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(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.
(a) Non-registrant disclosure statement required for zoning cases. Any applicant, property owner, or purchaser with a property under contract who lobbies a city council member or a member of the city plan commission on a municipal question relating to a zoning case that will affect the property shall file a non-registrant disclosure statement in accordance with this section. An initial non-registrant disclosure statement must be filed within five days after the applicant, property owner, or purchaser contacts a city council member or member of the city plan commission for lobbying purposes. This paragraph only applies to lobbying contacts made after the application for the zoning case is filed with the city.
(b) Required information. A non-registrant disclosure statement must be filed on the form and in the manner prescribed by the city secretary. If the applicant, property owner, or purchaser with a property under contract is not an individual, an authorized officer or agent of that person shall file the non-registrant disclosure statement. The non-registrant disclosure statement 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 applicant;
(B) the property owner; and
(C) the purchaser with a property under contract.
(2) The full name, telephone number, permanent address, and nature of the business of the person filing the non-registrant disclosure statement, if different from the applicant, property owner, or purchaser.
(3) The address of the property that is the subject of the designated zoning case.
(4) A description of the designated zoning case.
(5) The name of each city council member or city plan commission member contacted by the applicant, property owner, or purchaser relating to a zoning case and the type of contact made (in person, telephone call, letter, electronic mail, etc.).
(6) A statement that, by filing the non-registrant disclosure statement, the filer swears or affirms under penalty of perjury that, to the best of the filer's knowledge, all information contained in the non-registrant disclosure statement is true, correct, and complete and includes all information required to be disclosed under this section.
(c) Quarterly disclosure statements. Lobbying contacts on a zoning case made after an initial non-registrant disclosure statement is filed must be reported by the applicant, property owner, or purchaser with a property under contract in quarterly non-registrant disclosure statements. A quarterly non-registrant disclosure statement 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 same information required in Subsection (b). The non-registrant disclosure statement 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.
(d) No fee. No fee will be charged for filing a non-registrant disclosure statement under this section.
(e) Exceptions. This section does not apply to:
(1) an applicant, property owner, or purchaser with a property under contract who is currently registered with the city as a lobbyist and filing activity reports in accordance with this article; or
(a) False statements. A person who lobbies or engages another person to lobby, or any other person acting on behalf of such person, shall not knowingly:
(1) make any false or misleading statement of fact to any city official; or
(2) cause a copy of a document containing a false statement to be received by a city official without notifying the official, in writing, of the truth.
(b) Failure to correct erroneous statement. A registrant who learns that a statement contained in a registration form or activity report filed by the registrant during the past three years is false shall correct that statement by written notification to the city secretary within 30 days of learning of the falsehood.
(c) Personal obligation of city officials. A person who lobbies or engages another person to lobby, or any other person acting on behalf of such person, shall not do any act, or refrain from doing any act, with the express purpose and intent of placing any city official under personal obligation to such lobbyist or person.
(d) Improper influence. A registrant shall not cause or influence the introduction of any ordinance, resolution, appeal, application, petition, nomination, or amendment for the purpose of thereafter being employed as a lobbyist to secure its granting, denial, confirmation, rejection, passage, or defeat.
(e) False appearances. A person who lobbies or engages another person to lobby, or any other person acting on behalf of such person, shall not cause any communication to be sent to a city official in the name of a fictitious person, or in the name of any real person unless the real person consents.
(f) Prohibited representations. A person who lobbies or engages another person to lobby, or any other person acting on behalf of such person, shall not represent, either directly or indirectly, orally or in writing, that the person can control or obtain the vote or action of any city official.
(g) Lobbying by bidders and proposers on city contracts and public subsidy matters.
(1) Bidders and proposers on city contracts.
(A) A person responding to a request for bids or request for proposals on a city contract shall not lobby a city council member regarding the bid or request for proposal either directly or indirectly (through a representative, employee, or agent) from the time the advertisement or public notification of the request for bids or request for proposals is made until the time the contract is awarded by the city council.
(B) A city council member shall not discuss a request for bids or a request for proposals on a city contract either directly (with the person or entity submitting the bid or proposal) or indirectly (with a lobbyist, representative, employee, or agent of the person or entity submitting the bid or proposal) from the time the advertisement or public notification of the request for bids or request for proposals is made until the time the contract is awarded by the city council. The department issuing the request for bids or request for proposals shall forward to all city council members any protest received and any response to that protest before city council considers awarding that city contract.
(2) Public subsidy matters.
(A) A person applying for or requesting a public subsidy matter shall not lobby a city council member either directly or indirectly (through a representative, employee, or agent) from the time a complete application or request is accepted until the applicant or requestor is notified that the public subsidy matter will not be placed on a city council agenda or the public subsidy matter is approved or denied by city council.
(B) A city council member shall not discuss an application or request for a public subsidy matter either directly (with the person or entity submitting the application or request) or indirectly (with a lobbyist, representative, employee, or agent of the person or entity submitting the application or request) from the time a complete application or request is accepted until the applicant or requestor is notified that the public subsidy matter will not be placed on a city council agenda or the public subsidy matter is approved or denied by city council.
(3) City council meetings. This subsection does not prohibit a bidder or proposer from speaking at the city council meeting where the award of the contract is considered.
(a) Appearances. Each person who lobbies or engages another person to lobby before the city council or before a city board or commission identified in Section 12A-29
(1)(H) shall orally identify himself or herself and any client he or she represents upon beginning an address. Each person who lobbies or engages another person to lobby shall also disclose on appropriate sign-in sheets his or her identity, the identity of the client he or she represents, and whether he or she is registered as a lobbyist under this article.
(b) Oral lobbying contacts. Any person who makes an oral lobbying contact with a city official shall, at the beginning of the lobbying contact, state whether the person is registered under this article and identify each client on whose behalf the lobbying contact is made.
(c) Written lobbying contacts. Any registrant who makes a written lobbying contact (including an electronic communication) with a city official shall identify each client on whose behalf the lobbying contact is made and identify himself or herself as a registered lobbyist. (Ord. Nos. 27748; 30391
; 32072
; 32472
)
(a) A registration, an activity report, or a non-registrant disclosure statement filed by first-class United States mail or by common or contract carrier is timely if:
(1) it is properly addressed with postage and handling charges prepaid;
(2) it bears a post office cancellation mark or a receipt mark from a common or contract carrier indicating a time within the applicable filing period or before the applicable filing deadline, or the person required to file furnishes satisfactory proof that it was deposited in the mail or with a common or contract carrier within that filing period or before that filing deadline; and
(3) it was in fact received by the city secretary.
The city secretary shall:
(1) provide guidance and assistance on requirements for lobbyist registration, activity reports, and non-registrant disclosure statements and develop common standards, rules, and procedures for compliance with this article;
(2) coordinate with the inspector general to review registrations, activity reports, and non-registrant disclosure statements for completeness and timeliness;
(3) maintain filing, coding, and cross-indexing systems to carry out the purposes of this article, including:
(A) a publicly available list identifying all lobbyists and lobbying firms registered with the city and their clients; and
(B) computerized systems designed to minimize the burden of filing and maximize public access to materials filed under this article;
(4) on a quarterly basis, provide an updated list of all registered lobbyists and lobbying firms, and their clients, to the inspector general, the city council, the city manager, the city attorney, the city auditor, the administrative municipal judge, all department heads, and all chairs of boards and commissions identified in Section 12A-29(1)(H);
(5) make available for public inspection and copying at reasonable times the registrations, activity reports, and non-registrant disclosure statements filed under this article; and
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