(a) Whenever used in this Chapter 1, “contact” means any communication, oral or written, including communication made through an agent, associate or employee, for the purpose of influencing local legislative or administrative action, except as provided in Subsections (b) and (c).
(b) The following activities are not “contacts” within the meaning of this Chapter 1.
(1) A representative of a news media organization gathering news and information or disseminating the same to the public, even if the organization, in the ordinary course of business, publishes news items, editorials or other commentary, or paid advertisements, that urge action upon local legislative or administrative matters;
(2) A person providing oral or written testimony that becomes part of the record of a public hearing; provided, however, that if the person making the appearance or providing testimony has already qualified as a contact lobbyist under this Chapter and is appearing or testifying on behalf of a client, the contact lobbyist’s testimony shall identify the client on whose behalf the contact lobbyist is appearing or testifying;
(3) A person performing a duty or service that can be performed only by an architect or a professional engineer licensed to practice in the State of California;
(4) A person making a speech or producing any publication or other material that is distributed and made available to the public, through radio, television, cable television, or other medium of mass communication;
(5) A person providing written information in response to an oral or written request made by an officer of the City and County, provided that the written information is a public record available for public review;
(6) A person providing oral or written information pursuant to a subpoena, or otherwise compelled by law or regulation;
(7) A person submitting a written petition for local legislative or administrative action, provided that the petition is a public record available for public review;
(8) A person making an oral or written request for a meeting, or any other similar administrative request, if the request does not include an attempt to influence local legislative or administrative action;
(9) A person appearing before an officer of the City and County pursuant to any procedure established by law or regulation for levying an assessment against real property for the construction or maintenance of an improvement;
(10) A person providing purely technical data, analysis, or expertise in the presence of a contact lobbyist;
(11) A person distributing to any officer of the City and County any regularly published newsletter or other periodical which is not primarily directed at influencing local legislative or administrative action;
(12) A person disseminating information or material on behalf of an organization or entity to all or a significant segment of the organization’s or entity’s employees or members;
(13) A person appearing as a party or a representative of a party in an administrative adjudicatory proceeding before a City agency or department;
(14) A person communicating, on behalf of a labor union representing City employees, regarding the establishment, amendment, or interpretation of a collective bargaining agreement or memorandum of understanding with the City, or communicating about a management decision regarding the working conditions of employees represented by a collective bargaining agreement or a memorandum of understanding with the City;
(15) A party or prospective party to a contract providing oral or written information in response to a request for proposals, request for qualifications, or other similar request, provided that the information is directed to the department or official specifically designated in the request to receive such information; negotiating the terms of the contract with the City after being selected to enter into the contract; or communicating in connection with the administration of an existing contract between the party and the City. For the purposes of this subsection (b)(15):
(A) A “party or prospective party” includes that party’s officers or employees; a subcontractor listed in the contract, bid, or proposal; or that subcontractor’s officers or employees. A “party or prospective party” does not include any other agent or associate, including any outside consultant or independent contractor.
(B) Communication “in connection with the administration of an existing contract” includes, but is not limited to, communication regarding: insurance and bonding; contract performance and/or default; requests for in-scope change orders; legislative mandates imposed on contractors by the City and County; payments and invoicing; personnel changes; prevailing wage verification; liquidated damages and other penalties for breach of contract; audits; assignments; and subcontracting. Communication “in connection with the administration of an existing contract” does not include communication regarding new contracts, or out-of-scope change orders.
(16) An officer or employee of a nonprofit organization or an organization fiscally sponsored by such a nonprofit organization communicating on behalf of their organization. For purposes of this subsection only, “nonprofit organization” means either an organization with tax exempt status under 26 United States Code Section 501(c)(3), or an organization with tax exempt status under 26 United States Code Section 501(c)(4) whose most recent federal tax filing included an IRS Form 990-N or an IRS Form 990-EZ, or an organization whose next federal tax filing is reasonably likely to include an IRS Form 990-N or an IRS Form 990-EZ.
(c) The following activities are not “contacts” for the purpose of determining whether a person qualifies as a contact lobbyist, but are “contacts” for purpose of disclosures required by this Chapter 1:
(1) A person providing oral information to an officer of the City and County in response to an oral or written request made by that officer;
(2) A person making an oral or written request for the status of an action; and
(3) A person participating in a public interested persons meeting, workshop, or other forum convened by a City agency or department for the purpose of soliciting public input.
(Added by Ord. 98-14
, File No. 130374, App. 6/26/2014, Eff. 7/26/2014; amended by Prop. C, App. 11/3/2015, Oper. 2/1/2016; re-enacted by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)