Chapter 2.22 — LOBBYISTS

The purposes of this chapter are:

• A. To assure the independence, impartiality and integrity of City officials and designated employees in making governmental decisions and taking governmental actions.

• B. To prevent former City officials and designated employees from using their former positions with the City for personal gain.

• C. To prevent private for-profit business entities from obtaining a real or perceived unfair advantage in dealing with the City by hiring former officials and designated employees.

• (Ord. 5654-21-15)

For purposes of this chapter, the terms below shall have the following meaning:

“City official” means the Mayor and City Councilmembers.

“Commission” means any body created by the City Council whose members are required to file statements of economic interest pursuant to the Political Reform Act of 1974 as amended (Government Code Section 81000 et seq.).

“Employee” has the same meaning as set out in Title 20 of the Code of Federal Regulations § 404.1007(b).

“Lobbyist” means any individual who is compensated to engage in lobbying activities, which include at least one direct communication with a City official, City employee, or City commissioner conducted either personally or through agents, for the purpose of attempting to influence municipal legislation or any administrative action on behalf of any other person.

“Nonprofit organization” means an entity that would qualify as such under the Federal Internal Revenue Code and has engaged in programs or projects that have received financial or other formal support from the City Council within the past five years.

“Transitional services” means services involving technical or specialized knowledge required to complete a project or to provide temporary consulting services to the City.

“Work” means any activity for which compensation is received from any source, including compensation received as an independent contractor. Work includes the supervision or direction of others performing work. Work for the City also includes any action of any sort whatsoever taken in one’s official capacity. Service by a City official or designated employee on any type of board, committee or similar body as a representative of the City is deemed to be work for the City.

(Ord. 5654-21-15)

No City official or designated employee, for one year after terminating City employment, may:

• A. Work on any legislative or administrative matter on which the official or employee worked on behalf of the City during the 12 months prior to termination of service, or which was within the former City official’s or designated employee’s area of job responsibility. “Work on any legislative or administrative matter” includes, but is not limited to, providing advice or recommending any action with regard to a City legislative or administrative matter such as a project involving land use, development, or public works. Legislative matters include City Council or commission actions related to ordinances, resolutions, agreements, permits or licenses.

• B. Represent anyone else on any matter, whether or not for compensation, before the City Council, or any commission thereof, any individual member of the City Council, or commission, or any staff of the City.

• C. Receive any gift or payment from any person who was, in any way, involved in or affected by the work of the official or employee during the 12 months prior to the termination of service.

• (Ord. 5654-21-15)

No former member of any City commission may, for one year after leaving the commission, represent anyone else, whether or not for compensation, before the commission on which the former member served.

(Ord. 5654-21-15)

The following persons are not subject to the prohibitions of this chapter:

• A. An employee or volunteer of a bona fide nonprofit organization of the State of California;

• B. An employee or official of a government entity;

• C. An independent contractor of the City where it has been determined that it is in the best interest of the City to retain the former official or employee to provide transitional services. Such determination will be made by the person or body authorized to enter into such a contract. In such event, the City will contract directly with the former official or employee. The rate of compensation for such services must not exceed the former official’s or employee’s rate of pay, including benefits, at the time City service terminated.

• (Ord. 5654-21-15)

Lobbyists shall register with the City Clerk within 15 days after qualifying as a lobbyist under Section 2.22.015(D) of this chapter, and shall file the required annual registration information pursuant to Section 2.22.080 of this chapter. No lobbyist shall engage in lobbying unless he or she is registered with the City Clerk.

(Ord. 5654-21-15)

A lobbyist shall renew his or her registration by January 15th of each year unless he or she has terminated their status as a lobbyist pursuant to Section 2.22.070 of this chapter on or before

January 15th. (Ord. 5654-21-15)

A person or entity that was registered as a lobbyist shall be deemed to be a lobbyist for the purposes of this chapter until such time as that person or entity files a declaration with the City Clerk attesting to the termination of lobbying services within the City. The declaration shall be executed on a form prescribed by the City Clerk for that purpose, and shall be filed with the City Clerk within 30 days of the termination of lobbyist status. (Ord. 5654-21-15)

The initial and subsequent annual registration shall be in a format prescribed by the City Clerk, and shall contain the following information:

• A. The name, business address, and telephone number of all persons required to register as a lobbyist under this chapter. The registrant shall inform the City Clerk, in writing, within 15 days, of any change in address or telephone number. Any business entity or other organization registering under this chapter shall also briefly describe the nature of its business or organization.

• B. The name, business address and telephone number of each client, the nature of each client’s business, and the item(s) of legislative or administrative action that the lobbyist is seeking to influence on behalf of the client; and the name of each person employed or retained by the lobbyist, if any, to lobby on behalf of the client.

• (Ord. 5654-21-15)

Before voting on any action, elected officials shall disclose all contacts that they have had in the past one year with any registered lobbyists related to a legislative or administrative action before voting on such action.

(Ord. 5654-21-15)

The provisions of this chapter will not prevent a former City official or designated employee from testifying as a percipient witness in any legal proceeding. (Ord. 5654-21-15)

The City Council may waive the prohibitions of this chapter if the City Council finds that such waiver is in the best interest of the City and that such waiver is consistent with the purposes of this chapter.

(Ord. 5654-21-15)

• A. The City Attorney may conduct inquiries or investigate complaints of violations of this chapter. The City Attorney may seek judicial relief to enjoin violations of or to compel compliance with the provisions of this chapter.

• B. A current or former City official, designated employee or person who is subject to the provisions of this chapter may request a formal written opinion from the City Attorney and may reasonably rely on such advice in order to comply with the requirements of this chapter. Before such opinion is rendered, such official or employee must fully cooperate with the City Attorney in disclosing facts and information in order to prepare the formal opinion.

• C. Any person may file a complaint alleging a violation of this chapter with the office of the City Clerk.

• D. The City Attorney may put persons on notice of a potential violation of the requirements of this chapter, whether or not a complaint is filed with the City Clerk.

• (Ord. 5654-21-15)

• A. Any violation of any of the provisions of this chapter shall constitute a misdemeanor violation and upon conviction thereof any violation shall be punishable by a fine not to exceed $1,000, or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.

• B. In lieu of issuing a misdemeanor citation, the City may issue an administrative citation, and/or assess an administrative fine of up to $1,000 for each violation of this chapter pursuant to the procedures set forth in Title 4.

• C. A separate offense occurs for each day any violation of this chapter is continued and/or maintained.

• D. The remedies provided herein are not to be construed as exclusive remedies, and in the event of violation, the City may pursue any proceedings or remedies otherwise provided by law.

• (Ord. 5654-21-15)