(1) Indirect Communication Disclosure. Whenever any person makes an expenditure for indirect communication for the purpose of disseminating or initiating a communication, such as a mailing, telephone bank, print or electronic media advertisement, billboard, publication or education campaign, the communication shall clearly and conspicuously state the name of the person who made or financed the expenditure for the communication.
(2) Political Committees. A lobbyist may not serve as a treasurer or other officer who must be included in a registration statement under Section 1624(b)(2) and (3) of The Pennsylvania Election Code, for a candidate's political committee or a candidate's political action committee if the candidate is seeking City elected office.
(3) Fee Restrictions. A lobbyist may not charge a fee or receive economic consideration based on a contract, either written or oral, that any part of the fee or economic consideration will be converted into a contribution to a candidate for public office or a political committee subject to reporting under Article XVI of The Pennsylvania Election Code.
(4) Falsification. A lobbyist, lobbying firm or principal may not, for the purpose of influencing legislative action or administrative action, transmit, utter or publish to a City official or employee a communication, knowing that the communication or a signature on the communication is false, forged, counterfeit or fictitious.
(5) Conflicts of Interest.
(a) Except as permitted by subsection (b), a registrant may not lobby on behalf of a principal on any subject matter in which the principal's interests are directly adverse to the interests of another principal currently represented by the lobbyist or previously represented by the lobbyist during the current four-year session of Council, or directly adverse to the lobbyist's own interests.
(b) A lobbyist may represent a principal in circumstances described in subsection (a) if:
(.1) the lobbyist reasonably believes that the lobbyist will be able to provide competent and diligent representation to each affected principal;
(.2) the lobbyist provides written notice to each affected principal upon becoming aware of the conflict; and
(.3) each affected principal provides written informed consent waiving the conflict of interest.
(c) If a lobbyist represents a principal in violation of this Section or if multiple representation properly accepted becomes improper under this Section and the conflict is not waived, the lobbyist shall promptly withdraw from one or more representations to the extent necessary for remaining representation to not be in violation of this Section.
(d) If a lobbyist is prohibited by this Section from engaging in particular conduct, an employer of the lobbyist or a partner or other person associated with the lobbyist may not engage in the particular conduct.
(e) A principal or lobbyist required to file an expense report under this Chapter shall include in the report a statement affirming that to the best of the principal's or lobbyist's knowledge the principal or lobbyist has complied with this Section.
(f) A lobbyist and principal shall maintain the records relating to the conflict of interest set forth in subsection (b) for a four-year period beginning on the date the conflict is discovered and provide copies of the records to the Board upon request.
(g) Complaints regarding violations of this subsection involving a lobbyist or principal who is an attorney at law shall be referred to the Disciplinary Board to be investigated, considered and resolved in a manner consistent with the Rules of Professional Conduct.
(6) Multiple Principals. Nothing in this Section shall be construed to require a lobbyist representing multiple principals who each have an interest in the budget process to comply with subsection (5)(c) unless a conflict of interest exists under subsection (5)(a).
(7) Contingent Compensation.
(a) A person may not compensate or incur an obligation to compensate a person to engage in lobbying for compensation contingent in whole or in part upon any of the following:
(.1) Occurrence, nonoccurrence or amendment of legislative action.
(.2) Occurrence, nonoccurrence or amendment of an administrative action.
(b) A person may not engage in or agree to engage in lobbying for compensation contingent in whole or in part upon any:
(.1) Occurrence, nonoccurrence or amendment of legislative action.
(.2) Occurrence, nonoccurrence or amendment of an administrative action.
(c) It shall not be a violation of this Chapter for an individual who is paid on a contingent or commission basis for the sale of goods or services to contact a City official or employee regarding the purchase by the City of such goods or services, provided that such individual is contacting only those City officials or employees who have responsibility for making purchasing decisions regarding such goods or services in the normal course. 98
(8) Unlawful Acts.
(a) A lobbyist or principal may not:
(.1) Instigate the introduction of legislation for the purpose of obtaining employment to lobby in opposition to that legislation.
(.2) Knowingly counsel a person to violate this Chapter or any other provision of this Code or of any Federal or State statute.
(.3) Engage in or counsel a person to engage in fraudulent conduct.
(.4) Attempt to influence a City official or employee on legislative or administrative action by making or facilitating the making of a loan to the City official or employee.
(.5) While engaging in lobbying on behalf of the principal, refuse to disclose to a City official or employee, upon request, the identity of the principal.
(.6) Commit a criminal offense arising from lobbying.
(.7) Influence or attempt to influence, by coercion, bribery or threat of economic sanction, a City official or employee in the discharge of the duties of office.
(.8) Extort or otherwise unlawfully retaliate against a City official or employee by reason of the City official's or employee's position with respect to or vote on administrative or legislative action.
(.9) Attempt to influence a City official or employee on legislative or administrative action by the promise of financial support or the financing of opposition to the candidacy of the City official or employee at a future election.
(.10) Engage in conduct that brings the practice of lobbying or the legislative or executive branches of City government into disrepute.
(.11) Make a material misstatement or omission on a registration statement or expense report filed with the Board pursuant to this Chapter. Provided, however, that if a lobbyist, lobbying firm, or principal learns that an already-filed registration statement or expense report included a material misstatement or omission and, within 15 days of learning the same, files an amended, corrected registration statement or expense report, it shall not be a violation of this Chapter; further provided, however, that this exception shall not apply in cases where the filer learns of the material misstatement or omission from the Ethics Board. 99
(b) The Board:
(.1) may, as it deems appropriate, refer an alleged violation of this subsection to any appropriate law enforcement agency for investigation and prosecution; and
(.2) shall, if the subject of the complaint is an attorney at law, refer an alleged violation of this subsection to the Disciplinary Board.
Notes
| 98 | Added, Bill No. 110556 (approved October 26, 2011). |
| 99 | Amended, Bill No. 110556 (approved October 26, 2011). |