(Title and Section Amended by Ord. No. 169,916, Eff. 8/10/94.)
The following terms used in this article shall have the meanings set forth below. Other terms used in this article shall have the meanings set forth in the California Political Reform Act of 1974, as amended, and in the regulations of the California Fair Political Practices Commission, as amended, if defined therein.
“Activity expense” means any payment, including any gift, made to or directly benefiting any City official or member of their immediate family, made by a lobbyist, lobbying firm, or lobbyist employer.
“Administrative proceeding” (Deleted by Ord. No. 172,479, Eff. 4/10/99, Oper. 4/1/99.)
“Agency” means the City of Los Angeles or any department, bureau, office, board, commission, other agency of the City, or any other government agency, required to adopt a conflict of interest code subject to City Council approval, and includes the City’s Community Redevelopment Agency and the Los Angeles City Housing Authority.
“At the behest” means under the control of, at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express prior consent of any elective City officer or candidate for elective City office. A donation to a religious, charitable, or other nonprofit organization is not made at the behest of an elective City officer or candidate if the donation is solicited through a newspaper publication, through radio, television, or other mass media, or through a suggestion made to the entire audience at a public gathering. A donation to a religious, charitable, or other nonprofit organization is not made at the behest of an elective City officer or candidate solely because the name of the officer or candidate is listed with other names on written materials used to request donations or the officer or candidate makes a speech to the entire audience or is honored and given an award at an event sponsored by the organization. (Amended by Ord. No. 178,356, Eff. 3/12/07.)
“Attempting to influence” means promoting, supporting, opposing or seeking to modify or delay any action on municipal legislation by any means, including but not limited to providing or using persuasion, information, statistics, analyses or studies. A person attempts to influence municipal legislation when the person engages in lobbying activities for the purpose of influencing a decision. (Amended by Ord. No. 172,479, Eff. 4/10/99, Oper. 4/1/99.)
“City official” means any elective or appointed City officer, member, employee or consultant (who qualifies as a public official within the meaning of the Political Reform Act) of any agency, who, as part of their official duties, participates in the consideration of any municipal legislation other than in a purely clerical, secretarial or ministerial capacity. (Amended by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Client” means both (1) the person who compensates a lobbyist or lobbying firm for the purpose of attempting to influence municipal legislation and (2) the person on whose behalf a lobbyist or lobbying firm attempts to influence such municipal legislation, even if the lobbyist or lobbying firm is compensated by another person for such representation. However, if a lobbyist or lobbying firm represents a membership organization and individual members of that organization, an individual member is not a client solely because the member is individually represented by the lobbyist or lobbying firm unless the member makes a payment for such representation in addition to usual membership fees.
“Client, Administrative” (Deleted by Ord. No. 172,479, Eff. 4/10/99, Oper. 4/1/99.)
“Compensated Services” means services for which compensation was paid during a reporting period or for which the lobbyist or lobbying firm became entitled to compensation during that period.
“Controlled committee” means any committee controlled by an elective City officer or candidate for any elective City office, including any campaign, officeholder, legal defense fund, or ballot measure committee. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Direct communication” means appearing as a witness before, talking to (either by telephone or in person), corresponding with, or answering questions or inquiries from, any City official or employee, either personally or through an agent who acts under one’s direct supervision, control or direction. (Added by Ord. No. 172,479, Eff. 4/10/99, Oper. 4/1/99.)
“Donation” means a payment for which full and adequate consideration is not received. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Elective City officer” means the Mayor, City Attorney, Controller and Member of the City Council. (Amended by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Elective Officer” means any person who is a City Council Member, City Attorney, Controller or Mayor, whether appointed or elected. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Fundraiser” means an individual who receives compensation to engage in fundraising activity as defined in this section. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Fundraising activity” means soliciting a contribution or hosting or sponsoring a fundraising event or hiring a fundraiser or contractor to conduct any event designed primarily for political fundraising at which contributions for an elective City officer, candidate for elective City office, or any of their controlled committees are solicited, delivered or made. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Host or sponsor” means to provide the use of a home or business to hold a political fundraising event without charging market value for the use of that location; to ask more than 25 persons to attend the event; to pay for at least a majority of the costs of the event; or to provide the candidate, campaign, committee and/or fundraiser more than 25 names to be used for invitations to the event. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Lobbying activities” includes the following and similar compensated conduct when that conduct is related to a direct communication to influence any municipal legislation:
(1) engaging in, either personally or through an agent, written or oral direct communication with a City official;
(2) drafting ordinances, resolutions or regulations;
(3) providing advice or recommending strategy to a client or others;
(4) research, investigation and information gathering;
(5) seeking to influence the position of a third party on municipal legislation or an issue related to municipal legislation by any means, including but not limited to engaging in community, public or press relations activities; and
(6) attending or monitoring City meetings, hearings or other events.
(Added by Ord. No. 172,479, Eff. 4/10/99, Oper. 4/1/99.)
“Lobbying entity” means a lobbyist, lobbying firm or lobbyist employer, as defined in this article. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)
“Lobbying firm” means any entity, including an individual lobbyist, which receives or becomes entitled to receive $1,000 or more in monetary or in-kind compensation for engaging in lobbying activities (either personally or through its agents) during any consecutive three-month period, for the purpose of attempting to influence municipal legislation on behalf of any other person, provided any partner, owner, shareholder, officer or employee of the entity qualifies as a lobbyist. Compensation does not include reimbursement of or payment for reasonable travel expenses. An entity receives compensation within the meaning of this definition whether or not the compensation is received solely for activities regulated by this article or is received for other activities as well; however, only that portion of compensation received for the lobbying activities shall count toward the qualification threshold. An entity “becomes entitled to receive compensation” when the entity agrees to provide services regulated by this article, or performs those services, whether or not payment is contingent on the accomplishment of the client’s purposes. (Amended by Ord. No. 178,064, Eff. 1/15/07.)
“Lobbyist” (Amended by Ord. No. 178,064, Eff. 1/15/07.) means any individual who is compensated to spend 30 or more hours in any consecutive three-month period engaged in lobbying activities which include at least one direct communication with a City official or employee, conducted either personally or through agents, for the purpose of attempting to influence municipal legislation on behalf of any person.
Compensation does not include reimbursement of or payment for reasonable travel expenses. A person receives compensation within the meaning of this definition whether or not the compensation is received solely for activities regulated by this article or is received for both lobbying activities and other activities as well. However, only the compensation for the lobbying activities shall be calculated to determine whether an individual qualifies as a lobbyist. An individual “becomes entitled to receive compensation” when the individual or the entity in which the individual is an employee, partner, owner, shareholder or officer, agrees to provide services regulated by this article, or performs those services, regardless of whether payment is contingent on the accomplishment of the client’s purposes.
A lobbyist includes a person who owns an investment in a business entity if that person attempts to influence municipal legislation on behalf of the business entity and if the person acquires the investment as compensation for the person’s lobbying services or in contemplation of performing those services.
“Lobbyist employer” means an entity, other than a lobbying firm, that employs a lobbyist in-house to lobby on its behalf.
“Major filer” means any person who makes payments or incurs expenditures totaling $5,000 or more during any calendar quarter for public relations, media relations, advertising, public outreach, research, investigation, reports, analyses, studies, or similar activities, for the purpose of attempting to influence action on any proposed or pending matter of municipal legislation, if these payments or expenditures are not required to be reported on a lobbyist or lobbying firm quarterly report. A “major filer” does not include a lobbyist, lobbyist employer, or lobbying firm. Expenditures and payments for regularly published newsletters or other routine communications between an organization and its members shall not be counted for the purpose of this definition. (Amended by Ord. No. 172,479, Eff. 4/10/99, Oper. 4/1/99.)
“Municipal legislation” means any legislative or administrative matter proposed or pending before any agency (as defined in this article), including but not limited to those involving the granting, denial, revocation, restriction or modification of a license, permit or entitlement for use (including all land use permits) if the Mayor, the City Council, any of its committees, any agency board, commission, committee, or general manager, or any agency officer or employee charged by law with holding a hearing and making a decision, is charged by law with making a final decision on the matter. However, “municipal legislation” does not include any of the following:
(1) A request for advice or for an interpretation of laws, regulations, City approvals or policies, or a direct response to an enforcement proceeding with the City Ethics Commission.
(2) Any ministerial action. An action is ministerial if it does not require the City official or employees involved to exercise discretion concerning any outcome or course of action.
(3) Any action relating to the establishment, amendment, administration, implementation or interpretation of a collective bargaining agreement or memorandum of understanding between an agency and a recognized employee organization, or a proceeding before the Civil Service Commission or the Employee Relations Board. Further, it does not include management decisions as to the working conditions of represented employees that clearly relate to the terms of such collective bargaining agreement or memorandum of understanding. Nevertheless, “municipal legislation” does include any action relating to collective bargaining taken by the City Council, any of its committees or members (including the staffs of such members), or by the Mayor or the Mayor’s office.
(4) Preparation or compilation of any radius map, vicinity map, plot plan, site plan, property owners or tenants list, abutting property owners list, photographs of property, proof of ownership or copy of lease, or neighbor signatures required to be submitted to the City Planning Department. (Amended by Ord. No. 172,479, Eff. 4/10/99, Oper. 4/1/99.)
“Person” means any individual, business entity, trust, corporation, association, committee, or any other organization or group of persons acting in concert.
“Solicit” means to ask, personally or through an agent, that another person make a contribution to an elective City officer or candidate for City office, or to their controlled committee, including allowing one’s signature to be used on a written request for funds. For purposes of this article, a lobbying entity solicits a contribution only when the lobbying entity does so (i) at the behest of the elective City officer or candidate for elective City office, or their campaign treasurer, campaign manager, or member of their fundraising committee, or (ii) if the lobbying entity has informed the candidate or officer that the person is soliciting the contributions. A person does not solicit, however, by making a request for funds publicly to at least a majority of persons who attend any public gathering, or by making a request that appears published in a newspaper, on radio or television. (Added by Ord. No. 175,432, Eff. 9/28/03, Oper. 1/1/04.)