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(1) Enforcement. The Board shall have the power and duty to administer and enforce this Chapter, pursuant to the Board's powers and duties set forth in Section 20-606 of this Code and the regulations of the Board.
(2) Advice and Opinions. The Board shall provide an advisory opinion to a lobbyist, a lobbying firm, a principal, the Disciplinary Board or a City official or employee who seeks advice regarding compliance with this Chapter, or an individual or entity seeking to determine whether it is required to register and file expense reports pursuant to this Chapter. A person who acts in good faith based on an advisory opinion issued to that person by the Board shall not be held liable for a violation of this Chapter if the material facts are as stated in the request. 112
(3) Forms. All registration and reporting forms required to be filed under this Chapter shall be filed electronically, with electronic signature, and in such format as is required by the Board. The forms shall be available on the Board's official website. All information requested on the forms shall be provided to the best of the knowledge, information and belief of the person required to file and shall be signed under oath or equivalent affirmation.
(4) Public Inspection and Copying. The Board shall make completed registration statements, expense reports and notices of termination, which have been filed with the Board, available for public inspection and provide copies of these documents at a price not in excess of the actual cost of copying. The Board shall make all registrations and reports available on the Board's official website in a searchable format. Documents maintained and reproducible in an electronic format shall be provided in that format upon request.
(5) Annual Reporting.
(a) The Board shall report annually on lobbying activities in the City.
(b) The Board shall at least annually make available on its website a list of all of the following:
(.1) Registered principals. The Board shall identify affiliated political action committees and lobbying firms and lobbyists that are registered to lobby for each principal.
(.2) Lobbying firms and lobbyists not associated with lobbying firms. The Board shall identify affiliated political action committees and the principals for whom the lobbying firm or lobbyist is registered to lobby.
(.3) Registered lobbyists for each lobbying firm.
(6) Retention of Records. Completed registration statements, expense reports and notices of termination shall be available for public inspection with the Board for a four-year period commencing on the date of filing.
(7) Investigation and Hearings. The Board, through its executive director, may initiate an investigation and hold a hearing concerning an alleged violation of this Chapter by a lobbyist or principal.
(8) Directory. By August 1 of each odd-numbered year, the Board shall produce electronically and post on its website a directory of all registered lobbyists, including photographs and registered lobbying firms. Copies of the directory shall be made available to the public at a price not to exceed the actual cost of production.
Notes
| 112 | Amended, Bill No. 110556 (approved October 26, 2011). |
(1) Penalties for Violations.
(a) A person who violates this Chapter shall be subject to a civil penalty of up to two thousand dollars ($2,000).
(b) Notwithstanding subsection (a), above, failure to register or report as required by this Chapter is subject to a civil penalty not exceeding two hundred fifty dollars ($250) for each late day, provided that the total fines that may be imposed for failure to file a particular registration or report shall not exceed two thousand dollars ($2,000).
(c) In addition to any penalties imposed under this Chapter, the Board may prohibit a person from lobbying for economic consideration for up to five years for intentional violations of this Chapter. The Board shall not impose the prohibition under this subsection, subsection 20-1207(1)(c), unless the person has been afforded the opportunity for a hearing.
(d) The Board shall notify the Disciplinary Board of any lobbyist or principal who is an attorney at law against whom a civil penalty is imposed.
(2) Affirmative Defense. Any of the following is an affirmative defense to an action brought under this Chapter:
(a) The respondent relied on an advisory opinion issued to the respondent by the Board pursuant to subsection 20-1206(1).
(b) The respondent reasonably relied on notice under subsection 20-1203(2)(f).
(1) All persons required to be registered under this Chapter are also required to participate in training conducted by the Board of Ethics regarding the requirements of this Chapter and other relevant Sections of the Code, including Chapter 20-600. The training shall be in such form and at such frequency as the Board of Ethics shall require by regulation.