.010 Initial Registration. Within fifteen (15) days of Lobbying the City of Anaheim or any regional agency in which Anaheim has a voting role, a Lobbyist shall register with the City Clerk, by filing a lobbying registration form, as provided by the City Clerk and made available on the City Clerk's webpage, which shall include, at a minimum, a written statement containing the following information, certified as true under penalty of perjury: 1) the Lobbyist's full name, business name, address, and telephone number; 2) the name, business address and telephone number of any individual or entity by whom a Lobbyist is employed, retained or engaged for compensation to perform Lobbying services in the City; 3) the legislative or administrative action of the City with respect to which the Lobbyist has been employed, retained or engaged, and 4) an acknowledgement by the Lobbyist to that he or she will comply with the requirements of this Chapter, retain and provide business records for the City Auditor's review, and cooperate with the City with regard to any audit performed under this Chapter. This registration shall be maintained by the City Clerk for the period of time set forth in the City's record retention schedule and shall not be exempt from disclosure under the California Public Records Act. The failure to timely register as a Lobbyist is a violation of this Chapter and a penalty fee may be assessed by the City Clerk, as set by resolution.
.020 Quarterly Report. Each Lobbyist shall file a report, certified as true under penalty of perjury, 1) disclosing any Lobbying of the City of Anaheim or any regional agency in which Anaheim has a voting role, and 2) any campaign contributions made during the reporting period to the Mayor and/or any member of the City Council, with the City Clerk on a quarterly basis on a form provided by the City Clerk and made available on the City Clerk's webpage. The report shall be filed and received by the City Clerk no later than 30 calendar days after the end of the quarter and shall be posted on the City Clerk's webpage. The report shall specifically identify the local legislative or administrative action(s), if any, the Lobbyist supported or opposed during the reporting period. Each Lobbyist shall retain on file all business records relevant to any lobbying reported in the Quarterly Report for a period of not less than five years from the date the Quarterly Report is filed, and shall submit copies, or make original documents available, to the City Auditor upon request. The failure to timely file a Quarterly Report with the required disclosures, or to retain, or provide access to, the Lobbyist's business records, are violations of this Chapter and a penalty fee may be assessed by the City Clerk, as set by resolution.
.030 Annual Registration. A lobbyist shall renew their registration by January 15 of each year unless they have filed a termination report with the City Clerk by such date.
.040 Registration and Annual Fees. The City Council may by resolution establish registration and annual fees as set forth therein to defray the reasonable cost of regulating Lobbying activities in the City. Registration shall not be complete until the fee is paid.
.050 Appearance of Unregistered Lobbyist. If a Lobbyist who has not registered appears at a public Meeting of any City Legislative Body in order to make a presentation on behalf of a client, the Lobbyist will be permitted to make the presentation upon stating the information required by subsection .010 on the record. The Lobbyist shall be required to file the required registration form, and pay the registration fee and any penalty fee as set by resolution, to the City Clerk within seven (7) calendar days of such presentation.
.060 Annual Report. Within ninety (90) days after the end of a calendar year, the City Clerk shall prepare and submit to the City Council a report outlining the activity of registered Lobbyists during the calendar year as reflected in the documents provided pursuant to subsections .010 and .020, as well as a list of any fines assessed or notices issued pursuant to this section.
.070 Notice of Registration. The City Clerk shall issue a "notice of registration required" upon receipt of credible evidence that a person is acting as a Lobbyist without having registered as required by subsection .010. Any person who in good faith and on reasonable grounds believes that he or she is not required to register under subsection .010 shall, within thirty (30) days after notice from the City Clerk, furnish evidence to the City Clerk that he or she is exempt from registration. The City Clerk shall review that evidence, as well as any other evidence he or she deems relevant, and make a determination whether the person is required to register as a Lobbyist.
.080 Appeal. A decision of the City Clerk requiring a person to register as a Lobbyist, or assessing a penalty fee under subsection .010 or .020, may be appealed to the City Hearing Officer, whose decision shall be final without any further action of the City being required.
.090 Criminal Penalties. The penalty fees provided for in this section apply to inadvertent violations of its provision. Any person or entity that knowingly or intentionally i) acts as a Lobbyist in the City without having registered in compliance with subsection .010, ii) fails to file the quarterly report required by subsection .020, iii) files a quarterly report that contains inaccurate information or omits information required to be disclosed by subsection .020, or iv) conceals or diverts compensation for Lobbying activity in order to avoid the requirements of this section, shall be guilty of a misdemeanor and subject to a maximum of six (6) months in jail and a fine of $1,000.00. In addition, no person convicted of a violation of this section may act as a Lobbyist or otherwise attempt to influence municipal legislation for compensation for one year after that conviction, and no person convicted of a second violation of this section may act as a Lobbyist or otherwise attempt to influence municipal legislation for compensation for an additional three years after the second conviction.
.100 Applicability. The provisions of this section shall not apply:
1. To a public official acting in his or her official capacity;
2. 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, 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;
3. To a person invited by the City Council or any of its committees, or by any board or commission, or any committee of 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 to aid the body or person extending the invitation;
4. To a person applying for a grading permit or for a permit relating to the construction, alteration, demolition or moving of a building, or to a person filing a parcel map or subdivision tract map; provided, however, that if a person meets the definition of a Lobbyist and takes an appeal, or represents a person taking an appeal, pursuant to any procedure or authority provided by law from an administrative determination made with respect to such an application or map, they shall be required to register as provided in this section upon taking the appeal or any action relating to the appeal;
5. To a person whose attempts to influence legislative or administrative action are limited solely to actions taken or services provided to a client as a professional licensed by a state licensing organization, including, but not limited to, attorneys, architects and engineers; provided however, that the exemption for attorneys shall only apply if the attorney is engaged in the practice of law with respect to the subject of the legislative or administrative action the attorney seeks to influence; or
6. To persons who submit competitive bids or respond to requests for proposals, provided the provision of such communications are limited to direct conversation or correspondence with the official or department specifically designated to receive such information. This exception shall not apply to direct communications with members of the City Council for the purpose of influencing a decision to award or deny a contract.
7. To labor negotiators who are engaged in contract negotiations with the City regarding a collective bargaining agreement for City employees.
.110 Audit. The City Auditor shall annually conduct an audit of a representative random sample of lobby registrants, but not less than 20 percent of registrants, to ensure that registrants' filings are in compliance with this Chapter. The City Auditor shall notify the City Clerk and the City Attorney of any apparent violations this Chapter, provide all relevant records from the audit upon request, and cooperate with any enforcement action. The final audit report detailing the findings will be addressed to the City Manager, City Attorney, and City Clerk.
The City Auditor shall also seek from any elective or appointed official of the City, the staff, aides, or advisers of the Mayor or City Council, any member of the City Executive Team, or Legislative Body, board or commission of the City, no less frequently than semi-annually, information about past meetings or communications with anyone who reasonably may be considered to have lobbied such individuals based on the definitions in this Chapter. The City Auditor shall notify the City Clerk and the City Attorney of any individuals who appear to have engaged in lobbying activity but who have not registered as lobbyists or properly reported lobbying activity. (Ord. 6417 § 1 (part); August 15, 2017; Ord. 6535 § 2; September 27, 2022; Ord. 6563 § 2; December 5, 2023.)