For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. Means City of Albuquerque.
CITY OFFICIAL. The Mayor or Mayor-Elect, all members of the Council or Councilors-elect, all members of boards, commissions and committees; all directors and the equivalent thereof for each department, division or section; assistant, associate or deputy department, division or section directors and the equivalent thereof; the Director of Council Services; the Chief Administrative Officer; Deputy or Assistant Chief Administrative Officers and the equivalent thereof and all other city employees appointed directly by the Council, Mayor or Chief Administrative Officer.
CLIENT. The real party in interest for whose benefit the services of a lobbyist are actually performed. An individual member of a business, association, or organization shall not be deemed to be a "client" solely by reason of the fact that such member is individually represented by an employee or agent of the same as a regular part of such employee's or agent's duties or responsibilities as long as such member does not pay an amount of money or other consideration specifically for the purpose of representation in a lobbying capacity.
COMMITTEE. A committee created by the Mayor or City Council, including all standing committees of the City Council, and all City Boards, Committees and Commissions created by City Charter, ordinance, or resolution or governed under the provisions of the Public Boards, Commissions and Committee Ordinance, ROA 1994, §§ 2-6-1-1 et seq.
COMPENSATION. Money, per diem, salary, fee or portion thereof or the equivalent in services rendered or in-kind contributions received or to be received directly or indirectly in return for lobbying services performed or to be performed.
CONTRIBUTION. A gift, subscription, loan, advance or deposit of any money or other thing of value, including the fair market value of an in-kind contribution, that is made or received for the purpose of influencing City Officials regarding an official action.
EXPENDITURE. A direct or indirect payment, transfer or distribution or obligation or promise to pay, transfer or distribute any money or other thing of value but does not include a lobbyist's own personal living expenses and the expenses incidental to establishing and maintaining an office in connection with lobbying activities or compensation paid to a lobbyist by a lobbyist's employer.
LOBBYING. Attempting to influence:
(1) A decision related to any matter to be considered or being considered by the City Council, any Council Committee or any Council matter requiring action by the Mayor or awaiting action by the Mayor; or
(2) An official action.
LOBBYIST. Any individual who is directly or indirectly compensated for the specific purpose of lobbying; is designated by an individual, interest group, or organization or entity to represent it on a substantial or regular basis for the purpose of lobbying; or in the course of his employment is engaged in lobbying on a substantial or regular basis. "Lobbyist" does not include:
(1) An individual who appears on his own behalf in connection with an official action.
(2) Any elected or appointed officer of the state or its political subdivisions or an Indian tribe or pueblo acting in his official capacity.
(3) An employee of the state or its political subdivisions, specifically designated by an elected or appointed officer of the state or its political subdivision, who appears before the City Council, Council Committee, or a rulemaking proceeding only to explain the effect of legislation or a rule on his agency or political subdivision, provided the elected or appointed officer of the state or its political subdivision keeps for public inspection, and files with the secretary of state, such designation.
(4) Any designated member of the staff of the Mayor of the City of Albuquerque, provided the Mayor keeps for public inspection and files with the City Clerk such designation.
(5) A member of the City Council or the staff of the City Council when addressing legislation.
(6) Any witness called by a Council Committee or administrative department to appear before that committee or department in connection with legislation or an official action.
(7) An individual who provides only oral or written public testimony in connection with a City Council or Committee or in a rulemaking proceeding and whose name and the interest on behalf of which he testifies have been clearly and publicly identified.
(8) A publisher, owner or employee of the print media, radio or television, while gathering or disseminating news or editorial comment to the general public in the ordinary course of business.
(9) A representative or officer of an officially recognized Albuquerque Neighborhood Association or Homeowners Association who speaks on behalf of that Association.
LOBBYIST CAMPAIGN
or
LOBBYIST CAMPAIGNING. The direct or indirect receipt of contributions and/or expenditure of funds to influence the public and/or City Officials regarding an official action by a lobbyist or a lobbyist organization. Each official action the lobbyist or lobbyist organization supports or opposes shall be a separate lobbyist campaign.
LOBBYIST ORGANIZATION. A person who directly or indirectly receives contributions and/or makes expenditures to influence the public and/or City Officials regarding an official action.
LOBBYIST'S EMPLOYER. The person whose interests are being represented and by whom a lobbyist is directly or indirectly retained, compensated or employed.
OFFICIAL ACTION. The action or non-action of a City Official related to any legislative, policy making or rulemaking proceeding or any proposed ballot measure as defined in the Charter of the City of Albuquerque.
PERSON. An individual, partnership, association, committee, federal, state or local governmental entity or agency, however constituted, public or private corporation or any other organization or group of persons who are voluntarily acting in concert, including both for profit and non-profit entities.
PRESCRIBED FORM. A form prepared and prescribed by the City Clerk.
RULEMAKING PROCEEDING. A formal process conducted by a City agency, board or commission for the purpose of adopting a rule, regulation, standard, policy or other requirement of general applicability and does not include adjudicatory proceedings.
(Ord. 62-2001; Am. Ord. 5-2003; Am. Ord. 2019-031)