Fresno Municipal Code Art. 12 Registration of Lobbyists

This article may be cited as the "Registration of Lobbyists Ordinance" of the City of Fresno.

(Added Ord. No. 95-73, § 1, eff. 10-20-95; Am. Ord. 2007-55, § 4, eff. 9-4-07).

(a) Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 of Chapter 1 of this Code shall govern the construction, meaning, and application of words and phrases used in this article. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(b) "Elective Officer" shall mean the Mayor and councilmembers acting in their capacity as (1) Mayor or councilmember; or (2) member of the Redevelopment Agency; or (3) member of any board, commission or committee created by the Charter, ordinance or resolution of Council.

(c) "Lobbyist" means any person who is employed or contracts for economic consideration, other than reimbursement for reasonable travel expenses, to perform lobbying services which shall include communicating directly or through his or her agents with any elective officer or staff member for the purpose of influencing, supporting, promoting, modifying, opposing, delaying or advancing any municipal legislation.

(d) "Municipal legislation" means resolutions, motions, appeals, applications, petitions, hearings, nominations, ordinances, amendments, and other matters pending, proposed, or which may eventually come before the Council.

(e) "Person" means an individual, proprietorship, firm, syndicate, committee, labor organization, joint venture, joint stock company, partnership, association, club, company, limited liability company, corporation, business trust, or any other organization or group of persons acting in concert.

(Added Ord. No. 95-73, § 1, eff. 10-20-95; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Every lobbyist shall register by filing a registration statement with the City Clerk no later than 10 days after accepting employment or contracting as a lobbyist.

(Added Ord. No. 95-73, § 1, eff. 10-20-95; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Each lobbyist required to file a registration statement under this article shall be charged a registration fee in the amount specified in the Master Fee Schedule designated in the Master Fee Resolution, as amended by the Council from time to time.

(Added Ord. No. 95-73, § 1, eff. 10-20-95; Am. Ord. 2007-55, § 4, eff. 9-4-07).

The registration statement of a lobbyist shall include:

(a) If the person is an individual, the full name, business address, telephone number, the name and address of his or her employer, if any, or his or her principal place of business if the person is self employed.

(b) For all those persons other than an individual registering hereunder, the full name, business address and telephone number of each person who will be providing lobbying services on behalf of the lobbyist.

(c) The full name and business address of each and every client for whom the lobbyist is employed or contracts to provide lobbying services.

(d) Any other information required by the Council consistent with the purposes and provisions of this article.

(Added Ord. No. 95-73, § 1, eff. 10-20-95; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Each registered lobbyist which will be conducting activities which require registration shall renew its registration annually by filing a registration statement with the City Clerk on or before April 1st of each year. Such lobbyist shall be charged a renewal of registration fee in the amount specified in the Master Fee Schedule except that lobbyists who file their initial registration within thirty days of April 1st shall not be required to renew their registration.

(Added Ord. No. 95-73, § 1, eff. 10-20-95; Am. Ord. 2007-55, § 4, eff. 9-4-07).

If any change occurs in any of the information contained in a registration statement, an appropriate amendment shall be filed with the City Clerk by the tenth day of the month following the month in which the change occurred. However, if the change includes the addition of the name of a client, the registration statement of the lobbyist shall be amended and filed to show that change prior to the lobbyist engaging in lobbying services as set forth in this article. Lobbyists which cease all activity which required registration shall file a notice of termination within 20 days after such cessation.

(Added Ord. No. 95-73, § 1, eff. 10-20-95; Am. Ord. 2007-55, § 4, eff. 9-4-07).

The provisions of this article are not applicable to:

(a) Any elected public official acting in his or her official capacity, or any governmental or public agency employee acting within the scope of his or her employment or any employee of the city acting upon terms and conditions of his or her employment.

(b) Any newspaper or other periodical of general circulation, book publisher, radio or television station (including any individual who owns, publishes, or is employed by any such newspaper or periodical, radio or television station) which in the ordinary course of business publishes news items, editorials, or other comments, or paid advertisement, which directly or indirectly urge action upon municipal legislation.

(c) A person when representing a bona fide church or religious society solely for the purpose of protecting the public's right to practice the doctrines of such church.

(d) An attorney acting on behalf of others in the performance of a duty or service, which duty or service lawfully can be performed for such other only by an attorney licensed to practice law in the State of California.

(e) A person who is a member or employee of any nonprofit organization when representing such nonprofit organization for the sole purpose of promoting the interest of such nonprofit organization, unless such employee is engaged primarily in lobbying services for such nonprofit organization.

(f) A person who is an employee of any business entity when representing such business entity for the sole purpose of promoting the interest of such business entity unless such employee is engaged primarily in lobbying services for such business entity.

(Added Ord. No. 95-73, § 1, eff. 10-20-95; Am. Ord. 2007-55, § 4, eff. 9-4-07).

The City Attorney may institute such legal action at such time as he or she deems necessary to prosecute, enjoin, or to redress a violation of any of the provisions of this article.

(Added Ord. No. 95-73, § 1, eff. 10-20-95; Am. Ord. 2007-55, § 4, eff. 9-4-07).

Nothing in this article shall exempt any person from, or excuse such person's non-compliance with applicable provisions of any other laws of the State or any other jurisdiction.

(Added Ord. No. 95-73, § 1, eff. 10-20-95; Am. Ord. 2007-55, § 4, eff. 9-4-07).