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Home My WebLink About1990-03-27 - AGENDA REPORTS - LOBBYIST REGISTRATION (2)AGENDA REPORT City Manager Approval Item to be presented CONSENT CALENDAR DATE: March 27, 1990 SUBJECT: LOBBYIST REGISTRATION DEPARTMENT: City Attorney BACKGROUND Carl Newton At the Council meeting of February 27, 1990, City Council reviewed a draft ordinance which would require a formal registration of all persons in the City who are paid representatives of others, or lobbyists. Of the several hundred cities in California, staff determined .that only three of the largest cities in the State have adopted similar ordinances to govern lobbyist activities and to provide for their registration. It is recommended by the City Attorney that Council allow any .speaker who so desires, as would be required pursuant to the Ralph M. Brown Act and principles of due process, to speak. Instead of adopting, an ordinance that could be cumbersome for many. citizens who deal with the City, it may be more effective to simply adopt a Council policy requiring speakers to identify their affiliation. Each speaker is currently required to complete a speaker's slip. In order to meet the City's interest the speaker's slip should specify whether or not the person speaking is a paid representative of another person or entity and the name of the person or entity: RECOMMENDATION Adopt by minute action Council policy to require that all speakers provide the name of the person or entity the speaker is paid to represent. ATTACHMENT Letter dated March 19, 1990 from City Attorney Current Speaker's Slip Amended Speaker's Slip pPP El Agenda Item: LAW OFFICES BuaRE, WILLIAMS 8C SORENSEN ONE WILSHIRE BUILDING MARTIN J. BURKE' GREGORY A. DOCIMO 624 SOUTH GRAND AVENUE, IIT- FLOOR JAMES T. BRADSHAW. JR.- ELIZABETH L HANNA MARK G ALLEN, JR- KATHRYN R PETERS* LOS ANGELES, CALIFORNIA 90017 MARTIN L BURKE' LISA E KRANITZ (213) 236-0600 CARL K- NEWTON' KIM E MCNALLY J. ROBERT FLANORICK' DENNIS I. FLOYD NORMAN E. GAARt LINDA L DAUBE TELECOPIER: (213) 236-2700 EDWARD M. FOX' M. LOIS BOBAK DENNIS R BURKE' ROBERT V. WADDEN LELAND G DOLLEY' FRANK H. WHITEHEAD, III HARRY G WILLIAMS COLIN LENNARD' SCOTT H. CAMPBELL (1912-1967) THOMAS J. FEELEY' MARYANN LINK GOODKIND NEIL F. YEAG ER' TIMOTHY B. McOSKER ROYAL M. SORENSEN BRIAN A PIERIK' DIANA L. FIELD (19W1963) CHARLES M. CALDERON' RITA J. TAYLOR PETER M. THORSON* STEVEN J. DAWSON JERRY M. PATTERSON JAMES F. RIGAU HAROLD A. BRIDGES' JAMES R. FELTON CHERYL J. KANE* TERRY R KAUFMANN RAYMOND J. FUENTES' STEPHEN R. ONSTOT VIRGINIA R. PESOLA JAIME AREVALO March 19 / 1990 S. PAUL BRUGUERA F. DANIELS CRAWFORD. ME B. DEREK STRAATSMA MARIANNE WOO DOUGLAS G HOLLAND JOHN E. CAVANAUGH DON G. KIRCHER MARK D. HENSLEY MICHELE VADON-RIVERA PETER D. TREMBLAY SCOTT F. FIELD G MICHAEL ZWEIBACK MARY REDUS GAYLE* ROGER T. ITO RUFUS G YOUNG, JR. 'PROFESSIONAL CORPORATION to PROFESSIONAL ASSOCIATION ADMITTED KANSAS b MISSOURI .ADMITTED KANSAS Mayor and Members of the City Council CITY OF SANTA CLARITA 23920 Valencia Boulevard, Suite 300 Santa Clarita, California 91355 Re: Lobbyist Registration Dear Mayor and Members of the City Council: VENTURA COUNTY OFFICE 2310 PONDEROSA DRIVE SUITE I CAMARILLO, CALIFORNIA 93010 (605) 967-3466 ORANGE COUNTY OFFICE 3200 BRISTOL STREET SUITE 640 COSTA MESA, CALIFORNIA 92626 1744/ 545-5559 LIGHTON PLAZA 7300 COLLEGE BOULEVARD SUITE 220 OVERLAND PARK, KANSAS 66210 (9 13) 339-6200 OF COUNSEL DWIGHT A. NEWELL WRITER'S DIRECT DIAL 213-236-2708 OUR FILE NO. 02012-001 This letter is in response to your direction of February 13, 1990 that the City Attorney develop an enforceable procedure to register lobbyists. Given the stated interests of the. Council, the advice of the City Attorney is to adopt a policy to require that all speakers before the City Council state whether they are paid representatives of some other person or entity and to provide the name of the person or entity the speaker is paid to represent. This information can be provided on the speaker's slip and orally, as the Council may desire. At your meeting of February 13, 1990, you reviewed a draft ordinance which would require a formal registration of all persons in the City who are paid representatives of others, or lobbyists. Of the several hundred cities in California, your staff has determined that only the cities of San Diego, Los Angeles and San Francisco have adopted similar ordinances to govern lobbyist activities and to provide for their registration. Those ordinances define lobbyists as persons who are paid directly or reimbursed for expenses when they engaged in activities to attempt to influence the action on municipal legislation. Each V Mayor and Members of the City Council March 19, 1990 Page 2 61' ordinance, following litigation over the City of Los Angeles ordinance, provides certain.exclusions for professionals licensed to practice in the State of California; such -as attorneys and architects, public officials who are acting in their official capacity, newspaper people exercising First Amendment activity, persons invited by the City to provide such testimony, or persons who are appearing pursuant to a procedure established by a state or federal law. Except for these circumstances, no lobbyist may appear before the council until he or she has properly registered with the City Clerk. It is the opinion of this office that this form of an ordinance may not be narrowly tailored to meet the particular interests of the City. Rather, it is my recommendation that the Council allow any speaker who so desires, as would be required pursuant to the Ralph M. Brown Act and principles of due process, to speak. Currently, each speaker is required to complete a speaker's slip. In order to meet the City's interest in knowing when an individual is a paid representative of another, the speaker's slip should include the following two lines: "Are you a paid representative for another person or entity? Yes [ ] No [ ] If yes, I am a paid representative for The speaker slips would be used when any person addresses the Council, regardless of whether a matter calls for a quasi-judicial or a legislative act by the Council. As is the City's practice, the Mayor will have access to the speaker's slip. Where the Mayor sees that the speaker is a paid representative, she or he shall ask the speaker to put that information on the record. Where a speaker refuses to put the information on the record, the Mayor may read from the card for the information of the public and Council. This procedure is preferable to the lobbyist ordinance proposed for your review in that any interested member of the public is allowed to speak, regardless of paid representation. Rather than limiting speech, this procedure Mayor and Members of the City Council March 19, 1990 Page 3 11 will allow all speakers to increase the information provided to the Council in public. The Council may adopt this policy by minute action, directing the City Clerk to revise the speaker's slip. If you have any additional questions regarding this matter, please do not hesitate to contact me. cerel Carl K. Newton of BURKE, WILLIAMS & SORENSEN TBM:stn TBM/WP/LTR39506 cc: George A. Caravalho City Manager CITY OF SANTA CLARITA REQUEST TO ADDRESS CITY COUNCIL Date I wish to address the City Council regarding Item No. Subject ( ) in favor ( ) neutral ( ) opposed I wish to address the City Council regarding the following NOT on the agend Name Addres Homeowner ( ) Yes ( ) No Are you a paid representative for another person or entity? ( ) Yes ( ) No If yes, I am a paid representative for: " CITY OF SANTA CLARITA I REQUEST TO ADDRESS CITY COUNCIL-' Date I wish to address the City Council regarding Item No. Subject [ ] in favor [ ] neutral [ ] opposed I wish to address the City Council regarding the following NOT on the aqenda Name Address Are you representing an association: [ ] No [ ] Yes Association Name: CITY CLERK'S NOTE: Please fill out clearly and submit to City Clerk. Homeowner [ ] No [ ] Yes G