Chapter 16C — MUNICIPAL LOBBYIST REGISTRATION AND REPORTING REQUIREMENTS

This chapter shall be known as the Municipal Lobbyist Registration and Reporting Requirements of the City of Oceanside, and may be referred to herein as the lobbyist requirements.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)

The City Council of the City of Oceanside finds and declares as follows:

The people of the City of Oceanside have the need and right to know the identity of lobbyists who attempt to influence the decisions of city government and the means employed by them to advance their interests. Full disclosure of lobbying activities of such persons and the identity of their employers will contribute to public confidence in the integrity of local government. Full disclosure is also necessary to ensure that city officials are kept informed about the identity of persons whose interests the lobbyists represent.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)

The purposes of the lobbyist requirements are to maintain a fair and open decision-making process in city government and to ensure that the public and city officials have full knowledge of lobbying activities that have been brought to bear on any legislative or administrative action.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)

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 the Political Reform Act of 1974, Government Code Sections 81000 et seq., shall govern the interpretation of this chapter. Any term herein expressed in the plural may also apply to the singular.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)

(a)

Administrative action means the proposal, drafting, development, consideration, advocacy or recommendation of any rule, regulation, agreement or contract, permit, license, hiring action, or other similar action taken or proposed to be taken by administrative staff of the city.

(b)

City official includes the mayor, the deputy mayor, any councilmember, any commissioner, any public official, department director, or any city employee specified in the city's Local Conflict of Interest Code 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 representative to any joint powers authority to which the city is a party and any consultant to the city.

(c)

Compensation means any economic consideration for services rendered or to be rendered in the future, including, without limitation, promises to perform or provide services, contractual arrangements, contingency fees, success fees, bonuses or awards. Compensation includes economic consideration, including a salary, to a person who is an officer, owner or employee of a business entity, trust, corporation, association, committee or any other organization or group and who engages in lobbying in the city on behalf of the business entity, trust, corporation, association, committee, organization or group that provides the economic consideration to the person.

(d)

Consultant means an individual who, pursuant to a contract with the city, either:

Makes a governmental decision or recommendation whether to:

i.

Approve a rate, rule or regulation, or adopt or enforce a law;

ii.

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

iii.

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

iv.

Grant city approval of a contract, or the specifications for a contract, which requires city approval and in which the city is a party;

v.

Grant city approval of a plan, design, report, study or similar item; or

vi.

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

Serves in a staff capacity with the city and in that 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 Local Conflict of Interest Code.

(e)

Legislative action means the drafting, introduction, consideration, modification, enactment or defeat of any minute order, resolution, ordinance, amendment thereto, report, nomination or other action of the mayor, city council, any city board or commission, the redevelopment agency, or any joint powers authority of which the city is a party, acting in its official capacity.

(f)

Lobby means to influence or attempt to influence a legislative or administrative action of the City of Oceanside by direct communication with any city official or any commission, committee, board, task force or other body of the city.

(g)

Lobbyist means any person who is employed, retained or otherwise engaged for compensation to lobby, on behalf of another person, any elected or appointed city official or any commission, committee, board, task force or other body of the city. No person is a lobbyist by reason of activities described in section 16C.6.

(h)

Person means any individual, business entity, trust, corporation, association, committee or any other organization or group of individuals acting in concert.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)

The provisions of this chapter are not applicable to:

(a)

Any city official, or any federal, state or local elected or appointed official, acting in his or her official capacity, or any employee of the city, or of any federal, state or local governmental entity, acting within the scope of his or her employment.

(b)

Any newspaper or other periodical of general circulation, book publisher, radio or television station (including any individual who owns, publishes, or is employed by any such newspaper or periodical, radio or television station) which in the ordinary course of business publishes news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge legislative or administrative action if such newspaper, periodical, book publisher, radio or television station or individual, engages in no further or other activities in connection with urging legislative or administrative action other than to appear before the city council or any commission, body or board in support of or in opposition to such action.

(c)

Any person whose sole activity includes one or more of the following:

To submit a bid on a competitively bid contract;

To submit a written response to a request for proposals or qualifications;

To participate in an oral interview for a request for proposals or qualifications; or

To negotiate the terms of a contract or agreement with the city, once the city has authorized, either by action of the city council, city manager, or voters, entering an agreement with that person, whether that person has been selected pursuant to a bid, request for proposals or qualifications, or by other means of selection recognized by law.

(d)

A person whose communications are solely related to the establishment, amendment, administration, implementation or interpretation of a collective bargaining agreement or a memorandum of understanding or memorandum of agreement between the city and a recognized city employee organization.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)

Lobbyists shall register with the city clerk within fifteen (15) days after qualifying as a lobbyist under section 16C.5. No lobbyist shall engage in lobbying unless he or she is registered with the city clerk, has paid any and all fees and fines as provided for in section 16C.10, and has complied with the lobbyist ethics training course requirements of section 16C.15.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)

A lobbyist shall renew his or her registration by January 15 of each year unless he or she has terminated his or her status as a lobbyist pursuant to section 16C.9 on or before January 15.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)

A person or entity that was registered as a lobbyist shall be deemed to be a lobbyist for purposes of this chapter until such time as that person or entity files a declaration with the city clerk attesting to the

termination of lobbying services within the city. The declaration shall be executed on a form prescribed by the city clerk for that purpose, and shall be filed with the city clerk within thirty (30) days of the termination of a lobbyist status.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)

Persons subject to the registration requirements of this chapter shall pay an annual fee to be established by resolution of the city council.

(a)

The applicable annual registration fee is due at the time of registration or registration renewal, and 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 an annual client fee, to be established by resolution of the city council, per client per year for whom lobbying is undertaken for compensation. The fees for clients as of the date of initial registration shall be submitted with the registration. The fees for clients who retain a lobbyist subsequent to date of the initial registration shall be due and submitted at the time of the submission of the relevant supplemental report required pursuant to section 16C.12(b), and shall be deemed delinquent thereafter.

(c)

Any person who fails to pay any fees required under this chapter may be cited and fined according to the provisions of the Administrative Remedies Ordinance, section 1.14 et seq. of this Code. No person who owes any delinquent fees under this chapter shall file, and the city clerk may not accept, any registration, registration renewal, supplemental report or notice of termination required by this chapter, until all delinquent fees and fines are paid.

(Ord. No. 06-OR0287-1, § 1, 5-3-06; Ord. No. 11-OR0488-1, § 1, 6-22-2011)

The initial and subsequent annual registration shall be in a format prescribed by the city clerk, and shall contain the following information:

(a)

The name, business address, photograph, telephone and fax numbers of all persons required to register under 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. The registrant shall inform the city clerk, in writing, within fifteen (15) days, of any change in address, telephone, fax number or agent for service of

process. Any business entity or other organization registering under this chapter shall also briefly describe the nature of its business or organization.

(b)

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

(c)

All campaign contributions by a lobbyist or a client at the lobbyist's behest, to any city official or city official-elect, identified by name and by office, to a controlled committee, office holder's fund or legal expense fund, given personally or through an intermediary, totaling one hundred dollars ($100.00) or more, made during any calendar quarter as defined in section 16C.12.

(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 commissions or 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 registration, together with that individual's signature attesting to the authority of the signatory and the accuracy and truthfulness of the information submitted.

(f)

Any person notified by the city to file an amended registration, registration renewal, or subsequent report pursuant to section 16C.16(c) shall provide the information within the time period specified in the notice from the city. Failure to receive notification from the city shall not excuse compliance with, and shall not be a defense to any action to enforce, the provisions of this chapter.

(Ord. No. 06-OR0287-1, § 1, 5-3-06; Ord. No. 11-OR0488-1, § 1, 6-22-2011)

Lobbyists shall file supplemental reports with, and in a format prescribed by, the city clerk, within ten (10) days of being retained to lobby on behalf of any person who was not listed on the lobbyist's initial or annual report. Supplemental reports shall contain the information as specified in section 16C.11(b) and are subject to the provisions of section 16C.11(f).

(Ord. No. 06-OR0287-1, § 1, 5-3-06; Ord. No. 11-OR0488-1, § 1, 6-22-2011)

Copies of the records pertaining to the reports required by this chapter shall be preserved by the lobbyist for inspection and audit for a period of four (4) years from date of filing of the report with the city clerk.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)

When appearing in a lobbying capacity at any meeting with a city official or at a public meeting of the city council or any other city board, commission or hearing, a lobbyist shall identify himself or herself and the client(s) or the business or organization that he or she represents.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)

Within one hundred eighty (180) days after a lobbyist's initial registration, a lobbyist shall:

(a)

Attend ethics training covering the topics mandated by Government Code Section 53234 and file proof of completion of the ethics training course with the city clerk. Completion of the ethics training provided on- line by the Fair Political Practices Commission or by a comparable training offered by the city attorney shall satisfy the requirements of this section; or

(b)

File proof of completion of the ethics training course mandated by Government Code Section 8956(b) or file a statement of compliance with the provisions of Government Code Section 86103(d) with the city clerk.

(Ord. No. 06-OR0287-1, § 1, 5-3-06; Ord. No. 11-OR0488-1, § 1, 6-22-2011)

The city clerk shall:

(a)

Subject to the review and approval of the city attorney, create all forms and explanatory materials, adopt all reasonable and necessary procedures to implement this chapter.

(b)

Accept all filings required by this chapter. Lobbyists shall have the option to electronically file all reports mandated by Chapter 16C. The city clerk shall inspect or cause to be inspected all filings and may refuse to accept any filing that is incomplete or from which the required information is missing or omitted. The city attorney has the authority to review all filings accepted by the city clerk and to notify, or cause to be notified, any person submitting an incomplete filing to file an amended registration, or supplemental report and the date upon which it must be filed.

(Ord. No. 06-OR0287-1, § 1, 5-3-06; Ord. No. 11-OR0488-1, § 1, 6-22-2011)

Any person who violates section 16C.7, section 16C.11, section 16C.12 or section 16C.14 of this chapter is guilty of a misdemeanor, and is subject to the provisions of section 1.7. The Oceanside Police Department shall be responsible for investigating criminal violations of this chapter.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)

In addition to or in lieu of a criminal action, the city attorney may bring a civil action against any person who violates the provisions of this chapter, and/or may seek injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this chapter.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)

In addition to or in lieu of a criminal or civil action, the provisions of the Administrative Remedies Ordinance, section 1.14 et seq., are applicable to any violation of this chapter.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)

No person convicted of a criminal violation of this chapter may act as a lobbyist or otherwise attempt to influence municipal legislation for compensation under this chapter for two (2) years after such conviction.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)

The registration, reporting and other requirements of this chapter shall apply to lobbying occurring on or after the effective date of this chapter. Lobbying that occurs prior to the effective date of this chapter and payment for lobbying services rendered prior to the effective date of this chapter, whether such payment is made prior to or after the effective date of this chapter, shall not be considered for purposes of the registration, reporting and other requirements of this chapter.

(Ord. No. 06-OR0287-1, § 1, 5-3-06)