HomeMy WebLinkAboutNS-3022 - Adding Article XI Entitled Lobbyist Registration to Chapter 2 of the Santa Ana Municipal CodeORDINANCE NO. NS-3022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA, ADDING ARTICLE XI
ENTITLED "LOBBYIST REGISTRATION' TO CHAPTER 2
OF THE SANTA ANA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Article XI entitled "Lobbyist Registration" is hereby added to Chapter 2
of the Santa Ana Municipal Code to read, in its entirety, as follows:
ARTICLE XI. — LOBBYIST REGISTRATION
Sec. 2-905. — Purpose and Intent.
It is the purpose and intent of the City Council of the City of Santa Ana in enacting these
regulations to promote public confidence and trust, preserve the integrity of local
government decision -making, and provide members of the community with access to
information about persons and organizations who attempt to influence decisions of City
government through paid lobbyists. Through these regulations, lobbyists shall be
required to register themselves and their clients and disclose the nature of their lobbying
efforts, compensation, donations, and fundraising efforts and this information shall be
accessible to members of the public.
Sec. 2-906. — Definitions.
(a) "City official' shall mean any elected or appointed official of the City of Santa
Ana, city officer as defined in Section 2-300 of this Code, member of the Council,
as it may be amended from time to time.
(b) "Client' means both 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 lobbyists[obizying_firr attempts -too influence such
municipal action even if the lobbyist or lobbying firm is compensated by another
person for such representation.
(c) "Gift' shall have the same meaning as in Section 2-852(e) of this Code.
(d) "Lobby" or "Lobbying" means communicating, for compensation, for the purpose
of influencing a municipal legislative or administrative action or decision.
(e) "Lobbyist" means any individual, business entity or organization, including a non-
profit organization, that receives or becomes entitled to receive five hundred
dollars ($500) or more in consideration in a calendar month, other than
reimbursement for reasonable travel expenses, to communicate, directly or
through his or her agents, on behalf of any other person or entity, with any
elected or appointed official of the City for the purpose of influencing legislative or
administrative action of the City of Santa Ana. This subsection shall apply only to
this Article.
Sec. 2-907. — Registration required.
(a) Any individual or entity that qualifies as a lobbyist pursuant to this Code shall
register with the Clerk of Council within fifteen (15) business days of qualifying as
a lobbyist on a registration form provided by the City, and shall thereon disclose:
Lobbyist/lobbying firm;
Business mailing address;
3. Email address;
4. Telephone number;
5. The names of all owners of the lobbyist business;
6. The names of each individual lobbyist;
A description of the nature of the business entity or corporation;
8. The name, business address, telephone number, and email address of
each client receiving lobbying services;
The nature of each client's business;
10. A brief description of the governmental decision that the lobbyist seeks to
influence on each client's behalf, the desired outcome, and the names of
the officials the lobbyist has contacted on each client's behalf;
11. The name of each person employed or retained by the lobbyist to engage
in lobbying activities on each client's behalf; and
12. The date, amount, and description of any payment made to, or on behalf
of any city official or member of an official's family. Payments to be
disclosed include gifts, meals, fees, salaries, and any other form of
compensation or renumeration.
(b) A lobbyist shall file an amendment to his or her registration and reporting form
within fifteen (15) business days of representation of a new client or any change
in the information required to be disclosed on the form related to existing clients.
(c) No person who qualifies as a lobbyist shall contact or communicate with any
official of the City without first registering as a lobbyist and identifying himself or
herself as a lobbyist.
(d) Lobbyists shall report to the Clerk of the Council the names of all officials
contacted about a government decision eight (8) days prior to any public hearing
on that decision.
(e) An entity or person that registers as a lobbyist retains that status through January
2 of the following calendar year unless it terminates that status by giving notice,
in writing, on the form provided to the Clerk of the Council.
(f) Lobbyist registration expires on January 2 of each year and shall be renewed on
or before January 3 or the next business day if the lobbyist requalifies as a
lobbyist.
Sec. 2-908. — Exemptions from registration.
The following persons or entities are exempt from registration as a lobbyist:
(a) Any public official acting in his or her official capacity and any government official
or employee acting within the scope of his or her employment.
(b) A person acting without any compensation or consideration other than
reimbursement or payment of reasonable travel expenses.
(c) Any person representing themselves in attempting to obtain decisions related to
their own property or business.
(d) Any person appearing solely at the request or demand of city staff for the
purpose of providing information at a public hearing or enforcement proceeding.
(e) Any person whose only activity is submitting a bid on a competitively bid contract,
submitting a written response to or participating in an oral interview related to a
request for proposals or qualifications, or negotiating the terms of a written
agreement with any city agency following a request for proposals or request for
qualifications process.
(f) A newspaper or other regularly published periodical, radio or television station or
network, including any individual who owns, publishes or is employed by such
entity, when in the ordinary course of business, it publishes or broadcasts news,
editorials or other comments, or paid advertising, which directly or indirectly
attempts to influence City officials or employees regarding current or future City
legislation, administrative decisions, or City Council elections or local initiative
measures, if such entity or individual engages in no other activities to influence a
municipal decision.
Sec. 2-909. — Required disclosure reports.
(a) Annual reports.
Lobbyists shall file yearly disclosure reports with the Clerk of Council on a
form prepared by the Clerk of Council specifying in detail the following:
a) The nature of the issues they are trying or tried to influence through
lobbying of City officials;
b) Identify each client and the amount of compensation received from
each client for communicating using any means with City officials
for the purpose of influencing a municipal legislative or
administrative action or decision;
c) All campaign contributions and gifts to elected City officials;
d) All fundraising activities conducted on behalf of City elected
officials;
e) All contributions or gifts to political campaigns;
f) All contributions or gifts made at the behest of City elected officials;
g) All contributions or gifts to political campaigns made at the behest
of elected City officials;
h) All contributions or gifts to religious institutions made at the behest
of elected City officials;
All contributions or gifts to non-profit organizations made at the
behest of elected City officials;
j) All payments received by the lobbyist for services as a consultant to
the City or any City agency;
k) Any compensated work done for a political campaign of an elected
City official; and
1) Past lobbying activity in the City.
2. Yearly disclosure reports shall be filed with the Clerk of Council no later
than October 1st starting in 2023.
(b) Quarterly Political Contributions Reports. Lobbyist shall file quarterly reports
regarding contributions to an elected City official or the controlled committee of
an elected City official.
1) All reports will be on a form prepared by the Clerk of Council.
2) Each report will be filed with the Clerk of Council no later than January 1 st,
April 1st, July 1st, and September 1st of every year starting in 2023.
(c) Quarterly Fundraising Activity Reports. Lobbyists shall file a quarterly report with
the Clerk of Council if the lobbyist, within the last 12 months:
1) Engaged in fundraising activities on behalf of an elected City official and/or
an elected City official's controlled committee and knows or has reason to
know that the fundraising activity resulted in a contribution or
contributions; or
2) Delivered or acted as an intermediary for one or more contributions to an
elected City official and/or any of an elected City official's controlled
committees.
3) All reports will be on a form prepared by the Clerk of Council.
4) Each report will be filed with the Clerk of Council no later than January 1 st,
April 1 st, July 1 st, and September 1 st of every year starting 2023.
Sec. 2-910. — Online disclosure of report forms and reports.
Every lobbying firm or lobbyist required to file a registration form or disclosure report
shall use the Clerk of the Council's electronic filing system to file such forms or reports
online. It is unlawful for a lobbying firm to file a registration form or disclosure report
unless a duly authorized owner or officer has reviewed the contents and electronically
verified under penalty of perjury that he or she believes the contents to be true, correct,
and complete based on personal knowledge or on information and belief. In the event
the Clerk's online filing system is not capable of accepting a required form or report, a
lobbying firm or lobbying shall file that form or report in an electronic format with the
Clerk on or before the deadline.
Sec. 2-911. — Registration fee.
The City may charge a lobbyist registration fee including fees related to the annual
renewal and penalties to cover the costs associated with administering the lobbyist
registration and disclosure program. The fees shall be in such amounts established by
resolution of the City Council.
Sec. 2-912. — Disclosure reports made available to the public.
The Clerk of Council shall make all lobbyist registration and disclosure reports available
online to the public and copies available through the Clerk of Council's office.
Sec. 2.913. — Powers and duties of the Clerk of the Council.
(a) The Clerk of the Council may issue a notice of filing obligations to any person or
entity who a City official or other person has reason to believe should file a
registration form or disclosure report. Before sending the notice, the Clerk shall
determine whether facts exist to warrant sending a notice. If, within ten (10)
business days after the Clerk has sent a written notice, the person or entity either
complies with this Chapter or furnishes satisfactory evidence to the Clerk that he
or she is exempt from the filing obligations, a violation will be deemed not to have
occurred.
(b) The Clerk of the Council shall report apparent violations of this Chapter to the
City Attorney's Office.
(c) The Clerk of the Council shall preserve all registration forms and disclosure
reports required to be filed under this Chapter for a period of five (5) years from
the date of filing. These registration forms and disclosure reports shall constitute
part of the public records and shall be open to public inspection. Copies shall be
made available by the Clerk upon request and payment of any lawful copy
charges.
(d) The Clerk of the Council shall have the power to adopt all reasonable and
necessary procedures to implement this Chapter.
Sec. 2.914.-Appearance of an unregistered lobbying.
If a lobbyist who has not registered appears at a public meeting of an legislative body of
the City to make a presentation on behalf of a client, the lobbyist will be permitted to
make the presentation upon stating, on the record, the following: 1) The lobbyist's full
name, business address and telephone number; 2) The name, business address, and
telephone number of any individual or entity by whom the lobbyist is employed, retained
or engaged for compensation to perform lobbying services in the city; and 3) The
legislative or administrative action of the city with respect to which the lobbyist has been
employed, retained or engaged.
The lobbyist shall be required to file the required registration form and pay the
registration fee and any penalty fee set by resolution, to the Clerk of the Council upon
completion of such presentation.
Sec. 2-915. — Penalty for violation.
(a) Every violation of the provisions of this Article may be charged as either a
misdemeanor or as an infraction in the discretion of the citing officer or city
attorney and, upon conviction thereof, shall be punishable as provided for in
section 1-8 of this Code.
(b) Each day any violation of any said provision of this chapter shall continue shall
constitute a separate offense.
(c) Any person convicted of violating this Article may not act as a lobbyist within the
City or otherwise attempt to influence City legislation for compensation for one
year after such a conviction.
(c) Residents of the City of Santa Ana shall have standing to bring a civil action for
enforcement of this Article.
(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 Article.
Section 2. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 3. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 4. The Clerk of Council shall certify the adoption of this Ordinance and
shall cause the same to be published as required by law.
ADOPTED this 19t" day of July, 2022.
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: �ay-y . � . (5✓ r<Y2 1
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Vicente Sarmiento
Mayor
Hernandez Lopez. Mendoza Penaloza,
Phan Bacerra, Sarmiento (7)
None (0)
None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-3022 to be the original ordinance adopted by the City Council of the
City of Santa Ana on Jul v 19, 2022 and that said ordinance was published in accordance
with the Charter of the City of Santa Ana.
Date: 7I a b l 2 a
Daisy Gomez
�{ Clerk of the Council
City of Santa Ana