Long Beach Municipal Code Ch. 2.08 Lobbyists

Unless the term is specifically defined in this Chapter or the contrary is stated or clearly appears from the context, the definitions set forth in Government Code Sections 81000 et seq., shall govern the interpretation of this Chapter.

(ORD-10-0006 § 1, 2010)

For the purposes of this Chapter, the following definitions shall be applicable:

A. "Activity expense" means any payment made by a lobbyist to or directly benefiting any City official, City official-elect or member of his or her immediate family. Activity expenses include gifts, honoraria, consulting fees, salaries and any other form of compensation, but do not include campaign contributions.

B. "Administrative action" means the proposal, drafting, development, consideration, advocacy or recommendation of any rule, regulation, agreement or contract, permit, license or hiring action.

C. "City official" means any public official, legislative staff member or City employee who participates in the consideration of any legislative or administrative action other than in a purely clerical, secretarial or ministerial capacity. It shall also include any City board or commission member, or City representative to any joint powers authority to which the City is a party, and any consultant to the City.

D. "Consultant" means an individual who, pursuant to a contract with the City:

1. Makes a governmental decision whether to:

a. Approve a rate, rule or regulation;

b. Adopt or enforce a law;

c. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

d. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract which requires City approval;

e. Grant City approval to a contract which requires City approval and in which the City is a party or to the specifications for such a contract;

f. Grant City approval to a plan, design, report, study or similar item;

g. Adopt or grant City approval of policies, standards or guidelines for the City, or for any subdivision thereof.

2. Serves in a staff capacity with the City and in the capacity performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.

E. "Client" means a person who is represented by a lobbyist.

F. "Compensation" includes, but is not limited to, money of any denomination or origin; goods or services or anything of value, delivered or rendered; or promises to perform or provide services or contractual arrangements or awards.

G. "Gift" means gift as defined in the California Political Reform Act, Government Code Section 81000 et seq., as amended from time to time.

H. "Influencing" means the purposeful communication, either directly or through agents, promoting, supporting, modifying, opposing, causing the delay or abandonment of conduct, or otherwise intentionally affecting the behavior of a City official or official-elect, by any means, including, but not limited to, providing or using persuasion, information, incentives, statistics, studies or analyses; excepted from this definition is communication made as a part of a noticed governmental public meeting.

I. "Legislative action" means the drafting, introduction, consideration, modification, enactment or defeat of any resolution, ordinance, amendment thereto, report, nomination or other action of the Mayor, City Council, Redevelopment Agency of the City of Long Beach, Housing Authority of City of Long Beach, any joint powers authority of which the City is a party, or City board or commission, acting in its official capacity.

J. "Lobbying" is the influencing or attempting to influence a legislative or administrative action of the City.

K. "Lobbyist", unless exempt under Subsection 4. hereunder, means:

1. Contract lobbyist. A person who engages in lobbying on behalf of one (1) or more clients (acting individually or through agents, associates, employees or contractors) and who has received or has entered into an agreement for compensation of three thousand two hundred dollars ($3,200.00) or more ("threshold compensation") for engaging in lobbying during any consecutive three (3) month period;

2. Business or organization lobbyist. Any business or organization, whose owner(s), officer(s) or employee(s) carry out lobbying on its behalf, in an aggregate amount of fifty (50) hours or more within any three (3) month period, whether or not such officers or employees are specifically compensated to engage in lobbying; provided that the activities of officers shall be considered lobbying only if those officers receive compensation by the business or organization beyond reimbursement for their reasonable, travel, meals or incidental expenses; or

3. Expenditure lobbyist. A person who makes payments or incurs expenditures of five thousand dollars ($5,000.00) or more during any calendar year in connection with carrying out public relations, advertising or similar activities with the intent of soliciting or urging, directly or indirectly, other persons to communicate directly with any City official in order to attempt to influence legislative or administrative action. The five thousand dollars ($5,000.00) threshold shall not include:

a. Compensation paid to contract lobbyists or employees for lobbying; or

b. Dues payments, donations, or other economic consideration paid to an organization, regardless of whether the dues payments, donations or other economic consideration are used in whole or in part to lobby.

4. Exemptions to "lobbyist" are:

a. Any public official acting in his or her official capacity or acting within the scope of his or her employment or appointment;

b. The media, when limiting its action to the ordinary course of news gathering or editorial activity, as carried out by members of the press. "Media" shall mean newspapers or any other regularly published periodical, radio or television station or network or information published on the internet. This exemption shall also apply to neighborhood newsletters, flyers or gazettes;

c. Persons reimbursed for only their reasonable travel, meals or incidental expenses, including but not limited to, uncompensated members or directors of nonprofit organizations such as chambers of commerce;

d. Persons whose communications regarding any legislative or administrative action are limited to appearing or submitting testimony at any public meeting held by the City or any of its agencies, offices, or departments, as long as the communications thereto are public records available for public review. Notwithstanding the foregoing, persons who otherwise qualify as lobbyists must register and disclose their lobbying activities directed toward City officials, in the same manner and to the same extent such registration and disclosure is required of all other lobbyists;

e. Persons submitting bids or responding to requests for proposals, provided the provision of such information is limited to direct conversation or correspondence with the official or department specifically designated to receive such information;

f. Persons providing oral or written information pursuant to a subpoena or otherwise compelled by law or regulation, or in response to an official request provided that the request and response thereto are public records available for public review;

g. Persons whose communications relate to:

(i) The establishment, amendment, administration, implementation or interpretation of a collective bargaining agreement or a memorandum of understanding between the City and a recognized employee association.

(ii) Management decisions as to the working conditions of represented employees that clearly relate to the terms of a collective bargaining agreement or memorandum of understanding between the City and a recognized employee association.

(iii) Proceedings before the City's Civil Service Commission.

h. Board members or employees of nonprofit 501(c)(3) corporations;

i. Members of neighborhood associations or project area committees;

j. Board members and employees of organizations representing City business improvement districts.

L. "Organization" means any person that is not an individual.

M. "Person" means any individual, domestic or foreign corporation, for-profit or nonprofit entity, firm, association, syndicate, union, chamber of commerce, joint-stock company, partnership of any kind, limited liability company, common-law trust, society, or any other group of persons acting in concert.

(ORD-10-0006 § 1, 2010)

Lobbyists shall register with the City Clerk within fifteen (15) days after qualifying as a lobbyist under Section 2.08.020.

(ORD-10-0006 § 1, 2010)

A lobbyist shall renew his or her registration by January 15 or each year unless he or she has terminated their status as a lobbyist pursuant to Section 2.08.050, by such date.

(ORD-10-0006 § 1, 2010)

After initial registration, annual registration renewal will not be required if a declaration attesting to the termination of lobbying services within the City has been filed with the City Clerk no later than January 15.

(ORD-10-0006 § 1, 2010)

All registrations, renewals and terminations will be deemed filed on the date received by the City Clerk. A lobbyist shall be deemed active for the duration of the year of registration ending December 31, unless a declaration attesting to termination of lobbying services within the City is filed.

(ORD-10-0006 § 1, 2010)

Persons subject to the registration requirements of this ordinance shall pay an annual fee set by resolution of the City Council. Persons registering for the first time after June 30 of a given year shall pay a reduced registration fee set by resolution of the City Council.

A. The applicable registration fee is due at the time of registration or registration renewal. Payment will be deemed delinquent thereafter. Delinquency fees may be assessed as specified in Subsection C below, if payment occurs after the due date.

B. In addition to the annual fee, each registrant shall pay a fee set by resolution of the City Council per client for whom lobbying is undertaken for compensation in excess of five hundred dollars ($500.00). The fees for clients as of the date of initial registration shall be submitted with the registration. The fees for subsequent clients will be due and submitted at the time of the submission of the relevant semi-annual report as required pursuant to Section 2.08.110 below.

C. A fine of twenty-five dollars ($25.00) per day for delinquent fees, up to a maximum of five hundred dollars ($500.00), will be assessed until compliance with the registration provisions herein.

(ORD-11-0021, § 1, 2011; ORD-10-0006 § 1, 2010)

Registration statements shall contain the information set forth in Section 2.08.090.

(ORD-10-0006 § 1, 2010)

The initial registration shall contain the name, business address, telephone and fax numbers of all persons required to register pursuant to this Chapter, including the names of all owners of sole proprietorships and partnerships of fewer than ten (10) persons. If the registrant is a corporation, it shall also include the names of the president, secretary, chief financial officer, and agent for service of process, if any. Any business or organization registering under this act shall also briefly describe the nature of its business or organization and contacted individual. In addition to this information, the report shall contain the following:

A. Contract lobbyist. The name, business address, telephone number of each client, the nature of each client's business and the item(s) of legislative or administrative action the lobbyist is seeking to influence on behalf of the client; and the name of each person employed or retained by the lobbyist to lobby on behalf of each client.

B. Business or organization lobbyist. The names of owners, officers or employees conducting lobbying activities and the item(s) of legislative or administrative action the lobbyist is seeking to influence.

C. Expenditure lobbyists. The item(s) of municipal legislative or administrative action the lobbyist is seeking to influence.

D. Payment received by the reporting lobbyist for services as a consultant or in any other capacity for services rendered to a City agency, any City official or any City official-elect or their controlled committees, any officeholder committee, or ballot measure committee. The dates of payment and name of each payer shall be included.

E. The name, address, title and telephone number of the person responsible for preparing the report, together with that individual's signature attesting to the authority of the signatory and the accuracy and truthfulness of the information submitted.

(ORD-10-0006 § 1, 2010)

For each six (6) month period following the date in which the lobbyist was required to register, the lobbyist must file a semi-annual report in duplicate with the City Clerk not later than fifteen (15) calendar days after the end of the qualifying period whether or not any lobbying activities have occurred during such period. Electronic reporting may also be permitted by the City Clerk. Each semi-annual report shall contain the same information as required to be disclosed in the initial registration, for those activities occurring in that period. If a lobbyist has terminated all lobbying activities during such period, the lobbyist may file a declaration of termination with the semi-annual report. The final semi-annual report shall include disclosure of any lobbying activities during the period of termination.

(ORD-11-0021, § 2, 2011; ORD-10-0006 § 1, 2010)

Semi-annual reports are to be filed on or before July 15 and January 15 of each year, for the prior six (6) month period, and are delinquent thereafter. Electronic reporting may also be permitted by the City Clerk.

(ORD-11-0021, § 3, 2011; ORD-10-0006 § 1, 2010)

Copies of the records pertaining to the above-required reports shall be preserved by the lobbyist for inspection and audit for a period of four (4) years from date of production.

(ORD-10-0006 § 1, 2010)

When appearing in a lobbying capacity at a public meeting of the City Council or other City board or commission, a contract lobbyist shall identify himself/herself and the client(s) on whose behalf he/she is appearing, and a business or organization lobbyist shall identify himself/herself and the business or organization he/she represents.

(ORD-10-0006 § 1, 2010)

It shall be unlawful for any lobbyist to commit any one (1) of the following acts:

A. Unauthorized Communications. Sending or causing any communication to be sent to any City official in the name of any nonexistent person or in the name of an existing person without the express or implied consent of such person.

B. Fictitious Persons. Contacting any officer of the City in the name of any nonexistent person or in the name of any existing person, except with the consent of such existing person.

C. Indirect Violations. Attempting to evade the requirements of this Chapter through indirect efforts or through the use of agents, associates, intermediaries or employees.

D. Creation of Obligations. Performing or sponsoring any act with the purpose and intent of placing any City official under personal obligation to the lobbyist.

(ORD-10-0006 § 1, 2010)

It shall be unlawful for any lobbyist to deliver or cause to be delivered any gift to any City official, and for any City official to accept any gift from a lobbyist.

(ORD-10-0006 § 1, 2010)

The City Clerk shall:

A. Oversee administration of this Chapter including creation of all forms and explanatory materials.

B. Post all submitted reports on the internet within a reasonable time of receipt of the reports.

C. Accept all required filings under this Chapter.

(ORD-11-0021, § 4, 2011; ORD-10-0006 § 1, 2010)

Any person who knowingly or willfully violates or causes any other person to violate any provision of this Chapter is guilty of a misdemeanor.

(ORD-10-0006 § 1, 2010)

The City Attorney may seek injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this Chapter.

(ORD-10-0006 § 1, 2010)

No person convicted of a violation of this Chapter may act as a lobbyist or otherwise attempt to influence municipal legislation for compensation for one (1) year after such conviction.

(ORD-10-0006 § 1, 2010)

Prosecution for violation of any provision of this Chapter shall be commenced within four (4) years after the date on which the violation occurred.

(ORD-10-0006 § 1, 2010)

The court may award costs of litigation including reasonable attorney's fees to the prevailing party in any action to compel compliance with the provisions of this Chapter.

(ORD-10-0006 § 1, 2010)

On or before the first anniversary of the effective date of this Chapter, the City Council shall review the effectiveness of these regulations, and shall enact modifications, if necessary.

(ORD-10-0006 § 1, 2010)