Orange Municipal Code Ch. 2.13 Lobbyist Registration and Reporting

The purposes of this chapter are to require lobbyists engaged in lobbying activities as set forth herein, to register themselves and their clients and disclose the nature of their lobbying efforts, compensation, donations, and fundraising efforts. This information shall be accessible to the public.

(Ord. 14-23, 12/12/2023)

As used in this chapter, the following terms and phrases shall have the meaning ascribed to them in this chapter, unless the context in which they are used clearly requires otherwise. If a term or phrase is not defined in this chapter, or elsewhere in this code, the most common dictionary definition is presumed to be correct.

"City representative"

means local officeholders designated in Government Code Section 87200 of the Political Reform Act, or otherwise required to file "Form 700" as may be amended.

"Client"

means a person who compensates a lobbyist, or lobbying firm for the purpose of attempting to influence a City representative even if the lobbyist or lobbying firm is compensated by another person for such representation.

"Compensation"

means money or anything of value, delivered or rendered; or promises to perform or provide services or contractual arrangements or awards.

"Influence"

means contacting, either directly or indirectly, for the purpose of conducting lobbying activities, by any means.

"Lobbying activities"

means influencing or attempting to influence a City representative, by any means of verbal, written, or electronic communication, or otherwise, regarding any official decision of a City representative, including, but not limited to, a legislative, quasi-judicial or administrative action or decision including adopting an ordinance, resolution, regulation or policy, granting or denying any permit, license or other entitlement of use, or awarding a contract or grant ("Official Action").

"Lobbyist" or "lobbying firm"

means any person or firm that receives compensation, for engaging in lobbying activities. A lobbyist includes, but is not limited to, lobbying activities engaged in on behalf of another person including contingency compensation agreements.

"Person"

means any individual or business entity including, but not limited to, a domestic or foreign corporation, association, syndicate, joint stock corporation, partnership of every kind, club, business or trust, society, or limited liability company.

(Ord. 14-23, 12/12/2023)

A. Any lobbyist who engages in lobbying activities shall register with the City Clerk per project by:

1. Paying the lobbyist registration fee (per project), which fee shall be adopted by resolution of the City Council. The lobbyist registration fee, including annual renewal and penalties, shall cover, and not exceed, the costs associated with administering the lobbyist registration and reporting program described herein.

2. Completing and filing the lobbying registration form (per project), as provided by the City Clerk, which shall include, at a minimum, the following information, certified as true under penalty of perjury:

a. The full name, business address and telephone number of the lobbyist, and, if the lobbyist is a business entity or other organization, the full name, business address and telephone number of each person employed by or otherwise associated with the business entity or organization who will be engaging in lobbying activities;

b. The full name, business address and telephone number of the person by whom the lobbyist has been employed, retained or engaged by to perform lobbying activities;

c. A description of lobbying activities which the lobbyist has been employed, retained or engaged to do;

d. The date and amount of all gifts, contributions, and behested payments, as those terms are defined within the Political Reform Act of 1974 and accompanying regulations as may be amended, over $250.00 made to City representatives, candidates or a candidate's controlled committee, as applicable, within the past 12 months.

B. An amendment to the lobbyist registration form must be completed and filed with the City Clerk by the lobbyist within 30 days from the time lobbyist knows, or should have known, of any change in the accuracy of the information provided in the initial or renewal registration.

C. Within 30 days of the annual anniversary of initial registration, the lobbyist shall submit a renewal form and pay the required lobbyist registration fee.

D. No person who qualifies as a lobbyist shall contact or communicate with a City representative prior to completing and filing a lobbying registration form and paying fees as a lobbyist and identifying himself or herself to the City representative as a lobbyist.

E. A person who lobbies or engages another person to lobby, or any other person acting on behalf of such person, shall not represent, either directly or indirectly, orally or in writing, that that person can control or obtain the vote or action of any City representative.

(Ord. 14-23, 12/12/2023)

The following persons are exempt from the requirements of this chapter unless otherwise specified:

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

B. A person who owns, publishes or is employed by a newspaper, radio station, television station or other media outlet that is engaged in the business of broadcasting news items, editorials, or commentary which directly or indirectly urges governmental action.

C. A person hired by the City to conduct lobbying activities for the City for City projects.

D. Any employee, officer, or board member of a business entity when addressing, in his or her capacity as an employee, officer, or board member of such business entity, an issue impacting the business entity.

E. Any state licensed architect or engineer whose attempts to Influence any official action are limited to: (1) publicly appearing at a public meeting, public hearing, or other official proceeding open to the public; or (2) preparing or submitting documents or writings in connection with the action or decision for use at a public meeting, public hearing, or other official proceeding open to the public.

(Ord. 14-23, 12/12/2023)

The Clerk shall make all lobbyist registration reports available online to the public and copies available to the public through the Clerk's office.

(Ord. 14-23, 12/12/2023)

A. Violations of this chapter may be charged as an infraction and, upon conviction thereof, shall be punishable as provided for in this code.

B. Each day any violation of any said provision of this chapter shall continue shall constitute a separate offense.

C. Any person in violation this chapter may not act as a lobbyist within the City or otherwise attempt to influence official action for one year after such a conviction.

D. Use of criminal enforcement and/or administrative citations shall not prevent or preclude the City from seeking injunctive relief and civil penalties in court for violations of this chapter.

(Ord. 14-23, 12/12/2023)