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(a) The following persons are not required to register or file an activity report under this article:
(1) A person who owns, publishes, or is employed by a newspaper, any other regularly published periodical, a radio station, a television station, a wire service, or any other bona fide news medium that in the ordinary course of business disseminates news, opinions, or paid advertisements that directly or indirectly oppose or promote municipal questions or seek to influence official action relating to municipal questions, provided that the person does not engage in other activities that require registration under this article. This exception does not apply if a person's relation to the news media is only incidental to a lobbying effort or if a position taken or advocated by a media outlet directly impacts, affects, or seeks to influence a municipal question in which the media outlet has a direct or indirect economic interest.
(2) A person whose only lobbying activity is to encourage or solicit the members, employees, or owners (including shareholders) of an entity by whom the person is compensated to communicate directly with one or more city officials to influence municipal questions.
(3) A governmental entity and its officials and employees, provided the communications relate solely to subjects of governmental interest concerning the governmental entity and the city.
(4) A person who neither knows nor has reason to know that a municipal question is pending at the time of contact with a city official. This exception does not apply if the existence of a municipal question is discovered during on-going contacts with a city official and the person then engages in additional lobbying of the same official or other city officials with respect to that municipal question.
(5) A person whose contact with a city official is made solely as part of resolving a dispute with the city, provided that the contact is solely with city officials who do not vote on or have final authority over any municipal question involved.
(6) An agent or employee of a lobbying firm or other registrant, provided that the lobbying firm or other registrant files a registration statement or activity report for the period in question fully disclosing all relevant information known to the agent or employee.
(7) An individual who engages in lobbying, but who does not receive compensation or reimbursement for lobbying with respect to any client.
(8) A neighborhood association, crime watch group, or homeowners association or its members when lobbying on a municipal question that affects the group or association as a whole.
(b) If, after notification by the city secretary that registration is required, a person shall, within 14 days of the date of notification:
(1) file an affidavit with the city secretary stating the basis for an exception under this section; or
(a) Initial registration. A person required to register as a lobbyist under this article shall file a separate registration for each client. A registrant who makes more than one lobbying contact for the same client shall file a single registration form covering all lobbying contacts for that client. If the registrant is not an individual, an authorized officer or agent of the registrant must file the form. An initial registration form relating to a client must be filed by a person required to register under this article within five days after the start of lobbying activity for that client, except that initial registration of a client in a zoning case must be filed within five days after the zoning application is filed with the city. In no event shall a registrant knowingly fail to register, or knowingly fail to disclose such registration to relevant city officials, prior to official city action relating to the subject matter of the lobbying activity.
(b) Subsequent annual registration. Subsequent registration forms must be filed annually by January 15 for each client for whom a registrant previously filed or was required to file an initial registration form in the prior registration year if lobbying activities are still being conducted or will foreseeably be conducted for the client during the new registration year.
(c) Required disclosures. An initial or subsequent registration must be filed on the form and in the manner prescribed by the city secretary and must include, to the extent applicable, the following information:
(1) The full name, telephone number, permanent address, and nature of the business of:
(A) the registrant;
(B) the client;
(C) any person, other than the client, on whose behalf the registrant has been engaged by the client to lobby;
(D) any person, other than the client, who is known by the registrant to contribute financially to the compensation of the registrant, or who, in whole or in major part, plans, supervises, or controls the registrant's lobbying activities on behalf of the client;
(E) any lobbying firm for which the registrant is an agent or employee with respect to the client; and
(F) each employee or agent of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client.
(2) A statement of all municipal questions on which the registrant:
(A) has lobbied for the client in the calendar quarter in which the registration is filed and in the three months preceding the filing of the registration, including the name of each city official contacted by the registrant on behalf of the client with regard to each municipal question and the type of contact made with the city official (in person, telephone call, letter, electronic mail, etc.); or
(B) will foreseeably lobby for the client in the calendar quarter in which the registration is filed and in the three months following the filing of the registration.
(3) If the municipal question relates to a zoning case, the name of each city official contacted and the type of contact made (in person, telephone call, letter, electronic mail, etc.) by the registrant on behalf of the client from the time the registrant began lobbying activities relating to the zoning case until the time the registrant filed a registration for the client in compliance with this section.
(4) Disclosure of any employment or arrangement to lobby for the client on a contingent fee basis.
(5) A list of any positions held by the registrant as a city official or city employee, as those terms are defined in Section 12A-2, during the 24 months preceding the filing of the registration.
(6) A statement that, by filing the registration, the registrant swears or affirms under penalty of perjury that, to the best of the registrant's knowledge, all information contained in the registration is true and correct and that the registration is complete and includes all information required to be disclosed under this article.
(7) If the registrant is a former city official or employee, a statement that, by filing the registration, the registrant swears or affirms that, to the best of the registrant's knowledge, the registrant's lobbying activities have not violated and will not foreseeably violate Article III of this chapter, which governs former city officials and employees.
(d) Fee. At the time of filing an initial or subsequent annual registration, a registrant shall pay to the city an annual registration fee of $300. A separate registration fee is not required for each additional client registered during a registration year. All lobbyist registration fees must be deposited into a separate account within the general fund, which account must be used to offset the costs of administering the city's lobbyist registration program and the costs of handling disclosure filings. (Ord. Nos. 27748; 32072
; 32472
)
(a) Required disclosures. Except as provided in Section 12A-31
of this article, each registrant shall file with the city secretary a report concerning the registrant's lobbying activities for the prior calendar quarter. The report for the preceding calendar quarter must be filed not earlier than the first day or later than the 15th day of April, July, October, or January, or on the date registration is required, whichever comes later. A registrant must file a report for each client the registrant received compensation from or expended monies for lobbying during the prior calendar quarter. If the registrant is not an individual, an authorized officer or agent of the registrant shall file the report. The report must be filed on the form and in the manner prescribed by the city secretary and must include, with respect to the previous calendar quarter, to the extent applicable, the following information:
(1) The name of the registrant, the name of the client, and any changes or updates in the information provided in the most recent registration statement filed pursuant to Section 12A-32.
(2) A list of the specific issues upon which the registrant engaged in lobbying activities, including, to the maximum extent practicable, a list of specific legislative proposals and other proposed, pending, or completed official actions.
(3) Disclosure of any employment or arrangement to lobby for the client on a contingent fee basis.
(4) The name of each city official contacted by the registrant on behalf of the client with regard to a municipal question and the type of contact made with the city official (in person, telephone call, letter, electronic mail, etc.).
(5) A list of the employees or agents of the registrant who acted as lobbyists on behalf of the client.
(6) Cumulative lobbying expenditures of over $5,000 in a calendar quarter, separated into the following categories:
(A) Advertising and publications.
(B) Compensation to other than full- time employees.
(C) Reimbursement to others.
(D) Personal sustenance, lodging and travel, if reimbursed.
(E) Other expenses.
(7) Gifts, benefits, and expenditures that have a cumulative value of more than $25 that are made to, conferred upon, or incurred on behalf of a city official or his or her immediate family by the registrant, or by anyone acting on behalf of the registrant, in any calendar quarter must be itemized by item, date, city official, actual cost, and circumstances of the transaction. Pursuant to Section 12A-35(h), the total aggregate value of all gifts, benefits, and expenditures for each city official shall not exceed $300 per lobbyist, per calendar year.
(8) Each exchange (itemized by date, business entity and address, city official, amount, and nature of transaction) of money, goods, services, or anything of value by the registrant, or by anyone acting on behalf of the registrant, with any business entity in which the registrant knows or should know that a city official has a financial interest, directly or indirectly. For purposes of this paragraph, financial interest includes legal or equitable interest in land, chattels, intangibles, and property rights having more than a de minimum value. For purposes of this paragraph, "exchange" does not include a routine purchase from a commercial business establishment, if the city official in question is neither aware, nor likely to become aware, of the transaction.
(9) The name and position of each city official or member of a city official's immediate family who is employed by the registrant.
(10) A statement that, by filing the report, the registrant swears or affirms under penalty of perjury that, to the best of the registrant's knowledge, all information contained in the report is true and correct and that the report is complete and includes all information required to be reported under this article.
(b) Information required to be provided to registrant. Each person about whose activities a registrant is required to report by Subsection (a) shall provide a full account of such activities to the registrant at least five days before the registrant's report is due to be filed.
(c) Preservation of records. Each registrant shall obtain and preserve all accounts, bills, receipts, books, papers, and documents necessary to substantiate the activity reports required under this section for two years after the date the report containing such items is filed.
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