HomeMy WebLinkAbout08/16/1994, 1 - MUNICIPAL ADVOCATE ORDINANCE MEETING
DATE-
V City O� San JS OBISPON/94
WMCGN COUNCIL AGENDA REPORT
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-;NJ_7VL'ED TO
FROM: The Campaign Regulations Committee ��o
GlennaDeane Dovey, Chair _ f,. tf scrW�t_,; .
PREPARED BY. Diane R. Gladwell, City Clerk k
SUBJECT: Municipal Advocate Ordinance p
RECOMMENDATION: Introduce an Ordinance to Print Adding Chapter 2.64 to the
Municipal Code as recommended by the Campaign Regulations
Committee.
DISCUSSION:
On February 1st, Council charged the Campaign Regulations Committee to evaluate the
concept and make recdmmendations regarding a municipal lobbying ordinance. Continuing
members serving on the Committee include GlennaDeane Dovey (Chair), Carla Saunders
(Vice Chair), Dominic Perello, and Richard Schmidt. Since-four:members of the original
committee were unable to continue serving, the Council-chose tia appoint Janet Kourakis.
The committee met throughout the spring to analyze lobbying ordinances from Los.Angeles,
San Diego and San Francisco, as well as a draft version from Culver City. Also considered
were recommendations from the Los Angeles City Ethics Commission. Ultimately, the
committee opted for an approach that is simpler than any of the models studied. .
The stated intent of the ordinance is to provide a procedure to publicly disclose principals
and other parties of interest who are paying or being paid to influence the decisions being
made by the City. Persons or businesses representing themselves'are not considered a
municipal advocates. Although municipal advocates are required to register in advance with
the City Clerk, the ordinance is structured to allow them to speak at a public meeting prior
to registration by providing a 15-day "grace" period in §2.64.060(b).
The committee was split on requiring the municipal advocate's city of residence and phone
number, with some members concerned with privacy issues.
It is the intent of the ordinance to provide for public disclosure while not hampering the
exercise of freedom of speech. Major goals of the committee were to make the process as
simple as possible and to allow full public participation in local legislative processes.
The attached draft ordinance includes the following,major,;provisions:
1. Defines "Municipal Advocate" as any person who is paid to influence
legislative or discretionary action on behalf of another person, with
exemptions for public officials, grants-in-aid applicants, Council "invitees",bid
respondents,media,and licensed attorneys, architects or engineers conducting
activities for which a license is required.
2. Requires the Municipal Advocate to register with the City Clerk prior to
engaging in any influencing activities related to legislative or discretionary
actions.
3. Requires oral disclosure of registration and the party being represented when
a Municipal Advocate speaks at a public meeting.
4. Adds administration of the program to the City Clerk's responsibilities.
5. Prohibits City employees, for two years after leaving City employment, from
acting as Municipal Advocates for projects with which they had been involved.
6. Provides infraction penalties for violations.
FISCAL IMPACT:
Unknown administrative expenses for establishing and administering program impacting the
City Clerk's Department. We are currently estimating an increased expense of $2,500
annually. The committee chose not to recommend registration fees since these would
increase the burden and costs of administration.
ATTACHMENTS: Draft Ordinance
Draft Registration Form
Copies of Ordinances from Los Angeles, San Diego, San Francisco,
and Culver City's draft are in the Council Reading File.
�'02-
ORDINANCE NO. (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.
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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 -
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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, city of residence, and phone number of the
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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.
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
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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
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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 five (5) 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 day of ,
1994, on motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
6
MUNICIPAL ADVOCATE
REGISTRATION FORM `
Any person engaged in Muncipal Advocacy as defined by Municipal Code Section XX.CCC.
is required to register with the City Clerk. This form shall remain in full force and effect
until such time as the Muncipal 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: PHONE:
Please list your client or clients on the reverse side of this form.
I swear, under penalty of perjury, that the information provided herein is correct.
Signature of Municipal Advocate
The foregoing Ordinance was passed and adopted this
day of 1994 .
Mayor Peg Pinard
ATTEST:
City Clerk Diane R. Gladwell
APPROVED AS TO, F
y for ey J fr G. Jorgensen
i- 9
DATE: CLIENT:
CLIENT'S ADDRESS:
LEGISLATIVE ACTION WHICH YOUR CLIENT HAS AN INTEREST IN
INFLUENCING:
DATE NO LONGER ACTIVE FOR CLIENT ON THIS ISSUE:
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DATE: CLIENT:
CLIENT'S ADDRESS: PHONE:
LEGISLATIVE ACTION WHICH YOUR CLIENT HAS AN INTEREST IN
INFLUENCING:
DATE NO LONGER ACTIVE FOR CLIENT ON THIS ISSUE:
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DATE: CLIENT:
CLIENT'S ADDRESS: PHONE:
LEGISLATIVE ACTION WHICH YOUR CLIENT HAS AN INTEREST IN
INFLUENCING:
DATE NO LONGER ACTIVE FOR CLIENT ON THIS ISSUE:
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MEETIN AGENDA
RE( .�V�� _ JE qI ITEM #
F3 AUG `t j 1`/y4
r CITY COUNCIL
San Luis Obispo County SAN LUIS OBISPO. CA
FARM BUREAU
NCIL ❑ CDD DIR
August 18, 1994 Fr 11 FIN DIR
ff ACAO ❑ FIRE CHIEF
9rFT09NEY ❑ PW DIR
San Luis. Obispo Cit Council rr(CLERK/ORIG ❑ POLICE CHF
P Y ❑ MGMT TEAM ❑ REC DIR
City of San Luis Obispo ❑ CRVAD ILE ❑ UTIL DIR
P.O. Box 8100 ;1 C3 ❑ PERS DIR
San Luis Obispo, CA 93403-8100
Dear Council Members,
The San Luis Obispo County Farm Bureau would like to express their opposition to what
appears to be a movement to discriminate against organizations which have employees who are
charged with the responsibility of speaking for their organization.
The City of San Luis Obispo is not the U.S. Congress or the California Legislature. Most of
those testifying to "influence" the City Council or Planning Commission are local. All those
testifying do, and are asked to, clearly identify themselves and who they represent.
Who would this "Municipal Advocate" registration benefit? Certainly not the public. The City
Council is well aware of who and what entity is speaking before them. In the case of Farm
Bureau, there seems to be little.doubt that the City is well aware of our organization and who
our representatives are. Additionally, the listing of our "clients" is a little extreme, as our client
is our 2,000 plus members. The whole process of logging in the "legislative action which your
client has an interest in influencing" and the "date no longer active for client on this issue" is
totally inappropriate. .
It has always been the policy of our organization to clearly identify ourselves and who we are
representing. This would seem to be the appropriate manner by which all those attempting to
"influence" the city or the employees should operate. This is an informative and cost effective
way of approaching the issue.
We would appreciate the City.Council's rejection of this proposed discriminatory practice of
registering with the City Clerk.
Sincerely,
MARILY RITTON
Executive Manager, S.L.O. Co. Farm Bureau
651 Tank Farm Rd.
San Luis Obispo,.CA 93401
(805) 543-3654 <
DATING
9 AGENDA
TEM #
San Luis Obispo Chamber of Commerce
1039 Chorro Street a San Luis Obispo. California 93401-3278
(805) 781.2777 • FAX (805) 543-1255
David E. Garth, Executive Director
August 26, 1994
F. n,
CIL. 13 CDD DIR
EJ ❑ FIN DIR
Honorable Mayor and City CouncilA ❑ FIRE CHIEF
�A/TTOP.NEY 13 PW DIR
City of San Luis Obispo 9CLEFKIORIG ❑ POLICE CHF
990 Palm Street ❑ MGMT TEAM ❑ REC DIR
San Luis Obispo, CA 93403-8100 D C READ FILE 17 UTIL DIR
❑ PERS DIR
RE: Proposed Municipal Advocate Ordinance
Dear Mayor and Council Members:
The San Luis Obispo Chamber of Commerce opposes the proposed municipal advocate
ordinance and urges the Council to do likewise. While the ordinance may sound good
at first glance, the Chamber believes that this ordinance attempts to "license" free
speech. Even if a person is being paid to represent a group or organization, that person
should have the right to freely express the organization's views. Of utmost concern to .
the Chamber is the fact that this ordinance would actually discourage public
participation at a time when Council should be encouraging n>ore participation in the
government process.
Usually an ordinance is put in place because of a demonstrated need. The major flaw
in this ordinance is that it attempts to "fix" something that is not a defined problem. At
no time during the Campaign Regulations committee meetings, nor anywhere in the
staff report is there mention of a problem; Why fix something that's not"broke?" Why
impose another layer of red tape for those wishing to express their thoughts? And why
impose an ordinance that will add cost, and at a level that will surely be larger than the
estimated $2500?
Let's face it. We are not Los Angeles, nor San Francisco-- the two cities this ordinance
was modeled after. Perhaps in these large cities there is a defined need for a "lobby
ordinance." But this is San Luis Obispo, where by and Iarge, the community knows
who is representing whom. When testifying at public hearings, current policy already
results in speakers revealing who they are and who they represent. For example, a
planner disclosing the name of a client is already common practice.
iECEI EL
AUG 2 9 1994 ACCREDITED
CHAMBER OF COwIENCE
U:'hwbra O�COMMLaCL
.1 •Ilict L 411 5
CITY CLERK
CBIS. r-.
The bottom line, having to register, and having to announce oneself as a "municipal
advocate" is intimidating. Having to reveal home phone numbers is a right to
privacy issue. Finally, it is unclear exactly who has to register and why some
professions are exempt from the label of a "municipal advocate" while others are not.
With all this unclarity and inequity, how can you even consider imposing a
procedure that will most definitely discourage free speech.
The Chamber of Commerce believes this ordinance is totally unnecessary. We urge
your opposition to the proposed municipal advocate ordinance.
Sincerely,
William A. Thoma, Vice President
San Luis Obispo Chamber of Commerce