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2-14.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUSINESS. Any corporation, partnership, sole proprietorship, firm, franchise, association, organization, holding company, joint stock company, receivership, business or real estate trust or any other legal entity organized for profit or charitable purposes.
   BUSINESS TRUST. A business (or “Commonwealth”) trust generally organized pursuant to M.G.L. Chapter 182, or some other similar statue, for the purpose of conducting a business. It is similar to a corporation in that its ownership interest is generally divided into transferable shares or certificates which are held by the beneficiaries. These beneficiaries are similar to a corporation’s stockholders. See also “trust”.
   CHARITABLE TRUST. A type of business trust, generally a not-for-profit entity organized for charitable trust purposes such as supporting certain educational, scientific or religious goals. The provisions of a CHARITABLE TRUST are usually enforceable by the Attorney General and such trusts are sometimes tax-exempt pursuant to I.R.C. 501(c)(3). See also “trust”.
   DEBT. Loan or liability and all collateral associated therewith, excluding installment loans, educational loans, medical and dental bills, credit card purchases, support or alimony obligations or debt owed in the ordinary course and day-to-day operations of running a business.
   DIRECT INTEREST IN LEGISLATION, LEGISLATIVE ACTION OR A MATTER BEFORE THE CITY COUNCIL. 
      (1)   When a person has an interest in, at any time during the relevant calendar year:
         (a)   The use or value of his or her property;
         (b)   The conduct of his or her business; or
         (c)   The use or value of the property of or the conduct of the business of a person with which he or she is affiliated as an employee, Officer, Director, Trustee, general partner, proprietor or in a similar managerial capacity, that could be or was affected by legislation, legislative action or a matter before the Boston City Council, unless the effect is not substantially greater than the effect generally on persons residing in the commonwealth.
      (2)   Any business, which is regulated by the Boston City Council has such an interest.
   EQUITY. Any stock, partnership share, beneficial trust interest, proprietorship interest or similar ownership interest in a business.
   FAIR MARKET VALUE. The value that a willing buyer would pay a willing seller for property in an arm’s-length transaction. The FAIR MARKET VALUE can be determined in several acceptable ways including an actual sale or a certified valuation by an independent accountant.
   FAMILY TRUST. A trust that is generally organized by a family member on behalf of some other family member to protect assets from being used by the beneficiaries (except as permitted by the trust’s provisions). A FAMILY TRUST may be created by a written document, but need not be. See also Trust. Depending on the nature of the trust, the beneficiary may have either a “present interest” (a right to trust assets now) or a “future interest” (for example, an interest that will not occur until someone’s death). A “future interest” may be further classified as either “vested” or “contingent”, meaning that the interest may or may not be certain to occur at some future point. Generally, if you have the right to receive any of the assets of the trust right now, you have a “present” interest in those assets. Accordingly, you would have to report ownership of those assets if valued at $1,000 or more. On the other hand, if you do not have the right to receive any of the assets of the trust right now, you do not have a “present” interest in those assets. Accordingly, you would not have to report anything about those assets.
   GIFTS. Anything given when full value is not returned for what was received and may include payment, entertainment, subscription, advance, discount or services having in the aggregate a fair market value in excess of $100. This does not include gifts from a spouse, immediate family or close family (parents, grandparents, children, siblings) member nor does it include political contribution which must be otherwise disclosed in accordance with relevant laws.
   HONORARIA. A payment of money or anything of value as consideration for an appearance, speech, article or the like.
   INCOME. Any income from whatever source derived including a fee, salary, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, capital gain or any other form of recompense or any combination thereof. Excluded only are the following:
      (1)   Interest from savings accounts and certificates of deposit;
      (2)   Interest from governmental obligations other than those of the commonwealth or any political subdivision or any public Agency or authority created by the commonwealth’s legislature;
      (3)   Alimony and support payments;
      (4)   Proceeds from a life insurance policy;
      (5)   Interest or dividends from money market funds; retirement or disability benefits profit-sharing plans, 401(k) plans; and
      (6)   Social Security payments.
   INVESTMENT. Any tangible or intangible property, whether personal property or realty, held primarily for the purpose of attaining an economic advantage, whether directly (as in the case of income or appreciation) or indirectly (as in the case of tax shelters). Excluded from this definition are, for example, properties held chiefly for enjoyment, certain retirement plans, profit-sharing plans, 401(k) plans, insurance policies and your primary residence.
   LEGISLATIVE AGENT. Any person who for compensation or reward does any act to promote, oppose or influence legislation or to promote or oppose or influence the governor’s approval or veto thereof or to influence the decision of any member of the executive branch where such decision concerns legislation or the adoption, defeat, of postponement of a standard, rate, rule or regulation pursuant thereto. The term shall include persons who, as any part of their regular and usual employment and not simply incidental thereto, attempt to promote, oppose or influence legislation or the governor’s approval or veto thereof, whether or not any compensation in addition to the salary for such employment is received for such services.
   PERSON. A business, individual, corporation, union, association, firm, partnership, committee or other organization or groups of persons.
   REALTY TRUST. A type of business trust generally organized for the primary purpose of buying, selling, holding or investing real property usually created by a written instrument. These trusts are sometimes also REAL ESTATE INVESTMENT TRUSTS or REITS. See also “trust”.
   REIMBURSEMENT. A payment for money expended or to be expended (for example, travel, meals or lodging), which is for actual expenses incurred or to be incurred reasonably related to the event to which they are connected.
   SECURITY. Any note, stock, bond, debenture, evidence of a debt owed to you or to your spouse, certificate of interest or participation in any profit-sharing arrangement, certificate of interest in any mutual fund, stock or commodity option or similar evidence of ownership or interest, or a receipt or certificate of deposit for, or warrant or right to subscribe to or purchase, any of the foregoing.
   TAX SHELTER. Any device used by taxpayer to reduce or to defer payment of taxes. TAX SHELTERS organized either as a business or as an investment and are reportable on Statements of Financial Interests as such. Retirement plans are not considered TAX SHELTERS and are generally not reportable.
   TRUST. A legal entity in which the actual (or “beneficial”) ownership of property is separated from its legal ownership. The legal ownership is held by a trustee who owes certain duties to the beneficiaries. Those duties usually arise by a written document (a “Declaration of Trust”, for example).
(CBC 1985 2-14.2; Ord. 2009 c. 2)
2-14.3   Statement of Financial Interests.
   (A)   All City Councillors must file an annual Statement of Financial Interests with the City Clerk on or before June 1 of each calendar year for the preceding calendar year. The forms for such Statements will be provided by the City Clerk and all Councillors must fill out the forms in their entirety.
   (B)   Information required to be provided in the Statement of Financial Interest shall include the following:
      (1)   The Councillor’s name and home address and the name of the Councillor’s spouse if he or she resides with the Councillor;
      (2)   Any other governmental position(s) held by the Councillor and the Councillor’s spouse in any federal, commonwealth, county, district or municipal Agency, compensated or uncompensated, full- or part-time in the relevant calendar year, income of Councillor’s position(s) must be disclosed, but not the income of the Councillor’s spouse;
      (3)   Each business, including non-profit organizations, with which the Councillor or the Councillor’s spouse were associated in the relevant calendar year as an employee, or as a partner, proprietor, director or in any managerial capacity, full- or part-time, compensated or uncompensated, income of Councillor’s position(s) must be disclosed, but not the income of the Councillor’s spouse;
      (4)   Any business, the equity of which the Councillor and/or the Councillor’s spouse owned more than 1% during the relevant calendar year; the Councillor’s percentage ownership must be disclosed, but not the percentage ownership of the Councillor’s spouse;
      (5)   Any equity in a business with which the Councillor is associated which the Councillor transferred to the Councillor’s spouse within the relevant calendar year;
      (6)   Any business with which the Councillor was previously associated with which the Councillor had an understanding in the relevant calendar year with regard to future employment;
      (7)   Any gifts, honoraria and reimbursements received by the Councillor or the Councillor’s spouse during the relevant calendar year; the Councillor’s spouse must report the gift, honoraria and reimbursement only if the source was a legislative Agent and does not need to report the amount; the Councillor must report the gift only if the Boston City Council regulates the source, or if the source had or has a direct interest in a matter, legislation or legislative action before the Boston City Council;
      (8)   Any security with a fair market value of $1,000 or more, issued by the commonwealth, any public Agency or any municipality, owned by the Councillor or the Councillor’s spouse and any income received by the Councillor in the relevant calendar year in excess of $1,000;
      (9)   Any security and other investments with a fair market value greater than $1,000 beneficially owned by the Councillor or the Councillor’s spouse for any part of the relevant calendar year;
      (10)   Any interest held by the Councillor or the Councillor’s spouse in a trust as of January 1 of the relevant calendar year, including business, charitable, family and/or realty trusts;
      (11)   Any real property in the commonwealth with an assessed value greater than $1,000 in which the Councillor or the Councillor’s spouse held an interest in as of December 31 of the relevant calendar year;
      (12)   Any real property in the commonwealth or out-of-state, including time shares, with an assessed value of $1,000 or more, held for investment or rental purposes, which the Councillor or the Councillor’s spouse had a direct or indirect financial interest as of December 31 of the relevant calendar year;
      (13)   Any real property interest in the commonwealth which was purchased, sold or otherwise transferred to or from the Councillor and/or the Councillor’s spouse any time during the relevant calendar year;
      (14)   Any mortgage loan including second mortgage loans and home equity loans in excess of $1,000 outstanding on December 31 of the relevant calendar year for which the Councillor or the Councillor’s spouse was obligated;
      (15)   Any parcel of real estate on which the Councillor or the Councillor’s spouse held a mortgage in the relevant calendar year, including the name of the issuer and the assessed value;
      (16)   Certain debt, loan or other liability in excess of $1,000 owed by the Councillor or the Councillor’s spouse on December 31 of the relevant calendar year; and
      (17)   Any creditor who, during the relevant calendar year, forgave indebtedness in excess of $1,000 owed by the Councillor or the Councillor’s spouse.
(CBC 1985 2-14.3; Ord. 2009 c. 2)
2-14.4   Penalties and Enforcement.
   Any Councillor who knowingly files a false Statement of Financial Interests and fails to cure any falsity shall be punished by a fine of $300. Any Councillor who fails to file an annual Statement of Financial Interests or fails to fill out the form in its entirety shall receive a written warning by the City Clerk notifying them of their failure. Failure to file a Statement of Financial Interests or complete any filed Statement of Financial Interests within 30 days of receiving the City Clerk’s written warning shall result in a fine of $300 for each month the Councillor fails to file. However, any Councillor who becomes aware of an error or needs to amend a previously filed Statement of Financial Interests shall be able to make such a cure at any time without penalty.
(CBC 1985 2-14.4; Ord. 2009 c. 2)
2-15   LOBBYIST REGISTRATION AND REGULATION.
2-15.1   Title and Purpose.
   This Section shall be known as the “Lobbyist Registration and Regulation Ordinance”. The purpose of this Section is to promote good governance and to ensure transparency in government by requiring registration and disclosure of lobbying activities; to create fairness and consistency by applying the same rules to all persons engaged in lobbying activities; and to reinforce the community’s trust in the integrity of its government by guaranteeing convenient, timely access to information about attempts to influence the government’s decisions.
(CBC 1985 2-15.1; Ord. 2018 c. 9 § 1)
2-15.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADMINISTRATIVE ACTION. Any decision on, or any proposal, consideration, enactment or making of any rule, regulation or any other official nonministerial action or non-action by any Executive Department, or by any employee of an Executive Department on any matter which is within the official jurisdiction of the executive branch, or any matter within the official jurisdiction of any city employee.
   CITY EMPLOYEE. An employee of the city, including a person holding elected Office; employees of the Mayor, of the Boston City Council and employees of the Departments of the city; members of City Commissions and Boards; and any other individual or group of individuals specifically authorized by law, including any appointed, non-employee member of any City Agency, including an employee of the Boston Redevelopment Authority, d/b/a the Boston Planning and Development Agency, the Economic Development Industrial Corporation, the Boston Public Health Commission, Boston Licensing Board or Boston Water and Sewer Commission.
   CLIENT. Any person, corporation, partnership, association, organization, including not-for-profit, or other entity that retains, employs or designates any person or organization to carry on lobbying activities on behalf of such client.
   LEGISLATIVE ACTION. The introduction, sponsorship, consideration, debate, amendment, passage, defeat, approval, veto or other official action or non-action on any ordinance, resolution, motion, order, appointment, application or other matter pending or proposed in the Boston City Council or any Committee or Subcommittee thereof.
   LOBBYING or LOBBYING ACTIVITIES. 
      (1)   Any attempt to influence:
         (a)   Any legislative action made by the Boston City Council or any member thereof with respect to the introduction, passage, defeat or substance of any local legislation or resolution;
         (b)   Any administrative action made by the Mayor to support, oppose, approve or disapprove any local legislation or resolution, whether or not such legislation or resolution has been introduced in the Boston City Council;
         (c)   Any decision or administrative action made by an employee of the city with respect to the procurement of goods, services or construction, including the preparation of contract specifications, or the solicitation, award or administration of a contract, or with respect to the solicitation, award or administration of a grant, loan or agreement involving the disbursement of public monies;
         (d)   Any decision made by the Mayor, the Boston City Council or city employee with respect to the approval, denial or postponement of a decision concerning the development of real property or zoning, including zoning approval; and/or
         (e)   Any legislative or administrative action concerning the adoption, defeat or postponement of a standard, rate, rule or regulation promulgated pursuant to any local or special law; the adoption or rejection of a policy position. For purposes of these Sections and Subsection policy, shall mean a plan or course of action which is applicable to a class of persons, proceedings or other matters and which is designed to influence or determine the subsequent decisions and actions of any city employee, including, but not limited to, a plan or course of action which would constitute a regulation. The term shall not include the adjudication or determination of any rights, duties or obligations of a person made on a case by case basis, including, but not limited to, the issuance or denial of a license, permit or certification or a disciplinary action or investigation involving a person.
      (2)   LOBBYING or LOBBYING ACTIVITIES shall not include the following:
         (a)   A request for a meeting, a request for the status of an action or any similar administrative request, if the request does not include an attempt to influence a city employee;
         (b)   An act made in the course of participation in an Advisory Committee or Task Force;
         (c)    Providing information in writing in response to a written request for specific information by a city employee;
         (d)   An individual expressing an opinion, filing a complaint or tip, seeking information or advice or requesting constituent services regarding a matter that does not involve possible financial benefit to the individual or a business with which the individual is involved or whose interests the individual is representing;
         (e)   An individual expressing an opinion, filing a complaint or tip, seeking information or advice or requesting constituent services regarding a matter that involves possible benefits to the individual’s owner-occupied home;
         (f)   An act required by subpoena, civil investigative demand or otherwise compelled by statute, regulation or other action;
         (g)   A communication made to a city employee or Official with regard to the status of a judicial proceeding or a criminal or civil law enforcement inquiry, investigation or proceeding; or an act made in compliance with written Board or Agency procedures regarding an adjudicatory proceeding or evidentiary proceedings conducted by any Department, Board, Commission or employee; Attorneys, Consultants or Advocates representing a client solely in an appearance at a publicly noticed meeting of a City Board or Commission, including Boards or Commissions of Agencies made up of employees as defined in Subsection 2-15.2;
         (h)   A petition for action by the city made in writing and required to be a matter of public record pursuant to established procedures of the city;
         (i)   Any act done in furtherance of obtaining a non-discretionary city approval, such as applying for a permit or license;
         (j)   An act made on behalf of an individual with regard to that individual’s benefits, employment or other personnel matters;
         (k)   A response to a request for proposals or similar public invitation by a city employee for information relevant to a contract; provided, however, that any communication to a city employee seeking to encourage the city to procure a particular type of item or service, or to consider a particular vendor, is a lobbying communication not subject to this exception;
         (l)   Participation in a bid conference;
         (m)   An appeal or request for review of a procurement decision;
         (n)   Designated union representatives negotiating a collective bargaining agreement with city representatives, and unions communicating with their members;
         (o)   Newspapers and other periodicals and radio stations and television stations, and owners and employees thereof; provided that their activities are limited to the gathering or dissemination of news items, editorials or other comment or paid advertisements; and/or
         (p)   Persons who participate as witnesses, attorneys or other representatives in public rule making or rate making proceedings of an entity covered by these provisions.
   LOBBYING ENTITY. An organization, including not-for-profits and political action committees, engaging in lobbying activities, consisting of at least one lobbyist, including foreign or domestic corporation, association, sole proprietor, partnership, limited liability partnership or company, joint stock company, joint venture or any other similar business formation.
   LOBBYIST. Every person retained, employed or designated by any client or lobbying entity, with or without compensation to engage in lobbying or lobbying activities, The term LOBBYIST shall not include any Officer or employee of the city, the commonwealth, any political subdivision of the commonwealth or any legislatively-created Corporation, Authority, Agency or Commission, or the United States when discharging his or her official duties. The term LOBBYIST shall not include any uncompensated volunteer of a not-for-profit entity who seeks to influence legislative or administrative action solely on behalf of that entity.
   MUNICIPAL LOBBYING COMPLIANCE COMMISSION. The Commission established in Subsection 2-15.4.
   PROCUREMENT. The buying, purchasing, renting, leasing or otherwise acquiring or disposing, by contract or otherwise, of supplies, services or construction, or the acquisition or disposition of real property or any interest therein, including, but not limited to, the purchase, lease or rental of any such real property or the granting of easements or rights of way therein.
(CBC 1985 2-15.2; Ord. 2018 c. 9 § 1)
2-15.3   Registration and Reporting Requirements.
   (A)   The City Clerk shall keep a record containing all information required to be filed under this Section, which shall be in the form of an electronic database that shall be open and accessible for public inspection. The penalty for a late statement shall be in the amount of $50 per day up to the twentieth day and an additional $100 per day for every day after the twentieth day until the statement is filed.
   (B)   Each lobbyist, lobbying entity and client retaining the services of a lobbyist shall file an annual registration statement with the City Clerk on forms it prescribes and provides. The annual registration statement shall be completed not later than December 15 of the year preceding the registration year, except that any person or entity that first qualifies as a lobbyist, lobbying entity or client after January 1 of the registration year shall register within ten days after so qualifying.
   (C)   The annual filing fee for a lobbying entity to register shall be $300. The annual filing fee for a client shall be $150. The annual filing fee for a lobbyist shall be $150. The City Clerk may, in its discretion and upon written request, waive the filing fees for a not-for-profit client, a lobbying entity which registers to exclusively represent not-for-profit clients, a client that employs fewer than ten persons and has been in business for fewer than five years, or a lobbyist that registers to exclusively represent such client.
   (D)   (1)   No later than January 20, April 20, July 20 and October 20 of each year, every lobbyist shall provide to the City Clerk a statement, under oath, listing:
         (a)   All campaign contributions as defined in M.G.L. Chapter 55, Section 1;
         (b)   The identification of each client for whom the lobbyist provided lobbying activities or services;
         (c)   Names of pieces of legislation, legislative action, administrative action or the decisions of city employees that the lobbyist acted to promote, oppose or influence;
         (d)   A statement of the lobbyist’s position, if any, on each such piece of legislation, legislative action, administrative action or decision; and
         (e)   The identification of the client or clients on whose behalf the lobbyist was acting with respect to each such piece of legislation, legislative action or decision.
      (2)   The disclosure shall be required regardless of whether the lobbyist specifically referenced the particular piece of legislation or other decision while acting to promote, oppose or influence it.
   (E)   No later than January 20, April 20, July 20 and October 20 of each year, every lobbying entity and client shall provide to the City Clerk a statement, under oath, listing:
      (1)   All campaign contributions as defined in M.G.L. Chapter 55, Section 1;
      (2)   Whether he or she is receiving compensation for the lobbying activities;
      (3)   Expenditures incurred or paid separately by such lobbying entity or client during the reporting period in connection with each decision, legislation, legislative action or administrative action of a city employee that it sought to promote, oppose or influence and the total amount thereof incurred or paid separately by such lobbying entity or client during the reporting period.
   (F)   Statements provided under this Section shall be postmarked or electronically filed, as determined by the City Clerk, no later than the prescribed date.
(CBC 1985 2-15.3; Ord. 2018 c. 9 § 1; Ord. 2020 c. 1)
2-15.4   Municipal Lobbying Compliance Commission; Penalties and Enforcement.
   (A)   There shall be a Municipal Lobbying Compliance Commission (“Commission”) comprising five Commissioners to be appointed by the Mayor after a public hearing to be held by the Boston City Council, so long as one is an attorney with experience in public ethics law, the City Clerk, or their designee, the Boston City Council President or such other Councilor designated, from time to time, by the Boston City Council President, and two members selected at-large by the Mayor. The Boston City Council President and the City Clerk, or their designees, shall serve ex officio. The purpose of the Commission shall be to investigate and make findings, pursuant to the following provisions, relative to compliance with the Lobbyist Registration and Regulation Ordinance.
   (B)   All Commissioners, with the exception of the Boston City Council President and the City Clerk, shall serve coterminous with the Mayor and any vacancies shall be filled by the Mayor of the city for the unexpired term. The Commissioners shall annually elect a Commission Chair. Commissioners shall serve without compensation and shall be classified as Special Municipal Employees for purposes of the commonwealth’s Ethics Law, M.G.L. Chapter 268A.
   (C)   Subpoena power shall be exercised by the Chairperson of the Commission, or his or her designee, upon majority vote of the Commission. All proceedings under this Section shall be conducted pursuant to M.G.L. Chapter 30A.
   (D)   (1)   Within 30 days after completion of deliberations, the Commission shall publish a written report of its findings and conclusions. Upon a finding that there has been a violation, the Commission may issue an order:
         (a)   Requiring the violator to cease and desist such violation;
         (b)   Requiring the violator to file any report required pursuant to this Act;
         (c)   Suspending the violator for a specified period from engaging in any lobbying communications or revoking violator’s registration; and
         (d)   Requiring the violator to pay a civil penalty of not more than $300 per day for each violation.
      (2)   The Commission may file a civil action in superior court to enforce this order. The Commission shall order the City Clerk to issue and collect civil penalties on its behalf.
   (E)   The Commission shall automatically disqualify any person convicted of a felony in violation of M.G.L. Chapter 3, Chapter 55 or Chapter 268A from acting or registering as a lobbying agent for a period of ten years from the date of conviction.
   (F)   The Commission shall have authority to promulgate regulations for the administration of this act.
(CBC 1985 2-15.4; Ord. 2018 c.9 § 1)
2-15.5   Exemption from Regulations for Certain Public Employees.
   This Section shall not apply to employees or agents of the federal government or any Agency thereof, the commonwealth, or of a city, town, district or regional school district who are acting in their capacity as such employees or agents. This Section also shall not apply to any person requested to appear before the Boston City Council or a Committee thereof; provided that such person performs no other act to influence legislation; and provided further, that the name of such person be recorded in the official records of the Boston City Council or a Committee thereof.
(CBC 1985 2-15.5; Ord. 2018 c.9 § 1)