(Title and Section Amended by Ord. No. 169,916, Eff. 8/10/94.)
A. Audits. The City Ethics Commission shall have the authority to conduct audits of reports and statements filed pursuant to this article. Such audits may be conducted on a random basis or when the City Ethics Commission staff has reason to believe that a report or statement may be inaccurate or has not been filed.
B. Criminal Penalties.
1. Any person who knowingly or willfully violates any provision of this article is guilty of a misdemeanor. Any person who knowingly or willfully causes any other person to violate any provision of this article, or who knowingly or willfully aids and abets any other person in the violation of any provision of this article, is guilty of a misdemeanor.
2. Prosecution for violation of any provision of this article must be commenced within one year after the date on which the violation occurred.
3. No person convicted of a violation of this article may act as a lobbyist or otherwise attempt to influence municipal legislation for compensation for one year after such conviction.
C. Civil Enforcement.
1. Any person who knowingly violates any provision of Section 48.04 shall be liable in a civil action brought by the City Attorney. Any person who intentionally or negligently violates any other provisions of this article shall be liable in a civil action brought by the City Attorney. Failure to properly report any receipt or expenditure may result in civil penalties not to exceed the amount not properly reported, or $2,000, whichever is greater. Any other violation may result in civil penalties no greater than $2,000. If the court determines that a violation was intentional, the court may order that the defendant be prohibited from acting as a lobbyist or otherwise attempting to influence municipal legislation for one year.
2. In determining the amount of liability pursuant to this subsection, the court shall take into account the seriousness of the violation and the degree of culpability of the defendant.
3. If two or more persons are responsible for any violation, they shall be jointly and severally liable.
4. No civil action alleging a violation of this article shall be filed more than four years after the date the violation occurred.
D. Injunction. The City Attorney on behalf of the people of the City of Los Angeles may seek injunctive relief to enjoin violations of or to compel compliance with the provisions of this article.
E. Administrative Penalties. The City Ethics Commission may impose penalties and issue orders for violation of this article pursuant to its authority under Charter Section 706(c). (Charter Section No. Amended by Ord. No. 172,942, Eff. 1/21/00, Oper. 7/1/00.)
F. Late Filing Penalties. In addition to any other penalty or remedy available, if any person fails to file any report or statement required by this article, after any deadline imposed by this article, such person shall be liable to the City Ethics Commission in the amount of twenty-five dollars ($25) per day after the deadline until the statement or report is filed, up to a maximum amount of $500. Liability need not be enforced by the Commission if its Executive Officer determines that the late filing was not willful and that enforcement of the penalty would not further the purposes of this article. No liability shall be waived if a statement or report is not filed within 10 days after the Commission has sent specific written notice to the filer of the filing requirement.
G. Restriction on Person Who Violates Certain Laws. (Added by Ord. No. 171,142, Eff. 8/3/96.)
1. No person shall act or continue to act as a registered lobbyist or lobbying firm if, within the prior four years, that person has been found by the City Ethics Commission, in a proceeding pursuant to Charter Section 706, to have violated Charter Section 470(k) on any occasion. That determination shall be based either on a finding of the City Ethics Commission made after an administrative hearing or on a stipulation by the lobbyist or lobbying firm entered into with the City Ethics Commission within the previous four years. (Charter Section Nos. Amended by Ord. No. 172,942, Eff. 1/21/00, Oper. 7/1/00.)
2. If the City Ethics Commission makes a finding that the person has either (1) accepted responsibility for the violation in the form of having entered into a stipulation with the City Ethics Commission in which the party admits the violation, or otherwise exhibits evidence of having accepted such responsibility, or (2) mitigated the wrongdoing by taking prompt remedial or corrective action, then the City Ethics Commission may reduce the time period during which the above prohibition would apply to a period of not less than one year.
H. Contract Bidder Certification of Compliance With Lobbying Laws. (Amended by Ord. No. 179,934, Eff. 7/21/08.)
1. A bidder for a contract, as those terms are defined in Los Angeles Administrative Code Section 10.40.1, shall submit with its bid a certification, through a form prescribed by the Ethics Commission, that the bidder acknowledges and agrees to comply with the disclosure requirements and prohibitions established in the Los Angeles Municipal Lobbying Ordinance if the bidder qualifies as a lobbying entity under Section 48.02 of this article. An agency may permit the electronic submission of the form and the use of electronic signatures that comply with California’s electronic signature laws, but an agency may not alter the content of the form. The exemptions contained in Section 48.03 of this article and Los Angeles Administrative Code Section 10.40.4 shall not apply to this subsection. (Amended by Ord. No. 186,109, Eff. 6/13/19.)
2. Each agency shall include the Municipal Lobbying Ordinance in each invitation for bids, request for proposals, request for qualifications, or other solicitation related to entering into a contract with the City. The ordinance must be provided in at least 10-point font and may be provided on paper, in an electronic format, or through a link to an online version of the ordinance. The ordinance is not required to be printed in a newspaper notice of the solicitation.
3. This subsection does not apply to the renewal, extension, or amendment of an existing contract, as long as the solicitation for the original contract met the requirements in Paragraphs 1. and 2. above and the renewal, extension, or amendment does not involve a new solicitation.
4. For purposes of this subsection, “agency” does not include a state agency operating solely within the City such as the Community Redevelopment Agency or Los Angeles City Housing Authority.