Oakland Municipal Code Art. III Registration of Lobbyists

A. No person shall act as local governmental lobbyist before registering as a local governmental lobbyist with the Public Ethics Commission and paying the applicable annual registration fee. A local governmental lobbyist's registration shall be valid for the duration of the calendar year in which the local governmental lobbyist registered unless the local governmental lobbyist terminates their registration pursuant to Section 3.20.050.

B. At the time of registering, the local governmental lobbyist shall file with the Public Ethics Commission, in writing, his or her name, business or residence addresses, and any additional information that the Commission determines is necessary to implement this Chapter. At the time of registering, the local governmental lobbyist shall also pay an annual registration fee of either five hundred dollars ($500.00) if the local governmental lobbyist registers between January 1 and June 30 or two hundred fifty dollars ($250.00) if the local governmental lobbyist registers between July 1 and December 31.

C. The local governmental lobbyist shall reregister annually during the month of January and at that time shall resubmit the required information and pay the five hundred dollar ($500.00) annual registration fee for that calendar year. If a local governmental lobbyist does not reregister during the month of January and pay the applicable fee their registration shall be automatically terminated effective December 31 of the previous calendar year.

D. The Public Ethics Commission shall reduce the registration fees in Subsections B. and C. to one hundred dollars ($100.00) for a local governmental lobbyist who registers between January 1 and June 30 and to fifty dollars ($50.00) for a lobbyist who registers between July 1 and December 31 and who:

1. Is a salaried employee, officer, or director of any corporation, organization or association that received less than two hundred thousand dollars ($200,000.00) in gross receipts or gross income in both the corporation, organization or association's current tax year at the time of the local governmental lobbyist's registration and in the prior tax year; and

2. Is exclusively representing that corporation, organization or association.

E. The Public Ethics Commission shall waive the registration fees in Subsections B. and C. for a local governmental lobbyist who:

1. Is a salaried employee, officer, or director of an organization or association that is exempt from taxation under 26 U.S.C. § 501(c)(3) and that received less than seven hundred fifty thousand dollars ($750,000.00) in gross receipts in both the organization's current tax year at the time of the local governmental lobbyist's registration and in the organization's prior tax year; and

2. Is exclusively representing that organization.

F. A lobbyist that is a salaried employee, officer, or director of a chapter of a nonprofit organization or association may receive a fee waiver or fee reduction if the chapter's gross income or gross receipts meet the thresholds under Subsections D. and E. and if all of the following are true:

1. The chapter is clearly presented to the public as being a chapter of the nonprofit organization or association;

2. The chapter has different leadership from the nonprofit organization or association; and

3. The chapter has its own budget and pays for the lobbyist's salary or lobbying expenses out of the chapter's budget.

G. The Public Ethics Commission may require that a local governmental lobbyist submit proof of an employer's gross receipts or gross income to receive the fee reduction or fee waiver in Subsections D. and E. as part of the local governmental lobbyist's registration or at any time thereafter.

H. The Public Ethics Commission may modify the eligibility requirements for the fee waiver or fee reduction or the amount of the fee reduction provided in Subsections D. and E. by resolution or regulation, which shall be posted to the Public Ethics Commission's website.

(Ord. No. 13764, § 2, 11-7-2023; Ord. 13469, § 1, 1-16-2018; Ord. 12782 § 3 (part), 2007; Ord. 12431 (part), 2002)

A. Each local governmental lobbyist must complete a lobbyist training session offered by the Public Ethics Commission within sixty (60) days of the local governmental lobbyist's initial registration. Thereafter, local governmental lobbyists shall engage in additional training sessions as required by the Public Ethics Commission, at its discretion.

B. The Public Ethics Commission shall make local governmental lobbyist training sessions available online.

C. On or before the deadline for completing any required local governmental lobbyist training session, a local governmental lobbyist must file a signed declaration with the Public Ethics Commission stating, under penalty of perjury, that the local governmental lobbyist has completed the required training session.

D. The Public Ethics Commission may invalidate a registration for failure to comply with this Section.

(Ord. No. 13764, § 2, 11-7-2023)

A local governmental lobbyist who has terminated all activities requiring registration during a calendar year shall notify the Public Ethics Commission of that fact and thereupon shall be relieved of any further obligations under this Act until such time as they commence activity requiring registration.

(Ord. No. 13764, § 2, 11-7-2023; Ord. 13469, § 1, 1-16-2018; Ord. 12782 § 3 (part), 2007; Ord. 12431 (part), 2002)

The provisions of this Act shall not apply:

A. To a public official acting in his or her official capacity.

B. To the publication or broadcasting of news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge governmental action.

C. To a person specifically invited by the City Council or any committee thereof, or by any board or commission, or any committee of a board or commission, or by any officer or employee of the City charged by law with the duty of conducting a hearing or making a decision, for the purpose of giving testimony or information in aid of the body or person extending the invitation.

D. To a person who, without extra compensation and not as part of, or in the ordinary course of, his or her regular employment, presents the position of his or her organization when that organization has one or more of its officers, directors, employees or representatives already registered under the provisions of this Act.

E. Any attorney, architect or civil engineer whose attempts to influence governmental action are limited to: (1) Publicly appearing at a public meeting, public hearing, or other official proceeding open to the public; (2) Preparing or submitting documents or writings in connection with the governmental action for use at a public meeting, public hearing, or other official proceeding open to the public; and (3) Contacting City employees or agents working under the direction of the City administrator directly relating to (1) and (2) above.

F. To designated representatives of a recognized employee organization whose activities are limited to communicating with City Officials or their representatives regarding (1) wages, hours and other terms and conditions of employment pursuant to the procedures set forth in Government Code Sections 3500—3510, or (2) the administration, implementation or interpretation of an existing employment agreement.

G. To persons whose only activity is to (1) submit a bid on a competitively bid contract, (2) respond to a request for proposal or qualifications, or (3) negotiate the terms of a written contract if selected pursuant to such bid or request for proposal or qualifications. This exception shall not apply to persons who attempt to influence the award or terms of a contract with any elected official or member of any City board or commission.

(Ord. 13469, § 1, 1-16-2018; Ord. 12782 § 3 (part), 2007; Ord. 12431 (part), 2002)

If the Public Ethics Commission determines that a person is a local governmental lobbyist and they fail to register pursuant to this Act within seven (7) days of that determination, they shall be barred from acting as a local governmental lobbyist except when appearing before the City Council, or other board or commission, at a noticed public meeting or upon oral petition on their own behalf. Such debarment shall be in effect for three (3) months from the date of such determination or until registration pursuant to this Act, whichever is later.

(Ord. No. 13764, § 2, 11-7-2023; Ord. 13469, § 1, 1-16-2018; Ord. 12782 § 3 (part), 2007; Ord. 12431 (part), 2002)

All registration information shall be retained by the Public Ethics Commission for a period of five (5) years from the date of filing, shall constitute part of the public records of the City, and shall be open to public inspection.

(Ord. 13469, § 1, 1-16-2018; Ord. 12782 § 3 (part), 2007; Ord. 12431 (part), 2002)

All information required by this Act shall be filed with the Public Ethics Commission in a manner prescribed by the Public Ethics Commission, and accompanied by a declaration by the local governmental lobbyist that the contents thereof are true and correct under penalty of perjury.

(Ord. 13469, § 1, 1-16-2018; Ord. 12782 § 3 (part), 2007; Ord. 12431 (part), 2002)

A local governmental lobbyist shall retain, for a period of five (5) years, all books, papers and documents necessary to substantiate the registration and disclosure required to be made under this Act.

(Ord. 13469, § 1, 1-16-2018; Ord. 12782 § 3 (part), 2007; Ord. 12431 (part), 2002)