The Council of the City of Santa Rosa declares and finds as
follows:
(A)
City government functions to serve the needs of all citizens.
(B)
The citizens of the City have a right to know the identity of interests
which attempt to influence decisions of City government, as well as
the means employed by those interests.
(C)
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.
(D)
Complete public disclosure of the full range of activities by and
financing of lobbyists and those who employ their services is essential
to the maintenance of citizen confidence in the integrity of City
government.
(E)
It is in the public interest to ensure that lobbyists do not misrepresent
facts, their positions or attempt to deceive a City official through
false communications; do not place a City official under personal
obligation to themselves or their clients; and do not represent that
they can control the actions of any City official.
(F)
It is in the public interest to adopt this chapter to ensure adequate
and effective disclosure of information about efforts to lobby City
government.
(Ord. 3954 § 1, 2010)
Whenever used in this chapter, the following words and phrases
shall be construed as defined in this section. The following words
and phrases shall have the meanings set forth below, unless the context
requires otherwise. Other terms used in this division shall have the
meanings set forth in the California Political Reform Act of 1974,
as amended, and in the regulations of the California Fair Political
Practices Commission, as amended, if defined therein.
means the Mayor, Vice Mayor, members of the City Council,
the City Manager, the Deputy City Manager, Assistant City Managers,
Department Directors, Deputy Department Directors, the Police Chief,
Police Captains, the Fire Chief, Fire Captains, the City Attorney,
the City Clerk, the Zoning Administrator and members of the Planning
Commission, the Board of Public Utilities, the Redevelopment Agency
Board, the Housing Authority Board, and any other commission or board
that is advisory in nature.
means any person on whose behalf lobbying is conducted. In
the case of a coalition or association that employs or retains persons
to conduct lobbying activities, the client is the coalition or association
and not its individual members.
means money or any other thing of value that is received,
or is to be received, in return for, or in connection with, lobbying
services rendered, or to be rendered, including reimbursement of expenses
incurred in lobbying. Compensation includes the financial gain that
a person may realize as a result of the determination of a municipal
question, including gains in the form of a contingent fee. If a lobbyist
engages in both lobbying activities and other activities on behalf
of a person, compensation for lobbying includes all amounts received
from that person, if for the purpose of evading the obligations imposed
by this division, the lobbyist has structured the receipt of compensation
in a way that unreasonably minimizes the value of the lobbying activities.
Compensation which has not yet been received is considered to be received
on the date that it is earned, if that date is ascertainable; otherwise,
it is received on the date on which the contract or agreement for
compensation is made, or on the date lobbying commences, whichever
is first. Compensation does not include any amounts previously reported.
means all oral and written (including electronic) communications
directed to a City official, including, but not limited to, telephone
calls and messages, voicemail and answer machine messages, e-mail
messages, mail, personally delivered material, meetings, and conversations.
means a person who engages in lobbying, whether directly
or through the acts of another for compensation. If an agent engages
in lobbying for a principal, both the agent and the principal are
lobbyists.
except as provided below, means any oral or written communication
(including an electronic communication) to a City official, made directly
or indirectly by any person in an effort to influence or persuade
an official to favor or oppose, recommend or not recommend, vote for
or against, or take or refrain from taking action on any municipal
question. The term "lobby or lobbying" does not include a communication:
Merely requesting information or inquiring about the facts or
status of any municipal question, matter, or procedure, and not attempting
to influence a City official;
Made by a public official or employee (including, but not limited
to, an official or employee of the City of Santa Rosa) acting in his
or her official capacity;
Made in the course of, or in connection with the gathering,
preparation or dissemination of news, information or commentary to
the public, or in connection with a municipal question's possible
effect upon or relevance to the media's right or ability to engage
in such conduct;
Made in a speech, article, publication, or other material that
is distributed and made available to the public, or through radio,
television, cable television, or any other medium of mass communication;
Made in writing as a petition for official action and required
to be a public record pursuant to established City procedures;
Made in writing to provide information in response to an oral
or written request by a City official for specific information, the
content of which is compelled by law;
Made in response to a public notice soliciting communications
from the public and directed to the official specifically designated
in the notice to receive such communications;
Made on behalf of an individual with regard to that individual's
employment or benefits;
Made by a fact witness or expert witness at an official proceeding;
or
Made by a person solely on behalf of that individual or his
or her relative.
means:
means a public policy issue of a discretionary nature pending
before the City Council or another City body identified in the definition
of City official, including, but not limited to, proposed action,
or proposals for action, in the form of ordinances, resolutions, motions,
recommendations, reports, regulations, policies, nominations, appointments,
sanctions, and bids, including the adoption of specifications, awards,
grants, or contracts. The term "municipal question" does not include
the day-to-day application, administration, or execution of City programs
and policies such as permitting, zoning and planning matters, but
does include the amendment, modification or revision to the City's
General Plan or Zoning Ordinance.
means an individual, business entity, trust, corporation,
association, firm, partnership, committee, club, or any other organization
or group of persons acting in concert.
means a person required to register under Section 10-35.030.
means father, step-father, mother, step-mother, grandmother,
grandfather, grandchild, brother, step-brother, sister, step-sister,
spouse, aunt, uncle, cousin, child or step-child, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, or sister-in-law.
means any changes, additions or deletions to information required under Section 10-35.030.
(Ord. 3954 § 1, 2010)
(A)
Except as provided in Section 10-35.040, any lobbyist shall register with the City Clerk by filing a written statement containing the following information:
(1)
The lobbyist's full name, business address and telephone number;
(2)
The name, business address and telephone number of any individual
or entity by whom the lobbyist is employed, retained or engaged for
compensation to perform lobbying services in the City;
(3)
The legislative or administrative action for the City as to which
the lobbyist has been engaged.
(B)
Such registration shall be filed on an annual basis between January
1st and January 31st, each year or upon initial employment if that
occurs after the annual filing period. Should the registration be
filed upon initial employment after the annual filing period, such
registration shall be filed within 15 days of such initial employment.
(C)
Should a lobbyist have a change to its registration information,
including, but not limited to, the legislative or administrative action
for the City as to which the lobbyist has been engaged, or the addition
or loss of a client, after the annual registration period, such lobbyist
shall file an amended registration with the City Clerk within 15 days
of such change with the changed information.
(Ord. 3954 § 1, 2010)
The provisions of Section 10-35.030 shall not apply:
(A)
To a public official acting in his or her official capacity;
(B)
To any newspaper or other regularly published periodical, 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 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;
(C)
To a person invited by the City Council or any of its committees,
or by any board or commission, or any committee or a board or commission,
or by any officer or employee of the city charged by law with the
duty of conducting a hearing and making a decision as to a pending
or proposed matter, for the purpose of giving testimony in aid of
the body or person extending the invitation;
(D)
To a person who is a professional licensed by a state licensing organization,
including, but not limited to, attorneys, architects and engineers
retained by a client and whose attempts to influence governmental
action are limited to: (1) publically appearing at a public meeting,
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 public meeting, public hearing, or
other public proceeding open to the public; and (3) contacting City
or redevelopment agency employees or agents working under the direction
of the City Manager, the City Attorney or Executive Director relating
to subsections (1) and (2) herein;
(E)
A regular employee of an organization, communicating to the City
during the course of their employment on behalf of their employer,
would not be considered a lobbyist if the communication was on behalf
of the employer's own project;
(F)
To designated representatives of a recognized employee organization
whose activities are limited to communicating with City Officials
or their representatives regarding: (1) wages, hours and other terms
or conditions of employment; or (2) the administration, implementation
or interpretation of an existing employment agreement;
(G)
To a nonprofit organization unless the nonprofit organization is
lobbying for a specific project, issue or person for which the organization
has received compensation or a contribution to lobby for or against
a specific project, issue or person.
(Ord. 3954 § 1, 2010)
The City Clerk, if approved by the City Attorney, shall issue a "notice of registration required" upon the written request of the Council, the City Attorney, or any board or commission, or any officer or employee of the City charged by law with conducting a hearing and making a decision on a matter pending or proposed. Any person who in good faith and on reasonable grounds believes that he or she is not required to comply with the provisions of Section 10-35.030 by reason of his or her being exempt under Section 10-35.040 or Section 1-36.060 shall not be deemed to have violated the provisions of Section 10-35.030 if, within 15 days after notice from the City Clerk, the person either complies or furnishes satisfactory evidence to the City Clerk that the person is exempt from registration.
(Ord. 3954 § 1, 2010)
It is unlawful for any person or entity to act as a lobbyist
in the City without having registered in compliance with this chapter,
or knowingly to employ a person or entity to serve as a lobbyist when
such person is not registered pursuant to this chapter.
(Ord. 3954 § 1, 2010)
Any person desiring to register as a lobbyist shall file under penalty of perjury on forms prescribed by the City Clerk, the information required by Section 10-35.030.
(Ord. 3954 § 1, 2010)
(A)
The filings required by this chapter shall be filed under oath with
the City Clerk on forms prescribed by the City Clerk and may be filed:
(1)
In person; or
(2)
Be deemed properly filed when deposited in an established post office
within the prescribed time, duly stamped, and directed to the City
Clerk, at City Hall; but in the event it is not received, copies of
such statement shall be promptly filed upon notice from the City Clerk
of its nonreceipt; or
(3)
Electronically (on-line) by forwarding to the City Clerk a copy of
the prescribed form via electronic mail together with a facsimile
copy of the form showing execution by the lobbyist. Such electronic
filing shall be effective upon receipt by the City of the filing fee.
The original signed form must be provided within 10 days of electronic
transmission.
(B)
All reports and statements required under this chapter which are
filed with the City Clerk shall be preserved pursuant to the City's
records retention schedule, shall constitute part of the public records
of his or her office, and shall be open to public inspection.
(C)
The clerk may charge a fee to cover the actual costs of processing
such reports or amendments in an amount established by resolution.
(Ord. 3954 § 1, 2010)
No former member of the City Council, former member of the Planning
Commission, Board of Public Utilities, Design Review Board, Cultural
Heritage Board, Redevelopment Agency or Housing Authority, or former
City employee may serve as a lobbyist with respect to matters before
the City within one year of leaving office or employment with the
City.
(Ord. 3954 § 1, 2010)
Persons or entities who knowingly violate this chapter may be subject to penalties as set forth in Section 1-28.010.
(Ord. 3954 § 1, 2010)
