San Jose Municipal Code 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:

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.)