Lake Forest Municipal Code Ch. 2.18 City Lobbyists

The City Council declares and finds as follows:

A. City government functions to serve the needs of all citizens.

B. The citizens of the City are entitled to a City government led by individuals who are singularly motivated by the interests of the City, its residents, and its businesses.

C. The special trust and confidence of the City's citizens should not be used by the City's elected officials to serve as professional lobbyists for other interests unrelated to the City before other government agencies in Orange County.

(Ord. 261 § 1, 2014)

For purposes of this chapter, the following words and phrases shall have the meanings set forth below, unless the context requires otherwise. Other terms used in this chapter shall have the meanings set forth in the California Political Reform Act of 1974, as amended, and in the regulations of the California Fair Political Practices Commission, as amended, if defined therein.

"Client"

means any person on whose behalf lobbying is conducted. In the case of a coalition or association that employs or retains persons to conduct lobbying activities, the client is the coalition or association and not its individual members.

"Compensation," or "compensated employment or service,"

means money or any other thing of value that is received, or is to be received, in return for, or in connection with, lobbying services rendered, or to be rendered, including reimbursement of expenses incurred in lobbying. Compensation includes the financial gain that a person may realize as a result of the determination of a governmental decision, including gains in the form of a contingent fee. If a lobbyist engages in both lobbying activities and other activities on behalf of a person, compensation for lobbying includes all amounts received from that person, if for the purpose of evading the obligations imposed by this chapter, the lobbyist has structured the receipt of compensation in a way that unreasonably minimizes the value of the lobbying activities. Compensation which has not yet been received is considered to be received on the date that it is earned, if that date is ascertainable; otherwise, it is received on the date on which the contract or agreement for the client is made, or on the date lobbying commences, whichever is first.

"Elected City official"

includes the Mayor, Mayor Pro Tem, and members of the City Council of the City of Lake Forest.

"Governmental decision"

means a public policy issue of a discretionary nature pending before a public official or deliberative body of a public agency, including, but not limited to, proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, reports, regulations, policies, nominations, appointments, sanctions, and bids, including the adoption of specifications, awards, grants, or contracts.

"Lobby" or "lobbying,"

except as provided below, means any oral or written communication (including an electronic communication) to a public official made directly or indirectly by any person in an effort to influence or persuade an official to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any governmental decision. The terms "lobby" or "lobbying" do not include a communication:

Merely requesting information or inquiring about the facts or status of any governmental decision, matter, or procedure, and not attempting to influence a public official;

Made by a public official or employee (including, but not limited to, an official or employee of the City) acting in his or her official capacity;

Made in the course of, or in connection with the gathering, preparation or dissemination of news, information or commentary to the public, or in connection with a governmental decision's possible effect upon or relevance to the media's right or ability to engage in such conduct;

Made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, or any other medium of mass communication;

Made in the form of a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding;

Made in writing as a petition for official action and required to be a public record pursuant to established agency procedures;

Made in writing to provide information in response to an oral or written request by a public official for specific information, the content of which is compelled by law;

Made in response to a public notice soliciting communications from the public and directed to the official specifically designated in the notice to receive such communications;

Made on behalf of an individual with regard to that individual's employment or benefits;

Made by a fact witness or expert witness at an official proceeding; or

Made by a person solely on behalf of that individual or his or her relative.

"Lobbying firm"

means:

A self-employed lobbyist; or

A person that has one or more employees who are lobbyists on behalf of a client or clients other than that person.

"Lobbyist"

means a person who engages in lobbying, whether directly or through the acts of another. If an agent engages in lobbying for a principal, both the agent and the principal are lobbyists. A lobbyist includes, but is not limited to, an in-house employee who engages in lobbying for his or her employer or for a client of the employer, and a land use project applicant who is not the record owner of the subject real property.

"Person"

means an individual, business entity, trust, corporation, association, firm, partnership, committee, club, or any other organization or group of persons acting in concert.

(Ord. 261 § 1, 2014)

Because of their uniquely important, visible, and elevated status and responsibilities as officeholders, an elected City official shall not engage in compensated employment or service for the purpose of lobbying for any private person before any local public agency (County, City or special district) located in the County of Orange. This section shall not apply to a person's lobbying in the same manner as any other member of the general public to represent him or herself on a matter which is related to his or her personal interests, as permitted under the California Political Reform Act of 1974.

(Ord. 261 § 1, 2014)