Manhattan Beach Municipal Code Ch. 4.132 Municipal Lobbying

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

"City official" shall mean any elected official, commission member or salaried staff member of the City of Manhattan Beach.

"Compensation" shall mean receipt of money, gifts or of anything of value.

"Government action" means any policy creation or implementation by any element of City government including but not limited to passage or consideration of ordinances, processing of and grant or denial of permits whether by staff a commission or City Council, hearing and ruling on any appeal, adoption of rules or regulations, changes to zoning or General Plan, passage or consideration of any resolution or minute order.

"Influencing" means contacting, either directly or indirectly, for the purpose of promoting, supporting, modifying, opposing, causing the delay or abandonment of, or otherwise intentionally affecting government action at any level.

"Lobbyist" means any individual or entity employed, retained or otherwise engaged for compensation to communicate with, appear before, or influence in any way City staff, commissions or the City Council with regard to any governmental action.

"Lobbying activity" means influencing or attempting to influence a City official government action of the City.

(§ 2 (part), Ord. 2117, eff. November 21, 2008)

It shall be unlawful for any person or entity to act as a lobbyist or conduct lobbyist activity in the City without having registered in compliance with this chapter and without disclosure of their status as a lobbyist as required herein or to employ a person who fails to comply with the forgoing.

(§ 2 (part), Ord. 2117, eff. November 21, 2008)

Prior to acting as a lobbyist or conducting any lobbying activity in the City, an individual or entity shall register with the City Clerk by filing a written statement containing the following information:

A. The lobbyist's full name, business address and telephone number (if the lobbyist is an entity the names of all individuals conducting lobbyist activity must also be provided);

B. The name, business address and telephone number of any individual or entity by whom the lobbyist is employed, retained or engaged for compensation to perform lobbying services in the City;

C. The government action or actions of the City as to which the lobbyist has been engaged.

Upon the material change in any of the forgoing information the registered individual or entity shall update their registration to reflect the changed information within ten (10) days of the change.

(§ 2 (part), Ord. 2117, eff. November 21, 2008)

The City Council may, by resolution, set a fee for lobbyist registration to be collected by the City Clerk upon filing of the registration required by Section 4.132.040 above. Registration shall not be considered complete until the fee is paid.

(§ 2 (part), Ord. 2117, eff. November 21, 2008)

The following shall be exempted from the requirements of this chapter:

A. A public official acting in his or her official capacity;

B. An employee or consultant of a public agency acting in the course and scope of their duties;

C. An architect or engineer hired primarily to provide professional services in their area of expertise by an applicant;

D. A member of the California Bar who is engaged only in providing professional legal services to a client;

E. An employee of an entity which is an applicant whose primary job duties do not include lobbying activities;

F. The owner of a business which is an applicant;

G. Officers, officials or employees of a nonprofit corporation engaged in representing the interests of that entity.

(§ 2 (part), Ord. 2117, eff. November 21, 2008)

Every individual or entity engaged in lobbying activity shall, prior to conducting any such activity, identify themselves as a lobbyist to the person or body with whom they are communicating.

(§ 2 (part), Ord. 2117, eff. November 21, 2008)

Any violation of this chapter shall be punishable as a misdemeanor.

(§ 2 (part), Ord. 2117, eff. November 21, 2008)