Part 1 — TITLE, PURPOSE, APPLICATION, AND EXEMPTIONS

A.

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

B.

The purposes of this chapter are:

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.

In the spirit of open and transparent government, to allow the public to know and better understand the relationship between its elected officials, lobbyists, and lobbyist's clients.

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

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.

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

To establish a policy that sets clear standards of conduct.

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 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:

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;

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

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:

Publicly appearing at a public meeting, public hearing, or other official proceeding open to the public; and/or

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:

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 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 non-profit organizations.

J.

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

K.

Persons whose communications are solely related to:

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.

Management decisions as to the working conditions of represented employees that clearly relate to the terms of a collective bargaining agreement or memorandum of agreement between the city and a recognized employee organization.

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

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.)

"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.)

"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 official-elect 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 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:

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

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.)