board. He submitted an article from the Daily Journal (3 /24/94) entitled "Lawyer Disclosure Provision Delays New Lobbyist Rules." Committee Member Sanders presented an article from the Los Angeles Times entitled 16 Million Paid to City Lobbyists." I Campaign Regulations (- ,,mmittee ednesday, April 6, 1994 Minutes - Page 2 City Clerk Gladwell advised the committee to structure any proposals so that public participation and communications at Council meetings would not be discouraged. The committee discussed thresholds, exemptions, enforcement mechanisms, impacts on workload, and establishing reasonable cause for enacting an ordinance to register lobbyists. Committee Member Sanders offered that the public's right to know who is being paid to influence City policies is sufficient reason to pursue this legislation. Attorney Jorgensen urged the committee to come back with specific examples of lobbyist activity and said that these examples would be important when the committee's recommendation came before the Council. The committee members agreed to define the problem and establish whether or not there is a need for such an ordinance at the next meeting. They also agreed to review the other ordinances prior to the next meeting. V. Public Comment There was no public comment. 4:38 p.m., there being no further business to come before the Committee, Chair Dovev adjourned the meeting to Wednesday, April 13, 1994 at 2:30 p.m. at City Hall. LOBBYING ORDINANCE DISCUSSION NOTES April 6, 1994 Concepts: Money results in influence. Public disclosure balances impact. The public has a right to know who pays a lobbyist Lobbyists have access to greater resources and information This gives a bias /advantage to commercial interests A lobbyist may withhold relevant information Questions: 1. Is there a problem in San Luis Obispo? 2. Do we need control or disclosure? 3. What is the public's right to know? Examples: Tobacco industry in smoking ordinance Outside Influence Outside influence etievron r ar MEETING AGENDA DATE,. ITEM # COMMUNICATION ITEM .,::., .., .r .,�.�,�...a�,. ..vY.r :,�.,.rr56.i.L.L:.n+.rh}.i �r:,^/ /rn.rA . '�.�....: '�....., 'r�✓l. `o�' .:.....'sh ......... `r.t� f .. March 15, 1994 TO: Council Colleagues FROM: Peg Pinard, Mayoa() , SUBJECT: Campaign Regulations Committee Five members of the Campaign Regulations Committee have indicated they could continue to serve and make recommendations pertaining to a possible lobbying ordinance: GlennaDeane Dovey, Chair Richard Kransdorf, Vice Chair Dominic Perello Carla Sanders Richard Schmidt On February 1st Council directed, "Ask the Campaign Regulations Committee to continue to review and make recommendations regarding a municipal lobbying ordinance; if members do not wish to continue, Council Members are to submit names to the Mayor for appointment recommendations." Since no other Council Members have submitted additional recommendations for appointment, I believe our earlier direction will allow the committee to now commence researching and making their recommendations to Council on this issue. /drg W�POLINICIL � AO VCAi] AITTORNEY CLERKK)RIC © MGMT TEAM F ENEMWI ❑ CDD DIR a, 1:1 FIN DIR ❑ FIRE CHIEF CI PW DIf C] POLICE CHF C❑ REC DIR 17 LIM UR C] na's on 11011i 11f111$1011� j city of san _ .pis oBi spo MINNIUMA COUNCIL AGENDA REPORT FROM: The Campaign Regulations Committee GlennaDeane Dovey, Chair PREPARED BY: Diane R. Gladwell, City Clerk SUBJECT: Municipal Lobbying Ordinance RECOMMENDATION: Consider a Municipal Lobbying Ordinance DISCUSSION: MEETIN IJAT ; ITEM NUMBER:` Within the committee's understanding of our assignment, and as a result of discussion of disclosure requirements, disclosure of lobbyist's campaign contributions was discussed. The Committee is aware that the Council also had expressed a concern in this area, as demonstrated by the Program Objective Options in the Goals for the 1993 -95 City budget to, "Assure full compliance with disclosure requirements for contractors, consultants, and lobbyists ". A number of municipal governments have enacted lobbying ordinances, and in the spirit of achieving this goal, we are forwarding copies of these ordinances for your review and consideration. ATTACHMENTS: (Available in the Council Office) Summary of Municipal Ordinances Ordinances from: County of Los Angeles City of Los Angeles (with supporting documents) City of San Diego City of San Francisco 5 MEETING AGENDA _ATE ITEM # s�— To: City Council From: Carla Sanders, Member of Elections Committee, speaking as an individual. Subject: Lobbying Ordinance, background information Attached is the summary of Los Angeles City's revised Lobbying Ordinace. If just became available. "These revisions were drafted by the Office of the City Attorney in accordance with instruction of the City Council's Rules and Elections,.:. Committee after numerous public hearings by the Committee and the City Ethics Commission." Also attached is a copy of the "findings" for the Los Angeles Municipal Lobbying Ordinance. These findings, or reasons, would obviously also apply in any size city, including San Luis 'Obispo. When asked if there was a need for lobbying ordinances in smaller cities, an attorney for Common Cause responded,'.,;, "Influence is influence... in a large city or a smaller one. Smaller cities throughout the United States are beginning the process of adopting their own lobbying ordinances." A lists of questions you may have, and responses is also attached. Los Angeles City has spent a very large ammount of money to obtain legal opinions, City Attorney drafted revisions,and input from several years of public hearings by the City Council's Rules and Elections Committee, and the City's Ethics Commission. It would seem prudent and advantageous for San Luis Obispo to take advantage of Los Angeles's considerable expenditures on this issue and build on their work. Adopting a Lobbying Ordinace would affirm that the citizen's of San Luis Obispo also have "a right to know who is being paid to lobby city officials and what issues lobbyists are seeking to influence. Full disclosure of lobbying activities allows the public to know what pressures are being placed on their governmental representatives and how they respond to them..... Complete disclosure of the full range of activities by lobbyists and those employing lobbyists to influence City governmental decisions is essential to the Maintenance of citizen confidence in the integrity of their local government." (L.A. City Ethics Commission). 15COUNCIL D 000 01 F4 V Av 0 FIN DIFI C7 FIM5 CHIP �GAO TTORNEY 0 PW PIPI 0LgM J0MI 1 0 POL105 QHF • MGMT TEAM 0 REG 4IR • ;*i READ PI .L H Q VTIL PIR Sincerely, O'sa GuV&,LJ Carla Sanders 11. , FEB a 1994 SAN LUIS OUISPO, CA Questions You May Have: Why have a lobo in ordinance? Lobbying Ordinances "recognize that the public has a right to know who is being paid to lobby city officials and what issues lobbyists are seeking to influence. Full disclosure of lobbying ac.'tivities allows the public to know what pressures are being placed on their governmental representatives and how they repond to them "..... "Complete disclosure of the full range of activities by lobbyists to influence City governmental decisions is essential to the maintenance of citizen confidence in the integrity of their local government. "(L.A. City Ethics Commission) ....A list of "Findings" for a Lobbying Ordinance is attached. What is a lobbyist? A lobbyist is usually defined as individual or firm which RECEIVES COMPENSATION to influence or attempt to influence governmental decisions. A city may set a "threshold" of J oney paid before registration as a lobbyist is required. This solves the problem of "casting too wide a net ". A city Council appointed "Lobbying Ordinance Committee" could gather information and make a recommendation of a "threshold" appropriate to _ S.L.O.. What do Lobbying Ordinances Do? Lobbying Ordinances require public disc osure of the activities of those who are paid to influence or attempt to influence governmental decisions.Lobbying Ordinaces usually require that lobbyists also disclose their city campaign contributions. Should San Luis Obispo have a Lobbyinq Ordinance? If the City +council be-1 eves that the public has a right to know who is being paid to influence or attempt to influence governmental decisions; then the City Council should vote tonight to begin the process of Adopting a Lobbying Ordinance. The first step would probably be to have the City Council recommend names to form a Lobbying Ordinance Committee of City residents . That committee would research, gather information and make recommendations to the Council. ORDINANCE NO. An ordinance repealing and re- enacting Article 8 of Chapter IV of the Los Angeles Municipal Code, relating to municipal lobbying. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: section 1. Article 8 of Chapter IV of the Los Angeles Municipal Code is hereby repealed. Sec. 2. A new Article 8 is hereby added to Chapter IV of the Los Angeles Municipal Code to read: ARTICLE 8 MUNICIPAL LbBBYING SEC. 48.01. Title and Findings. A. Title. This Article shall be known and may be cited as the Los Angeles Municipal Lobbying Ordinance. B. Findings. The following findings are adopted in conjunction with the enactment of this Article: 1. City government functions to serve the needs of all citizens. -- -� e cat zens of the City of Los Angeles have a ric[h_to P Y of yinterests wh atte a decisio s of vtzmagnt, as well as the means em to ed b those interests. 3. 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. 4. Qqmplete public disclosure of the full_ range of a0 ivl� and f inanrng of - lobbyists and those who employ their services is essential to the aintena confidence in the int-earity of lona 1 m fi7^L Mont_ _ 5. 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. 6. It is in the public interest to adopt these amendments to the City's regulations of lobbyists to ensure adequate and effective disclosure of information about efforts to lobby City government. Ordinance "A" - 1 - CITY ETHICS COMMISSION DENNIS E. CURTIS PRESIDENT DR. CYNTHIA ANN TELLES VICE - PRESIDENT TREESA WAY DRURY EDWIN GUTHMAN WILLIAM KARL MILLS OF • • #r CALIFORNIA _ December 1993 To: All Interested Parties From: Ben Bycel, Executive Director City Ethics Commission RE: PROPOSED LOBBYING ORDINANCE REVISIONS BENJAMIN SYCEL EXECUTIVE OFFICER CITY ETHICS COMMISSION 201 NO. LOS ANGELES ST LA. MALL - SUITE 2 LOS ANGELES. CA 90012 (213) 237 -0310 (213) 485 -1093 FAX Enclosed for your information are proposed revisions to the City's lobbyist registration ordinance (Los Angeles Municipal Code section 48.01 et seq.). These revisions were drafted h3 e Office of the City Attorney in accordance with the instructiQIISStf the _i ouncil'c Rules and Election s—Cgm mittee after numerous public hearings b the Committee and the Cit Ethics Commission. This informational pad et consists of the following two components: ■ an Ethics Commission overview of the Committee's proposed ordinance; and ■ the text of the Committee's proposed ordinance (Ordinance "A ") You should be aware that the City Ethics Commission has urged the Committee to adopt an alternative ordinance (identified as Ordinance "B "). Ordinance "B" amends the Committee's approach in two key areas: ■ the compensation threshold for defining a lobbyist and lobbying firm would be reduced from $2,000 per calendar month to no higher than $1,000 per calendar month; and ■ the requirement for quarterly reporting by "quasi-judicial clients" would be eliminated. The Office of the City Attorney has transmitted both arafts to the Committee and we expect the Committee to resume action on these proposals at its January 19, 1994 meeting. If you have any questions or would like any additional information, please contact me or LeeAnn Pelham, Deputy Director for Operations, at (213) 237 -0310. Enclosures AN EQUAL EMPLOYMENT OPPORTUNITY — AFFIRMATIVE ACTION EMPLOYER 3m -3« Qecember 1993 OVERVIEW OF MUNICIPAL LOBBYING ORDINANCE PROPOSED BY RULES AND ELECTIONS COMMITTEE [Note: This overview was prepared by the City Ethics Commission as only a summary of the draft ordinance proposed by the City Council's Rules and Elections Committee. Please refer to the text of the draft ordinance for complete language.] How "lobbying" is defined. A person is lobbying when he or she communicates directly with a City official on behalf of any other person in an attempt to influence a matter that is pending or proposed before any City agency. Attempting to influence a decision means promoting, supporting, opposing or seeking to modify or delay a City decision or action by any means. Lobbying regulations apply to individuals and entities. Th_e proposed ordinance regulates compensated lobbying by individuals, business entities, associations, organizations, or ncert. The ordinance defines the following as regulated persons (see draft ordinance for full text): Lobbying firm Any entity, including an individual contract lobbyist, which receives or becomes entitled to receive $2,000 or more during a calendar month to lobby, provided any partner, owner, shareholder, officer or employee of the entity qualifies as a lobbyist. Lobbyist Any individual who receives or becomes entitled to receive $2,000 or more in compensation during any calendar month to lobby on behalf of any other person. Lobbyist employer Any entity, other than a lobbying firm, that employs a lobbyist in -house to lobby on its own behalf. Quasi-judicial client Any person who is represented by an attorney in a "quasi - judicial proceeding" where the attorney receives or becomes entitled to receive $2,000 in a month for the purpose of attempting to influence such a proceeding. Major filer Any person who spends $5,000 during a calendar quarter for public relations, advertising or similar activities in an attempt to urge others to communicate directly with City officials in order to influence City decisions. 1 f OVERVIEW OF RULES AND ELECTIONS COMMITTEE DRAFT (continued) Lobbying involves a variety of City decisions and actions. The ordinance regulates lobbying of officials or employees on any matter pending or proposed before any City agency if any of the following are charged by law with making a final decision on that matter: the Mayor, City Council, its committees, or any agency board, commission, committee, general manager, or officer or employee charged with holding a hearing and making a decision. The following matters, however, are exempted: ■ requests for advice or for an interpretation of laws, regulations, City approvals or policies; ■ ministerial actions; and ■ certain collective bargaining activities by recognized employee organizations. Registration is required only after a specific threshold is met. Lobbyists and lobbying firms must register with the City Ethics Commission within 10 days after receiving or becoming entitled to receive $2,000 during a calendar month in lobbying compensation. Registration costs $50 for each lobbyist and $20 for each client represented. Registrations last for a year, and are renewed each January 15. Lobbyist employers, major filers, and quasi-judicial clients are not required to register, but they must file regular reports of their lobbying activities (see below). The following persons or entities, however, are exempted: ■ public officials and public employees acting in their official capacities; ■ newspapers and other media, including owners, publishers or employees, when in the ordinary course of business they publish or broadcast news, editorials, comments, or advertising that directly or indirectly attempts to influence action on municipal legislation; ■ a person acting without any compensation or consideration; and ■ any person whose only activity is submitting a bid on a competitively bid contract or submitting a written response to a request for proposals (RFP). 2 OVERVIEW OF RULES AND ELECTIONS COMMITTEE DRAFT (continu;d) Quarterly activity reporting is required. At the end of each calendar quarter, the following regulated persons must disclose information about their lobbying activity on public reports filed with the Ethics Commission: • lobbying firms ■ lobbyists • lobbyist employers ■ major filers • quasi-judicial clients Lobbying firms file detailed reports that include the following: ■ a list of all clients the firm or its lobbyists represented during the quarter; ■ a description of each item of municipal legislation on which the firm or its lobbyists lobbied on behalf of its clients; ■ the total amount of payments received from each client during the period in connection with its lobbying activities; ■ the total amount of lobbying expenses; ■ any gift or other payment of $25 or more from the firm made to or benefitting any City official, including free tickets to political or charitable fundraising events; ■ total amount of such payments or gifts from the firm; ■ campaign contributions of $100 or more from the firm made or delivered to a City officer or City candidate, or for which the firm acted as intermediary; ■ any compensated campaign services the firm provided to a City candidate or to a City ballot measure committee; ■ any compensated services the firm provided under contract to the City. 3 e OVERVIEW OF RULES AND ELECTIONS COMMITTEE DRAFT (continued) Attached to the quarterly report of the lobbying firm are additional disclosures by each of the firm's lobbyists, which include the following: ■ any gift or other payment of $25 or more from the lobbyist made to or benefitting any City official, including free tickets to political or charitable fundraising events; ■ total amount of such payments or gifts from the lobbyist; ■ campaign contributions from the lobbyist of $100 or more made or delivered to a City officer or City candidate, or for which the lobbyist acted as intermediary; ■ any compensated campaign services provided by the lobbyist to a City candidate or to a City ballot measure committee; and ■ any compensated services provided by the lobbyist under contract to the City. Lobbyist Employers file detailed reports that include the following: • name of each "in- house" lobbyist; ■ total lobbying payments to these lobbyists; ■ total lobby - related payments to employees, other than lobbyists, who engaged in lobbying during the quarter; ■ total payments for lobbying activities (excluding overhead etc.); ■ description of each item of municipal legislation on which the employer's lobbyist(s) lobbied; ■ any gift or other payment of $25 or more from the entity made to or benefitting any City official, including free tickets to political or charitable fundraising events; ■ total amount of such payments or gifts from the entity; and ■ campaign contributions of $100 or more from the entity made or delivered to a City officer or City candidate, or for which the employer acted as intermediary. 4 OVERVIEW OF RULES AND ELECTIONS COMMITTEE DRAFT (continued) Attached to the quarterly report of the lobbyist employers are additional disclosures by each of the "in- house" lobbyists, which include the following: ■ any gift or other payment of $25 or more from the lobbyist made to or benefitting any City official, including free tickets to political or charitable fundraising events; ■ total amount of such payments or gifts from the lobbyist; ■ campaign contributions from the lobbyist of $100 or more made or delivered to a City officer or City candidate, or for which the lobbyist acted as intermediary; ■ any compensated campaign services provided by the lobbyist to a City candidate or to a City ballot measure committee; and ■ any compensated services provided by the lobbyist under contract to the City. Maior filers must file reports that include the following: ■ description of each item of municipal legislation which the major filer attempted to influence; ■ total payments for direct communications with a City official for the purpose of attempting to influence that municipal legislation; and ■ total payments for soliciting or urging others to directly communicate with a City official for the purpose of attempting to influence that municipal legislation. Quasi-judicial clients must file reports that include the following: ■ name, address, phone of each attorney retained to represent the client in the quasi-judicial proceeding(s) where the attorney received or became entitled to receive $2,000 or more during the quarter if the attorney (1) appeared for the client at the proceeding or (2) otherwise communicated directly with the decisionmaker in connection with the proceeding; ■ the total amount of fees and other payments to the attorney for this representation; 5 OVERVIEW OF RULES AND ELECTIONS COMMITTEE DRAFT (continued) ■ the total amount of reimbursements for expenses paid to the attorney in connection with this representation; and ■ the identification of each such quasi-judicial proceeding. The Ethics Commission is authorized to audit statements and reports, and penalties and enforcement measures are clarified. Late filing penalties accrue at $25 per day up to $500 for any statement or report that is not filed by the appropriate deadline. Criminal penalties may be pursued within one year after the date on which the violation occurred for any person who knowingly or willfully violates any provision of the ordinance. Failure to properly report receipts or expenditures or other violations may result in civil penalties of up to $2,000. A civil action may be filed up to four years after the date on which the violation occurred for any person who intentionally or negligently violates a provision of the ordinance. Revocation of lobbying privileges for one year may occur in instances where a lobbyist has been convicted of criminal violation or where a court has determined that a violation was intentional. overview.lob lap 1193 6 ENSURING MEANINGFUL PUBLIC DISCLOSURE: City Ethics Commission Proposals to Streamline and Strengthen the Lobbying Ordinance Prepared by the City Ethics Commission October, 1992 ■ Background on Lobbyist Disclosure in the City of Los Angeles ■ Examples - How the New System Would Work AN EQUAL EMPLOYMENT OPPORTUNrry - /pPIRMATM ACTION EMPLOYER -.;ITY OF LOS ANGELS -j' CALIFORNIA CITY ETHICS COMMISSION BENJAMIN EXECUTIVE OFFICER DENNIS E CU PRESIDENT CITY ETHICS COMMISSION DR. CYNTHIA ANN TELLES 201 NO. LOS ANGELES ST. VICE - PRESIDENT LA. MALL - SUITE 2 LOS ANGELES. CA 90012 TREESA WAY DRURY (213) 2370310 EDWIN GUTHMAN TOM BRADLEY (213) 4851093 FAX WILLIAM KARL MILLS MAYOR ENSURING MEANINGFUL PUBLIC DISCLOSURE: City Ethics Commission Proposals to Streamline and Strengthen the Lobbying Ordinance Prepared by the City Ethics Commission October, 1992 ■ Background on Lobbyist Disclosure in the City of Los Angeles ■ Examples - How the New System Would Work AN EQUAL EMPLOYMENT OPPORTUNrry - /pPIRMATM ACTION EMPLOYER �;ITY OF LOS ANG ELE CALIFORNIA CITY ETHICS COMMISSION DENNIS E. CURTIS PRESIDENT DR. CYNTHIA ANN TELLES VICE - PRESIDENT Y TREESA WAY DRURY NDE EDWIN GUTHMAN WILLIAM KARL MILLS December 1993 To: Ail Interested Parties From: Ben Bycel, Executive Director+ City Ethics Commission RE: PROPOSED LOBBYING ORDINANCE REVISIONS BENJAMIN SYCEL EXECJT!yE O -FICER CITY ETHICS CCMNIISSiCN 201 NO- LOS ANGELES S. L.A. MALL - SJITE 2 LOS ANGELES. CA 90012 (213) 237 -0310 (213) 485 -1093 FAX Enclosed for your information are proposed revisions to the City's lobbyist registration ordinance (Los Angeles Municipal Code section 48.01 et seq.). These revisions w were draftee hy__tbe Office of the City Attorney in accordance with the in-� truc 'Qns of the City- Council_'s_ Rules and Elections Committee after numerous public hearings by the Committee and the Cif Ethics Commission. This informational pac tet consists of the following two components: ■ an Ethics Commission overview of the Committee's proposed ordinance; and ■ the text of the Committee's proposed ordinance (Ordinance "A ") You should be aware that the Citv Ethics Commission has urged the Committee to adopt an alternative ordinance (identified as Ordinance "B "). Ordinance "B" amends the Committee's approach in two key areas: ■ the compensation threshold for defining a lobbyist and lobbying firm would be reduced from $2,000 per calendar month to no higher than $1,000 per calendar month; and ■ the requirement for quarterly reporting bY "quasi- judicial clients" would be eliminated. The Office of the City Attorney has transmitted both crafts to the Committee and we expect the Committee to resume action on these proposals at its January 19, 1994 meeting. If you have any questions or would like any additional information, please contact me or LeeAnn Pelham, Deputy Director for Operations, at (213) 237 -0310. Enclosures AN EQUAL EMPLOYMENT OPPORTUNITY -AFFIRMATIVE ACTION EMPLOYER :- .: -,�• -- Y; • -:., December 1993 OVERVIEW OF MUNICIPAL LOBBYING ORDINANCE PROPOSED BY RULES AND ELECTIONS COMMITTEE [Note: This overview was prepared by the City Ethics Commission as only a summary of the draft ordinance proposed by the City Council's Rules and Elections Committee. Please refer to the text of the draft ordinance for complete language.] How "lobbying" is defined. A person is lobbying when he or she communicates directly with a City official on behalf of any other person in an attempt to influence a matter that is pending or proposed before any City agency. Attempting to influence a decision means promoting, supporting, opposing or seeking to modify or delay a City decision or action by any means. Lobbying regulations apply to individuals and entities. The proposed ordinance regulates compensated lobbying by individuals, business_ entities, associations, or s r41.5—o�per�� actin 'n c . The ordinance anization defines the following as regulated persons (see draft ordinance for full text): Lobbying firm Any entity, including an individual contract lobbyist, which receives or becomes entitled to receive $2,000 or more during a calendar month to lobby, provided any partner, owner, shareholder, officer or employee of the entity qualifies as a lobbyist. Lobbyist Any individual who receives or becomes entitled to receive $2,000 or more in compensation during any calendar month to lobby on behalf of any other person. Lobbyist employer Any entity, other than a lobbying firm, that employs a lobbyist in -house to lobby on its own behalf. Quasi-judicial client Any person who is represented by an attorney in a "quasi - judicial proceeding" where the attorney receives or becomes entitled to receive $2,000 in a month for the purpose of attempting to influence such a proceeding. Major filer Any person who spends $5,000 during a calendar quarter for public relations, advertising or similar activities in an attempt to urge others to communicate directly with City officials in order to influence City decisions. 1 OVERVIEW OF RULES AND ELECTIONS COMMITTEE DRAFT (continued) Quarterly activity reporting is required. At the end of each calendar quarter, the following regulated persons must disclose information about their lobbying activity on public reports filed with the Ethics Commission: • lobbying firms ■ lobbyists • lobbyist employers ■ major filers • quasi - judicial clients Lobbying firms file detailed reports that include the following: ■ a list of all clients the firm or its lobbyists represented during the quarter; ■ a description of each item of municipal legislation on which the firm or its lobbyists lobbied on behalf of its clients; ■ the total amount of payments received from each client during the period in connection with its lobbying activities; ■ the total amount of lobbying expenses; ■ any gift or other payment of $25 or more from the firm made to or benefitting any City official, including free tickets to political or charitable fundraising events; N total amount of such payments or gifts from the firm; ■ campaign contributions of $100 or more from the firm made or delivered to a City officer or City candidate, or for which the firm acted as intermediary; ■ any compensated campaign services the firm provided to a City candidate or to a City ballot measure committee; ■ any compensated services the firm provided under contract to the City, 3 CITY ETHICS COMMISSION PROPOSALS TO STREAMLINE AND STRENGTHEN THE LOBBYING ORDINANCE "In deciding what should be disclosed by individuals subject to lobbying regulations, the Commission recognized that lobbyists do not have public authority, but they may have significant influence in the City, and the public has a right to know who is trying to influence the decisions being made, and any financial relationships betwren those wha are being influenced and those who are trying to influence them. ' The Cowan Commission to Draft an Ethics Code for Los Angeles City Government, November 1989 BACKGROUND The Cowan Commission recognized that the public has a right to know who is being paid to lobby City officials and what issues lobbyists are seeking to influence. Full disclosure of lobbying activities allows the public to know what pressures are being placed on their governmental representatives and how they respond to them. For a last twenty+ -five years, individual lvfibyists attempting to influence the decisions of Los Angeles City government have been required to publicly disclose 1) basic information about the clients and projects they represent, 2) how much money they have been paid to lobby, and 3) how much they spend on their lobbying activities. Last year alone, lobbyists reported receiving nearly $6.5 million dollars to influence City government. A clear need exists, however, for more complete reporting to ensure that the public has full knowledge about the range of activities lobbyists are engaging in. Disclosures required under the, law have not kept pate with the ways in which lobbyists seek to influence decisions in City Hall. While significant sums are spent to influence City decisions, they go unreported under the currant law. The Ethics Commission seeks to ensure meaningful public disclosure d rough ,streamlining and strengthening the City's lobbying ordinance. While not a part of these proposals, the Commission in the near future will attempt to resolve issues raised by lawyers who claim exemption from the lobbying ordinance. L,&ying Ordinance Revisic� - Pct e a - AMENDING THE LOBBYIST ORDINANCE For over five years, the City Council has expressed strong interest in amending the current municipal lobbying ordinance. The City Ethics Commission first embarked on a review of the City's lobbying laws in February of 1991 when the Commission, then newly - formed, held a public hearing to consider revisions to the lobbying ordinance. The Commission temporarily set aside its review while it hired staff and undertook revision of the City's Governmental Ethics Ordinance. In the fall of 1991, the Commission re- focused on the lobbying issue. It began a series of public forums to solicit comment from the public and interested parties about needed changes in the law. The Commission heard testimony on who should be regulated, what defined "lobbying," and what registration and reporting requirements should exist under the revised lobbying ordinance. In February, the Commission voted on a package of recommendations, which included language to clarify specific enforcement provisions for violations of the lobbyist laws. Because the City Ethics Commission has no authority to enact ordinances -- even in area over which it has enforcement power -- it has transmitted the proposed changes to the City Council for its consideration and action. The Council's Rules and Elections Committee is scheduled to bear and consider the proposals on Wednesday, October 28. COMMISSION PROPOSALS TO ACHIEVE MEANINGFUL DISCLOSURE In addition to clarifying the language of the lobbying ordinance, the Ethics Commission's proposals recommend a number of key changes to streamline and strengthen the law. The new framework is modelled after the lobbying provisions of the state's Political Reform Act, which has worked successfully at the state1 since 1974. A summary of the Comrxu a iommendations appears below. Streamlining the Law ■ A threshold test to relieve those who "lobby" the City only infrequently (less than S paid contacts) from haying to register and report. ■ A threshold test to relieve those who recelve less than $1,000 in compensation per quarter to lobby from having to register and report. Currently, any individual who receives any payment to attempt to influence municipal legislation must register as a lobbyist and must file required quarterly reports. - For example, an individual who is paid $50 to apps once before the City Council to comment on a proposed City business tax would have to register before appearing and submit quarterly reports for the entire year that he or she Ni3.+s' I/jfi��ilf� f .�.�. 'ilWOM f .r.,, %I _ Streamlining the Law (continued) is registered. The new law, however, would require that person to register and rewrt only after he or she qualified as a lobbyist under the revised definition b meeting either f the two threshold tests. Strengthening Disclosure ■ More specific disclosure requirements for the expenses that must be reported each quarter by those who are required to reamer and report. Currently, individual lobbyists rarely report any expenditures made in their lobbying efforts. The revised law details specific expenditures that lobbyists, lobbyist firms, and employers with in- house" olibjnsts— +ou7d`4x requin report. [Lobbyist clients, that is ffiose who only contract with an independent loth st or lobb 'st firm for lobbyira_g services wo not aired to su_ mi reports. ] Lobbyists, lobbyist firms, and employers with "in- house" lobbyists, for example, would be required to report items given to City officials, such as gifts and tickets to political events. In addition, they would be required to report other lobbying expenses, such as newspaper ads or mailing costs. A lobbyist's reportable "activity expense," however, would not include normal office expenditures, such as clerical salaries, rent, or utility expenses for normal office operation. ■ A requirement that lobbyist films that meet the threshold test register and report their lobbying activities each quarter. I individual lobbyists are required to and report under the law. Thin p Vision, ho v avdy addresses currCnt toanyIng.pra W:9 artdrthe4rov h-inPobb)ing firms, that is, firms that receive yments to represeent someone else before City government] For examp e, while an individual lobbyist may n u== y incur expenses or receive payments from a client, a lobbyist firm does. The public has a right to know how much is paid and spent to influence City decisions, whether it is reported by individual lobbyists or by their firms. ■ A requirement that employers with "in- house" lobbyists report their lobbying activities. Currently, an employee of a business or other organization who lobbies City government on behalf of his or her employer must also register and report as a Strengthening Disclosure (continued) municipal lobbyist. Current law, however, provides insufficient information about the lobbying activities of the organizations that employ these "in- house" lobbyists. While a corporation may spend money in tandem with the activities of its lobbyist- employee, for example, these payments go unreported simply because the lobbyist does not incur them. The proposed law would ensure that such lobbying activities are reported by the firm. ■ A requirement that those who spend significant amounts for advertising or public relations aimed at influencing "municipal legislation" be required to report their expenditures each quarter. Currently, City law requires reporting of only those expenditures that are incurred by individual lobbyists. Under the current law, for example, the cast of a full- page ad or billboard space to urge others to communicate with City officials or to state a position on municipal legislation is not reported. The proposed law, however, would require any person spending $2,000 or more in a quarter on such expenditures to report them to the City Ethics Commission. Meaningful Enforcement ■ Establish meaningful enforcement provisions for violations of the law and failures to comply. The current law provides no mechanism for assessing late fees against lobbyists who fail to comply with the required filing deadlines. Moreover, the severity of the only remedy that has existed in the law's 25 -year history is inappropriate to many violations and thus undermines real enforcement: violations and failures to comply were tmted only through a criminal misdemeanor filing. Since the creation of the Ethics Commission, the City Charterers provided administrative pen es as_an alternative to nuidemeanor filings. Even this alternative, fioweverr, is inappropriate for addressing many likely infractions of the law: late filings. Importantly, while retaining the option to pursue criminal charges when necessary, the new law would establish meaningful enforcement provisions tailored the nature of the violation by creating specific late filing penalties and by allowing suits in civil court. Examples of how the new system would work and a copy of the Ethics Commission's proposed ordinance are attached. Los Angela City Mies Commission Proposed Lobbying ordinance Revisions I, LOBBYISTS When do they register? When they meet the definition of a lobbyist. What do they report (1) The disclosures required in sections A and B on page each quarter? 3, if the lobbyist is a sole practitioner (that is, an individual contract lobbyist). (2) The disclosures required in section A on page 3, if the lobbyist is employed within a lobbyist firm. II. LOBBYIST FIRMS When do they register? When they meet the definition of a lobbyist firm. What do they report The disclosures required in section B on page 3. Firms each quarter? also submit their lobbyists' reports with the firm's disclosures. IS? -'t: Anyone—�ho- receives_ yr becomej entitled to _receive Si,tlfilQ or compensation io a calendar quarter, exclusive of reasonable travel r expenses, receivto communicate directly oragents on behalf of any other pe `-' r carter, to an compensation and makes S or more contacts with any_City o�le� q� �- -- in_ fluence or attempt to inllutivice municipal k'gislation." Apy_t� (Including an individual contract lobbyist) which received ar bec�a talve. compeossa or more a c nle dar qua er, otter aces, to communicate with Cit o c al(s) than reimb for reasonable travel of [nf[ue municipal [egisis� #inn," nr vn behalf of any other persoo(s} for the 1 on or mo occs�siom with that receives any com ration to communicate direct Inirluencing "municipal 0u; 1(s) on of any other persan s for tiro purpose a [o6`byiSt. l==.iiI. an any Wert owner, o r or' employee of a en Loa Angeles city Ethics Commission 11;1 5 , A5.314 ul. Proposed Lobbying Ordinance Revisions 1. INDEPENDENT LOBBYIST — SOLE PRACTMONER Jane Doe is an independent contractor who is paid by others to attempt to influence municipal legislation on their behalf. Jane is not affiliated with a lobbying firm. Until she meets the threshold of $1,000 received in a calendar quarter, or makes 5 paid contacts during the quarter, she does not register or report anything to the CEC. Once she meets either of the threshold criteria, however, she must register as a lobbyist. In addition, at the end of each quarter, she must disclose information required by sections A and B, shown on the next page. 2. INDEPENDENT LOBBYIST — EMPLOYED WMIIN A LOBBYIST FIRM John Doe is employed with Municipal Lobbying, Inc. (NMI), a firm that receives payments to lobby on behalf of its clients. John meets the threshold by receiving $1,000 in compensation, or making 3 paid contacts, to attempt to influence municipal legislation on behalf of his client(s). He is therefore required to register and submit quarterly reports. He is required to disclose information shown in section A only. Because John is a now a "lobbyist" and because MLI receives payments from others to lobby, MLI becomes a "lobbyist firm" for registration and reporting purposes. MLI also submits quarterly reports as discussed below. 3. LOBBYIST FU01S As stated above, John Doe's employer, MLI, also registers because it meets the definition of a "lobbyist firm." At registration, MLI must list everyone in the firm who has met the definition of a lobbyist. When filing its quarterly reports, MLI gathers its lobbyists' individual reports and submits them to the CEC along with the MLI firm's report, which includes disclosures about the firm's lobbying expenses and other activities. Ez=pjc: On the firm's quarterly report, MLI must disclose information shown in section B (see next page). MLI must disclose John Doe's lobbying activities because he is a registered lobbyist with MLI [see item (4)]. There is no duplication in reporting because John Doe does not report this information, as a sole practitioner would. Instead, the firm reports the clients on whose behalf John Doe is lobbying, and their nature; the total payments from these clients to the firm; and the item(s) of municipal legislation on which John Doe is lobbying for each client. In addition, MU also must disclose the names of other clients it has and these clients' lobbying interests if they are not already reported for its registered lobbyists in item (4) [see item (9)]. The firm would list all of its clients and their lobbying interests, if not already reported for John'Doe. The firm, however, would not need to specify the names of its employees who worked for these clients who are not registered lobbyists. 2 Los Angeles City Ethics Commission Proposed Lobbying Ordinance Revisions „TCCT ORXJRE5 REOUI RED AT THE END OF EACH QUARTER The following disclosures are used for reporting by "independent" lobbyists. l (See explanation on pp. 1 -2) ■ Section A - Sole practitioners and lobbyists within lobbyist firms: (1) lobbyist name (2) lobbyist's business address/phone (3) lobbyist's activity expenses, if any (4) l uibutions, if any (S) date, cost and location of any fundraisers held or arranged, if any, by the lobbyist (6) consultant services provided by lobbyist, if any ■ Section B - Lobbyist firms: (1) name of lobbyist firm (2) firm's business address/phone (3) submit the firm's lobbyist reports (see section A) (4) name of client that each of the firm's registered lobbyists is lobbying on behalf of, including: (a) client's business address/phone (b) cliesnt's nature (c) total payments from client to firm (d) item of "municipal legislation" on which the registered lobbyist is worldng for the client (5) total payments firm has received from all clients it has (6) firm's activity expenses, if any (7) firm's_ City cam�aLgn contributions, if any, (g) date, cost, and location of any fundraisers held or arranged, if any, by the firm (9) list of all other clients and items of "municipal legislation," not already reported in (4) above, that the firm or its employees are attempting to influence on behalf of those clients. Los Angeles City Ethics Commission I. F1 I Proposed Lobbying ordinance Revisions IN -HOUSE LOBBYISTS When do they register? When an individual meets the definition of a lobbyist and he or she is employed in an entity that does not receive payments to lobby on behalf of any other(s) (and only lobbies on behalf of that employed. What do they report The disclosures required in section A on page 6. each quarter? EMPLOYERS OF IN -HOUSE LOBBYISTS When do they register? An employer of an in -house lobbyist is no required to register. What do they report Employers report information about their lobbying each quarter? activities once one person in the firm is required to register as an in -house lobbyist. The disclosures required of these employers are shown in section B on page 6. LOBBYIST: Anyone who receives or becomes entitled to receive $1,000 or more in compensation in a calendar quarter, exclusive of reasonable travel expenses, to communicate directly or through agents on behalf of any other-person(s), off. who receives any compensation and makes S or more contacts with any City oMcial(s) per quarter, to influence or attempt to influence "municipal legislation." LOBBYIST EMPLOYEE: An entity that employs an in -house lobbyist to lobby on its behalf, and that is not a lobbyist firm. 4 Los Angela City Ethics Commiaio0 Proposed Lobbying ordinance Revisions THE WAY IT WORKS - ERAMMES 1. IN -HOUSE LOBBYIST Ann Able is an employee of Widgets, Inc.'s governmental relations staff. As part of her job, she attempts to influence municipal legislation on the firm's behalf. She does not attempt to influence legislation for any client other than her employer. Until she meets the threshold of $1,000 received in a calendar quarter, or makes S paid contacts during the quarter, she does not register or report anything to the CEC. Once she meets either of the threshold criteria, however, she must register as a lobbyist, with Widgets, Inc. as her client. At the end of each quarter, she must disclose information required by section A, shown on page 6. In addition, as an employer with an "in- house" lobbyist, Widgets, Inc. must also submit quarterly reports as discussed below. 2. EMPLOYER WITH IN -HOUSE LOBBYIST Because it employs Ann Able as an in -house lobbyist, Widgets, Inc., must also submit quarterly reports disclosing information about the firm's municipal lobbying interests and activities. (In contrast, if Widgets aptly contracted with an outside lobbyist or lobbyist firm and had no in -house lobbyist, it would be a client with no requirement to report anything to the CEC). As an employer with an in -house lobbyist, Widgets, Inc. is not required to register with the CEC. When filing its quarterly report, Widgets, Inc. is required to disclose information shown in section B on page 6. FZnmRle: Once Ann Able has met the threshold test and is required to register as an in -house lobbyist, Ann must submit quarterly reports to the CEC. Her in- house lobbyist report discloses basic identifying information (such as name, business address, etc) and provides information about any activity expenses she incurred (e.g. providing tickets to a political fundraiser to a city official); her campaign contributions to city candidates, their committees, or to a city ballot measure committee; information about any fundraisers she held or arranged; and what consultant services, if any, she provided during the quarter to the City or for campaign related purposes. (As an in -house lobbyist, then, Ann is required to disclose the same information as an independent lobbyist is required to provide). As Ann's employer, Widgets, Inc. also discloses information about the firm's municipal lobbying activities. For each quarter that Ann qualifies as an in -house lobbyist, Widgets discloses the names of all lobbyists it employs; the total payments to these lobbyists; and a specific description of the item of municipal legislation on which Widgets is lobbying. In addition, Widgets is also required to provide information about any activity expenses the firm incurred; any campaign contributions the firm made to city candidates or their committees or to a city ballot measure; and information about any fundraisers Widget held or arranged. If Widgets, Inc. also hires independent lobbyists to assist in its municipal lobbying activities, however, its payments for those activities would be reported only by the independent lobbyist with whom the firm contracted. 5 Los Angela City Rhics Commission Proposed Lobbying Ordinance Revisions Used for reporting by "in- house" lobbyists and their employers. (See explanation on pp. 4 -5) ■ Section A - In -house lobbyists: (1) in -house lobbyist name (2) full business address/phone (3) in -house lobbyist's activity expenses, if any (4) in -house lobbyist's City campaign contributions, if any (5) date, cost and location of any fundraisers geld or arranged, if any, by the in -house lobbyist (5) consultant services provided by in -house lobbyist, if any ■ Section B - Lobbyist employer with in -house lobbyist: (1) name of lobbyist, employer (2) name of lobbyist(s) employed (3) full business address/phone (4) total payments to in -house lobbyist(s) (5) specific description of lobbyist employer's lobbying interest(s) (i.e. items of municipal legislation the employer is seeking to influence) (6) employer's activity expenses, if any (7) employer's City campaign contributions, if any (8) date, cost and location of any fundraisers held or arranged, if any, by the lobbyist employer N. Loa Angela City Ethics Commission Proposed Lobbying Ordinance Revisions IRE BASK FRAMEWORK FOR MAJOR EUM MAJOR FILERS When do they register? A major filer is not required to register. What do they report? - Major filers must report information to the CEC once they reach a significant level of expenditures used to influence or to attempt to influence municipal legislation. Once the person or entity becomes a major filer, the filer must disclose the items shown on page 8. PROPOSED DEFREMON MAJOR FILE : A rson or entity who makes payments totalling $2,000 or more in any calendar quarter on expenditures for public relations,T&ert6ing, or pHnf 'micureed for col is ti g or urging other persons to enter into communication with any City offlcial(s) to influence or attempt to influence "municipal legislation," 9r that state or advocate a i lion related to "municipal legislation." These payments do not— #nclude payments to a lobbyist(s) or lobbyist firm(s). maple: As part of its effort to attempt to influence a Council decision regarding the landscaping of a new thousand -acre City park, Palm Trees, Inc. (PTI) spent $5,000 in one quarter on billboards throughout key council districts stating "Urge Your Councilmember to Support Palm Tree Plantings Now!" In addition, PTI spent another $3,000 during the quarter on fliers for distribution in these districts that stated "Palm Trees Should Be Planted Now in New Thousand -Acre Park." Because PTI spent $2,000 or more in a calendar quarter on payments for advertising that urged other persons to enter into communication with a City official and on fliers that advocated a position related to municipal legislation, the firm met the definition of a major filer and must . report these expenditures. Now U PTT chose instead to pay $8,000 to a lobbyist or lobbying film to conduct its lobbying campaign to influence this City decision, the payments to the lobbyist or lobbyist firm would not trigger any reporting requirement for PTI. Instead, these payments would appear on the disclosure reports of the lobbyist firm that PTI retained. If PTI paid the $8,000 to a lobbyist or lobbyist firm, however, aad spent at lust $2,000 as discussed above, the $2,000 payments would subject PTI to reporting requirements as a major filer. it Los Angeles City Ethics Commission Proposed Lobbying Ordinance Revisions The following disclosures are used for reporting by major filers. (Set explanation on page 7) (1) name/address/phone of major filer (2) total amount spent (3) itemization of payments (of $100 or more) (4) purpose of payments (i.e. specific description of item of "municipal legislation" that the filer attempted to influence (S) major filer's activity expenses, if any (6) date, cost, and location of any fundraisers held or arranged, if any, by major filer 8 Los Angeles City Ethics Commission Proposed Lobbying Ordinance (06/01/92) ORDINANCE NO. [NOTE: Final ordinance language will be prepared by the City Attorney's Office after instruction by the Rules and Elections Committee of the City Council.] An ordinance repealing and re- enacting Article 8 of Chapter IV of the Los Angeles Municipal Code relating to municipal lobbying. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. Article 8 of Chapter IV of the Los Angeles Municipal Code is repealed, operative Section 2. A new Article 8 is hereby added to Chapter IV of the Us Angeles Municipal Code to read as follows: SEC. 48.01. TITLE AND FINDINGS. A. Title. This article shall be known and may be cited as the Los Angeles Municipal Lobbying Ordinance. B. Findings. The following findings are adopted in conjunction with the enactment of this Article: 1. City government functions to serve the needs of all citizens. 2. The citizens of the City of Los Angeles have a right to know which interests are attempting to influence City governmental decisions, as well as the means employed by those interests. 3. All persons engaged in compensated lobbying activities regarding decisions made by City government must, while so engaged, be subject to the same regulations, restrictions, and requirements - regardless of their background, training or other professional qualifications or license. 1 Los Angeles City Ethics Commission Proposed Lobbying Ordinance (06/01192) 4. Complete disclosure of the full range of activities by lobbyists and those employing lobbyists to influence City governmental decisions is essential to the maintenance of citizen confidence in the integrity of their local government. 5.. It is in the public's 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 clients, and do not represent that they can control the actions of City officials.- 6. It is in the public's interest to amend the current laws to ensure adequate and effective disclosure of information about lobbying of City government. SEC. 48.02. DEFINITIONS The following terms used in this Article shall have the meanings set forth below. "Activity expense" means any expense incurred related to Iobbying activity, or an payment, including gifts, to any City official or employee, or to a member of that official's or employee's immediate family, made or arranged by a Iobbyist, lobbying firm, or lobbyist employer in any calendar quarter. Activity expenses include, for instance, tickets to political events and newspaper ads. Activity expenses do not include campaign contributions or normal Office expenditures such as clerical salaries, rent, or utility expenses for normal office operation. . "Agency" means the City of Los Angeles or any department, division, bureau, office, board, commission, or any other agency of the City or quasi -City agency, including the Community Redevelopment Agency. "Attempting to influence" means promoting, supporting, modifying, opposing or delaying any action by any means, including but not limited to the provision or use of information, statistics, studies or analysis. "City Official" means any elective City officer, member, employee, commissioner or consultant of any City agency or quasi -City agency, and any employee or consultant of the Mayor's office, who as a part of his or her official responsibilities participates in any legislative or administrative action in other than purely clerical, secretarial, or ministerial capacity. "Elective City officer" means any person who is a City Council member, City Attorney, Controller or Mayor, whether appointed or elected. "Lobbyist" means anyone who receives $1,000 or more in compensation in a calendar quart er, exclusive of reasonable travel expenses; pr who makes five paid contacts with any City s Los Angeles City Ethics Commission Proposed Lobbying Ordinance (06/01/92) official(s) per quarter, to communicate directly or through agents on behalf of any other person(s), to influence or attempt to influence "municipal legislation;" "Lobbyist employer" means an entity that employs a lobbyist in- house to lobby on its behalf, and that is not a lobbyist firm. "Lobbyist ru-m" means any entity (including an individual contract lobbyist) that receives or becomes entitled to receive compensation of $1,000 or more in a calendar quarter, excluding reasonable travel reimbursement, to influence or attempt to influence municipal legislation on behalf of any other person(s), or receives or becomes entitled to receive any compensation to communicate directly on five or more occasions during a calendar quarter with any elective, agency or legislative official to influence action on behalf of any other person(s) and any one partner, owner, officer, or employee of the firm is a lobbyist. "Major filer" means any person or entity who makes payments or incurs expenditures totalling $2,000 or more in any calendar quarter on expenditures for public relations, advertising; print, etc., incurred for soliciting or urging other persons to enter into communication with any City official(s) to influence or attempt to influence "municipal legislation," or that state or advocate a position related to "municipal legislation." These payments do not include payments to a lobbyist(s) or lobbying firm(s). "Municipal legislation" means any - legislative or- administrative action and includes any resolution, motion, appeal, application, petition, nomination, ordinance, amendment, or other matters pending or proposed before the City Council or any of its committees, or before any board or commission, whether created by Charter or by ordinance, or any committee of a board or commission, or before any quasi -City agency including the Community Redevelopment Agency, or any officer or employee of such entities charged by law with the duty of conducting a .hearing and making a decision. It also includes any matter, which, after Council action, requires submission to the Mayor for further. action. "Municipal legislation" also includes the drafting, development, introduction, consideration, amendment, ,modification, enactment, or defeat by any entity described above of any rule, regulation or other action in any proceeding or quasi - legislative proceeding. "Administrative action" means the proposal, drafting, development, consideration, amendment, enactment or defeat by any City agency of any matter, including any rule, regulation or other action in any regulatory , proceeding, or any proceeding involving a contract, license, permit, franchise, or entitlement for use. "Administrative action," however, does not include the following: (1) a ministerial action; (2) requests for interpretations of the rights or duties 'of a person under existing laws, regulations, or policies, or the compliance with or violations of existing laws, regulations, or policies; 3 Los Angeles City Ethics Commission, Proposed Lobbying Ordinance (06/01/92) (3) the issuance of a legal opinion by the City Attorney's office. "Municipal legislation" or "administrative action" also does not include the collective bargaining actions of a recognized employee organization in the negotiation 'of a collective bargaining agreement or memorandum of understanding, or actions related to the administration, implementation, or interpretation of any rules, policies, _or management decisions regarding the worldng conditions of represented employees that' clearly relate to the ter_ ms of said agreement, provided however, that this exemption does apply to any action by the recognized employee organization before the City, council, or a council member, office or committee, or before the Mayor or the Mayor's office; "Person" means any individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, and any other organization or group of persons acting in concert. SEC. 48.03. EXEMPTIONS. In addition to the activities exempted under the definition of "municipal legislation," the following persons also are exempt under the revised ordinance: (i) a public official acting in his or her official capacity, or any city employee acting,, within the scope of his or her employment; (ii) any newspaper or other regularly published periodical, radio or tv 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 action upon municipal legislation, if such newspaper, periodical, radio or television- station or individual engages in no further or other activities in connection with action upon such municipal legislation; (iii) a person appearing on his or her own behalf; (iv) any non - compensated person. SEC. 48.04 PROHIBITIONS. No lobbyist or lobbying firm required to register under the ordinance shall: (i) act with the express intent of placing any City official under personal obligation to the lobbyist, the lobbying firm, or to the lobbyist's firm or his/her employer or client; (ii) deceive or attempt to deceive a .City official with regard to any material fact. 4 Los Angeles City Ethics Commission Proposed Lobbying Ordinance (06/01/92) pertinent to any pending or proposed legislative or administrative action; (iii) cause or influence the introduction of any action for the purpose of thereafter being employed to secure its passage or defeat; (iv) attempt to create a fictitious appearance of public favor or disfavor of any proposed legislative or administrative 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, except with the consent of such real person; (v) represent, directly or indirectly, that he or she can control the official action or obtain the vote of any City official; (vi) make or arrange for any payment to a City official or city employee or to act as an agent or intermediary in the making any such payment by any other person if such payment is prohibited by the Governmental Ethics Ordinance. SEC. 48.05. NOTIFICATION REQUHUMENT. Any person who receives compensation to communicate directly with any City Official on behalf of any. other person(s) to influence or attempt to influence "municipal legislation" shall, at the time of that communication, disclose to that City Official information requested on the Notification of Appearance/Communication form provided by the City Ethics Commission, which includes the matter the person seeks to influence and the name of the client paying the person to speak. SEC. 48.06. RECORDKEEPING RESPONSIBILITIES OF REGULATED PERSONS. Lobbyists, lobbyist firms, lobbyist employers and major filers shall retain all books, papers and documents necessary to substantiate required reports for a period not less than four years. SEC. 48.07. REGISTRATION. Lobbyists and lobbying firms shall register with the City Ethics Commission. Persons required to register under the ordinance shall register each client on whose behalf they are paid to lobby. All statements filed pursuant to this section shall be submitted in duplicate on forms provided by the Ethics Commission and shall be signed under penalty of perjury. A.. Time of Filing. Lobbyists and lobbying firms shall register within 10 working days after qualifying, and ii Los Angeles City Ethics Commission Proposed Lobbying Ordinance (06/01/92) shall renew their registration annually-on January 15, regardless of the date they first registered. B. Registration Fees. An annual fee of $50 for each lobbyist .required to be listed on registration statement shall be paid to the City Ethics Commission. In addition, an annual fee of $20 per client registered by the lobbyist or lobbyist firm shall also be paid. Persons who initially register in the last calendar quarter of the year (September through December) shall pay pro-rated registration fees of $37 for their registration and $15 per client and shall renew their registration on January 15 of the following calendar year. C. Contents of Registration Statements. 1. LOBBYISTS shall disclose the following at registration: (i) ' name/business address /phone/name of employer (ii) name of each client (iii) address/phone of each client (iv) lobbyist certification (a statement of understanding regarding responsibilities, unlawful gifts and prohibited acts) (v) letter from_ client authorizing representation (vi) name of individual responsible for filing statements (vii) any other information required by regulation by the Ethics Commission` consistent with the purposes and provisions of the ordinance. 2. LOBBYIST FIRMS shall disclose the following at registration: (i) name/business address/phone (ii) list of lobbyists who are partners, owners, officers or employees (iii) each lobbyist's certification [see Cl(iv) above] (iv) for each client contracting with the firm: a) name/business address/phone b) signed authorization that firm will represent the client c) time period of contract d) information sufficient to identify the client's nature and interests, including: ■ If the client is an individual: the employer_ or place of business with description of business activity ■ If the client is a business: a description of its business activity ■ If the client is an industry,. trade, or professional association: a description of any portion or faction of the industry, trade, or profession, which the association exclusively or primarily represents; and_if such an. association of 25 or less members, the Los Angeles City Ethics Commission Proposed Lobbying Ordinance (06/01/92) names of the members; ■ If the client is other than the above: a statement of the client's nature and purpose, including a description of any other person(s) from which its members or financial support is derived. (v) the client's lobbying interest described in sufficient detail; (vi) the name/title of the official responsible for filing statements; (vii) any other information required by regulation by the Ethics Commission consistent with the purposes and provisions of the ordinance. D. Amendments to Registration Statements. Persons regulated under this ordinance shall submit registration amendments if a change occurs in the information contained in their registration statement. Such amendments shall be filed within 10 days of any such change on forms provided by the City Ethics Commission. E. Notices of Termination. Persons regulated under this ordinance shall file Notices of Termination with the CEC when they cease all activity that requires registration. Such notices shall be filed within 20 days of cessation on forms provided by the City Ethics Commission. * . SEC. 48.08. PUBLIC INFORMATION. All statements and reports filed pursuant to this Article shall be public record. SEC. 48.09. PERIODIC REPORTS. A. Reporting Requirement. Persons registered under this ordinance and those specified in subsection D below shall submit information required by this section at the end of each calendar quarter, regardless of the level of their activity. In addition, persons meeting the definition of a "major filer" shall submit information on a quarterly basis as required in subsection E. Quarterly reports shall be submitted to the Ethics Commission within 30 days of the end of the calendar quarter. Reports filed under this section shall be filed in duplicate on forms provided by the City Ethics Commission and shall be signed under penalty of perjury. B. Reporting by Lobbyists. Lobbyists shall- report the following at the end of each calendar quarter: (i) name/business address/phone (ii) all activity expenses for' each client for the period, including: 7 Los Angeles City . Ethics Commission _ _ Proposed Lobbying Ordinance (06/01/92) a) date and amount of each expense incurred (of $25 or more); b) total amount of all activity expenses, whether itemized in (a) or not; c) name and official position of beneficiary of expense d) description of the benefit e) amount of. the benefit f)_. name/address/phone of payee of each expense if other than the beneficiary; (iii) date,. amount, and name of recipient of any _contribution of $100 or more made to or in connt:o 1 ich the lobbyist acted as an intermediary for, delivered to, collected, r g for any elective City official or candidate, or to a committee control y elective City official or candidate, or to a committee formed primarily to support such person, or to a ballot measure committee during the period reported; (iv) The date, cost, and location of each political fundraiser held by or arranged for by the lobbyist on behalf of an elective City officer, candidate, committee, or a ballot measure. (v) a statement indicating if the lobbyist is providing consultant or other services under contract with the City, or has been retained by any person or organization for purposes related to a campaign for elective City office or in support or opposition to any proposed City ballot measure. Such statement shall include the name and address of the source of the compensation, and the nature of the consultant or other services being provided by the lobbyist. ' (vi) any other information required by regulation by the Commission consistent with the purposes and provisions of this ordinance. 2. Lobbyists must provide their reports to their lobbyist firm or lobbyist employer within two weeks following the end of the reporting period. C. Reporting by Lobbyist Firms. 1. Lobbyist firms (whether a sole practitioner or a firm) shall submit the quarterly report(s) of their lobbyist(s) and in addition shall report the following items (i) through (xi) at the end of each calendar quarter. Sole practitioners report the following items in addition to information required in subsection (B). (i) firm's name/business address/phone (ii) each lobbyist's quarterly report (not applicable to a sole practitioner); (iii) name/business address/phone of each client contracting with the lobbying firm for services; a description of that client's nature and interests; the total payments received from client (including fees and expenses); (iv) specific_ description of each item of "municipal legislation" the lobbyist/firm attempted to influence during the reporting period on behalf of the client, including the agency or City body involved; 8 Los Angeles City Ethics Commission Proposed Lobbying Ordinance (06/01/92) (v) firm's total amount of payments received; (vi) detailed activity expenses incurred by the firm for each lobbying interest and lobbying client, and totals; a) date and amount of each expense incurred (of $25 or more); b) total amount of all activity expenses, whether itemized in (a) or not; c) name and official position of beneficiary of expense; d) description of the benefit; e) amount of the benefit; f) name/address/phone of payee of each expense if other than the beneficiary; (vii) date; amount and name of recipient of any contribution of $100 or snore made to or in connection with which the firm acted as an intermediary for, delivered to, collected, or arranged for any elective City official or candidate, or a committee primarily formed to support such persons or to a ballot measure committee during the period reported; (viii) the date, cost, and location of each political fundraiser held by or arranged for by a lobbying firm on behalf of an elective City officer, candidate, committee, or ballot measure. (ix) a statement indicating if the lobbyist firm is providing consultant or other services under contract with the City, or has been retained by any person or organization for purposes related to a campaign for elective City office or in support or opposition -to any proposed_City ballot measure. Such statement shall include the name and address of the source of the compensation, and the nature of the consultant or other services being provided. (x) if subcontracting with another lobbyist/firm for lobbying services: a) namelbusiness address/phone of subcontractor b) name of client for whom subcontractor was retained (xi) any other information- required by regulation by the Commission consistent with the purposes and provisions of this ordinance. D. Reporting by Lobbyist Employers. 1. Lobbyist Employers shall submit the quarterly report(s) of their registered lobbyist(s) and in addition shall report the following at the end of each calendar quarter: (i) name/business address /phone; (ii) name of lobbyist(s) employed; (iii) total payments to in -house lobbyist(s); (iv) a specific description of each item of "municipal legislation" the lobbyist attempted to influence during the reporting period on behalf of his or her employer; including the agency or City body involved; (v) detailed activity expenses incurred by the employer for its lobbying interest(s), and totals;, 6 Los Angeles City Ethics Commission Proposed Lobbying Ordinance (06/01/92) a) date and amount of each expense (of $25 or more); b) total amount of all activity expenses, whether itemized in (a) or not; c) name and official position of beneficiary of expense; d) description of the benefit; e) amount of the benefit; f) name/address /phone of payee of each expense if other than. the beneficiary; (vi) date, amount and name of recipient of any contribution of $100 or more made to or in connection with which the employer acted as an intermediary for, delivered to, collected, or arranged for any elective City official or candidate, or a committee primarily formed to support such persons or to a ballot measure committee during the period reported; (vii) date, cost, and location of each political fundraiser held by or arranged for by a lobbying firm on behalf of an elective City officer, candidate, committee, or ballot measure. (viii) any other information required by regulation by the Commission consistent with the purposes and provisions of this ordinance. E. Reporting by Major Filers 1. Persons meeting the definition of a "major filer" shall disclose the following information at the end of the calendar quarter in which they incurred the expenditures: (i) name/business address/phone of filer; (ii) total amount spent; (iii) itemization of payments made (of $100 or more); including date, amount and name of payee; (iv) a specific description .of the purpose of payments, including each item of "municipal legislation" the filer attempted to influence or about which a position was stated or advocated; (v) date and amount of each activity expense incurred (of $25 or more), and name and official position of beneficiary, including a description of the benefit; and the name/address/phone of payee of each expense if other_ than beneficiary; -- (vi) the date, cost, and location of each political fundraiser held by or arranged by the filer on behalf of an elective City officer, candidate, committee, or a ballot measure. SEC. 48.10. COMPLIANCE MEASURES AND ENFORCEMENT. A. Audits. The Ethics Commission shall have authority to audit reports and statements Los Angeles City Ethics Commission Proposed Lobbying Ordinance (06/01/92) filed pursuant to this Article. B. Enforcement.. The Ethics Commission shall have authority pursuant to City Charter section 600 (0) to hold administrative hearings, to impose fines and penalties, to -sue for injunctive relief, and to refer to the City Attorney for civil or criminal action any person who violates any provision of the ordinance. C. Criminal Penalties. Any person who knowingly or willfully violates any provision of this Article is guilty of a misdemeanor. Any person who knowingly or willfully causes any person to violate any provision of this Article, or who knowingly or willfully aids and abets any other person in the violation of any provision of this Article, is guilty of a misdemeanor. Prosecution for violation of any provision of this Article must be commenced within (2) years after the date on which the violation occurred. E. Civil Enforcement. Any person who intentionally or negligently violates any provision of this Article shall be liable in a civil action brought by the City Attorney or by the City Ethics Commission or by any person residing in the City. Where no specific civil penalty is provided, a person may be liable for an amount up to five thousand dollars ($5,000) for each violation. Any person who knowingly makes or receives a payment in violation of Section 48.04 (vi) shall be liable in a civil action brought by the City -Attorney or by the City Ethics Commission or by any person residing within the City for an amount up to three times the amount of the unlawful payment. If two or more persons are responsible for any violation, they shall be jointly and severally liable. Any person, before filing a civil action pursuant to this section, must first file with the City Ethics Commission a written request for the City Ethics Commission to commence the action. The, request shall contain a statement of the grounds for believing a cause of action exists. The.' City Ethics Commission shall respond within forty (40) days after receipt of the request, indicating whether the City Ethics Commission intends to file a civil action. If the City Ethics Commission indicates in the affirmative, and files suit within forty (40) days after sending notice of that intention, no other action may be brought unless the action brought by the City Ethics Commission is dismissed without prejudice. Not more than one judgment on the merits with respect to any violation may be obtained under this section. Actions brought for the same violation or violations shall have precedence 11 Los Angeles City Ethics Commission Proposed Lobbying Ordinance (06/01/92) for purposes of trial in the order of the time filed. Such actions shall be dismissed once judgment has been entered or a settlement approved by the court in a previously filed action. The court may dismiss a pending action without prejudice to any other action for failure of the plaintiff to proceed diligently and in good faith. Such action may be so dismissed on motion of the City Ethics Commission or any plaintiff in another action based on the same violation. In determining the amount of liability under this section, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. No civil action alleging a violation of this Article shall be filed more than four (4) years after the date the violation occurred. C. Late Fees. If any person regulated -by this Article files an original statement or report after any deadline imposed by this Article, he or she shall, in addition to any other penalties or remedies established by the Article, be liable to the City in the amount of twenty- five dollars ($25) per day after the deadline until the statement or report is filed up to a maximum of $500. Liability need not be enforced by the City if, on an impartial basis, it is determined that.the late filing was not willful and that. enforcement of the liability will not further the purposes of this Article, except that no liability shall be waived if a statement or report is not filed within 30 days of the filing deadline. SEC. 48.11. ETHICS COMMISSION REPORTS. A. The City Ethics Commission shall compile as soon as practicable after the close of each reporting period a report to the City Council and Mayor of lobbyist activity during the reporting period. B. The Ethics Commission shall annually compile a list of registered persons. The Commission shall make the list available to the public at a charge not to exceed the amount established in Los Angeles Administrative Code § 12.40.- SEC. 48.12. SEVERABII,ITY CLAUSE. Tf any provision of this Article, or its application to any person or circumstances, is held bivalid by any court, the remainder of this Article or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, to the extent such can be given effect, and to this extent the provisions of this Article are eclare,' to be severable. Los Angeles City Ethics Commission AMENDING THE LOBBYIST ORDINANCE - A TWO YEAR EFFORT For over five years, the City Council has expressed a strong interest in amending the current municipal lobbying ordinance. Nearly two years ago -- in February 1991 -- the City Ethics Commission embarked on a review of the City's lobbying laws when it, then newly - formed, held a public hearing to consider revisions to the lobbyist ordinance. The Commission temporarily set aside its review while it hired staff and undertook revision of the City's Governmental Ethics Ordinance. In the fall of 1991, the Commission re- focused on the lobbying issue. It began a series of lengthy public forums to solicit comment from the public and lobbyists about needed changes in the law. The Commission heard testimony on who should be regulated, what defined "lobbying," and what registration and reporting requirements should exist under the revised ordinance. In February of 1992, the Commission voted on a complete package of recommendations, which included language to clarify specific enforcement provisions for violations of the lobbyist laws. . The Ethics Commission has learned that a coalition of powerful lobbyists has organized to oppose the proposed lobbyist ordinance, which would increase their public disclosure requirements. This group has produced lengthy memoranda in opposition to the Ethics Commission proposal. The Rules and Elections Committee heard the CEC proposal on October 28,1992. After a brief hearing, the Committee scheduled its next public hearing for January 13, 1993. QUESTIONS ABOUT CEC PROPOSAL 0 How do CEC proposals compare with other cities and state law? The CEC proposals are modeled after state law, yet are less burdensome because they don't require the duplicative reporting that state law does. Most California cities that have lobby laws have patterned them after the current Los Angeles City law. The CEC proposals, if adopted by the Council, would provide the most meaningful public record of municipal lobbying in the state. 0 Why do we really need a new law -- hasn't the old law worked well enough? The current law is lacking because it reveals only a part of the picture. For example, money spent by firms or others who employ lobbyists to influence City decisions goes unreported unless the money is spent directly by the lobbyist. The importance of lobby disclosures is that they may expose financial relationships between government decisionmakers and the private interests that spend money to influence them. 1 ■ Aren't the CEC proposals too tough and burdensome on the lobbyist and the clients? While the CEC proposal would require lobbyists and lobbying firms to report more meaningful information, this additional reporting is needed to keep pace with the many ways in which lobbyists seek to influence City decisions. The CEC proposals also streamline the law by relieving those who lobby.only infrequently of any reporting requirement. Current law requires registration by any person who receives any compensation to lobby. The CEC believes that the law should be streamlined to require reporting only by those who frequently lobby o who spend a significant sum of money to lobby. ■ Why do you really need the "major filer" provision? Do,other jurisdictions have it? " Isn't it a free speech issue? This provision recognizes that lobbyists indirectly lobby City decisions. The state has had a similar provision since at least 1985, and San Francisco requires reporting by those who spend $1,000 or more to influence a legislative or administrative action. If someone spends a large sum to advocate a position on a pending decision the public has -a right to a public record of such efforts. ■ Why do you need the campaign contributions and other fmancial relationships on the lobbyist reports? You've figured it out in the past, why not do it that way again? Campaign contributions are one of many tools that lobbyists may use in seeking access to decisionmakers. Lobbyists also may have other financial relationships with government officials they are seeking to influence, such as a contract to provide consulting services or having arranged a fundraiser to help with an official's re- election.' Currently, lobbyists are not required to report this information. Currently, this financial relationship is revealed only through an exhaustive review of each campaign disclosure statement filed by individual candidates. The public has a right to know if these relationships exist in a more timely and a more direct way. ■ Why have a contacts and a dollar threshold test? A dollar and paid contacts test vfould relieve from any regulatory burden those persons who only lobby infrequently and who spend little amounts of money to do so. n What are you really doing about the attorney lobbyist problem? The Commission treats attorney - lobbyists the same way as any other profession who "lobbies" City Hall. CEC proposals define certain circumstances, not professions, that are exempt from lobbying regulations because of the nature of the City actions being taken. The Ethics Commission intends to exercise its full enforcement authority against any person who violates the lobbyist ordinance, regardless of that person's professional title. 01/93 N CHRONOLOGY OF EFFORTS TO AMEND LOBBY LAW Feb. 1985 Bernardi -Wachs motion to amend law June 1985 Council's Governmental Operations Committee instructs City Attorney to prepare a draft ordinance "...to be patterned after the provisions incorporated in the State Political Reform Act." July 1986 City Attorney transmits "discussion draft" of ordinance to Governmental Operations Committee that regulates municipal lobbyists in essentially the same way that the state regulates state lobbyists. Feb. 1987 City Attorney transmits revised version of 7/86 draft based on discussions with the Office of the Mayor, citing need for additional provision allowing City Clerk to subpoena witnesses and records as necessary for effective criminal enforcement. March 1987 Governmental Operations Committee refers draft to City Clerk for report. April 1987 Governmental Operations Committee requests guidelines on implementation from City Clerk. August 1987 City Clerk issues report to Governmental Operations Committee. September 1987 CLA provides Governmental Operations Committee with matrix comparing existing City law and proposed lobbying ordinance. May 1989 Governmental Operations Committee considers City Attorney revised draft in response to Bernardi -Wachs motion and proposal by Mayor, along with City Clerk and CLA reports. June 1989 Governmental Operations Committee has public hearing held on revised City Attorney draft. July 6, 1989 Additional public hearing. July 19, 1989 Additional public hearing. July 26, 1989 Governmental Ethics Ad Hoc Committee public hearing on revised draft. August 1989 Governmental Ethics Ad Hoc Committee holds public briefing to consider recommendations to be submitted on lobbyist regulation. December 1989 City Council adopts Woo- Galanter motion on recommendations for new lobbyist ordinance. January 1990 City Attorney transmits discussion draft ordinance to Governmental Ethics Ad Hoc Committee. March 1990 Governmental Ad Hoc Committee recommends Council adoption of lobbyist ordinance. April 1990 City Attorney transmits revised draft ordinance to Council. September 1990 Governmental Ad Hoc Committee Chair requests City Attorney to review draft ordinance in light of recently approved ethics laws. February 1991 -Newly-formed Ethics Commission holds first public hearing on City Attorney draft ordinance. November 1991 Fully- staffed Ethics Commission holds open forum to consider revisions to current lobby law. December 1991 Ethics Commission distributes worldng document on lobby ordinance revisions and receives additional public comment at regular CEC meeting. Jan. 3, 1992 CEC continues to receive public comment and hold public discussion and consideration at regular meeting. Jan. 10, 1992 CEC continues to receive public comment and hold public discussion and consideration at regular meeting. Jan. 24, 1992 CEC holds public hearing and votes on series of proposals. Feb. 7, 1992 CEC holds public hearing and votes on series of proposals. Feb. 14, 1992 CEC concludes action on proposals by approving ordinance in draft form. March 1992 CEC transmits draft ordinance to City Attorney for final language. June 1, 1992 CEC transmits draft ordinance to Rules and Elections Committee. Oct. 28, 1992 Rules and Elections holds first public hearing on CEC proposals and directs CLA to study the matter. Jan. 13, 1993 Rules and Elections holds second public hearing on CEC proposals. CITY Of LOS ANGELES CITY E78ICS COlQlISSI(* CLIII1T REGISTRATION (In accordance with Los Angeltes Municipal Code, Sec. 48.01 through 48.09) (PLEASE TYPE OR PRINT) NAME OF REGISTERED LEGISLATIVE ADVOCATE Name and Address of person and /or Organization you represent: ro (Name of Client) CITY (Number and Street) STATE ZIP CODE For office use of Registration Expiration Date: FEE PAID: Letter of Authorization Received: Client Registration Number: Ness of person and Organization Title, who has or will pay you (Enter if not same as above): I° � much are you paid or will you be paid for this representation? (if your compensation is not exclusively for legislative representation, state that portion which can be allocated to this representation. Where a division of your earnings is not possible, you should state the whole amount.) Estimated duration of this representation: itemise ezpenses you Mere paid or will be paid with as sets for each 17=. (Denote type of expenses involved.) I.hT = Or - Municipal Code Section 48.02(a) requires that at the time of registration you must submit a written authorization from the person a:Wer organization in whose behalf you have been or will be employed. Executed at ( City) VERUICATION (State) on (Date) I certify (or declarei) under penalty of perjury that the foregoing state- r+ "s are true and correct. (Signature) •1/90 City Ethics Commission form No. CEC Ordinance No. 166553 CITY OF • ANGELES COMMISSION 6rry ETHICS MUNICIPAL LEGISLATIVE ADVOCATE QUARTERLY EXPENSES AND EARNINGS REPORT FOR THE PERIOD: DUE: j DO NOT WRITE III THIS-SPACE NAME OF PERSON REGISTERED BUSINESS ADDRESS (Number and Street) (City) (State) TELEPHONE NUMBER: Business( ) (Zip Code: PART I - FILING CATEGORY - Please check the one box which best describes the category of Municipal legislative advocate services you provide. A. [ I INDEPENDENT MUNICIPAL LEGISLATIVE ADVOCATE - YOU ARE AN INDEPENDENT-SELF-EMPLOYE: MUNICIPAL LEGISLATIVE ADVOCATE who receives compensation for the purpose of influencing 'runicipal legislation on behalf of one or more clients. Include Business Tax Registration Certificate Number in the space provided below and COMPLETE PARTS II THROUGF. VI. Your Business Tax Registration Certificate Number (B.T.R.C. #) (If none, write "none".): B. I i OWNER, PARTNER, EMPLOYEE, ETC., OF A FIRM WHICH ENGAGES WHOLLY OR$PARTIALLY IN MUNICIPAL LEGISLATIVE ADVOCATE ACTIVITIES. You or the firm receives or is entitled to receive compensation for the purpose of influencing municipal legislative action on behalf of one or more clients. Include Business Tax Registration Certificate Number of Your firm in the space provided below and COMPLETE PARTS. II THROUGH VI. NAME OF YOUR EMPLOYER OR FIRM BUSINESS ADDRESS (Number and Street) TELEPHONE NUMBER: Business ( ) YOUR TITLE OR POSITION IN THE FIRM (City) (State) BUSINESS TAX REGISTRATION CERTIFICATE NUMBER (B.T.R.C. #) If none, write °none ^.)r ef?Y ETHICS COMMISSION FORM NO. CEC Page 1 of 5 ORDINANCE NO. 166553 (Zip Code) C. '( 1 OWNER, PARTNER, EMPLOYEE, ETC., WHO PROVIDES MUNICIPAL LEGISLATIVE ADVOCATE SERVICES ONLY FOR HIS OR HER OWN EMPLOYER, FIRM OR ORGANIZATION and who' receives compensation for such services, whether as part of regular salary or otherwise (including reimbursement of .expenses), if SUCH FIRM OR ORGANIZATION DOES NOT PROVIDE MUNICIPAL LEGISLATIVE ADVOCATE SERVICES FOR ANY OTHER CLIENT. Include Business Tax Registration Certificate Number of the firm or organization in the space provided below, complete sections 1 or 2 below and COMPLETE PARTS III THROUGH VI. NAME OF YOUR FIRM OR ORGANIZATION YOUR TITLE OR POSITION IN THE FIRM BUSINESS ADDRESS (Number and Street) (City) (State) (Zip Code) TELEPHONE NUMBER: Business( ) - BUSINESS TAX REGISTRATION CERTIFICATE NUMBER (B.T.R.C. #) (If none, write "none ".): C. 1.-[ I YOUR LOBBYING ACTIVITY DOES NOT CONSTITUTE A REGULAR OR SUBSTANTIAL PORTION OF YOUR EMPLOYMENT (BUT IS AN INCIDENTAL AND CASUAL PART OF YOUR EMPLOYMENT). You must report that portion, if any, of the compensation you received from your firm or organization which reflects the amount of any additional compensation, ABOVE YOUR REGULAR SALARY, for time spent in providing municipal legislative advocate services in the preceding quarter. DO NOT REPORT rate of payment but total dollar amount compensated. S LIST THE NAME AND CITY REFERENCE NUMBER OF THE MATTER(S) OR PROJECT(S) FOR WHICH YOU PROVIDED MUNICIPAL LEGISLATIVE ADVOCATE SERVICE ON BEHALF OF YOUR FIRM. C. 2. 1 ] YOUR LOBBYING ACTIVITY CONSTITUTES A REGULAR OR SUBSTANTIAL PART OF YOUR EMPLOYMENT. You must report that portion of the compensation you received from Your firm or, organization which reflects the amount of time spent in providing municipal legislative advocate services in the preceding quarter. This amount must be reported even if you receive no additional compensation for your lobbying activities. DO NOT REPORT rate of payment but total dollar amount received for providing such municipal legislative advocate services. g LIST THE NAME AND CITY REFERENCE NUMBER OF THE MATTER(S) OR PROJECT(S) FOR WHICH YOU PROVIDED MUNICIPAL LEGISLATIVE ADVOCATE SERVICE ON BEHALF OF YOUR FIRM. Page 2 of 5 PART,kI - COMPENSATION AND M ER LOBBIED - (Applicable to t' ie who completed Part I sub -parts A or B, List the name and address of each client, i.e. real party[ies] in interest who paid you or your firm for municipal legislative advocate services provided in the preceding quarter; the name and and City reference number Ce.g. Council file number) of matter(s) or projectCs) for which said services were provided; and the total amount of compensation received from each of the client(s) in the preceding quarter for the services provided in connection with the identified matter(s) or project(s). DO NOT INCLUDE your employer, the name of your firm, or compensation received by you from your firm. DO NOT REPORT rate of payment but total dollar amounts received (If no compensation was received write "None "). Name and Address of ClientCs) Name and # of Matter or Project (a) (b) (c) Cd) (e) (f) (g) Amount 1ComPensated S S S S S TOTAL 0 [ ] (If additional space is required check box, and photocopy this page.) Page 3 of 5 PART III — EXPENDITURES List the name and address of any person(s) or organization(s) to whom an expenditure was made of $25.00 or more in the course of providing Municipal legislative advocate lervices; the client on whose behalf the expenditure was made, the purpose of the , xpenditure; and the name and # of the matter or project in connection with which the expenditure was made; and the total amount spent (If no expenditures were made write "None"). Amount Spent (a)To whom paid? Purposes $ Address For which client(s)? (b)To whom paid? Address: For which client(s)? (c)To whom paid? ddress: For which client(s)? (d)To whom paid? Address: For which client(s)? (e)To whom paid? Address: For which client(s)? Name and # of matter or project Purposes S Name and # of matter or project Purposes $ Name and # of matter or project Purposes $ Name and # of matter or project Purpose: Name and # of matter or project $ TOTAL: S^ I I (If additional space is required check box, and photocopy this page.) Page 4 of 5 PART IV - PUBLICATIONS *, Articles' or editorials which you published in newspapers, periodicals, magazines or other publications during the preceding quarter, which were designed or intended to influence municipal legislation. Publication(s) Client(s) Subject(s) PART V - TERMINATION [ ] Check this box if you no longer intend to represent your firm or any client as a municipal legislative advocate after this quarter. (By checking this box you will no longer be registered as a -legislative advocate. If you resume municipal legislative advocate ivity in the future, you will need to re- register.) PART VI - STATEMENT OF VERIFICATION - (Must be completed by the Municipal legislative advocate) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. EXECUTED AT I , on (City) (State) (Date) Page 5 of 5 (Signature) OVERVIEW OF RULES AND ELECTIONS COMMITTEE DRAFT (continued) Attached to the quarterly report of the lobbyist employers are additional disclosures by each of the "in- house" lobbyists, which include the following: ■ any gift or other payment of $25 or more from the lobbyist made to or benefitting any City official, including free tickets to political or charitable fundraising events; ■ total amount of such payments or gifts from the lobbyist; ■ campaign contributions from the lobbyist of $100 or more made or delivered to a City officer or City candidate, or for which the lobbyist acted as intermediary; ■ any compensated campaign services provided by the lobbyist to a City candidate or to a City ballot measure committee; and ■ any compensated services provided by the lobbyist under contract to the City. Major filers must file reports that include the following: ■ description of each item of municipal legislation which the major filer attempted to influence; ■ total payments for direct communications with a City official for the purpose of attempting to influence that municipal legislation; and ■ total payments for soliciting or urging others to directly communicate with a City official for the purpose of attempting to influence that municipal legislation. Quasi - judicial clients must file reports that include the following: ■ name, address, phone of each attorney retained to represent the client in the quasi-judicial proceeding(s) where the attorney received or became entitled to receive $2,000 or more during the quarter if the attorney (1) appeared for the client at the proceeding or (2) otherwise communicated directly with the decisionmaker in connection with the proceeding; ■ the total amount of fees and other payments to the attorney for this representation; k, MUNICIPAL LOBBYING ORDINANCES (including campaign contributions disclosure requirements) I. Lobbying Ordinances "recognize that the public has a right, to, kknow who is being paid to lobby City officials and what issues lobbyists are seeking to influence. Full disclosure of lobbying activities allows the public to know what pressures are being placed on their governmental representatives and how they respond to them ". (L.A. City Ethics Commission) "Complete disclosure of the full range of activities by lobbyists and those employing lobbyists to influence City governmental decisions is essential to the maintenance of citizen confidence in the integrity of their local government." (L:At. City Ethics Commission ) II. Municipal Lobbying Ordinances create public disclosure of activities of lobbyists to influence City governmental decisions. III °._.A lobbyist is usually defined as an individual or firm which recieves compensation to influence or attempt to influesi.ce governmental decisions. IV: Municipal Lobbying Ordinances usually require that lobbyists disclose their city campaign contributions. Although elected representatives in the City of San Luis Obispo are lobbied by individuals or firms which receive compensation to influence or attempt to influence governmental decisions, there are no requirements for public disclosure of these activities to influence City governmental decisions. V. If this committee believes that the public has a right to know who is being paid to lobby city officials and what issues lobbyists are seeking to influence, it would be appropriate for the Campaign Committee to recommend that the City Council adopt a City Lobbying Ordinance. This could include the requirement for disclosure of campaign contributions by lobbyists. r ordinance No. An ordinance amending the Los Angeles County Code relating to lobbyists. The Board of supervisors of the County of Los Angeles ordains as follows: SECTION 1: Chapter.2.160 is added to the Los Angeles County Code to read as follows: Chapter 2.160 COUNTY LOBBYISTS 2.160.010 Definitions. The following phrases, whenever used in this chapter, shall be construed 'as, defined in this section: A. "County official" includes a member of the board of super- , .- �- ._ ----__ ..,,. ✓� visors, the sheriff, the assessor, the district attar�y�Ta county , commi$aionex:.,, and any other county officer or employee whose duties are not primari].y clerical or mant}al. B. "Official action" means the drafting, introduction, con- sideration, 'modification',,' enactment or defeat of any county ord- Y Inance. or board of supervisors motion or resolution, or the grant- ing ar denial of any county contract, permit, grant, or license. -1- C. "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. D. "County lobbyist" means any individual who is employed, contracts or otherwise receives compensation, other than reimburse- ment for reasonable travel, expenses, to communicate directly, or through agents, employees or subcontractors, with any county offic- ial for the purpose of influencing official action, if a substan- tial or regular portion of the activities for which he or she re- ceives such compensation is for the purpose of influencing official action. Provided, however, a county 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 cir- culation, 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 indirect- ly urge official action if such newspaper, periodical, book pub- WC lisher, 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 board of supervisors or a county commission in support of or in opposition to such action; or (3) A person 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 r.oviowable by a court pursuant to Code of Civil Pro- cedure Section 1094.5. N. "County lobbying firm" means a business entity including eluding i an individual county lobbyist, which receives or becomes entitled to receive any compensation, other than reimbursement for reason- able travel expenses, for the purpose of influencing official ac- tion on behalf of any other person, if either any partner, owner, officer or employee of the business entity is a county,lobbyi.st, or a substantial or regular, portion of the activities for which the business entity receives compensation is for the purpose of influ- encing official action. (No business entity shall be considered a county lobbying firm by reason of activities described in subparts (1), (2) or (3) of subsection D, of this section. �'. "County lobbyist employer" means a person or entity, other han a county lobbying firm, who, for economic consideration other -3- 12/06/93 13:02,. I CA COMMON CAUSE than reimbursement for reasonable travel expenses, either employs one or more county lobbyists or contracts for the services of a county lobbyist or county lobbying firm, for the purpose of influ- encing official action. G. "Activity expense" means any expense incurred or payment made by a lobbyist, lobbying firm, or lobbyist employer or arranged by a lobbyist or lobbying firm, which benefits in whole or in part any county official or a member of the immediate family of a county official, regardless of whether the expense or payment is reim- bursed by the person on whose behalf the county lobbying services are performed. Activity expenses include gifts, Honoraria, con- sulting fens, salaries, and any other form of compensation, but do not include campaign contributions. H. "Campaign contributionff means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment except to the extent that full and ade- quate consideration is received, unless it is clear from the sur- rounding circumstances that it is not made for political purposes. An expenditure made at the behest of a candidate, committee or elected county official is a contribution to the candidate, com- .nittee or elected county official unless full and adequate consid- eration is received for making the expenditure. -4- 06 d c The term "campaign contribution" includes the purchase of tickets for events such as dinners, luncheons, rallies and similar fundraising events; the candidate's own money or property used on behalf of his or her.candidacy; the granting of discounts or re- bates not extended to the public generally or the granting of dis- counts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; the payment of compensation by any person for the personal )services or expenses of any other person if such services are ren- dered or expenSes incurred on behalf of a candidate or committee without payment of full and adequate consideration. .The term "campaign contribution" further includes any transfer of anything of value received by a committee from another. com- mittee, unless full, and adequate consideration is received. aThe term "campaign contribution" does not include: (1) amounts received pursuant to an enforceable promise to the extent such amounts have been previously reported as a contribution; (2) a payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occu- pant's home or office if the casts for the meeting or fundraising I event are five hundred dollars ($500) or less; or -5- 12/06/53 13:03 CA COMMON CAUSE 08 (3) volunteer personal services or payments made by any individual for his or her own travel expenses if such payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to him or her. I. "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 bur- den 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, pam- phlets, calendars, or periodicals, except that no payment for trav- el 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 char- itable organization without being claimed as a charitable contri- bution for tax purposes; 1 (3) Gift-,; -from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in -law, bxother- Q-M 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 two hundred fifty dollars ($250). 2.160.020 county Lobbyist Registration. A. Unless included either as part of the registration of a county lobbying firm filed pursuant to section 2.3.60.030, or as part of the registration of a county lobbyist employer filed pur- suant to section 2.160.040, each county lobbyist, within 10 days of first becoming a county lobbyist, shall file with the executive officer of the board of supervisors a registration containing the following information: (1) A recent 3X4 -inch photographyf the county lobbyist; (2) The county lobbyists full name, business address- and telephone number; and (3 ) A statement that the lobbyist has read and under- -7- t 12/06/93 13:04 CA COMMON CAUSE 10 stands the prohibitions Contained in sections 2.160.120 and 2.160.130. 2.160.030 County Lobbying Firm Registration. tach county lobbying firm, within 10 days of first becoming a county lobbying firm, shall file with the executive officer of the board of super- visors a registration containing the following information: A. The full name, business address, and telephone number of the county lobbying firm; B. A list of the county lobbyists who are partners, owners, officers, or employees of the county lobbying firm; C. The county lobbyist registration required by section 2.160.020 for each county lobbyist in the county lobbying firm; D. For each person or other entity with whom the county lobbying firm contracts for the county lobbying firm to provide county lobbying services: (1) The full name, business address and telephone number of the contractor; (2) The contractor's written, signed authorization per- mitting the county lobbying firm to represent the interests of the 7ontractor; (3) The time period of the contract; -8- 12/06/93 13:05 CA COM11ON CAUSE 11 (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 the he or she is self - employed, and a descrip- tion of the business activity in which the contractor or his or her employer is engaged; (5) If the contractor is a business entity, a descrip- tion of the business activity in which it is engaged; (6) If the contractor is an industry, trade, or profes- sional association, a description of the industry, trade, or pro- fession it represents including a specific description of any por- tion or faction of the industry, trade or profession which the association exclusively or primarily represents and, if the asso- ciation 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 contractors nature and purposes, including a description of any industry, trade, profession, or other group with a common econ- omic interest which the contractor principally represents or from which its membership or financial support is principally derived; (8) The- county lobbying interests of the contractor; E. The name and title of a partner, owner or officer of the county lobbying firm who is responsible for filing statements and F1.� 1. reports and keeping records required by this chapter on behalf of the county lobbying firm, and a statement signed by the designated responsible person that he or she has read and understands the prohibitions contained in sections 2.160.120 and 2.160.130. 2.160.040 county Lobbyist Employer Registration Each county lobbyist employer, within 10 days of first becoming a county lobby- ist employer, shall file with the executive officer of the board of supervisors a registration containing the following information: A. The full name, business address, and telephone number of the county lobbyist employer; B. A list of the county lobbyists who are employed by the county lobbyist employer; C. The county lobbyist registration required by section 2.160.020 for each county lobbyist employed by the county lobbyist employer; D. If the county lobbyist employer is an individual, the name and address of his or her principal place of business and a de- scription of the business activity in which he or she is engaged; E. If the county lobbyist employer is a business entity, a description of the business activity in which it is engaged; _10- e 12/06/93 13 :06 CA COMMON CRUSE 13 F. if the county 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 associ- ation has not more than 50 members, the names of the members; G. It the county lobbyist employer is not an individual, bus- iness entity, or industry trade or professional association, a statement of the county lobbyist employer's nature and purposes, including a description of any industry, trade, profession, or other group with a common economic interest which the county lob- byist employer principally represents or from which its membership or financial support is principally derived; H. The county lobbying interests of the coursty lobbyist employer. 2.160.050 Registration Amendments and Termination. Within 10 days of any 'change in any of the registration information reported pursuant to sections 2.160.020, 2.160.030 or 2.160.040, and before any attempt to influence official action on behalf of any previous - J.y unreported person or entity occurs, a county lobbyist, county lobbying firm or county lobbyist employer shall file with the exec- _11- A� utive officer of the board of supervisors a registration providing such revised registration information. When a county lobbyist, county lobbying firm or county lobbyist employer ceases all, activ- ities related to influencing official action this fact shall be so indicated in the last quarterly report filed pursuant to section 2.160.060, 2.160.070 or 2.160.080, whichever is applicable. 2.160.060 Quarterly Reports- County hobbyists. Unless includ- ed either as part of a county lobbying firm quarterly report filed ,pursuant to section 2.260.070 or as part of a county lobbyist em- ployer quarterly report filed pursuant to section 2.160.080, within 20 days of the end of each calendar quaxter'in which a county lob- byist has engaged in any activities as a county lobbyist, the coun- ty lobbyist shall file with the executive officer of the board of supervisors a report of all activity expenses of the County lobby- ist during the calendar quarter, 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 activ- ity expense and its value. -12- 2.160.070 Quarterly Reports - County Lobbying Firms, Within 20 days of the end of each calendar quarter in which a county lob- bying firm has engaged in any activities which qualify it as a county lobbying firm, the county lobbying firm shall file with the executive officer of the board of supervisors a'report containing the following information regarding the county lobbying firm activ- ities during such calendar quarter: A. The full name, address, and telephone number of the county lobbying firm; B. The full name, business address, and telephone number of each person who contracted with the county lobbying firm for county lobbying services, a description of the specific county lobbying interests of the person, and the total payments, including fees and the reimbursement of expenses, received from the person for county lobbying services; C. The total amount: of all payments received for county lob- bying services; D. All activity expenses incurred by the county 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. -13- o� E. If the county lobbying firm subcontracts with another county lobbying firm or county lobbyist for county lobbying ser- vices: (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 subcon- tractor; F. The name and title of each partner, owner and employee of the county lobbying firm who, on at least five separate occasions during the calendar quarter, engaged in direct communication with county officials for the purpose of influencing official action on behalf of a person who contracts with the county lobbying firm for county lobbyist services... 2.160.080 Quarterly Reports - County Lobbyist Employers and Others. Within 20 days of the end of each calendar quarter each county lobbyist employer, and each person or entity who directly or indirectly expends five thousand dollars ($5000) or more to influ- ence official action during the calendar quarter, shall file with )'he executive officer of the board of supervisors a report contain- -14- ing the following information regarding the filer's activities during such calendar quarter: firm; A. The full name, address, and telephone number of the filer; B. The total amount of all payments made to a county lobbying C. The total amount of all payments made to county 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 descrip- tion of the activity expense and its value. E. The total of all other payments to influence official ac- tion 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. F 2.160.090 Quarterly Campaign contribution Reports. Within 20 of the end of each calendar quarter each county lobbyist, y lobbying firm and county lobbyist employer shall file with ecutive officer of the board of supervisors a report contain - ng the date, amount, -and the name of the recipient of each cam- -' I -15� 12/06/93 13:08 CA COMMON CRUSE 18 *b r � , paign contributiori to an elected county official or candidate for elective county office where the total contribution was $100 or more during the calendar quarter. Said report may be made as a part of a quarterly report filed pursuant to sections 2.160.060, 2.160.070 or 2.160.080. 2.160.100 Public Records. Each calendar quarter, the execu- tive officer of the board of supervisors shall compile a list, of all county lobbyists;, county lobbying firms and county lobbyist employers. Such a list and each registration or report 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. 2.150.110 Recordkeeping. County lobbyists, county lobbying firms, and county 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 ac- counts, records, bills and receipts as are necessary to allow them to make timely accurate reports of their activities as required by this chapter. :W-IC 2.160.120 Gift Prohibition. No county lobbyist or county lobbying firm shall make to a county official and no county of- ficial shall knowingly receive from a registered county lobbyist or registered county lobbying firm a gift or gifts aggregating more than ten dollars ($10) in any calendar month. No county lobbyist or county lobbying farm 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, 2.160.130 General Prohibitions. No county lobbyist or county lobbying firm shall do any of the following: A. Do anything with the purpose of placing any county offic- ial under personal obligation to the county lobbyist, the county lobbying firm, or the employer of the county lobbyist or county lobbing firm; B. Deceive or attempt to deceive any county official with re- gard to any material fact pertinent to any pending or proposed of- ficial actioin; C. Cause or influence the introduction of any matter for con- sideration by the county as official action for the purpose of thereafter being employed to influence the occurrence or non- ,occurrence of such official actions : -17- b. Attempt to create a fictitious appearance of public favor or disfavor of any proposed official action or to cause any commun- ication to be sent to any county official in the name of any fic- titious person or in the name of any real person without the con- sent of such person; E.. Represent, either directly or indirectly, that the county lobbyist or county lobbying firm can control the official action of Any county official; F. Accept or agree to accept any payment in any way contin- gent upon success by the county lobbyist or county lobbying firm in influencing official action. 2.160.3140 Filing Fees, Each county lobbyist, county lobbying firm and county lobbyist employer or other person or entity shall pay a filing fee of thirty -five dollars ($35) when filing a regis- tration pursuant to sections 2.160.020, 2.160.030 or 2.160.040 and a fee of fifteen dollars ($15) when filing a registration amendment pursuant to section 2.160.050, a quarterly report pursuant to sec- tions 2.160.060, 2.160.070 or 2.160.080 or a separate quarterly campaign contribution report pursuant to section 2.160.090. If any such filing is made: beyond its due date and after an investigation by the executive officer of the board of supervisors which con- -18- r eludes 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 of two hundred, fifty dollars ($250). I 2.160.150 Enforcement. A. Each person or entity who applies for a county permit, license, contract or franchise shall, as a part of the application for such permit, license, contract or franchise, certify that the applicant is familiar with the requirements of this chapter, and that all persons acting on behalf of the applicant have complied therewith and will continue to comply therewith throughout the ap- plication process. The making of such a certification and compli- ance with this chapter shall be conditions precedent to the grant- ing of the requested permit, license, contract or franchise. B. Any person may file a charge with the executive officer of the board of supervisors that any county lobbyist, county lobbying firm or county lobbyist employer has violated any provision of this chapter. C. The executive officer of the board of supervisors is dele- gated the authority -to receive evidence and make determinations as to violations of this chapter. Upon receiving a charge that a per- _19- son has violated this chapter, the executive officer shall give such person reasonable notice of the charge and an opportunity to present information in response thereto. The executive officer shall make a determination as to the accuracy of the charge and shall present this determination along with the reasons for the determination to the board of supervisors. if the executive offi- cer's determination is that a violation of this chapter has oc- curred and the board of supervisors agrees, the board may impose the following sanctions: (1) Each person who has failed to comply with the re- quirements of this chapter may be refused permission to address the board of supervisors or any county 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 county lobbyist, county lobbying firm, county lobbyist employer or other person or entity acted in violation of this chapter may be denied the county contract, permit, grant or license which was the objec- tive of county lobbying activities performed 'in violation of this chapter. D. The executive officer of the board of supervisors may )develop rules for the administration of this chapter. Such rules -20- shall be presented to the board of supervisors and shall become effective if approved by a majority Grote of the board. E. The regulations imposed by this chapter are enacted pur- suant to Article III, Section 11(6) of the Charter of the County of Los Angeles. The provisions of chapter 1.24 of this code shall not apply to the provisions of this chapter. -;2 1- ORDINA14CE NO. 11111 (New Series) AN ORDINANCE AMENDING CHAPTER II OF THE SAN DIEGO MUNICIPAL CODE BY ADDING ARTICLE 9, DIVISION 1, SECTIONS 29.0101 THROUGH 29.0116 RELATING TO THE REGISTRATION OF MUNICIPAL ADVOCATES. BE IT ORDAINED, by the Council of The City of San Diego, as follows: Section 1. That Chapter II of the San Diego Municipal Code be and it is hereby amended by adding Article 9, Divislon 1, Sections 29.0101 through 29.0116 to read as follows: ARTICLE 9 MUNICIPAL ADVOCATES DIVISION i REGISTRATION OF MUNICIPAL ADVOCATES SEC. 29.0101 PURPOSE AND INTENT The purpose and Intent of this ordinance is to provide a procedure whereby persons acting as municipal advocates are required to register and provide sufficient ln.ormatlon so that complete disclosure of prin- cipals and other parties in interest represented by such municipal advo- cates may become a public record for the information of the City Council and the general public. It is not the Intent of this ordinance to discourage nor prohibit the exercise of constitutional rights. SEC. 20.0102 CITATION This division may be cited as the Sian Diego Registration of Municipal Advocates Ordinance. SEC, 29.0103 DLF'INITIONS Whenever in this division the following words and phrases are used, they shall mean the following, (a) "Advocacy" shall mean any nonpublic contact with a muniel- pa1 official made for the purpose of attempting to influence action taken on any municipal decision. Contacts made in the ordinary course of furnishing goods or services to the City in its role as a consumer of such goods or services shall not be deemed such contact as Convtitutirig advocacy. Oontact9 consisting solely of speaking -at public meetings or heartns before the Council or arty board or cammisslon or municipal of�lelaI wherein ppersonal disclosure becomes a public retard or the sending i f . wrjten comm. n ticat ion to the roffiials wich becomes part of the public record shall not be deemed a contact costitutin advocacy, nor shelf requests for Iformatlon or the giving of tecnlcat information constitute or be deemto be advocat. (b) 'Contribution' shall mea a gift, subscription, loan, advance or deposit of money or anything of value made by a person either direct yl or Indirectly, for the purpose of financing advocacy activities in order to influence action on a municipal decision. The term "contribution" also includes a contract, 'promise or agreement, whether or not legally enforceable, to make a contribution. (c) Expenditure" shall mean ax benefit conferred upon a mun•Icipal official by payment, distribution, loan, advance deposit or gift of money or an thing o€ value made b a•n advocate or his prinoipal or other parties in interest, either directly or Indirectly, Buring the course of advocacy activities for the purpose of attempting to Influence action on a municipal decision. The term "expenditure " also includes a contract, promise or agreement, whether or not legally enforceable to make an expenditure. (d) "Munlclpii advocate" shall mean every person vi-ho engages for pay or for any consideration, Including reimbursement for ex- penses incurred. for the purpose of advocacy, or who is a member of a volunteer public Interest group or community organization who, without remuneration, engages in advocacy. or ivho is regularly employed full time and as an incidental and casual part of that employment without Increase In salary or other c-)mpensatlon en- gages in advocacy. A person representing a firm of which he is a member shall be deemed to be representing a person other than himself. (e) "Municipal decision" shall mean any discretionary action taken or which may be taken by any municipal official on any matter within the scope and course of his employment, position or official Jurisdiction. Those actions by municipal officials mandated by law not requtrin the exercise of discretion or conduct of a hearing and deemed min sterlal In scope and nature are specifically and expressly excluded from the actions and decisions referred to herein. (f) "Municipal official " shall mean an person In the se-vice of The City of San Diego whose position Involves the exercise a` discre- tion In formulating and rendering municipal decisions. The terms 'mtmlelpai officlaP shall also Include members of all boards, commis- sions and committees established by action of the Council pursuant to the authority of the Charter and Municipal Code. ] 2. LEAGUE OF C ALIVORNIA CITIES , 9581.A I ..? RET R PLEASE (g) -occupation and principal place of business" shall mean the type or work or title, name and street address of employer or employing organization and city of employment or, if self—employed, the type of work or profession and complete street mailing address f where selfmployed. (h) 'Person' shall mean any individual, partnership, corporation, association, firm, committee, club or other organization or group of persons, however formally or informally organized. `Ferson " shall also include recognized employee organizations, associations and representative, thereof. (i) `Public official" shall mean an elected or appointed officer or employee or officially desi rta'ted representative, whether compen- sated or not, of the United States or an of its agencies, the State of California, any political subdivision of the state, Including cities, counties, districts or any public corporation} agency or commission. (j) "luarterg y or quarter" or calendar quarter" shall mean the at i calenddar quarter of the year' namely, the time ppetI ds encompassed uy January 1 -March 31, April i -.tune 30, July 1•Septem- 'her 30, and October 1- December 31, resPectively, (k) "Real party in Interest" shall mean the person or persons (other than any Intermediaries) for whom a municipal advocate acts, such party to be identified when required by the terms here- of by: (1) Name, address and occupation, in the case of an - • Individual' j (2) Rame principal business location and principal line of , business. in ile case of a commercial profit - seeking enterprise (any wholly or majority owned corporation to be ignored in favor of its owner for the purposes hereof unless such corpora- tion operates autonomously from such owner); (3) Name, principal headquarters address number of mem- bers and general purpose for existence, in the case of a non- commercial or nonprofit- seeking organization; and (4) frame, address and principal business of the trustee, administrator or representative and the nature of the agency relationship, in the case of a trustee, custodian, executor, a min. istrator or manager acting for the benefit of diverse beneficiaries of an yy agency relationship under which the beneficiaries do not exercise substantial control over the administration of funds or property so administered, (1) Wherever herein the male gender appears, It shall be deemed to include the female, and wherever the singular person ap ears, it shall be deemed to include the plural. SEC. 2Toio4 MULiICIPAL ADVUCATF—RE TSTRri'1`1DN REQTJIRED Any person required to register as a municipal G�dttyllC file, In person or by mail, under penalty of perjury, v on forms prescribed by the City Clerk, the information required herein: (a) No later than ten (10) calendar days after first engaging Ina votracy, a municipal advocate shall be re stared with the City Clerk. The Information required for said reg stration shall be fur- nished by the advocate or his principal anti may include, in addition to the name of the primary municippal advocate, the names of all advocates engaged by the principal if more than one. (b) Any person, whether or not required to register under this division, who speaks at a public meeting or hearing before the Council or any board or commission or official shalt, It appBaring on his own behalf, disclose any direct or Indirect economic interest he may have in the subject or Item under discussion, if such person Is appearing As an as3ent whether or not also appearing on his own behalf• he shall disclose his agency and whether or not he is being compensated for the appearance the ultimate real party In Interest, and, to the best of his knowledge, the direct or indirect economic Interest of the ultimate real party in interest. The Council. commis- slon board of official may. In Its discretion, require oral disclosure sufficient to identify such interests, agency and real party In Interest. (c) At the time of registration. every municipal advocate or his principal shall file with the City Clerk, in wrlting: (1) The full name, occupation and principal place of bust - ness of the advocate or advocates if more than one; (2) The nature and category of municipal decisloni's) the advocate is or was employed or had volunteered to support or oppose; and (3) The full name, occupation and prInc ?pal place of business of the person directing advocacy activittes and whose Interests the advocate represents as real party In interest. and if such parson Is not an individual, the person, whether a board of directors, executive committee or other�•oottp, formal or Infor- mal, who directs and controls the post�tions to be taken on municipal declsions by said advocate. In the event the municipal advocate Is retained by a person that was in turn retained by another person the municipal advocate shall disclose the Infarma- Lion required herein for both his Immediate employer and the person who has retained his Immediate employer. This listing shall be updated as changes in the information furnished occur. (d) The City Clerk shall register each person who qualifies for registration as a municipal advocate. Registration as a municipal advocate shall remain in full force and effect until such time as the muntelpai advocate notifies the City Clerk of termination of such status. In that event, the provisions of Section 29.0108 of this division shall apply. (e) In the event a registered municipal advocate is engaged to represent persons and advocacy Interests in addition to those con- tained In his original registration filing, he shall be required to supplement his file with the City Clerk only to the extent of fur - nishing information required by Section 29.0104 paragraph (c) (3). SEC. 29.0105 MUNICIPAL ADVGCkTF_- RrGIS'TR.+' Tl)GN R:EQUIR.EM iT DISPUTED The City Clerk shall Issue a Notice of Registration Required upon the written request og the Mayor or Council or any. other municipal official as defined herein. Any person who In good faith and on reason- able grounds believes that he Is not required to comply with the pro- visions of Section 29.0104 by reason of his being exempt under any provision of this division shall not be deemed to have violated the pro- visions of Section 29.0104 if, within ten (10) calendar days after recely- ing notice from the City lerk, he either complies or furnishes satis- factory evidence to the Mayor and City Council that he Is exempt from reg1stration. SEC. 29.0106 MUNICIPAL ADVOCATE— REPORT REQUIRDD Every municipal advocate or his principal subject to the registration requirements of Section 29.0104 shall file with the City Clerk between the first and fifteenth day of each calendar quarter a report containing the following information with respect to the preceding calendar quarter, said filing to be accomplished pursuant to the provisions of Section 29.8113 of this division: (a) The municipal deelslon(s) the advocate is or was employed or had volunteered to support or oppose; (b) The full name occupation and prineipal place of business of each person from w6m one or more contributions totaling one - hundred (5304) or more have been received, together with a state - nient of the purpose or purposes of each such contribution, pro- vided, however, that no such contribution need be reported If made as dues to a bona fide organization and constitutes less than five percent (5%) of the total Oudget of such person: (c) All expenditures of twenty -five dollars 425) or more made on any one occasion or expenditures on behalf of the principal or real party In interest which total, In the aggregate, one hundred dollars (5100) or more in any one quarter In providing food, drink, lodging transportation, recreation, service or any other thing of value includin any gift to an individual municipal official as defined In Section 29.103, paragraph (f , (d) In the event the municipal advocate expends less than requlred to be reported by ragraphy (c) above during any oils quarter. .Chet' halls f for illa quarter activity report on a form provided (e) All hooks, papers and documents used to Arepare and nec- essary to substantiate reports required herein shaia be retained for a perlod of six (6) years. SEC. 2D.0107 R.EGISTkITION— C©NMENTIALITY Any person may, in advance of engaging in advocacy, apply to the City Attorney for confidentlal treatment of any item of information required to be made public by this division. Such application shall be treated In confidence and shall disclose the circumstances and the Information for which confidential treatment is requested. The City Attorney shall have the authority to approve such Confidential treatment for the perlod of time necessary If, in his opinion, the confidential treatment will not, under the circumstances, be Inconsistent with the pub) IC Interest and that disclosure of such in Formation would create a at alficant hazard to or compromise the commercial or economic Interests of such person by revealsnrigg trade secrets or other information which gwould be helpful to torn titors or person Increasing the costtn of an enter- rise 29 01[18nsif 'N'ni'(TiPAIh1AD VOCAT> ERIMINATIONnOF ADVOCATE STATUS A person whose employment as a municipal advocate has ceased may notify the City Clem of the termination of his employment upon the quarterly report form provided by the City Clerk no later than the end of the quarter wlthin which termination occurs and, upon reporting the information required in Seciten 29.0106 which remains unreported since his last quarterly statement, or since the commencement of his employment if previously he has not filed such a quarterly report, shall be relieved of the obligation of snaking future reports required by Section 3 2 �, 29.0106 until his employment and registration as an advocate shall commence again upon compliance with the provisions of Section 29.0104 herein. SEC. 29.0109 1vFUNICIPAL ADYOCATF— rXCEPTIONS The provisions of this division shall not ap ply to: (a) A public offtclai acting in his official capacity b) Any newspaper or other regularly Auolished periodical, radio or television station (including any individual who owns pub- lishes or Is employed by any such newspaper, periodicai rar�i�i or television station) which in the ordinary course of business pub- lishes news items, editorials or other comments or paid adverdse- ntents which directly or Indirectly urge action upon municipal de- cistons If such newspaper, periodical, radio or television station or indivOual engages in no further or other activities in connection with action upon such munic!pal decision; (c) Any indIvidual appearing on his own behalf or on behalf of an ad hoc committee with respect to a municipal decision in sup1�pT�ort thereof or opposition thereto pursuant to a procedure as- tabi3shed by local, state or federal 1. v, or pursuant to any ro- cedure established by ordinance for levying an assessment against real property for the construction or maintenance of an Improvement: (d) A person who, Without compensation and not as a part of nor in the ortinary course of his regular employment, appears to present the position of organizations such as a taxpayers' assocl- ation, a public interest group or community organization, a chamber of commerce, a labor organlaatlan, a merchants' association, trade association or other organization however formally or informally organized when that association or organization has one or more of its off{cers, employyees or representatives already registered under the previsions of Mh division and such is revealed at the time, (a) A person when representing a Mona fide church or religious organizadicm solely for the purpose of protecting the pub!ic right to practice the doctrines of such ehurch or religious organization, (fl Members of the State "Bar of California acting on behalf of a client or clients in an attorney-client relationship while perform- fng a duty or service, which duty or service can be performed law- fully only by an attorney licensed to practice law in California, i.e., representing clients in quasi - judicial proceed.ngs conducted by munlei- goal officials; and (g) An organization of twenty -five (25) members or less which receives contributions of ten dollars ($10) or less per member per year and which does not employ anyone for the principal purpose of advocacy on behalf of such organization. sr-.C, 29.0110 CODE OF CONDUCT Any person who Is required to register as a municipal advocate or who is exempt from registration under the provisions of this division has the following obllgatlons: (a) To abstain from doing any act with the express purpose and intent of placing a municipal official under personal obligation to him or his employer. (b) Never to deceive or -aittempt to deceive a municipal offleW as to any material fact pertinent to any pending or proposed municl- pal decision. In the event the municipal decision or recommenda- tlon thereupon has been effectuated and the munie!pak advocate learns that any presentation provided by him contains false Infor. motion material to said decision or recommendations, he shall Immedi- ately Inform the appropriate official in writing, specifying the nature of the misinformation. (c) Never to cause or influence the introduction of any ordi- nance, resolution, ap 1, �etition, nomination or amendment thereto for the purpe�se of ereafter being employed to secure its granting. denial, cDnfirmatlon,_ rejection, passage or defeat. (d) To abstain from any attempt to create a fictitious appear- once of public favor or disfavor regarding any propcsed municipal decision or to cause any communication to be sent to a mun €clnaI official In the name of any fictitious person or in the name of any real pperson, except with the consent of such real person. (o) Not to represent, el•ther directly or indirectly, through any advocacy activity, that he can control or obtain the vote or favor - able action of a munlelpaI official on any municipal decision. (f) Not to represent, or solicit representation of, an interest ad- verse to his employer nor to represent employers whose Interests are kno-wn to him to be adverse. SEC. 29.0111 EAVIPLOYMDNT Or CITY EMPLOYE MS If any advocate registered or required to be registered under Section 29:0X04 em • logs or requests, recommends, or causes his employer to employ,. and such errtpployer does empl% any person known by him to be an officer or full- me employed of the City, in any capacity wltatso- ever he shall file with the City Clerk within ten (I O) days after such employment, the name of the person so employed and to be paid as a result thereof, and the date first employed. 4 2 �, SEC. 29.0112 DUTIES OF CITY CLERK All information contained in reports required to be filed under the provisions of this division shall be complied by the City Clerk as soon as practicable after the close of each quarter with respect to which such information is filed and shall be forwarded to the Mayor and City Cauitcll. Ali reports requlred under this division to be filed with the City Clerk shall be preserved by him for a period of six (6) years from the date of filing, shall constitute part of the public records of his office, and shall be open to public inspection. Copies shall be made available by the Cfty Clerk uppon request and payment of copy charges. pursuant to the San Diego &lun!cipal Code, Secton 22.0109. SEC. 29.0113 FILING OF REPORTS OF RECEIPTS AND F- KPENDITURES The reports required by this division shall be filed with the City Clerk at his office durin regular business hours on forms prescribed by the City Clerk. Each such report shall be verified by the person retltsired by the terms of th:s division k0 file lt. The verlficatian shall state that such person has u ed xII reasonable diligence In its ,ppreparation anti that. to his katowledge, !t is true and C0mplete. Any -1 fleatlon required by this dlvlX mayy be made under path or affirrnatl0n before any officer r ed to atiminaster oaths or by c- ,Iflcatlon or deClxration made "under penalty of perjury," as provided In Section 2025.5 of the California Code of C1v11 Procedure. SEC. 29.0111 LISPECTION OF STATEIiENTS The City Clerk shall Inspect, or cause to be Inspected, each report filed under this division within ten (10) days after the date It is filed. The City Clerk shall notify a person required to file a report under this division Immediately if: (a) It appears that the person has failed to file a report as required by law or that a report filed by the person does not con- form to law, or (b) A written Complaint is filed by any resident of the City of San Diego alleging that a violation of this division has occurred. SEC. 28.0115 VIOLATIONS AIN PE, ALTIES Every person who knowingly and wilfully violates any provision of this division shall be subject to penalties provided In Section 11.12 of this MunicipaI Code. SEC. 29.0116 SEVERABILITY If any provision of this division or the application thereof to any person or circumstance is hold invalid, the val!dit of the remainder of the division and the applicability of such provisions to other persons and circumstances shall not be affected thereby. Section 2. This ordinance shall take effect and be in force on the thirtieth day from and after Its passae. Passed and adeptedI by tKe Council of The City of San Diego on August 30 1973 by the following vote: YAAS: 6'Connor, Landt, Morrow, Martinet, Bates, Wilson. NAYS: flltcb. ABSENT: Johnson, Williams. AUTHENTICATED BY: PETE WILSON, Mayor of The City of San Diego, California. EDWARD NIELSEN, City Clerk of The Cl t,v of San Diego, California. By MARY AN14E MRASE, Deputy. (Seal) I HERE3Y CEii,TII'Y that the foregoing ordinance was not finally passed until twelve calendar days had elapsed between the day of Its Introduction and the day of its final passage, to wit, on August 16, 1973, and on August 30, 1973. I FURTEiEFt CERTIFY that the reading of said ordinance In full was dispensed with by a vote of not less than a majority of the members elected to the Council, and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. EDWARD NIEI.SON, City Clerk of The City of San Diego, California. By MARY ANNE &LEASE, Deputy. - (Seal) Published September 7, 1873 E-872 TIT I 1 zt 2 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1W 28 29 �n 97 -£7 -29 FILE NO A:re{rlmmt of the whole 2/1/88 As arie-ded in Board 2/1/88 OaMANCS MO Y0 - I (Lobbyists) AMENDING CHAPTER 16 OF THE SAN FRANCISCO ADMINISTRATIVE CODE, BY ADDING ARTICLE XIIA THERETO, REGULATING LOBBYISTS, AND SETTING AN EFFECTIVE DATE. NOTE: All language is new; additions or substitutions have not been indicated by underlining. Be it ordained by the People of the City and County of San Francisco: Section 1. Chapter 16 of the San Francisco Administrative Code is hereby amended by adding Article XIIA thereto, to read as follows: i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 SEC. 16.520. SEC. 16.521. SEC. 16.522. SEC. 16.523. SEC. 16.524. SEC. 16.525. SEC. 16.526. SEC. 16.527. SEC. 16.528. SEC. 16.529. SEC. 16.530. SEC. 16.531. SEC. 16.532. SEC. 16.533. SEC. 16.534. -'Oki Cit)'O& FEB 2 51987 ARTICLE XIIA. REGULATION OF LOBBYISTS 'LOBBYIST' DEFINED. THRESHOLDS. EXEMPTIONS. DEFINITIONS. REGISTRATION OF LOBBYISTS. REGISTRATION REPORTS. ACTIVITY REPORTS. OBLIGATIONS OF LOBBYISTS. EMPLOYMENT OF CITY OFFICERS OR EMPLOYEES. EMPLOYMENT OF UNREGISTERED PERSONS. FILING UNDER PENALTY OF PERJURY. POWERS AND DUTIES OF THE CLERK OF THE BOARD. VIOLATIONS. LIMITATION OF ACTIONS. SEVERABILITY. (W CIiLMM" CTT'IE� 9sorwosd>D0. SW4 CJ I WB'Sl�d pt,SABS 3 3 4 6 8 9 l0 11 12 12 13 13 14 14 14 SEC. 16.520. 'LOBBYIST" DEFINED. 1 entitled to receive at least one thousand dollars ( ;1,000) total 1 The following persons are deemed to be lobbyists and shall compensation in any month for influencing local legislative or 2 2 be subject to the provisions of this Article: administrative action of has at least 25 separate contacts with 3 3 (a) Any person, business entity or other organization, officers of the City and County for the purpose of influencing 4 4 including an individual contract lobbyist, which contracts for local administrative or legislative action within any two 5 5 economic consideration to communicate with any officer of the consecutive months. 6 6 City and County of San Francisco for the purpose of influencing (b) No business or organization shall be deemed a lobbyist 7 7 local legislative or administrative action on behalf of any other 2/1/888 under Section 16.520, subd. (b), unless it compensates its 8 person. Y employees or members for their lobbying activities on behalf of 9 9 f (b) Any business or organization any of whose employees or the business or organization, and the compensated employees or 10 10 members, as a regular part of their duties or employment, f ep members have at least 25 separate contacts with officers of the 11 11 I communicate with any officer of the City and County of San City and County for the purpose of influencing local legislative 12 12 Francisco for the purpose of influencing local legislative or or administrative action within any two consecutive months. 13 13 administrative action on behalf of that business or "Total compensation" shall be calculated by combining all 14 14 organization. The requirements of this Article shall not apply compensation received during the month from all clients for all 15 15 where employees or members indicate affiliation or identification lobbying activities on all targeted local legislative and 16 16 with a business or organization, but do not represent the administrative actions. "Total number of contacts" shall be 17 17 official position of the business or organization. calculated by combining all contacts made during the two -month 18 IB (c) Any person who directly or indirectly expends one period on behalf of all clients for all lobbying activities on 19 19 thousand dollars ( ;1000) or more in value in any calendar quarter all targeted local legislative and administrative actions. 20 20 to influence local legislative or administrative action. 21 21 Payments made to any person as consideration for communicating SEC. 16.522. EXEMPTIONS. 22 22 with an officer of the City and County for the purpose of The term "lobbyist" shall not include: 23 23 influencing local legislative or administrative action shall not 1. A public official acting in an official capacity; 24 be included in calculating expenditures for the purposes of this 24 2. A newspaper or other regularly published periodical, 25 25 subsection. radio or television station (including any individual who owns, 26 26 l; publishes or is employed by any such newspaper or periodical, 27 SEC. 16.521. THRESHOLDS. 27 i. radio or television station) which in the ordinary course of i 28 (a) No person shall be deemed a lobbyist under Section 28 business publishes news items, editorials, or other comments, or 2: 16.520, subd. (a), unless that person receives or becomes paid advertisements, which directly or indirectly urge action 30 30 upon local legislative or administrative action, if such SUPERVISORS WALKER, SILVER, GONZALEZ PAGE 3 r G newspaper, periodical, radio or television station or individual aAM of umaysoa I anro a a rensm 1; 2E C 3�4 5 6 7 8 9 10 11 12 13 14 15 16 17 IB 19 20 21 22 23 24 25 26 27 28 29 30 engages in no further or other activities in connection with such legislative or administrative action; 3. A person acting on behalf of others in the performance of a duty or service, which duty or service lawfully can be performed for'such other only by an attorney or an architect licensed to practice in the State of California, and including any communication by an attorney concerning the settlement of a lawsuit involving the City and County; 4. A person invited by or on behalf of any officer of the City and County to confer, consult or give testimony in aid of the officer extending the invitation; 5. A person appearing with respect to local legislative or administrative action pursuant to a procedure established by State or Federal law, or pursuant to any procedure established by ordinance for levying an assessment against real property for the construction or maintenance of an improvement; and, 6. A person applying for, opposing or otherwise taking any position on a grading permit or a permit relating to the construction, alteration, demolition or moving of a building or to a person filing, opposing or otherwise taking a position on a parcel map or subdivision tract map:`` provided, however, that if a person qualifies as a lobbyist and that person takes or opposes an appeal or represents a person taking of opposing an appeal, pursuant to any procedure or authority provided by law from an administrative determination made with respect to such an application or map, that person shall be required to register as provided in Section 16.524 upon taking the appeal or filing opposition to it. 7. A person employed by a lobbyist registered under this Article to provide expert testimony before an officer of the City SUPERVISORS WALKER, SILVER, GONZALEZ PAGE 5 ROAM Of SUKK4000 I 1 and County. 2' SEC. 16.523. DEFINITIONS. 3 Whenever used in this Article, the following words and 4 phrases shall be as defined in this section: 5 (a) 'Economic consideration' shall include reimbursement 6 7 for expenses incurred. A person shall be deemed to be employed as a lobbyist whether consideration is paid specifically for 8� activity regulated by this Article or other activity as well. 9�. (b) 'To communicate shall include to communicate directly 10 ! or through an agent, associate or employee, but shall not include 11 12 (1) appearing as a witness in, or providing written statements which become part of the record of, a public hearing so long as 13 �. the lobbyist identifies the client or clients on whose behalf the 14 lobbyist is speaking or writing; or (2) the distribution to any 15 officer of the City and County of any regularly published 16 newsletter or other periodical which is not primarily directed at 17 influencing local legislative or administrative action. A 18 "public hearing' shall include any open, noticed proceeding where 19 a public record is kept of who testified and who was represented 20 ! by a lobbyist testifying at that hearing. 21 (c) 'Officer of the City and County' shall include any 22 '. official defined in San Francisco Charter Section 1.103, as well 23 + I. as any official body composed of officers of the City and County. 24 'r (d) 'To expend' means to pay, distribute, loan, advance, 25 deposit, or give money or anything of value, whether directly or 26 " indirectly, for the purpose of influencing local legislative or 27 administrative action, and includes a contract, promise, or 28 agreement, whether or not legally enforceable, to make an 29 expenditure. 30 '. SUPERVISORS WALKER, SILVER, GONZALEZ PAGE 6 r WAM Of SURN60M so 1 (e) "Local legislative or administrative action" includes the drafting, introduction, consideration, modification, 3 enactment, defeat, approval—veto, granting or denial by any officer of the City and County of any resolution, motion, appeal, application, petition, nomination, ordinance, amendment, S 6 approval, referral, permit, license or entitlement to use. "Local legislative or administrative action" does not include any 7 action by any officer of the City and County which adjudicates 8 the rights and /or duties of a single individual (or group of 91 • individuals when individual proceedings are consolidated) other 10 than a proceeding described in Section 16.522, subd. (6). 11 j (f) The terms "quarterly" or "quarter" or "calendar 12 quarter" mean the annual calendar quarters of the year, namely, 13 the time periods encompassed by January 1 - March 31, April 1 - 1! June 30, July 1 - September 30, and October 1 - December 31, 15 respectively. 16 (g) The term "public official" as used in Section 16.522 17 shall include an elected or appointed officer or employee or 18 f officially designated representativq, whether compensated or not, 19 of the United States or any of its agencies, the State of 20 California, any political subdivision of the State, including 21 cities, counties, districts, or any public body corporate and 22 politic, agency or commission. 23 (h) "Client" means the real party in interest for whose 24 benefit the services are actually performed. The 'client" of a 25 lobbyist qualified under Section 16.520(b) shall be the business 26 or organization; the 'client' of a lobbyist qualified under 27 ' Section 16.520(c) shall be the individual. An individual member 28 of an organization shall not be deemed to be a 'client' solely by 29 reason of the fact that such member is individually represented 30 SUPERVISORS WALKER, SILVER, GONZALEZ PAGE 7 WSW Of n1K&SO6 1 by an employee or agent of the organization as a regu. ./part of 2 such employee's or agent's duties with the organization and so 3 ; long as such member does not pay an amount of money or other consideration for such representation in addition to the usual 4 S membership fees. (i) "Activity expense" means any expense incurred or 6 7 payment made by a lobbyist or a lobbyist's client, or arranged by 8 a lobbyist or a lobbyist's client, which benefits in whole or in I part any officer of the City and County, candidate for municipal 9f�: office, or a member of the immediate family of one of these 10 individuals. 'Activity expenses" include gifts, honoraria, 11 consulting fees, salaries, and any other form of economic 12 compensation totalling more than twenty dollars ($20) in value in 13 a calendar month, but do not include political contributions. 14 15 SEC. 16.524. REGISTRATION OF LOBBYISTS. 16 ' (a) No lobbyist shall communicate with an officer of the 17 City and County for the purpose of influencing local legislative 18 or administrative action without first registering with the Clerk 19 of the Board of Supervisors. The Clerk of the Board shall issue 20 a registration number to each lobbyist and indicate thereon the 21 expiration date of the registration, which shall be one year 22 after the last day of the calendar quarter in which registration 23 occurs. 24 li � (b) At the time of registration or re- registration, each 25 lobbyist shall pay an initial fee of thirty -five 'dollars ( =35.00) 26 and an additional fee of fifteen dollars ( ;15.00) for each client 27 identified by the lobbyist at said time. When a client is 29 acquired subsequent to registration or re- registration, a fifteen dollar ($15.00) fee shall accompany the filing of the information 30 SUPERVISORS WALKER, SILVER, GONZALEZ PAGE 8 4 10AW of wreensoa required herein. The Clerk shall waive these fees for any lei G organization presenting proof of its tax- exempt status under 26 2, 3 U.S.C. 501(c)(3) or 501(c)(4). (d) In order to maintain an active registration, a 4 lobbyist shall re- register between the first and last day of the 5 month in which the registration expires. 6 7 SEC. 16.525. REGISTRATION REPORTS. 8 (a) At the time of registration or re- registration, and 9 between the first and 15th day of each calendar quarter so long 10 as that person's registration continues, each lobbyist shall file 11 with the Clerk of the Board a report of: 12 (1) the name, address and phone number of the lobbyist; 13 (2) If the filer is a business or organization 14 qualifying under Section 16.520(b), a specific description 15 of the business or organization in sufficient detail to 16 inform the reader of the nature and purpose of the business 17 or organization. IB (3) If the filer is an individual qualifying under 19 Section 16.520(c), the name and address of the filer's 20 employer, if any, or his or her principal place of business 21 if the filer is self - employed and a description of the 22 business activity in which the filer or his or her employer 23 is engaged. 24 (4) the name and address of each current client; 25 (5) the proposed local legislative or administrative 26 action the lobbyist is employed to support or oppose, and 27 + ` the client on whose behalf the lobbyist is employed for 28 G each proposed local legislative or administrative action; 29 �� (6) the names of all individuals communicating with any 30 C i SUPERVISORS WALKER, SILVER, GONZALEZ PAGE 9 I 1 officer of the City and County on behalf of the _.tbyist; E . ' 2 and, 3 (7) Any other information required by the Clerk of the 4 Board of Supervisors consistent with the purposes and 5 provisions of this Article. 6 (b) The lobbyist shall also, within 30 days after 7 initially registering or after first registering on behalf of a particular client, submit to the Clerk of the Board a written 8 authorization from each client by whom the lobbyist is employed 9 to act in furtherance of such object, including the local 10 legislative or administrative action the lobbyist has been 11 employed to support or oppose. Client authorizations need not be 12 re- submitted at the time of re- registering. 13 (c) Should services be engaged or terminated by any client 14 subsequent to registering or re- registering, the same information 15 with respect to that client shall be filed by the lobbyist before 16 acting on behalf of that client and no later than fifteen (15) 17 after the change in status. A person who ceases all activity as 18 a lobbyist may notify the Clerk of the Board of that fact and, 19 upon reporting the information required by subsection (a) above, 20 occurring since the lobbyist's last quarterly statement or since 21 the commencement of the subject employment, whichever is 22 applicable, shall be relieved of the obligation of making future 23 reports required by this Article until again acting as a 24 25 lobbyist. 26 SEC. 16.526. ACTIVITY REPORTS. 27 At the time of registration or re- registration, and between 28 the first and 15th day of each calendar quarter so long as that 29 person's registration continues, each lobbyist shall shall file 30 SUPERVISORS WALKER, SILVER, GONZALEZ PAGE 10 90ASO or SUPOMSM + i I WAM OF SUKrAS f I with the 6u rk of the Board a detailed report of: 2 (a) All activity expenses incurred by the lobbyist firm ti 3 y during the preceding quarter, including the following information: (1) The date and amount of each activity expense. 4 5 (2) The full name and official position, if any, of the beneficiary of each expense, a description of the benefit, 6 7 and the amount of the benefit. (3) The full name of the payee of each expense if other 8 than the beneficiary. 9, (b) A report of all political contributions of one hundred 10 dollars ($100) or more made by the lobbyist during the preceding 11 quarter to an officer of the City and County, a candidate for 12 such office, a committee controlled by such officer or candidate, 13 or a committee primarily formed to support such officer or 11 candidate. This report shall include all political contributions 15 arranged by the lobbyist, or for which the lobbyist acted as an 16 agent or intermediary. 17 (c) Any other information required by the Clerk of the 18 Board of Supervisors consistent with the purposes and provisions 19 of this Article. 20 21 SEC. 16.527. OBLIGATIONS OF LOBBYISTS. 22 Any person who qualifies as a lobbyist under Section 16.520 23 shall have the following obligations: 24 (a) Not to act as a lobbyist unless registered pursuant to this Article, and not to accept any economic - consideration for 26 acting as a lobbyist except upon condition that the lobbyist 27 forthwith register in accordance with this Article. 28 (b) Not to cause or influence the introduction or 29 initiation of any local legislative or administrative action for 30 SUPERVISORS WALKER, SILVER, GONZALEZ PAGE 11 10"D Of SINfnso" the purpose of thereafter being employed to secure its — rating, 1 2 denial, confirmation, rejection, passage or defeat. 3 (c) Not to communicate with any officer of the City and 4 l County in the name of any fictitious person or in the name of any S real person, except with the consent of such real person. 6 (d) To retain all books, papers and documents necessary to 7 substantiate the financial reports required to be made under this Article for a period of five years. 8 A lobbyist shall not attempt to evade these obligations 9 through indirect efforts or through the use of agents, associates 10 or employees. 11 12 SEC. 16.528. MGLOYMENT OF CITY OFFICERS OR EMPLOYEES. 13 If any lobbyist employs or requests, recommends, or causes 14 such lobbyist's client to employ, and such client does employ, 1S any officer of the City and County, any attache of an officer of 16 the City and County, or any person known by such lobbyist to be a 17 1 full -time employee of the City and County, in any capacity 18 whatsoever, the lobbyist shall file within ten days after such 19 employment a statement with the Clerk of the Board of Supervisors 20 setting out the nature of the employment, the name of the person 21 to be paid thereunder, the amount of pay or consideration to be 22 , paid thereunder and the date first employed. 23 24 !. SEC. 16.529. EMPLOYMENT OF UNREGISTERED PERSONS. 25 It shall be unlawful knowingly to pay any person to 26 ;i communicate with any officer of the City and County of San 27 Francisco for the purpose of influencing local legislative or 28 , 29 administrative action, if said - person is required to register % under this Article and has not done so. 30 j i SUPERVISORS WALKER, SILVER, GONZALEZ PAGE 12 WAD OF nJfWMM SEC. 16.530. FILING UNDER PENALTY OF PERJURY. 1 2 All information required under this Article shall be filed 3 with the Clerk of the Board of Supervisors, on forms provided by 4 the Clerk. The individual filing shall swear to the accuracy and 5 completeness of the information under penalty of perjury. 6 SEC. 16.531. POWERS AND DUTIES OF THE CLERK OF THE BOARD. 7 (a) The Clerk of the Board shall issue a 'Notice of 8 9 Registration Required' upon the written request of any officer of , the City and County. Any person who in good faith and on 10 reasonable grounds believes that compliance with this Article is 11 not required by reason of being exempt under Sections 16.521 or 12 16.522 shall not be deemed to have violated the Article if, 13 within 15 days after notice from the Clerk of the Board of 14 Supervisors, that person either complies or furnishes 15 satisfactory evidence to the Clerk of the Board evidencing that 16 said person is exempt from registration. 17 (b) The information provided in registration and activity 18 reports filed pursuant to this Article shall be compiled by the 19 Clerk of the Board as soon as practicable after the close of each 20 quarter with respect to which such information is filed and shall 21 be forwarded to the Board of Supervisors with a copy thereof to 22 the Mayor. 23 (c) In January of each year, the Clerk of the Board shall 24 file a report with the Board of Supervisors on the implementation 25 of this Article. 26 (d) All reports and statements filed with the Clerk of the 27 Board of Supervisors under this Article shall be preserved by the 28 Clerk of the Board for a period of five years from the date of 29 filing. Such reports and statements shall constitute part of the 30 4 SUPERVISORS WALKER, SILVER, GONZALEZ PAGE 13 ROAM Of UNNW,00 1 public records of the Clerk's office and shall be open _- .'public 2 inspection. f 3 (e) The Clerk of the Board shall have the power to adopt 4 all reasonable and necessary rules and regulations for the 5 implementation of this Article. k 6� SEC. 16.532. VIOLATIONS. 7 (a) Any person who knowingly violates any provision of 8 9 + this Article is liable in a civil action brought by the City Attorney for an amount up to $1000.00 per violation. 10 ` (b) Should two or more persons be responsible for any 11 f h violation under this Article, they shall be jointly and severally 12 liable. 13 (c) The City Attorney may also bring an action to revoke 14 for up to one year the registration of any lobbyist who has 15 j. knowingly violated this Article. 16 17 f' SEC. 16.533. LIMITATION OF ACTIONS. 18 No civil action alleging a violation of this Article, as 19 provided in Section 16.532, shall be filed more than four years 20 after the date the violation occurred. 21 h 22 �; l SEC. 16.534. SEVERABILITY. 23 If any section, subsection, subdivision, sentence, clause, 24 phrase, or portion of this Article, or the application thereof to 25 any person, is for any reason held to be invalid or i 26 f unconstitutional by the decision of any court of competent 27 jurisdiction, such decision shall not affect the validity of the 28 f remaining portions of this Article or its application to other 29 i persons. The Board of Supervisors hereby declare that it would 30 t SUPERVISORS WALKER, SILVER, GONZALEZ PAGE 14 1 V j ROAM Of SUPUYSOM r have adopie-d this Article, and each section, subsection, 1 subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, 3. subsections, subdivisions, sentences, clauses, phrases, or i 4 S portions, or the application thereof to any person, to be declared invalid or unconstitutional. 6 j 7 8 i Section 2. This ordinance shall be effective on April 1, 9 1988. The Clerk of the Board of Supervisors shall take all 10 reasonable and appropriate steps to publicize the provisions of 11 this ordinance, including publishing a brief notice on all Board 12 calendars. 13 11 1S 16 APPROVED AS TO FORM: 17 LOUISE H. RENNE, City Attorney 1a 19. 20 Deputy CPfY Attorney } 21 22 23 21 25 26 27 28 29 13909 (Amendment of the whole, 02/01/88) 30 SUPERVISORS WALKER, SILVER, GONZALEZ PAGE 15 I WAM GF SAMM Board of Supervisors. San Francisco Passed for Second Reading 5 Finally Passed February 1. 1988 S February 8. 1988 5 5 Ayes: Supervisors Britt Gonzalez S Ayes: Supervisors Gonzalez Hsieh Hsieh Kennedy Maher Molinari 5 Kennedy Maher Nelder Silver Nelder Silver Walker S Walker 5 Absent: Supervisors Hongisto Ward S Absent: Supervisors Britt Hongisto Molinari Ward I hereby certify that the foregoing ordinance was finally passed by the Board of ,Supervisors of the City and County of San FrancisSo File No. 97 -87 -29 Date Approved