In enacting this chapter, council finds that the purpose of
Glendale's city government is to serve its residents and that Glendale's
residents have the right to know, monitor and control their government.
In order to effectuate these rights, there must be transparency and
trust. Transparency includes making information about the identity
of persons, groups and entities which seek to influence city decisions,
available to the public.
Council also finds that the residents of Glendale have the right
to petition and influence their local government to secure their interests,
a right effectuated by lobbying and protected by the First Amendment.
While lobbying can assist the decision makers by providing them with
information, undisclosed lobbying activities may undermine transparency
and erode public trust in government.
The purpose of this chapter is to achieve complete public disclosure
of the activities by and financing of lobbyists and those who employ
lobbyists' services. The intent of this chapter is to strike a balance
between these competing rights and interests: the right of the people
to monitor their government's activities with the right of individuals
and entities to petition their government.
(Ord. 5947 § 3, 2020)
means the city of Glendale.
means the Glendale city council pursuant to the City Charter.
means any elected or appointed officer of the city of Glendale,
any city employee appointed to serve as the director of a city department,
and any city employee who is required to file a Statement of Economic
Interests (Form 700). City official also includes any person appointed
to a city board or commission.
means any person, entity or organization that compensates
a lobbyist tor lobbying or on whose behalf lobbying occurs.
means any economic consideration for services rendered or
to be rendered. Compensation includes, but is not limited to, payment,
distribution, transfer, loan, deposit or promise of money, property,
service, or anything of value.
means any direct or indirect communication with a city official
by whether orally, in writing, or electronically.
means influencing or attempting to influence any city official
through either direct or indirect communication for the purpose of
influencing a legislative or administrative action.
means any individual who receives any compensation by being
employed, retained or under contract for the purposes of communicating
with any city official for the purpose of influencing a legislative
or administrative action. "Lobbyist" includes an employee(s) of a
business or organization whose principal job duties include lobbying
on behalf of his or her employer; for the purposes of this chapter,
such employee(s) shall be deemed a lobbyist and shall be subject to
the provisions herein if he or she is engaged in lobbying of city
officials. For purposes of actions to be taken pursuant to this chapter,
the term "lobbyist" includes "lobbyist firm." "Lobbyist" does not
include city contractors and those seeking city contracts through
bids or proposals.
means a business entity that receives or becomes entitled
to receive any compensation for the purpose of lobbying as defined
herein and employs one or more lobbyists.
(Ord. 5947 § 3, 2020)
A.
Lobbyists
and lobbyist firms shall register with the city clerk by completing
the appropriate city forms, no later than 10 days after qualifying
as a lobbyist or lobbyist firm and prior to conducting any lobbying
activities within the city. Any lobbyist who receives compensation
solely by virtue of his or her employment or retention through a lobbyist
firm, shall not be required to individually register as a lobbyist
if the lobbyist firm has registered and listed the individual as a
person employed or retained by the lobbyist firm to engage in lobbyist
activities. An individual qualifies as a lobbyist, and an entity or
organization qualifies as a lobbyist firm, upon the earlier of:
B.
All
lobbyist registrations shall contain the following information:
1.
The
lobbyist's full name, business address, telephone number and email
address;
2.
The
name, business address and telephone number of any individual or entity
by whom the lobbyist is retained, employed, or with whom the lobbyist
contracts to perform lobbying services in the city;
3.
The
amount received or to be received by the lobbyist from each client;
and
4.
A
description of the subject matter of the lobbyist's engagement.
C.
All
lobbyist firm registrations shall contain the following information:
1.
The
lobbyist firms name, business address, telephone number and email
address;
2.
The
names of all owners, partners or shareholders in the lobbyist firm;
3.
The
name of each person employed or retained by the lobbyist firm to engage
in lobbying activities;
4.
The
name, business address and telephone number of any individual or entity
by whom the lobbyist firm is employed or with whom the lobbyist firm
contracts to perform lobbyist services in the city;
5.
The
amount received or to be received by the lobbyist firm from each client;
and
6.
A
description of the subject matter of the lobbyist engagement.
E.
Lobbyist registrations shall be renewed annually between January
1st and January 31st of each year.
F.
If any
changes occur concerning any of the information required by this section,
the lobbyist or lobbyist firm shall file an amendment reflecting the
change within 10 days of the change.
(Ord. 5947 § 3, 2020)
A.
A lobbyist
or lobbyist firm shall file a quarterly report for every calendar
quarter during which the lobbyist or lobbyist firm retains that status
with the city no later than 15 calendar days after the end of the
qualifying quarter, whether or not lobbying activities have occurred
during such period. The quarterly reports shall be filed with the
city clerk. Electronic quarterly reporting may be permitted at the
discretion of the city clerk.
B.
Quarterly
reports must be filed by April 15, July 15, October 15 and January
15 for the prior calendar quarter.
C.
Each
quarterly report must contain the same information as required to
be disclosed in the registration report, as well as the following
information:
1.
The
total compensation promised or received from each client during the
reporting period for lobbying activity within the following ranges:
$0.00—$500.00, $501.00—$1,000.00, $1,001.00—$10,000.00,
$10,001.00—$100,000.00, over $100,000.00.
2.
Contacts
made with city officials during the preceding calendar quarter for
the purpose of lobbying legislative or administrative action. Contact
information must include a brief description of the items of legislative
or administrative action the lobbyist or lobbyist firm is seeking
to influence and the number of contact in the following ranges: 1,
2—5, 6—10, 11 or over.
3.
Activity
expenses such as payments that directly benefit any city official
or members of their immediate family or domestic partner made during
the preceding calendar quarter. Activity shall not include campaign
contributions, but shall include gifts, salaries, and other forms
of compensation.
D.
Records
pertaining to the registration and quarterly reports must be preserved
by the lobbyist or lobbyist firm for inspection and audit by the city
for a period of five years from the date of production.
(Ord. 5947 § 3, 2020)
A lobbyist or lobbyist firm shall not do any of the following:
A.
Intentionally
deceive or attempt to deceive a city official as to any material fact
pertinent to any proposed or pending city decision;
B.
Act
or refrain from acting with the purpose and intent of placing a city
official under personal obligation to the lobbyist or lobbyist firm;
C.
Cause
any communication to be sent to a city official in the name of a fictitious
person, group or entity or in the name of a real person, group or
entity without their consent;
D.
Represent
directly or indirectly that the lobbyist can control or obtain a vote
or action of any city council member or city official.
(Ord. 5947 § 3, 2020)
The following are exempt from the requirements of this chapter:
A.
A public
official acting in the public official's capacity;
B.
Persons
engaged in creating, publishing or broadcasting news items, editorials,
commentaries and similar communications;
C.
Any
communication by an attorney with regard to the attorney's representation
of a party or potential party to a pending or actual litigation, or
to a pending or actual administrative enforcement proceeding, brought
by or against the city, or city agent, officer or employee;
D.
Persons
whose attempts to influence government action are limited to appearing
at public meetings or preparing, processing or submitting writings
for consideration of use at public meetings if their communications
are part of the public records;
E.
Persons
representing themselves in attempting to obtain decisions relating
to their own properties or businesses; and
F.
Persons
whose communications relate solely to a memorandum of understanding
or collective bargaining agreement between the city and its employee
organizations.
(Ord. 5947 § 3, 2020)
For architects, engineers, or other design professionals retained
primarily for the purpose of preparing plans, drawings, schematics,
designs or other technical documents in conjunction with applications
for city discretionary entitlements, including, but not limited to,
design review, conditional use permits, variances, and parking exceptions,
the following requirements apply:
A.
Except
as it pertains to lobbying of members of the city council and boards
and commissions, when the discretionary entitlement is set for public
hearing before the council or applicable board or commission (as established
by the giving of the first notice required by law), the architect,
engineer and/or design professional shall be required to register
in compliance with this chapter prior to any further contact or lobbying
of city staff.
B.
Any
lobbying or contact by architects, engineers, or other design professionals
with members of the city council or boards or commissions outside
of public meetings shall not occur unless the architect, engineer
or design professional has complied with the lobbyist registration
requirements of this chapter.
(Ord. 5947 § 3, 2020)
Registration shall be for a period of one calendar year and
shall be renewed with the city clerk on an annual basis between January
1st and January 31st of each year.
(Ord. 5947 § 3, 2020)
The city council shall have the discretion to establish and
set annual registration, renewal and related fees and thereafter periodically
adjust said annual registration fees in an amount sufficient to cover
the costs of administering this chapter. All fees and adjustments
shall be by resolution adopted by the city council.
(Ord. 5947 § 3, 2020)
Lobbyists may file a written notice of termination with the
city clerk within 10 days after ceasing all activity requiring registration
per this chapter.
(Ord. 5947 § 3, 2020)
Any violation of any rule or regulation implementing this chapter shall be punishable in accordance with Section 2.35.120.
(Ord. 5947 § 3, 2020)
A.
Criminal
Penalty. Any person who is convicted of violating this chapter shall
be guilty of a misdemeanor and upon conviction shall be punished by
a fine of not greater than $1,000 or by imprisonment in the County
Jail for not more than 180 days, or by both fine and imprisonment.
B.
Civil
Action. The provisions of this chapter may be enforced by means of
a civil action for injunctive and other relief, including statutory
damages. In a civil action, any person determined to have violated
this chapter may be held liable for statutory damages in an amount
of up to $10,000 and for such reasonable attorneys' fees and costs
as may be awarded by the court.
C.
Administrative
Enforcement. The provisions of this chapter may also be enforced through
the issuance of administrative citations and the imposition of administrative
fines to be set by resolution of the city council.
(Ord. 5947 § 3, 2020)
