Chapter 5.11
REGISTRATION OF LOBBYISTS*
Sections:
5.11.04 Registration requirements.
5.11.05 Renewal of registration.
5.11.06 Registration statement: Amendment: Termination.
5.11.08 Duties of the City Clerk.
5.11.10 Applicability of other laws.
* Former Sections 5.11.01 through 5.11.09, as added by Ordinance No. 76-11, effective March 1, 1976, repealed by Ordinance No. 84-27, effective December 5, 1984.
Sections 5.11.01 through 5.11.11, as added by Ordinance No. 95-24, effective October 2, 1995 were renumbered by codifier in order to conform to the current numbering style of the Code.
5.11.01 Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
(a) “City official” means any elected or appointed City officer, member, employee or consultant (who qualifies as a public official within the meaning of the Political Reform Act) of any agency, who, as part of his or her official duties, participates in the consideration of any municipal legislation other than in a purely clerical, secretarial or ministerial capacity.
(b) “Lobbyist” means any person who is employed or contracts for economic consideration, other than reimbursement for reasonable travel expenses, to perform lobbying services which shall include communicating directly or through his or her agent with any city official for the purpose of influencing, supporting, promoting, modifying, opposing, delaying or advancing any municipal legislation.
(c) “Municipal legislation” means a resolution, motion, appeal, application, petition, hearing, nomination, ordinance, amendment, and any other matter pending, proposed, or which may eventually come before the Council for approval. However, “municipal legislation” does not include any of the following:
(1) A request for advice or for an interpretation of laws, regulations, City approvals or policies, or a direct response to an enforcement proceeding with the City;
(2) Any ministerial action.
(d) “Person” means an individual, proprietorship, firm, syndicate, committee, labor organization, joint venture, joint stock company, partnership, association, club, company, limited liability company, corporation, business trust, or any other organization or group of persons acting in concert. (§ 1, Ord. 95-24, eff. October 2, 1995)
5.11.02 Registration: Time.
Every lobbyist shall register by filing a registration statement with the City Clerk no later than ten (10) days after accepting employment or contracting to act as a lobbyist in the City. (§ 1, Ord. 95-24, eff. October 2, 1995)
5.11.03 Registration fee.
Each lobbyist required to file a registration statement under this chapter shall be charged a registration fee in the amount specified in the Master Fee Schedule designated in the Master Fee Resolution, as amended by the Council from time to time. (§ 1, Ord. 95-24, eff. October 2, 1995)
5.11.04 Registration requirements.
(a) The registration statement of a lobbyist shall contain the following:
(1) The lobbyist’s name, business address, and business telephone number;
(2) The lobbying firm, if any, of which the lobbyist is an employee, partner, officer or owner;
(3) If the flier is a business or organization qualifying under Section 5.11.01(b), 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) If the filer is an individual qualifying under Section 5.11.01(b), the name and address of the filer’s employer, if any, or his or her principal place of business if the filer is self-employed and a description of the business activity in which the filer or his or her employer is engaged;
(5) The name and address of each current client for whom lobbying is being or is to be performed;
(6) The existing or proposed municipal legislation the lobbyist is employed to support or oppose, and the client on whose behalf the lobbyist is employed for each lobbying effort;
(7) The name of all individuals communicating with any City official on behalf of the lobbyist;
(8) A statement that the lobbyist has reviewed and understands the requirements of this chapter.
(b) The lobbyist must promptly supply other information as may be requested by the City Clerk or his/her designee. (§ 1, Ord. 95-24, eff. October 2, 1995)
5.11.05 Renewal of registration.
Each registered lobbyist that will be conducting activities which require registration shall renew its registration annually by filing a registration statement with the City Clerk on or before April 1 of each year. Such lobbyist shall be charged a renewal of registration fee in the amount specified in the Master Fee Schedule designated in the Master Fee Resolution, as amended by the Council from time to time, except that lobbyists who file their initial registration within thirty (30) days of April 1 shall not be required to renew their registration. (§ 1, Ord. 95-24, eff. October 2, 1995)
5.11.06 Registration statement: Amendment: Termination.
If any changes occur in any of the information contained in a registration statement, an appropriate amendment should be filed with the City Clerk by the tenth day of the month following the month in which the change occurred. However, if the change includes the addition of the name of a client, the registration statement of the lobbyist shall be amended and filed to show that change prior to the lobbyist engaging in lobbying services as set forth in this chapter. Lobbyists which cease all activity which required registration shall file a notice of termination within twenty (20) days after such cessation. (§ 1, Ord. 95-24, eff. October 2, 1995)
5.11.07 Exemptions.
The provisions of this chapter are not applicable to:
(a) Any public official acting in his or her official capacity, and any government employee acting within the scope of his or her employment;
(b) Any newspaper or other periodical of general circulation, book publisher, radio 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 advertisement, which directly or indirectly urge action upon municipal legislation;
(c) A person when representing a bona fide church or religious society solely for the purpose of protecting the public’s right to practice the doctrines of such church;
(d) An attorney acting on behalf of others in the performance of a duty of service, which duty or service lawfully can be performed for such other only by an attorney licensed to practice law in the State;
(e) A person when representing a duly organized not-for-profit charitable, religious, civic, patriotic or community service organization. (§ 1, Ord. 95-24, eff. October 2, 1995)
5.11.08 Duties of the City Clerk.
(a) The information provided in registration statements filed pursuant to this chapter shall be compiled by the City Clerk and shall be forwarded to the City Council and City Manager within ten (10) days of receipt of the statements.
(b) In May of each year, the City Clerk shall file an annual report with the City Council, compiling the information filed by lobbyists who reregister before April 1 of each year.
(c) All reports and statements filed with the City Clerk under this chapter shall be preserved by the City Clerk for a period of five (5) years from the date of filing. Such reports and statements shall constitute part of the public records of the Clerk’s office and shall be open to public inspection. (§ 1, Ord. 95-24, eff. October 2, 1995)
5.11.09 Enforcement.
The City Attorney may institute such legal action at such time as he or she deems necessary to prosecute, enjoin, or to redress a violation of any of the provisions of this chapter. (§ 1, Ord. 95-24, eff. October 2, 1995)
5.11.10 Applicability of other laws.
Nothing in this chapter shall exempt any person from, or excuse such person’s non-compliance with applicable provisions of any other laws of the State or any other jurisdiction. (§ 1, Ord. 95-24, eff. October 2, 1995)
5.11.11 Severability.
If any provision of this chapter, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this chapter, 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, and to this extent the provisions of this chapter are severable. (§ 1, Ord. 95-24, eff. October 2, 1995)