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(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
(a) A person who violates a provision of this article, or who fails to perform an act required of the person by this article, commits an offense. A person commits a separate offense each day or portion of a day during which a violation is committed, permitted, or continued.
(b) An offense under this article is punishable by a criminal fine not to exceed $500. (Ord. Nos. 27748; 32472)