Chapter 12.12

SAN JOSÉ MUNICIPAL LOBBYING*

Parts:

• 1 Title, Purpose, Application, and Exemptions

• 2 Definitions

• 3 Contingent Compensation to Lobbyists

• 4 Requirements

• 5 Prohibited Activities

• 6 Compliance, Training, and Enforcement

• 7 Prohibition for City Officials

• 8 Disclosure of Communications with Registered Lobbyists

Part 1

TITLE, PURPOSE, APPLICATION, AND EXEMPTIONS

Sections:

• A. This chapter will be known as the San José Municipal Lobbying Ordinance.

• B. The purposes of this chapter are:

  1. To guarantee to the residents of the city that the City of San José (city) continues the highest ethical work environment for the residents of the city and the city's elected officials and employees.

  2. In the spirit of open and transparent government, to allow the public to know

*Editor’s note— Ord. 28074, § 2, adopted June 26, 2007, effective August 1, 2007, amended Chapter 12.12, in its entirety, to read as herein set out. Prior to inclusion of the ordinance, Chapter 12.10 pertained to lobbyist regulations.

and better understand the relationship between its elected officials, lobbyists, and lobbyist's clients.

3. To enhance public confidence and trust with respect to lobbyist activities and city practices.

4. To ensure that the requirements of this chapter and their implementation are responsive to the goal of making it easy to do business with the city.

5. To bring about clarity and certainty about applicable provisions among stakeholders.

6. To establish a policy that sets clear standards of conduct.

7. To maintain the citizen's constitutional right to petition government for redress of grievances and not to limit the public's access to their elected officials.

• C. Any person who engages in lobbying activity must comply with the provisions of this chapter.

• (Ord. 28074.)

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

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

• B. A person engaged solely in publication or broadcasting of news items, editorials, or commentary which directly or indirectly urges governmental action.

• C. A person hired by the city or agency for work performed on behalf of the city or agency, or a person who prepares documents for approval by the city under the California Environmental Quality Act of 1970, as amended and Title 21 of the San José Municipal Code, or a person who has been specifically invited by the city council or redevelopment agency board 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

T12:34

ETHICS AND OPEN GOVERNMENT PROVISIONS

§ 12.12.020

the city or the redevelopment agency charged by law with the duty of conducting a hearing or making a decision, for the purpose of giving testimony in aid of the body or person extending the invitation or invited to attend a meeting such as a city or agency task force or department committee meeting to provide information or assistance requested by city or agency staff.

• D. The owner of a business whose attempts to influence governmental action are on behalf of the business and:

  1. The owner or business has not made or solicited contributions for the elected official contacted, or a candidate or independent expenditure committee at the behest of the elected official contacted, in an amount over one thousand dollars ($1,000) within the last twelve months in a City election;

  2. The owner or business has not retained a person to engage in lobbying activity on behalf of the owner or business; or

  3. Officers or employees of the business have not engaged in lobbying activity on behalf of the owner or business.

For the purpose of this section, an "owner" is any individual with greater than a fifty percent interest in the business. This exemption applies only to the threshold for becoming an in-house lobbyist as defined under Section 12.12.180 B. An owner of a business who meets this exemption is subject to the requirements of this chapter if he or she meets the definition of contract lobbyist or expenditure lobbyist as defined under Sections 12.12.180 A. and 12.12.180 C., respectively.

• E. A person 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; and/or

  2. Preparing, processing 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.

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

  1. to submit a bid on a competitively bid contract;

  2. to submit a written response to a request for proposals or qualifications;

  3. to participate in an oral interview for a request for proposals or qualifications; or

4. to negotiate the terms of an agreement with the city or agency official authorized to negotiate such an agreement.

• G. A person who meets with city officials solely to lodge "whistleblower" complaints relating to improper governmental activity such as gross mismanagement, waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

• H. A person who meets with the city attorney or city clerk regarding any claim or litigation matter, negotiation of any agreements where the city is a party or the requirements or interpretation of this chapter.

• I. Uncompensated members or uncompensated members of the board of directors of nonprofit organizations.

• J. Members of neighborhood associations, neighborhood advisory committees or project area committees.

• K. Persons whose communications are solely related to:

  1. The establishment, amendment, administration, implementation or interpretation of a collective bargaining agreement or a memorandum of agreement between the city and a recognized employee organization.

  2. Management decisions as to the working conditions of represented employees that clearly relate to the terms of a collective

T12:35

SAN JOSÉ CODE

§ 12.12.020

bargaining agreement or memorandum of agreement between the city and a recognized employee organization.

3. Proceedings before the City of San José civil service commission.

• L. A person whose communications with city officials are solely in connection with the administration of an existing contract or agreement between the person and the city or redevelopment agency.

• M. Compensated officers or employees of a nonprofit organization with tax exempt status under Section 501(c)(3) of the Internal Revenue Code whose attempts to influence governmental action are on behalf of the organization.

• (Ord. 28074.)

If any section, subsection, sentence, clause, or phrase of this chapter heretofore or hereafter adopted by the city council of the City of San José is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the chapter. Each and every section, subsection, sentence, clause or phrase of this chapter is severable from all other sections, subsections, sentences, clauses or phrases. (Ord. 28074.)

Part 2

DEFINITIONS

Sections:

For purposes of this chapter, the following definitions are applicable. Other terms used and not defined in this chapter have the meanings set forth in this title, and terms used and not defined in this title have the meanings set forth in the California Political Reform Act of 1974, as amended. (Ord. 28074.)

"At the behest" means at the specific direction of, or at the personal request or suggestion of, or with the express prior consent of, any elective city official, city official-elect or candidate for elective city office.

(Ord. 28074.)

"City official" includes the mayor and members of the city council; any appointee of the city council; mayoral or council staff member; redevelopment agency board member; members of the planning commission, appeals hearing board, civil service commission; any city representative to any joint powers authority to which the city is a party; the city manager and his or her assistant city manager and deputy city managers; the executive director of the agency and his or her assistant and deputies; city department heads; and agency division heads.

(Ord. 28074.)

12.12.110 At the behest.

12.12.120 City official.

12.12.130 City official-elect.

12.12.140 Client.

12.12.150 Contact or contacting.

12.12.160 Compensated or compensation.

12.12.165 Facsimile signature.

• 12.12.170 Lobbying activity.

"City official-elect" means a person who has been elected to a city office but has not yet been sworn in to office.

(Ord. 28074.)

"Client" means the person who compensates a lobbyist for representation. (Ord. 28074.)

T12:36

ETHICS AND OPEN GOVERNMENT PROVISIONS

§ 12.12.180

"Contact or contacting" means attendance at a meeting with a city official or city official-elect, or any direct communication with a city official or city official-elect, whether oral, electronic or in writing, including, but not limited to communication through an agent, associate or employee, for the purpose of engaging in lobbying activity. (Ord. 28074.)

"Compensated or compensation" means any economic consideration for services rendered or to be rendered in the future, including, without limitation, payment, distribution transfer, loan advance, deposit, other rendering of money, property, services or anything else of value. (Ord. 28074.)

"Facsimile signature" means a signature that is copied or scanned from a document bearing an authorized original signature. A facsimile signature can be created when a document is copied on a copy machine, when it is scanned, or when it is transmitted via a facsimile machine. (Ord. 29812.)

"Lobbying activity" means influencing or attempting to influence a city official or city officialelect with regard to a legislative or administrative action of the city or redevelopment agency.

• A. "Influencing" means contacting, either directly or indirectly, for the purpose of promoting, supporting, modifying, opposing, causing the delay or abandonment of conduct, or otherwise intentionally affecting the official actions of the city official or city official-elect, by any means, including, but not limited to providing, preparing, processing, or submitting information, incentives, statistics, studies or analyses.

  • B. "Legislative action" means the drafting, introduction, consideration, modification, enactment or defeat of any resolution, ordinance, amendment thereto, report, nomination or other action of the mayor, city council, redevelopment agency of the city, or city board or commission, or task force or any joint powers authority of which the city is a party.

  • C. "Administrative action" means the proposal, drafting, development, consideration, advocacy, recommendation, adoption, amendment or approval of any rule, regulation, agreement, contract, permit, license or hiring action.

• (Ord. 28074.)

"Lobbyist," unless exempt under Section 12.12.020 means:

• A. Contract lobbyist: Any person, whether an entity or individual, that engages in lobbying activity on behalf of one or more clients (acting individually or through agents, associates, employees or contractors) and who has received or has entered into an agreement for compensation of one thousand dollars ($1,000) or more for any services which include engaging in lobbying during any consecutive three month period.

• B. In-house lobbyist: Any person, including a business, corporation, association, political action committee, or any other organization if its owners, officers, or employees have engaged in lobbying activity on its behalf and whose aggregate time engaging in lobbying activity total ten hours or more in a consecutive twelve month period.

• C. Expenditure lobbyist: A person who makes payments or incurs expenditures in the aggregate amount of five thousand dollars ($5,000) or more during any calendar year in connection with carrying

T12:37

SAN JOSÉ CODE

§ 12.12.180

out public relations, advertising or similar activities with the intent of soliciting or urging, directly or indirectly, other persons to communicate directly with any city official in order to attempt to influence a legislative or administrative action. The five thousand dollars ($5,000) threshold does not include:

1. Compensation paid to contract lobbyists or in-house lobbyists for lobbying activity; or

2. Dues, donations, or other economic consideration paid to an organization, regardless of whether the dues, donations or other economic consideration are used in whole or in part for lobbying activity.

(Ord. 28074.)

"Lobbyist fundraising activity" means soliciting a contribution; hosting or sponsoring a fundraising event; or hiring a fundraiser or contractor to conduct any event designed for political fundraising at which contributions for any city official, candidate for elective city office or any controlled committee of an elected city official or candidate for city office or for any political action committee, political party or candidate for elective office of a governmental organization are solicited, delivered or made.

(Ord. 28074.)

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

(Ord. 28074.)

Part 3

CONTINGENT COMPENSATION TO LOBBYISTS

Sections:

• A. A person may not accept compensation for lobbying activity when the compensation is directly dependent on the result of legislative or administrative action(s) that are the subject of the lobbying activity.

• B. A person may not accept compensation for engaging in lobbying activity when the compensation depends on both:

  1. The result of legislative or administrative action(s) that are the subject of the lobbying activity; and

  2. Additional condition(s) or event(s) that are not the subject of the lobbying activity.

• C. A person engaged in lobbying activity may accept compensation for services, other than lobbying activity, when the compensation directly depends on the result of legislative or administrative action(s) that are the subject of the lobbying activity.

• D. A person engaged in lobbying activity may accept compensation for services, other than lobbying activity, when the compensation depends on both:

  1. The result of legislative or administrative actions that are the subject of the lobbying activity; and

  2. Additional condition(s) or event(s) that are not the subject of the lobbying activity.

• (Ord. 28074.)

• A. A person engaged in lobbying activity must disclose any agreement, arrangement, or understanding regarding compensation for services set forth in Section 12.12.300 C. and D.

T12:38

ETHICS AND OPEN GOVERNMENT PROVISIONS

§ 12.12.410

• B. Except as provided in subsection C., a person engaged in lobbying activity must file with the city clerk at least one business day before any lobbying activity, the following information:

  1. Name, address, and telephone number of the person engaged in lobbying activity.

  2. Name and address of the source of compensation.

  3. A brief description of the legislative or administrative action the person engaged in lobbying activity is seeking to influence.

  4. If compensation can be calculated at the time of the disclosure, the compensation within the following ranges: ($0.00 - $500), ($501 - $1,000), ($1,001 - $10,000), ($10,001 - $100,000), ($100,001 - $200,000), ($200,001 - $300,000), ($300,001 - $400,000), and (over $400,000).

  5. If compensation cannot be calculated at the time of the disclosure, a brief description of the basis for determining the compensation, and any legislative or administrative action(s) and/or additional condition(s) or event(s) that must occur before the person engaged in lobbying activity is entitled to receive compensation.

• C. A person engaged in lobbying activity that is not yet required to register as a lobbyist as defined under Section 12.12.180 may file the disclosure form concurrent with the registration report.

• (Ord. 28074.)

A person engaged in lobbying activity may have separate written agreements for lobbying activity and other services related to the same project or issue.

• (Ord. 28074.)

Sections 12.12.300 and 12.12.310 do not apply to compensation for services by an attorney li-

censed to practice law in the state of California who represents a party or potential party in pending or actual litigation or administrative enforcement proceeding brought by or against the city. (Ord. 28074.)

Part 4

REQUIREMENTS

Sections:

• 12.12.420 Additional required information and disclosures.

• 12.12.430 Weekly reports.

• 12.12.440 Fees and fines.

• 12.12.450 Electronic reporting.

• 12.12.460 Record retention.

• A. A Lobbyist is required to register with the City Clerk, on a form provided by the City Clerk, no later than ten (10) days after qualifying as a Lobbyist under this Chapter. A Lobbyist who meets the threshold requirements of one (1) or more of the categories (Contract Lobbyist, In-house Lobbyist, or Expenditure Lobbyist) is only required to register once.

• B. A Lobbyist must renew the registration by January 15 of each year.

• C. The annual registration renewal is not required if a declaration attesting to the termination of Lobbying Activity in the City is filed with the City Clerk before January 15.

• (Ords. 28074, 29812, 29959.)

• A. A lobbyist who meets the threshold requirements of one or more of the categories (contract lobbyist, in-house lobbyist, or expenditure lobbyist) must fill out one registration report with all the applicable information including the following:

  1. Name.

T12:39

SAN JOSÉ CODE

§ 12.12.410

2. Business address.

3. Telephone and fax numbers.

4. Names of all owners if the lobbyist is a sole proprietorship or partnership of fewer than five persons.

5. Names of the officers and agent for service of process, if any, if the lobbyist is a corporation.

6. If applicable, a description of the nature of, the business, corporation, association, committee or any other organization in sufficient detail to inform the reader of its nature and purpose.

• B. All contract lobbyists must also provide the following information for each client:

  1. Name, business address, telephone number of each client;

  2. Nature of each client's business;

  3. A brief description of the legislative or administrative action(s) the lobbyist seeks to influence on behalf of each client; and

  4. Name of each person employed or retained by the lobbyist to engage in lobbyist activity on behalf of each client.

• C. All in-house lobbyists must also provide the following information:

  1. Names of each owner, officer and employee conducting lobbying activities on its behalf; and

  2. A brief description of the legislative or administrative action(s) the lobbyist seeks to influence.

• D. All expenditure lobbyists must also provide the following information:

  1. Names of all owners, officers and employees conducting lobbying activities; and

  2. A brief description of the legislative or administrative action(s) the lobbyist seeks to influence.

• (Ord. 28074.)

The lobbyist registration report must also contain the following information:

• A. Campaign and officeholder contributions that a lobbyist made, delivered or

acted as an intermediary for, to an elected city official or candidate for city office made during the preceding calendar quarter. A person is an "intermediary" for a contribution if the recipient of the contribution would consider that person to be the contributor without the disclosure of the identity of the true source of the contribution. Also, a lobbyist acts as an "intermediary" if the lobbyist makes a contribution on behalf of another person, and that other person is acknowledged as the contributor, and the lobbyist is reimbursed for the contribution.

• B. Campaign and officeholder contributions made at the behest of an elected city official or candidate to any other elected public official or candidate for public office during the preceding calendar quarter.

• C. All independent expenditures made for or on behalf of a city official or candidate for city office made during the preceding calendar quarter.

• D. Fundraising activity for any city official, candidate for elective city office or any controlled committee of the elected city official or candidate for city office or for any political action committee, political party or candidate for elective office of a governmental organization made at the behest of a city official during the preceding calendar quarter. Required information and disclosures must include the name of the city official, candidate, committee or party on whose behalf the lobbyist engaged in fundraising activities, or delivered or acted as intermediary for one or more contributions. The information and disclosures must also include the name of the city official requesting the fundraising activity, the date of the fundraising activity, the name of the contributors and the amount of contribu-

T12:40

ETHICS AND OPEN GOVERNMENT PROVISIONS

§ 12.12.440

tions raised, delivered and/or made in connection with which the lobbyist acted as an intermediary.

• E. Donations to for profit or nonprofit organizations made at the behest of a city official or candidate for elective city office of any contribution or payment of more than one thousand dollars in the aggregate made during the preceding calendar quarter.

• F. Payments received for services as a consultant or in any other capacity for services rendered to any city department or redevelopment agency, city official, or any city official-elect, their controlled committees or officeholder committees.

• G. Contacts made with city officials or city officials-elect during the preceding calendar quarter for the purpose of influencing or attempting to influence legislative or administrative action. Contact information must include a brief description of the item(s) of legislative or administrative action the lobbyist is seeking to influence, the date(s) of contact, the method(s) of contact, and the number of contacts in the following ranges: (one), (two to five), (six to ten) or (eleven or more).

for the purpose of influencing or attempting to influence legislative or administrative action. Contact information must include a brief description of the item(s) of legislative or administrative action the lobbyist is seeking to influence, the date(s) of contact, the method(s) of contact, and the number of contacts in the following ranges: (one), (two to five), (six to ten) or (eleven or more).

• H. Activity expenses such as payments that directly benefit any city official, city official-elect or member of his or her immediate family or domestic partner made during the preceding calendar quarter. Activity expenses include gifts as defined by Chapter 12.08, honoraria, consulting fees, salaries and other forms of compensation, but do not include campaign contributions.

• (Ords. 28074, 29812.)

• A. All Lobbyists must file a weekly report with the City Clerk, on a form provided by the City Clerk, for each calendar week they are registered as a Lobbyist with the City and have

engaged in Lobbying Activity as defined in this Chapter. For the purposes of this Section, a "calendar week" begins at 12:00 a.m. on Monday and ends at 11:59 p.m. on the following Sunday.

• B. Each weekly report must contain the same information required to be disclosed in the registration report for those activities occurring in the calendar week being reported.

• C. Each weekly report for Contract Lobbyists must indicate the total compensation promised or received from each client listed during the reporting period for Lobbying Activity within the following ranges: ($0.00 - $500), ($501 - $1,000), ($1,001 - $10,000), ($10,001 - $100,000), ($100,001 - $200,000), ($200,001 - $300,000), ($300,001 - $400,000), and (Over $400,001).

• D. Each weekly report must indicate whether the Lobbyist has any agreement, arrangement, or understanding regarding compensation for services set forth in Section 12.12.300.C and D for those activities occurring in the calendar week being reported and identify the name of the person that filed the disclosure form and the date it was filed with the City Clerk.

• E. Weekly reports must be filed with the City Clerk by 5:00 p.m. on Monday for the prior calendar week, and are delinquent thereafter. If the filing date in this Section is a holiday, the weekly report must be filed by 5:00 p.m. the next business day.

• (Ords. 28074, 29812, 29959.)

• A. All fees, fines and interest referenced in this section are set forth in the schedule of fees established by resolution of the city council.

• B. All Lobbyists are required to register, including expenditure lobbyists or contract lobbyists that work for an in-house lobbyist, by filing a lobbyist registration report and paying an annual registration fee at the time of registration or registration renewal. If the Lobbyist registers for the first time on or after June 30 of a

T12:41

SAN JOSÉ CODE

§ 12.12.440

given year, the Lobbyist may pay a reduced registration fee. A Lobbyist is not registered if it pays the registration fee but does not file a Lobbyist registration report, or if it files a Lobbyist registration report but does not file the registration fee. If the registration fee is not paid in full at the time of registration or registration renewal, a late registration fine will be assessed per business day on the unpaid balance until the registration fee is paid in full. In no event will the late registration fine exceed one hundred percent of the unpaid registration fee.

C. Every contract lobbyist must pay a fee for each client for whom lobbying activity is undertaken for compensation and the compensation is greater than five hundred dollars per client. The fee for each client must be paid on an annual basis with the registration or registration renewal. A Lobbyist is not registered if it pays the required client fees but does not file a Lobbyist registration report, or if it files a Lobbyist registration report but does not pay the required client fees. After the registration or registration renewal, the fee for any new client must be paid with the weekly report immediately following the week when the Lobbyist is compensated and the compensation is greater than five hundred dollars. A Lobbyist has not duly filed a required weekly report if it pays the required client fees but does not file the weekly report, or if it files a required weekly report but does not pay the required client fees. (Lobbyists for organizations representing a group of organizations or associations such as trade associations will not be assessed a fee for each client if the compensation to the lobbyist is derived from fees or dues members pay for their membership in the organization or association.)

• D. Failure to pay any fees, fines and interest assessed in this section may be enforced as a personal obligation of the Lobbyist.

• (Ords. 28074, 29812, 29959, 30946.)

The City Clerk may permit electronic reporting whenever a Lobbyist is required to file a report under this Part. Facsimile Signatures have the same legal force and effect as an original signature on Lobbyist forms filed with the City. (Ord. 29959.)

A Lobbyist must preserve all records pertaining to reports required to be filed under this Part for inspection and audit by the City for a period of five (5) years from the date of filing with the City Clerk. (Ord. 29959.)

Part 5

PROHIBITED ACTIVITIES

Sections:

No person engaged in lobbying activity may commit any of the following acts:

• A. Engage in any activity on behalf of a client or accept compensation for lobbying activity unless such lobbyist is registered and has filed the information required by this chapter.

• B. Do any act to place any city official or immediate family member of a city official under his or her personal or financial obligation.

• C. Intentionally deceive or attempt to deceive a city official as to any material fact which is pertinent to any pending or proposed legislative or administrative action.

• D. Contact any public official in the name of any non-existent person or in the name of any existing person except with the consent of such existing person.

• E. Represent, either directly or indirectly, orally or in writing that he or she can control or obtain the vote or action of any city official.

T12:42

ETHICS AND OPEN GOVERNMENT PROVISIONS

§ 12.12.620

• F. Perform services for a client on a matter including any legislative action or administrative action for a period of two years after which the lobbyist had performed services on such matter as a consultant for the City of San José or redevelopment agency.

• G. Contact any city or agency employee, or members of an evaluation team or panel for a city or redevelopment agency request for proposal or request for qualifications concerning a city or redevelopment agency request for proposal or request for qualifications, other than a city or agency designated contact person, during the period of time from the release to prospective proposers of the request for proposal or request for qualification until a recommendation is made public by the city or agency.

• (Ord. 28074.)

Part 6

COMPLIANCE, TRAINING, AND ENFORCEMENT

Sections:

• A. The city clerk oversees compliance with this chapter, including the creation of all forms and explanatory materials.

• B. The city clerk will provide explanatory materials for lobbyists on the San José Municipal Lobbying Ordinance. Training will be available to newly elected city officials.

• (Ords. 28074, 29812.)

• A. The city attorney may investigate complaints of violations of this chapter. The city attorney

may seek judicial or injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this chapter.

• B. Any person may file a complaint with the city clerk alleging a violation of this chapter with the elections commission.

• C. The city attorney or the city clerk may put lobbyists on notice of a potential violation of the requirements of this chapter, whether or not a complaint is filed with the elections commission.

• D. Any person may request the city attorney to provide written advice with respect to the person's duties under the provisions of this chapter. The city attorney must provide the advice within twenty-one working days of the request, provided that the time may be extended for good cause. It shall be a complete defense in any enforcement proceeding before the elections commission, and evidence of good faith conduct in any other civil or criminal proceeding, if the requestor, at least twenty-one working days before the alleged violation, requested written advice from the city attorney in good faith, disclosed truthfully all the material facts, and committed the acts complained of either in reliance on the advice or because of the failure of the city attorney to provide advice within twenty-one days of the request or such later extended time.

• (Ords. 28074, 28660.)

• A. Upon the written request of any city official, the city clerk will issue an order to show cause to any unregistered person.

• B. Such order must specify a time and place where such person must appear to provide evidence satisfactory to the elections commission that he or she has complied with the registration requirement or is exempt from registration.

• C. If the elections commission determines that such person is subject to registration and he or she fails to register within seven days of that

T12:43

SAN JOSÉ CODE

§ 12.12.620

determination, such person will be barred from appearing before city council or the redevelopment agency board except at a public hearing on his or her own behalf or on oral petition. Such debarment will be in effect for three months from the date of such determination or until registration, whichever is later. (Ord. 28074.)

Each violation of this chapter may result in civil penalties of up to five thousand dollars ($5,000) or the amount of the compensation received for the lobbying activity, whichever is greater may be assessed by the elections commission or a court of law.

(Ord. 28074.)

Part 7

the chair and each member of the San José Redevelopment Agency Board of Directors, and each member of the planning commission, civil service commission, or appeals hearing board must disclose all scheduled meetings and all scheduled telephone conversations with a registered lobbyist that involves lobbying activity about the action. The disclosure may be made orally at the meeting before discussion of the action on the meeting agenda. The oral disclosure must identify the registered lobbyists, the date(s) of the scheduled meetings and the scheduled telephone conversations, and the substance of the communication. This section does not limit any disclosure obligations that may be required by this Code or city policy. (Ords. 28074, 29812.)