(A) A person shall file a lobbying registration statement with the Commission if the person:
(1) Personally appears before a town official or employee with the intent to influence that person in performance of the official duties of the official or employee; and
(2) In connection with the intent to influence, expends or reasonably expects to expend in a given calendar year in excess of $250 on food, entertainment, or other gifts for officials or employees of the town.
(B) A person shall file a registration statement required under this section on or before the later of January 15 of the calendar year or within five days after first performing an act that requires registration in the calendar year.
(C) (1) The registration statement shall identify:
(a) The registrant;
(b) Any other person on whose behalf the registrant acts; and
(c) The written authorization of any person on whose behalf the lobbyist acts (if this is a business entity, the authorization may be executed by any authorized officer or agent, who is not the lobbyist);
(d) The subject matter on which the registrant proposes to make appearances specified in division (A) of this section.
(2) The registration statement shall cover a defined registration period not to exceed one calendar year.
(D) Within 30 days after the end of any calendar year during which a person was registered under this section, the person shall file a report with the Commission disclosing:
(1) The value, date, and nature of any food, entertainment, or other gift provided to a town official or employee; and
(2) If a gift or series of gifts to a single official or employee exceeds $250 in value, the identity of the official or employee.
(E) The Commission may require submission of such other reports as it deems necessary.
(F) All registrations and reports filed pursuant to this § 12-9 shall be maintained by the Commission, or an office designated by it, and shall be made available during normal office hours, for examination and copying by the public, subject, however, to such reasonable fees and administrative procedures as may be established by the Town Council or by the Commission. The forms shall be retained for four years from the date of receipt.
(G) The registrations and reports filed pursuant to this § 12-9 shall be reviewed by the Commission Attorney for compliance with the provisions of this § 12-9, and persons engaging in lobbying activities shall be notified of any omissions or deficiencies. The Commission Attorney shall refer evidence of noncompliance with this section to the Commission, the Town Council, or to the State's Attorney for appropriate action.
(H) The provisions of this § 12-9 do not apply to the following acts:
(1) Professional services in drafting bills or in advising and rendering opinions to clients as to the construction and effect of proposed or pending Town Council actions when these services do not otherwise constitute lobbying activities.
(2) Appearances before the Mayor and Council upon its specific invitation or request but only if the person engages in no further or other activities in connection with the passage or defeat of Mayor and Council actions.
(3) Actions as part of the official duties of a trustee, an administrator, or a faculty member of a non-profit independent college or university in the state, if the official duties of the individual do not consist primarily of attempting to influence legislative action or executive action.
(4) Appearances as part of the official duties of a duly elected or appointed official or employee of the State or a political subdivision of the state, or of the United States, and not on behalf of any other entity.
(5) Actions of a publisher or working member of the press, radio, or television in the ordinary course of the business of disseminating news or making editorial comment to the general public who does not, however, engage in further or other lobbying that would directly and specifically benefit the economic, business, or professional interests of himself or herself or his or her employer.
(6) Appearances by an individual before the Mayor and Council at the specific invitation or request of a registered lobbyist, provided no other lobbying act is undertaken, and provided the witness identifies himself or herself to the Mayor and Council as testifying at the request of the lobbyist.
(7) The representation of a bona fide religious organization solely for the purpose of protecting the right of its own members to practice the doctrine of the organization.
(8) Appearances as part of the official duties of an officer, director, member, or employee of an association engaged exclusively in lobbying for counties and municipalities and not on behalf of any other entity.
(a) A person who would otherwise be required to file a registration and submit reports pursuant to divisions (A), (B) and (D) of this section is not required to file if he or she reasonably believes that all expenses incurred in connection with his or her lobbying activities will be reported pursuant to division (D) of this section by a properly registered person acting on his or her behalf. The authorization required by division (C)(1)(c) of this section shall be completed by these individuals as to persons acting on their behalf. Persons exempted herein, however, become subject to the provisions of § 12-9 immediately upon failure of the registrant to report any information required by § 12-9.
(Ord. 06-2012, passed 11-5-2012)