Oakland Municipal Code Art. V Prohibitions

A. A local governmental lobbyist shall not engage in any activity on behalf of a client as a local governmental lobbyist unless such local governmental lobbyist is registered and has listed such client with the Public Ethics Commission.

B. No person shall accept compensation for acting as a local governmental lobbyist except upon condition that they forthwith register as required by this Act.

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

Local governmental lobbyists, clients, contractors, and persons doing business with the City shall abstain from doing any act with the express purpose and intent of placing any City officer or designated employee under personal obligation to such local governmental lobbyist, client, contractor or person.

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

No local governmental lobbyist, client, contractor or person doing business with the City shall deceive or attempt to deceive a City officer or designated employee as to any material fact pertinent to any pending or proposed governmental action.

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

No local governmental lobbyist shall cause or influence the introduction of any ordinance, resolution, appeal, application, petition, nomination or amendment thereto for the purpose of thereafter being employed as a local governmental lobbyist to secure its granting, denial, confirmation, rejection, passage or defeat.

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

No local governmental lobbyist, client, contractor, or person doing business with the City shall attempt in any way to create a fictitious appearance of public favor or disfavor of any governmental action or to cause any communication to be sent to a City officer or designated employee in the name of any fictitious person or in the name of any real person, except with the consent of such real person.

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

No local governmental lobbyist, client, contractor, or person doing business with the City shall represent, either directly or indirectly, orally or in writing that such person can control or obtain the vote or action of any City officer or designated employee.

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

A. No local governmental lobbyist's registered client shall make any payment or incur any expense that directly benefits an elected City officeholder, candidate for elected City office, a designated employee, or a member of the immediate family of one (1) of these individuals, in which the cumulative value of such payments or expenses exceeds two hundred forty dollars ($240.00) during any calendar year.

B. No local governmental lobbyist shall make any payment or incur any expense that directly benefits a designated employee, or a member of the immediate family of a designated employee, in which the cumulative value of such payments or expenses exceeds two hundred forty dollars ($240.00) during any calendar year.

C. No local governmental lobbyist shall make any payment or incur any expense that directly benefits an elected City officeholder, candidate for elected City office, or a member of the immediate family of one (1) of these individuals in which the cumulative value of such payments or expenses exceeds fifty dollars ($50.00) during any calendar year.

D. The payments and expenses specified in subsections (A) through (C) include gifts, honoraria and any other form of compensation but do not include:

(1) Campaign contributions;

(2) Payments or expenses that, within thirty (30) days after receipt, are returned unused or are reimbursed;

(3) Food, beverages or occasional lodging provided in the home of an individual local governmental lobbyist or individual local governmental lobbyist's registered client when the individual or member of the individual's family is present;

(4) A pass or ticket to a fundraising event for a campaign committee or candidate, or for an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code;

(5) A pass or ticket given to a public agency and which meets the provisions of 2 Cal. Code of Regs. No. 18944.1(a) through (e), inclusive;

(6) Informational material; and

(7) Salaries, consulting fees or other payments for services rendered or bargained for.

No other exception to, or exclusion from, the definition of gift or honoraria contained in the Political Reform Act of 1974 as amended, and the regulations issued pursuant thereto, shall apply to this Section.

(Res. No. 90347, § 4, 7-9-2024; Ord. 13469, § 1, 1-16-2018; Ord. 12782 § 3 (part), 2007)

No officer of the City or person who has held the position of department head or budget director shall be permitted to act as a local governmental lobbyist for a period of two (2) years after leaving office.

(Res. No. 89316, § 4, 7-22-2022; Ord. 13469, § 1, 1-16-2018; Ord. 12782 § 3 (part), 2007)