Chapter 2.38
CABLE TELEVISION – LOBBYING
Sections:
2.38.030 Registration of lobbyist.
2.38.040 Exceptions from registration requirements.
2.38.060 Campaign contributions.
2.38.080 Violations and penalties.
2.38.010 PURPOSE AND INTENT.
Decisions on cable television systems involve large sums of money and ultimate profits, and the experience of other public agencies has shown that substantial lobbying may be done by members of the cable television industry to promote their interests. It is the purpose and intent of the city council in enacting this chapter to assure the public of the impartiality and independent judgment of public officials and employees during the consideration of cable television; and to impose reasonable limits and regulations on lobbying activities regarding cable television decisions. This chapter is enacted in accordance with the terms of Section 7 of Article XI of the Constitution of the State of California and Section 81013 of the Government Code.
(Ord. 82-52 § 1 (part), 1982).
2.38.020 DEFINITIONS.
For the purpose of this chapter, the following words and phrases are defined and shall be construed as set out in this section unless it is apparent from the context that a different meaning is intended.
(a) “Lobbyist” shall mean any person who is employed or receives compensation for lobbying legislative or administrative action directly or indirectly related to cable television. Any person who engages in lobbying and within twelve months prior to the effective date of this chapter or at any time thereafter receives or is promised stock or any ownership interest in any business entity undertaking activities designed or intended to effect ownership or operation of a cable television system in the city of Santa Cruz at the time of the receipt or the promise shall be considered a lobbyist.
(b) “Lobbying” shall mean:
(1) Communicating in the presence of a city official or employee with the intent to influence any legislative or administrative action of that official or employee which action is directly or indirectly related to cable television; or
(2) Engaging in activities having the express purpose of soliciting others to communicate with a city official or employee with the intent to influence legislative or administrative action directly or indirectly related to cable television.
(c) “Lobbyist employer” shall mean any person who employs or contracts for the services of one or more lobbyists whether independently or jointly with others.
(d) “Official or employee” shall mean any person elected to, appointed to, or employed by the city or any city agency, board, commission, or committee whether or not paid in whole or in part with city funds.
(e) “Legislative or administrative action” shall mean the proposal, drafting, development, analysis, introduction, consideration, amendment, enactment or defeat of any resolution, rate, ordinance, motion, contract, agreement, franchise, license, permit, rule or regulation of the city of Santa Cruz.
(f) “Influencing” shall mean promoting, supporting, modifying, opposing, or delaying by any means including, but not limited to the provision or use of information, statistics, studies or analyses.
(g) “Person” shall mean any individual, proprietorship, corporation, firm, partnership, trust, association, joint venture, syndicate, company, committee or any other organization or group of persons acting in concert.
(h) “Compensation” shall mean salary, fee, gift, payment, benefit, subscription, loan, advance, stock, stock option, partnership interest, reimbursement, or deposit of money or anything of value; or a contract, promise, or agreement, to make compensation.
(i) “Contribution” shall specifically include any sum of money, gift, subscription, loan, advance, expenditure, deposit, pledge, contract, agreement, promise of money or anything of value, or other obligation, whether or not legally enforceable, which any person gives or provides to any family member, friend, or other person for the purpose of enabling such family member, friend, or other person to act to influence the outcome of any election, including any action directly or indirectly to aid or oppose the nomination or election of one or more candidates, or to aid or oppose the qualification for the ballot of any recall petition.
The term “contribution” shall include the purchase of tickets for events such as dinners, luncheons, rallies and similar fund-raising events; the proceeds of the sale of donated items; the granting to a candidate or committee discounts or rebates not available to the general public; and any payments for services performed by any person on behalf of a candidate or committee when such payments are not made from contributions the candidate or committee must report under the terms of this chapter and state law.
The term “contribution” shall also include any transfer, sum of money, gift, loan, advance, expenditure, deposit, pledge, contract, agreement, promise of money or anything of value, or other obligation, whether or not legally enforceable, received directly or indirectly by a committee from another committee.
The term “contribution” shall not include a gift of service or labor when volunteered by an individual performing the service or labor. The term “contribution” shall not include the cost of an event when the total cost of the event amounts to no more than two hundred dollars. The term “contribution” shall not include a bona fide loan extended by a recognized lending institution to a candidate upon his or her personal application to finance his or her own campaign; however, any pledge or additional security for such loan, provided by any other person, shall be considered a contribution by such other person, and shall be subject to the limitations of this chapter. The term “contribution” shall not include a candidate’s own money or property used on behalf of his or her candidacy. The term “contribution” shall not include an expenditure made by an individual from his or her own financial resources to express personal political views when such expenditure is made independent of any candidate or committee and is in no way subject to the control of any candidate or committee.
(j) “Gift” shall mean, except as provided in paragraph (k), 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, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the consideration received is of equal or greater value.
(k) The term “gift” shall not include:
(1) Informational material such as books, reports, pamphlets, calendars or periodicals. No payment for travel or reimbursement for any expense shall be deemed “informational material”;
(2) Gifts which are not used and which, within thirty days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes;
(3) Gifts from an individual’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of any such person; provided 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) Contributions required to be reported under this chapter;
(5) Any devise or inheritance.
(Ord. 82-52 § 1 (part), 1982).
2.38.030 REGISTRATION OF LOBBYIST.
(a) Any lobbyist shall file with the city clerk a registration statement disclosing the following:
(1) The person’s name, occupation, business address, telephone number.
(2) The name and business address of each person, if any, employing and/or compensating the registrant to lobby legislative or administrative action relating to cable television and, where the employing or compensating person is a corporation, a list of all stockholders or owners holding five percent or more of the stock or other ownership interest thereof and all subsidiary corporations or companies, and where the employing or compensating person is a partnership or joint venture, a list of all general partners, joint venturers or partners holding five percent or more of ownership interest thereof.
(3) A brief description of the legislative or administrative action said person is seeking to influence.
(b) Within thirty days after a change in any information contained in said statement, including termination of lobbyist status, an amendment to said statement shall be made to reflect said change.
(c) No registration fee shall be charged.
(Ord. 82-52 § 1 (part), 1982).
2.38.040 EXCEPTIONS FROM REGISTRATION REQUIREMENTS.
(a) The following acts do not require a person to register as a lobbyist:
1. Professional services in drafting bills or in advising and rendering opinions to clients as to the construction and effect of proposed or pending actions where these services do not otherwise constitute lobbying activities.
2. Appearances before the city council, or any city committee, board, or commission upon its specific invitation or request, but only if the person engages in no further or other activities which would constitute lobbying.
3. Appearances as part of the official duties of a duly elected or appointed official or employee of the state, a city, county, public district, or other public agency or a government entity of the United States and not in behalf of any other entity.
4. Actions of a publisher or working member of the press, radio, or television in the ordinary course of the business of disseminating news or making editorial comment to the general public who does not, however, engage in further or other lobbying that would directly and specifically benefit the economic, business, or professional interests of himself or his employer.
5. Appearance by an individual before the city council or any city committee, board, or commission at the specific invitation or request of a registered lobbyist, provided no other lobbying act is undertaken, and provided the witness identifies himself to the council or other body as testifying at the request of the lobbyist.
6. The representation of a bona fide religious organization solely for the purpose of protecting the right of its own members to practice the doctrine of the organization.
(Ord. 82-52 § 1 (part), 1982).
2.38.050 REPORTS.
Every lobbyist required to register under Section 2.38.030 shall file quarterly reports containing:
(a) The amount of each expenditure made by the person filing a statement to influence legislative or administrative action directly or indirectly related to cable television, and the specific purpose of that expenditure, along with the total amount of all such expenditures.
(b) In the case of expenditures which benefit in whole or in part any councilmember, city official or employee, local organized business group, fraternal group, local club, business entity, civic group, service organization or other local group or person, the date and amount of the expenditure, together with the full name and address of the payee, and the full name and official position, if any, of each beneficiary if the beneficiary is other than the payee or lobbyist, and the exact legislative or administrative action sought to be influenced.
(c) The monetary value of all payments including, but not limited to, salaries, fees, and reimbursement of expenses received or earned even though the payment date is not yet due, received in consideration for, or directly or indirectly in support of or in connection with, influencing legislative or administrative action relating to cable television, and the full name and address of each person from whom amounts or things of value have been received, and total monetary value received from each person.
(d) A listing of all communications or contacts relating to cable television, not made at a public hearing or meeting of the city, with individual councilmembers, or city officials or employees who have duties or responsibilities with respect to cable television, together with the names of the participants in the discussion and any written material provided.
(e) Reports required by this section shall be filed with the city clerk on or before the fifteenth day of the month following each calendar quarter and shall cover only the preceding calendar quarter except that the first such report hereunder shall be filed within thirty days of the effective date of this chapter.
(Ord. 82-52 § 1 (part), 1982).
2.38.060 CAMPAIGN CONTRIBUTIONS.
(a) No lobbyist or lobbyist employer shall make a campaign contribution to a candidate for city council or other controlled committee within the period commencing sixty days prior to an election for a seat on the city council, or at any time after the election for which no contribution is made.
(b) All lobbyists or lobbyist employers shall file a report with the city clerk listing campaign contributions made to the city council candidates or their controlled committees and the amounts and recipients not later than fifteen days prior to any election for a seat on the city council for the period ending thirty days prior to the election.
(c) The amount of campaign contributions by a lobbyist and the lobbyist’s employer shall be subject to all the limitations imposed by Section 2.38.030 of this code.
(Ord. 82-52 § 1 (part), 1982).
2.38.070 GIFTS.
It shall be unlawful for a lobbyist or lobbyist employer to directly or indirectly make gifts to a member of the city council or to any city official or employee aggregating more than ten dollars in a calendar month, or to act as an agent or intermediary in the making of any gift, or to arrange for the making of any gift by any other person. It shall also be unlawful for any person knowingly to receive any gift which is prohibited by this section.
(Ord. 82-52 § 1 (part), 1982).
2.38.080 VIOLATIONS AND PENALTIES.
Violations of any provision of this chapter shall be a misdemeanor, punishable as provided in this code.
(Ord. 82-52 § 1 (part), 1982).
2.38.090 SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional.
(Ord. 82-52 § 1 (part), 1982).