The assembly finds and declares that the operation of responsible representative municipal government requires that the fullest opportunity be afforded to the people to petition their government and to express freely to their local, elected and appointed representatives and officials, their opinions on pending legislation or government actions; and that the people are entitled to know the identity and activities of those persons who pay, are paid or reimbursed for expenses, or who make expenditures or other payments in an effort to influence legislative or other government action. The assembly further finds and declares that in the operation of responsible representative government, honesty and freedom from corruption are paramount.
(AO No. 2000-68(S-1), § 1, 8-15-2000; AO No. 2007-72(S), § 1, 6-12-2007)
A. 
In this chapter, unless the context clearly indicates otherwise,
"Administrative action"
means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection, or postponement by any municipal agency of any rule, regulation, order, decision, determination, or any other quasi-legislative or quasi-judicial action or proceeding whether or not governed by this Code.
"Agency"
means the assembly, the municipality's school board and a department, division, commission, board, office, bureau, institution, authority, organization, committee, or council of the municipal government.
"Conviction"
means a finding or verdict of criminal guilt as an adult in a court of law and occurs upon entry of a plea of guilt or no contest or upon entry of a finding or verdict of guilt.
"Employers of lobbyists" or "employer"
means a person who employs, retains, or contracts for the employment, retention or services of a lobbyist whether independently or jointly with other persons for the services of lobbying.
"Engaging a lobbyist"
means employing, retaining, or contracting a lobbyist whether independently or jointly with other persons for the services of lobbying.
"Felony"
means a crime punishable by death or imprisonment in excess of one year under the law under which the person was convicted.
"Gift"
means any payment to the extent that consideration of equal or greater value is not received; and includes but is not limited to:
1. 
A loan, loan guarantee, forgiveness of a loan, payment of a loan by a third party, or an enforceable promise to make a payment except when full and adequate consideration is received;
2. 
The purchase of tickets for travel or for entertainment events; and
3. 
The granting of discounts or rebates for goods or services not extended to the public generally; but does not include:
a. 
Informational or promotional materials, including but not limited to books, reports, pamphlets, calendars, or periodicals; however, payments for travel or reimbursement for expenses may not be considered "informational material";
b. 
Food and beverages consumed in places of public accommodation.
"Immediate family"
means anyone related by blood, marriage or adoption or who lives in that person's household.
"Individual"
means a natural person.
"Influencing legislative or administrative action"
means promoting, advocating, supporting, modifying, opposing, or delaying or seeking to do the same with respect to any legislative or administrative action by means including but not limited to the provision or use of information, statistics, studies, analyses in written or oral form or format.
"Legislative action"
means the preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, defeat, or rejection of any bill, resolution, amendment, motion, report, nomination, appointment, or other matter by the assembly, or by a standing, interim, or special committee of the assembly, or by a member or employee of the assembly acting in an official capacity; it includes, but is not limited to, the action of the mayor in approving or vetoing a bill or the action of the assembly in considering, overriding, or sustaining that veto and the action of the assembly in considering, confirming, or rejecting an executive appointment of the mayor; it also includes the same actions with respect to school board policies, bylaws and other matters on which the school board has authority to consider, act or advise.
"Lobbyist"
means:
1. 
A person who is employed and receives payments, or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, to communicate directly or through the person's agents with any public official for the purpose of influencing legislative or administrative action if a substantial or regular portion of the activities for which the person receives consideration is for the purpose of influencing legislative or administrative action; or
2. 
A person who represents himself or herself as engaging in the influencing of legislative or administrative action as a business, occupation, or profession.
"Payment"
means the disbursement, distribution, transfer, loan, advance, deposit, gift, or other rendering or tendering of money, property, goods, or services or anything else of value.
"Payment to influence legislative or administrative action"
means:
1. 
A direct or indirect payment to a lobbyist whether for salary, fee, compensation for expenses, or any other purpose, by a person employing, retaining, or contracting for the services of the lobbyist separately or jointly with other persons; or
2. 
A payment in support of or assistance to a lobbyist or the lobbyist's activities, including but not limited to the direct payment of expenses incurred at the request or suggestion of the lobbyists; or
3. 
A payment that directly benefits a public official or a member of the immediate family of that official; or
4. 
A payment, including compensation, payment, or reimbursement for the services, time, or expenses of an employee for or in connection with direct communication with a public official; or
5. 
A payment for or in connection with soliciting or urging other persons to enter into direct communication with a public official; or
6. 
A payment or reimbursement for disbursements or expenditures made or incurred during the period in support of or in connection with influencing legislative or administrative action by the lobbyist or on behalf of the lobbyist by the lobbyist's employer for
a. 
Food and beverages; or
b. 
Living accommodations; or
c. 
Travel.
"Person,"
includes associations, clubs, societies, firms, partnerships, public and private corporations, bodies politic, individuals or groups of individuals and labor unions.
"Public official" or "public officer"
means the following individuals in either the municipal general government or the municipal school district:
1. 
A quasi-judicial officer;
2. 
Assembly and school board members;
3. 
The mayor, municipal manager, executive manager, chief fiscal officer, superintendent of schools, assistant superintendents of schools, municipal attorney and ombudsman;
4. 
A department head including the municipal clerk, director of the assembly budget and legislative services office, the executive director of the Anchorage Equal Rights Commission, and the Executive Director of the Anchorage Community Development Authority;
5. 
A deputy department head including the deputy to those offices listed in subsection 4 above.
6. 
A division director;
7. 
A special assistant to the department head;
8. 
A person serving as a legislative liaison for a department;
9. 
An assistant to the mayor, municipal manager, executive manager, chief fiscal officer, municipal attorney, ombudsman, assembly or school board member, superintendent of schools;
10. 
A member of a board or commission elected or appointed by the mayor and confirmed by the assembly; and
11. 
The municipal treasurer, comptroller and investment officer.
"Source of income"
means the entity for which service is performed or which is otherwise the origin of payment.
"Spousal equivalent"
means a person who is cohabiting with another person in a relationship that is like a marriage but that is not a legal marriage.
(AO No. 2000-68(S-1), § 1, 8-15-2000; AO No. 2002-130, § 1, 9-10-2002; AO No. 2007-72(S), § 2, 6-12-2007; AO No. 2008-124(S), § 3, 5-26-2009)
A. 
This chapter does not apply to:
1. 
An individual:
a. 
Who lobbies without payment of compensation or other consideration and makes no disbursement or expenditure for or on behalf of a public official to influence legislative or administrative action other than to pay the individual's reasonable personal travel and living expenses; and
b. 
Who limits lobbying activities to appearances before public sessions of the assembly or school board or a committee or subcommittee of such bodies, or to public hearings or other public proceedings of municipal agencies.
2. 
An elected or appointed federal, state, borough or municipal public officer or to an employee of a state, borough, municipality, or the federal government, when acting in an official capacity within the scope of public employment.
3. 
Any newspaper or other periodical of general circulation, book publisher, radio or television station (including an individual who owns, publishes, or is employed by that newspaper or periodical, radio or television station) that publishes news items, editorials, or other comments, or paid advertisements, that directly or indirectly urge legislative or administrative action if the newspaper, periodical, book publisher, radio or television station, or individual engages in no further activities in connection with urging or advocating legislative or administrative action other than to appear before public sessions of the assembly or school board or a committee or subcommittee of such bodies, or public hearings or other public proceedings of municipal agencies and identifying themselves as covered by this subsection.
4. 
A person who appears before an elected or appointed body, in response to an invitation, not including a notice of public hearing, by the body.
B. 
Nothing in this chapter may be construed as prohibiting or affecting the rendering of professional services in drafting legislative measures or in advising clients and in rendering opinions as to the construction or effect of proposed or pending legislative or administrative action when these professional services are not otherwise connected with influencing or attempting to influence legislative or administrative action.
C. 
Nothing in this chapter prevents members of an elected or appointed body from discussing with constituents the advisability or passing or adopting legislative type ordinances, resolutions, motions or other actions, then pending before, or proposed to be presented to, the elected or appointed body, provided such are not quasi-judicial actions of the body subject to the rules against ex parte contacts.
D. 
An individual exempt from this chapter may nonetheless register and report under this chapter.
(AO No. 2000-68(S-1), § 1, 8-15-2000; AO No. 2006-140(S-1), § 4, 1-1-2007)
A. 
This chapter shall be administered by the municipal clerk.
B. 
The municipal clerk shall develop a two-part lobbyist registration form for the notarized registration statement required in section 2.35.050A of this chapter.
C. 
Upon payment of required fees, the municipal clerk shall arrange for receipt of criminal justice information of conviction and a national criminal history record check for conviction from the department of public safety, available pursuant to AS 12.62.160.
(AO No. 2000-68(S-1), § 1, 8-15-2000; AO No. 2007-72(S), § 3, 6-12-2007)
A. 
Before engaging in lobbying, a lobbyist shall file a notarized registration statement annually with the municipal clerk, including the following information:
1. 
The lobbyist's full name and complete permanent residence and business address and telephone number, as well as any temporary residential and business address and telephone number;
2. 
The full name and complete address of each person by whom the lobbyist is retained or employed, including signature authorization that the lobbyist may engage in lobbying activities on behalf of the person;
3. 
Whether the person from whom the lobbyist receives compensation employs the person solely as a lobbyist or whether the person is a regular employee performing other services for the employer that include but are not limited to the influencing of legislative or administrative action;
4. 
If the lobbyist is compensated with public funds, the nature or form of the lobbyist's compensation for engaging in lobbying, including salary, fees, or reimbursement for expenses received in consideration for, or directly in support of or in connection with, the influencing of legislative or administrative action;
5. 
A general description of the subjects or matters on which the registrant expects to lobby or to engage in the influencing of legislative or administrative action;
6. 
The identification of an assembly or school board member, or employee thereof, or other public official to whom the lobbyist is married or who is the spousal equivalent of the lobbyist; and
7. 
The lobbyist shall disclose whether the lobbyist has any criminal convictions, where and when so convicted, the nature of each offense and the penalty, if any.
B. 
Upon completion of the two-part lobbyist registration form:
1. 
The lobbyist shall forward the "lobbyist copy" of the two-part form to the municipal clerk; and
2. 
The person who retains or employs the lobbyist shall forward the "client or employer copy" of the two-part form to the municipal clerk.
C. 
A separate notarized registration statement shall be filed by the lobbyist with the municipal clerk for each person who retains or employs the lobbyist.
D. 
Each application for registration or renewal of registration as a lobbyist under this section shall be accompanied by a fee of $50.00, in addition to the fees required by the department of public safety under AS 12.62.160 for criminal justice information of conviction and a national criminal history record check for conviction. Such application shall not be accepted without payment of the fee.
1. 
This subsection D.1 does not apply to a volunteer lobbyist.
(AO No. 2000-68(S-1), § 1, 8-15-2000; AO No. 2007-72(S), § 4, 6-12-2007)
A. 
The municipal clerk shall maintain a directory of registered lobbyists in loose leaf, three ring form containing the information prescribed in section 2.35.050 for each lobbyist.
1. 
The municipal clerk shall supplement the directory with each new or amended registration statement filed.
2. 
The directory, as supplemented from time to time, shall be provided:
a. 
Each assembly and school board member;
b. 
The mayor and municipal attorney;
c. 
The chair of all boards and commissions which shall make the directory available to all members of the chair's board or commission; and
d. 
All heads of departments and agencies of the municipality.
3. 
Copies of the directory, as supplemented from time to time, shall be made available to the public;
a. 
At the regular meeting chambers of the assembly and school board; and
b. 
The offices of the superintendent of schools, municipal clerk, ombudsman, and assembly.
4. 
The directory shall also be available on the municipality's internet website.
(AO No. 2000-68(S-1), § 1, 8-15-2000)
A. 
Each lobbyist required to be registered under this chapter shall file with the municipal clerk:
1. 
An amended notarized registration statement within ten days after any change in the information contained in the annual registration statement; and
2. 
A notice of termination within ten days after the lobbyist has ceased the lobbying activity that required registration under this chapter.
(AO No. 2000-68(S-1), § 1, 8-15-2000)
Statements and reports filed under this chapter are public records and shall be made available to the public as soon as practicable after each reporting period. Copies of the statements and reports may be requested during normal business hours at the expense of the person requesting copies.
(AO No. 2000-68(S-1), § 1, 8-15-2000)
The municipal clerk shall preserve the statements and reports required to be filed under this chapter for a period of six years from the date of filing.
(AO No. 2000-68(S-1), § 1, 8-15-2000)
A. 
The municipal clerk shall examine each statement or report filed under this chapter and shall notify the person submitting the report if:
1. 
It appears that the person has failed to file a statement or report as required by law or that the statement or report filed does not conform to the requirements of this chapter; or
2. 
A written complaint is filed with the municipal clerk alleging that a statement or report filed with the municipal clerk does not conform to the requirements of this chapter, or to the truth, or that a person subject to the provisions of this chapter has failed to file a statement or report in the manner prescribed by this chapter.
B. 
The municipal clerk shall report any suspected violations of this chapter to the municipal attorney including without limitation, registration by a person with a felony conviction as defined in this chapter.
C. 
The municipal clerk shall prepare an annual report of violations of this chapter.
(AO No. 2000-68(S-1), § 1, 8-15-2000; AO No. 2007-72(S), § 5, 6-12-2007)
A. 
A lobbyist or immediate family member may not:
1. 
Engage in any activity as a lobbyist before registering under this chapter;
2. 
Do anything with the intent of placing a public official under personal obligation to the lobbyist or to the lobbyist's employer;
3. 
Intentionally deceive or attempt to deceive any public official with regard to any material fact pertinent to pending or proposed legislative or administrative action;
4. 
Cause or influence the introduction of a legislative measure solely for the purpose of thereafter being employed to secure its passage or its defeat;
5. 
Cause a communication to be sent to a public official in the name of any fictitious person or in the name of any real person, except with the consent of that person;
6. 
Accept or agree to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action;
7. 
Serve as a member of a municipal board or commission, if the lobbyist's employer may receive direct economic benefit from a decision of that board or commission;
8. 
Fundraise or serve as a campaign manager or director, or serve as a campaign treasurer or deputy campaign treasurer on a finance or fund-raising committee for municipal elections; this paragraph does not apply to a volunteer lobbyist as defined in regulations of the Alaska Public Office Commission.
9. 
Offer, solicit, initiate, facilitate, or provide to or on behalf of a person covered by the Code of Ethics, Chapter 1.15, a gift under the Code of Ethics, other than food or beverage for immediate consumption.
10. 
Make or offer a campaign contribution.
B. 
A former mayor or member of the assembly of school board may not engage in activity as a lobbyist before the assembly or school board for a period of one year after ceasing to be a member or mayor. This subsection does not prohibit a former member or mayor from acting as a volunteer lobbyist.
C. 
No municipal official, employee, agency, agent, department, enterprise activity, utility, board, commission or other municipal body, may employ or otherwise engage or expend or appropriate public funds for employing or otherwise engaging or supporting a lobbyist to lobby any other municipal official, employee, agency, agent, department, enterprise activity, utility, board, commission or other municipal body.
D. 
Employees, excluding employees providing service to a bargaining representative, and the elected or appointed public officials of any municipal, borough, or state government including Alaska, and members of their household are prohibited from registration or action as a lobbyist under this chapter during the term of public service, except for official action within the scope of the public employment.
E. 
Employees and the elected or appointed public officials of the federal government and members of their household are prohibited from registration or action as a lobbyist under this chapter during the term of public service, except for official action within the scope of public employment.
F. 
Persons with a felony conviction from any jurisdiction within the preceding ten years are prohibited from registration or action as a lobbyist under this chapter.
(AO No. 2000-68(S-1), § 1, 8-15-2000; AO No. 2006-140(S-1), § 4, 1-1-2007; AO No. 2007-72(S), § 6, 6-12-2007)
The criminal penalties set forth in AS 24.45.151 are hereby incorporated by reference as if fully set forth herein and are applicable to violations of this chapter. Violations may be prosecuted by the state or municipality.
(AO No. 2000-68(S-1), § 1, 8-15-2000; AO No. 2014-42, § 33, 6-21-2014)
This chapter shall be interpreted, construed and applied consistent with 2 Alaska Administrative Code chapter 50 and the interpretations by the Alaska Public Offices Commission, Alaska Attorney General and Alaska Supreme Court interpretations of Alaska Statutes chapter 24.45 and 2 Alaska Administrative Code chapter 50, except where the substantive provisions of this chapter are materially different.
(AO No. 2000-68(S-1), § 1, 8-15-2000)