HomeMy WebLinkAboutPresentation - #35 Lobbyist
Lobbyist Ordinance
Slide 1 Clerk of the Council
,June 21 , 2022
Draft Highlights
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Added language that establishes the purpose and
intent of the regulation
o To promote public confidence and trust
o To preserve the integrity of local government
decision-making
o To provide members of the community access to
information about persons and organizations who
attempt to influence the decisions of City
government through the use of paid lobbyists
Lobbyist Ordinance
Clerk of the Council
,June 21 , 2022
Draft Ordinance Highlights
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Established the definition of lobbyist:
"Any individual or entity who receives or becomes
entitled to receive $500 or more in consideration in a
calendar month, other than reimbursement for
reasonable travel expenses, to communicate, directly or
through his/her agents with any elected or appointed
official of the City, member of the City Executive Team,
or Legislative Body, board or commission of the City, for
the purpose of influencing legislative or administrative
action of the City of Santa Ana. "
Lobbyist Ordinance
Clerk of the Council
,June 21 , 2022
Draft Ordinance Highlights
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Expanded the definition of "lobbyist" to include non-profit
organizations
Established the definition of client:
"The person who compensates a lobbyist or lobbying
firm for the purpose of attempting to influence a
legislative or administrative action and the person on
whose behalf a lobbyist or lobbying firm attempts to
influence such municipal action even if the lobbyist or
lobbying firm is compensated by another person for
such representation. "
Lobbyist Ordinance
Clerk of the Council
June 21 , 2022
Draft Ordinance Highlights
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Added clarification of the information that must be
disclosed by a lobbyist at the time of registration
Established that registration expires and must be
renewed annually
Provisions related to the exemptions to the definition
of "lobbyist" were retained from the initial draft and
were expanded
Lobbyist Ordinance
Clerk of the Council
,June 21 , 2022
Draft Ordinance Highlights
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Deadlines included in the initial draft of the proposed
ordinance were retained and the effective dates updated
Provisions related to quarterly reporting, including
information required to be disclosed
Expanded the section related to registration fees to
provide that the City Council may, by resolution, set the
registration fee as well as fees for renewal and late filing
Lobbyist Ordinance
Clerk of the Council
,June 21 , 2022
Draft Ordinance Highlights
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Added requirement to use of the Clerk of the Council's
electronic filing system to file online registration forms and
disclosure reports
Added language providing that duly authorized owners or
officers of lobbying firms shall review the contents and
electronically verify under penalty of perjury that
he/she/they believes the contents are true, correct, and
complete based on personal knowledge or on information
and belief
Lobbyist Ordinance
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Clerk of the Council
June 21 , 2022
Draft Ordinance Highlights
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Retained language that the Clerk of the Council will
make all lobbyist registration and disclosure reports
available online to the public and make copies
available
Defined the duties of the Clerk of the Council, including
a provision that the Clerk may issue notices advising of
registration and filing obligations
Lobbyist Ordinance
Clerk of the Council
,June 21 , 2022
Draft Ordinance Highlights
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Added language that would enable an unregistered
lobbyist to make a presentation at a public meeting of
the Mayor and City Council after:
o Making certain disclosures related to his/her/their
lobbying activities and
o Agreeing to register within seven calendar days and
pay a late registration fee
Lobbyist Ordinance
Clerk of the Council
June 21 , 2022
Draft Ordinance Highlights
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Lobbyist Registration and Disclosure Fees
In addition to the ordinance, fees related to the lobbyist
registration and disclosure program shall be set by resolution.
Annual review of the fees is encouraged to ensure the costs
related to program administration are fully recovered. Other
items to be considered in setting the fee:
o Cost for the registration of the lobbyist as well as a cost
per client
o Staff hours required for processing firms with multiple
clients
I Lobbyist Ordinance
Slide 10 Clerk of the Council
,June 21 , 2022
Draft Ordinance Highlights
Other items to be considered in setting the fee (continued):
o A penalty for late registration and late filing of disclosure
reports to recover the additional costs related to notices and
recordkeeping
o Payment of a renewal fee should cover the costs related to
this process and processing of the annual and quarterly
reporting requirements
Lobbyist Ordinance
Slide 11 Clerk of the Council
June 21 , 2022
Draft Ordinance Highlights
Preliminary Fiscal Impact Analysis
To implement a lobbyist registration policy, the Clerk of the
Council recommends to add an additional $40,000 to cover
personnel costs.
Lobbyist Ordinance
Slide 12 Clerk of the Council
June 21 , 2022
Questions?
Lobbyist Ordinance
LWSlide 13 Clerk of the Council
June 21 , 2022