EMPLOYER. Any person who, directly or indirectly, engages a lobbyist. This shall include associations, coalitions, or public interest entities. In the case of a business other than a sole proprietorship or self-employed individual, it means the business entity, and not an individual officer, director, or employee thereof.
ENGAGE or ENGAGEMENT. The making of any arrangement by which an individual is employed or retained for compensation to act for or on behalf of an employer.
EXPENDITURE. Any of the following that is made to, at the request of, for the benefit of, or on behalf of any Metro Officer, any candidate for an elected Metro office, or any member of the immediate family or staff of any of those officials:
(1) A payment, distribution, loan, advance, deposit, transfer, reimbursement, or gift of money, real estate, or anything of value, including, but not limited to, food and beverages, entertainment, lodging, transportation, or honoraria;
(2) A contract, promise, agreement, or other obligation, whether or not legally enforceable, to make an expenditure; or
(3) The purchase, sale, or gift of services or any other thing of value.
EXPENDITURE does not include a contribution, gift, or grant to a foundation or other charitable organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code.
EXPENDITURE does not include the purchase, sale, or gift of services or any other thing of value that is available to the general public on the same terms as it is available to the persons listed in this subsection.
EXPENDITURE does not include contributions to the campaign of an announced candidate for elective public office as governed by applicable provisions of the Kentucky Revised Statutes.
FINANCIAL TRANSACTION. A transaction or activity that is conducted or undertaken for profit and arises from the joint ownership, ownership, or part ownership in common of any real or personal property or any commercial or business enterprise of whatever form or nature between the following:
(1) A lobbyist, his or her employer, or a member of the immediate family of the lobbyist or his or her employer; and
(2) Any Metro Officer, candidate for elected Metro office, or any member of the staff of any Metro Officer or candidate.
FINANCIAL TRANSACTION does not include any transaction or activity described in this definition if it is available to the general public on the same or similar terms and conditions, or is the result of a competitive bidding process.
IMMEDIATE FAMILY MEMBER. An individual with any of the following relationships to the Metro Officer: spouse, domestic partner, a child who is not emancipated and who resides in the officer's or employee's household, or a person claimed by the officer or employee, or the officer's or employee's spouse or domestic partner, as a dependent for tax purposes.
LOBBYING.
(1) Direct communication with any Metro Officer or the staff of a Metro Officer for the purpose of influencing official decisions or official actions regarding:
(a) The proposal, drafting, development, consideration, promulgation, amendment, rejection, or repeal of a rule, regulation, or policy;
(b) The passage, modification, defeat, or executive approval or veto of any legislation; or
(c) Financial arrangements under which public funds are distributed or allocated by a Metro Officer or any member of the staff of a Metro Officer; or
(d) The spending of public funds with respect to the award of a contract or lease.
(2) For the purposes of this chapter, LOBBYING does not include:
(a) Initial communication by an individual with a Metro Officer or the staff of that Officer, so long as the individual making contact has not previously been registered under this subchapter as a lobbyist and is not employed by an employer that is required to register under this subchapter. However, any further direct communication between that individual and a Metro Officer or the staff of that Officer which meets subsections (1)(a - d) of this definition and is not excluded under subsections (2)(b - i) of this definition shall constitute lobbying under this subchapter;
(b) Communications about ordinary and routine operational issues or ordinary and routine permitting, licensing, or compliance decisions with Metro Officers or the staff of those Metro Officers;
(c) The application or negotiation of an award for any state or federal grant;
(d) The resolution of any outstanding tax matter, including audits, assessments, administrative appeals, claims for refund, or collection activity;
(e) Communication regarding the award of incentives related to an economic development project, where no previous public disclosure has been made of the business' interest in locating in, relocating within, or expanding within Metro Louisville;
(f) Paid advertising communications that are disseminated to the general public;
(g) Any communications or testimony, oral or written, submitted during a public hearing or meeting;
(h) A response to a request for proposal, a bid, a request for quote, or other solicitation issued by an agency in conformance with applicable procurement codes or rules promulgated thereunder;
(i) Other public or private testimony or communications solicited by a Metro officer or member of that officer's staff;
(j) Action or communication made as a member of an advisory body of Metro Government authorized to make only nonbinding recommendations;
(k) Communications from a person appearing publicly before a Metro officer for the purpose of determining that person's legal rights or obligations in a contested case action or administrative proceeding; communications from a licensed attorney directly representing that person in that contested case or administrative proceeding; or communications from a consultant providing expertise on technical matters underlying that case or proceeding; or
(l) Communications about community issues which might require appropriations of $25,000 or less if the potential appropriation benefits two or more persons or entities. Examples of such appropriations include, without limitation, speed humps and streetlights.
LOBBYIST. Any person engaged to conduct lobbying for an employer. This includes individuals employed or engaged by associations, coalitions, or public interest entities to spend a portion of that individual's time influencing the decisions of Metro Officers.
LOBBYIST does not include:
(1) Any person who limits his or her lobbying activities to appearing before public meetings or submitting public comments to an agency;
(2) A private citizen who expresses a personal opinion, petitions an agency for the redress of grievances, or who assembles together with other private individuals, and who receives no compensation for lobbying other than "lost time" from work payments and reimbursement or payment of reasonable travel expenses; or
(3) An elected or appointed officer or employee of a federal, state, or local governmental agency, or of a political subdivision, who attempts to influence a Metro Officer in his or her fiduciary capacity as a representative of his or her agency, public college or university, or political subdivision.
(Lou. Metro Ord. No. 168, approved 11-16-2022)