Hawthorne Municipal Code Ch. 9.102 Municipal Lobbying

A. Registration. Within ten days of first becoming a city lobbyist, lobbying firm or lobbyist employer, that person or entity shall file with the city clerk the necessary completed registration forms supplied by the city clerk. The registration forms submitted to the city clerk shall be accompanied by payment of the appropriate fee or fees.

B. Acceptable Methods of Registering. A registration is deemed acceptable if it is originally signed by the registrant and mailed via the U.S. Mail, guaranteed overnight delivery service, or hand delivered to the city clerk's office. A registration is not acceptable if it is filed with the city clerk's office via fax equipment.

(Ord. 1673 § 1, 1999)

Administrative testimony.

Administrative testimony means appearing as an attorney or advocate representing a party to an administrative proceeding the decision of which is reviewable by a court pursuant to Code of Civil Procedure Section 1094.5. Time spent representing clients in such formal quasi-judicial administrative proceedings should not be counted in evaluating the level of lobbying activities to determine whether a person meets the "substantial" or "regular" test. Administrative testimony does not refer to public hearings of the type often held by the city council to receive public comment on matters pending before the city council.

City official.

City official includes a member of the city council, the city manager, chief of police, treasurer, the city attorney, a city commissioner, and any other city officer or employee whose duties are not primarily clerical or manual.

Direct communication.

Direct communication includes appearing as a witness before, talking to (either by telephone or in person), corresponding with, or answering questions or inquiries from, any city official, either personally or through an agent who acts under one's direct supervision, control or direction. Direct communication does not include any request for or provision of purely technical data or analysis to a city agency by a person who does not otherwise engage in direct communication for the purpose of influencing official city action.

Lobbyist.

A lobbyist is an individual who is employed, contracts or otherwise receives compensation, other than reimbursement for reasonable travel expenses, to communicate directly, or through agents, employees or subcontractors, with any city official for the purpose of influencing official action, if a substantial or regular portion of the activities for which he or she receives such compensation is for the purpose of influencing official action.

To determine whether or not the activities for which an individual is compensated for the purpose of influencing official city action constitute "substantial" or "regular," two tests shall be applied. A person who meets the requirements of either test shall be considered a lobbyist.

Lobbyist employer.

A person or entity, other than a city lobbying firm, who, for economic consideration other than reimbursement for reasonable travel expenses, either employs one or more city lobbyists or contracts for the services of a city lobbyist or city lobbying firm for the purpose of influencing official city action.

Official city action.

Official city action means the drafting, introduction, consideration, modification, enactment or defeat of any city ordinance or city council motion or resolution, or the granting or denial of any city contract, permit, grant, license or franchise. However, official city action does not include a request for advice or for an interpretation of laws, regulations, city approvals or policies.

Influencing official city action.

Influencing official city action means promoting, supporting, modifying, opposing or delaying any official action by any means, including but not limited to the provision or use of information, statistics studies or analyses. Influencing official city action does not include actions strictly limited to compliance of formal city requirements for approval or granting of a city contract, permit, grant, license or franchise.

(Ord. 1673 § 1, 1999)

All city departments are to identify individuals and entities who may be subject to this ordinance and to advise them of the information contained in the ordinance. Departments are to make a reading copy of the ordinance available. Department heads are to post signs at each location where people who are potentially subject to its provisions are likely to contact the department. Departments must revise appropriate forms to include a signed certification by contractors and applicants for permits, licenses, grants, and franchises that they are familiar with the requirements of Chapter 9.90 of the Hawthorne Municipal Code.

(Ord. 1673 § 1, 1999)

It is unlawful for a city lobbyist or city lobbying firm to accept or agree to accept any payment in any way contingent upon success by the city lobbyist or city lobbying firm in influencing official action.

This section prohibits any arrangement whereby a contract lobbyist or lobbying firms' compensation for a particular lobbying effort is specifically contingent upon success in that effort.

This section is not intended to prohibit an in-house lobbyist of a lobbyist employer, including a company sales representative who qualifies as a lobbyist, from participating in a company profit sharing plan or from receiving a sales commission, when a portion of his or her employer's profit or sales volume is generated from business done with the city.

(Ord. 1673 § 1, 1999)

A. If a lobbyist or lobbyist employer fails to register by the deadline imposed under the terms of this lobbyist ordinance, the city clerk shall send a notice that he or she is not in compliance with the lobbying ordinance. The notice shall include a warning that he or she will be subject to a fine of two hundred fifty dollars if the registration is not filed within thirty days of the date of the letter.

B. If a person or entity fails to register by the date specified pursuant to subsection A of this section, the city clerk shall send the person or entity a letter notifying him or her of all potential penalties and requiring compliance within fourteen days of the date of the letter.

C. If a person or entity fails to file the required registration with the city clerk by the date specified pursuant to subsection B of this section, the city clerk shall send a letter notifying him or her that a fine of two hundred fifty dollars has been assessed and that the person or entity may be subject to additional penalties at the discretion of the city council, including an additional fine of up to two thousand dollars, if the registration and payment of the two hundred fifty dollar fine are not submitted to the city clerk within fourteen days after the date of the letter.

D. If the person or entity fails to register pursuant to the deadline prescribed in subsection C of this section, the city clerk shall submit a report to the city council stating the facts surrounding the filer's failure to comply with this chapter and recommending appropriate sanctions in accordance with this chapter.

If a filer files his registration late pursuant to subsection C of this section, but fails to pay the two hundred fifty dollar fine assessed by the city clerk, the city clerk shall place the matter before the city council pursuant to subsection D.

(Ord. 1673 § 1, 1999)

A. Quarterly Reports. Lobbying firms (including sole proprietors) and lobbyist employers shall file quarterly reports with the city clerk by the 20th day of the month following the close of the calendar quarter. Quarterly reports shall be filed on forms provided by the city clerk in accordance with the instructions accompanying the forms.

B. Mailed Reports. The city clerk shall mail the necessary report forms to each entity registered with the city council. Failure of the city clerk to mail the necessary report forms shall not relieve that person or entity of any reporting responsibilities the person or entity may have under this chapter.

The forms will be mailed by the end of the quarterly report period. Individuals and entities that register within that last week of the reporting period will receive their quarterly report documents within the following week.

C. Timely Reports. Any lobbying firm (including a sole proprietor) or lobbyist employer who does not submit a timely report is not in compliance with this lobbyist ordinance. When a report is properly addressed to the city clerk and has been sent first-class mail or by guaranteed overnight delivery service it shall, for purposes of any deadline, be deemed to have been received on the date of the deposit in the mail. It shall be presumed, until the contrary is established, that any date stamped by the post office or guaranteed overnight delivery service on the envelope containing the report or statement is the date it was deposited in the mail. Mail which is not received by the city clerk shall be presumed not to have been sent unless the filer possesses a post office receipt or receipt from a guaranteed overnight delivery service establishing the date of deposit and the name and address of the addressee.

D. Reporting Payments to Lobbyists and Lobbying Firms by Lobbyist Employers. All payments to lobbying firms and lobbyists made by lobbyist employers in connection with attempts to influence official actions of the city shall be reported by the lobbyist employer on the quarterly report covering the period during which the payment was made. Similarly, lobbyists and lobbying firms shall report all payments received from a lobbyist employer on the quarterly report covering the period during which the payment was made. Only that portion of a payment to a lobbyist or lobbying firm which includes fees and expenses related to influencing official action of the city need be reported. Any portion of payments to lobbyists and lobbying firms, which are in no way related to influencing official action of the city, should not be included. Lobbyists, lobbying firms and lobbyist employers shall keep records in order to be able to demonstrate how the reported figures were calculated.

E. Deleting or Ceasing Activities Relative to Lobbying. When a city lobbying firm or city lobbyist employer ceases all activities related to influencing official action, this fact shall be indicated in the last quarterly report filed.

(Ord. 1673 § 1, 1999)

A. If a person or entity fails to file a report by the deadline, the city clerk shall send the filer a notice that he or she is not in compliance with the lobbyist ordinance and notify the filer that he or she will be subject to a fine of two hundred fifty dollars if the report is not filed within ten days from the date of the letter.

B. If a filer fails to file his or her report with the city clerk by the date specified pursuant to subsection A, the city clerk shall send the filer a letter notifying him or her that a fine of two hundred fifty dollars has been assessed and that the filer may be subject to additional penalties at the discretion of the city council, including an additional fine of two thousand dollars, if the quarterly report and payment of the two hundred fifty dollar fine are not submitted to the city clerk within fourteen days after the date of the letter.

C. If the filer fails to file pursuant to the deadline prescribed in subsection B, the city clerk shall submit a report to the city council stating the facts surrounding the filer's failure to comply with this chapter and recommending appropriate sanctions in accordance with this chapter.

(Ord. 1673 § 1, 1999)

The city clerk shall make available to the public copies of the registration statements and completed quarterly activity reports. Copies of the current reports are available in the city clerk's office.

(Ord. 1673 § 1, 1999)

A. An amendment to the registration must be filed along with a fee of fifteen dollars within ten days for the following changes:

1. Lobbying firm adding a new lobbyist or lobbyist employer adding a new in-house employee lobbyist. (See also subsection B below)

2. Lobbying firm adding lobbyist employer/client. The lobbying firm is prohibited from representing the new client until the amendment to the registration is complete and filed with the city clerk.

3. Lobbying firm deleting a lobbyist employer/client.

4. Registered lobbyist employer adding a lobbying firm.

5. Registered lobbyist employer/client deleting a lobbyist firm.

6. Lobbying firm or lobbyist employer deleting a lobbyist.

7. Changes to the registration, such as changing the responsible officer, address, or telephone number.

B. To add a lobbyist to a currently registered lobbying firm or to add an in-house employee lobbyist of a currently registered lobbyist employer pursuant to subsection (A)(1) above, an additional registration fee of thirty-five dollars is required for each lobbyist to be added.

(Ord. 1673 § 1, 1999)

Any person may file a charge with the city clerk that any lobbyist, lobbying firm, lobbyist employer or other person or entity has violated any provision of this chapter. The violation of this chapter must be in writing and must be specific in nature. The city clerk shall not investigate oral or anonymous allegations. If the city clerk deems it advisable, he may refer the matter to the city manager for investigation of the allegations. Upon completion of the investigation, the city clerk shall make recommendations for appropriate action to the city council.

(Ord. 1673 § 1, 1999)