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HomeMy WebLinkAbout2007-09-25 - AGENDA REPORTS - LOBBYIST REGISTRATION (2)Agenda Item• 410 CITY OF SANTA CLARITA AGENDA REPORT NEW BUSINESS City Manager Approval: Item to be presented by: Michael P. Murphy DATE: September 25, 2007 SUBJECT: LOBBYIST REGISTRATION DEPARTMENT: City Manager's Office RECOMMENDED ACTION City Council provide direction to staff. BACKGROUND At the August 28, 2007 City Council meeting, upon the request of Council Member Boydston; the Council directed staff to prepare an agenda report relating to lobbyist registration with the City of Santa Clarita. The purpose of requiring lobbyist registration is to maintain fair and open decision making processes within City government and inform the public of lobbying activities bearing on legislative and administrative action. The following is the typical framework of a lobbyist registration ordinance found from other cities that could be adopted in Santa Clarita. Lobbying activities can be broken down into three general categories. The first category is an individual representing their own interest(s) regarding an administrative or legislative matter pending before the City. The second category is an individual or group representing a specific interest, but not receiving compensation. Examples of this type of lobbying activity include homeowners' associations or non-profit organizations. The third general category of lobbyists are individuals who receive compensation expressly for the purpose of influencing administrative or legislative matters pending before the City. A typical sample definition of a compensated "lobbyist" as outlined under the third general category above is as follows: "Lobbyist means any person who is employed or contracts for economic consideration, other than reimbursement for reasonable travel expenses, to perform lobbying services which shall include communicating directly or through his or her Continued To:aL�b x.067 agent with any city official for the purpose of influencing, supporting, promoting, modifying, opposing, delaying or advancing any municipal legislative or administrative action." Typically, municipal lobbyist registration is handled through the City Clerk. Prior to acting as a lobbyist in the City, any qualifying individual would need to register as a lobbyist with the City Clerk by filing a written statement containing the following information: A. The lobbyist's full name, business address, and telephone number B. 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 C. The legislative or administrative action of the City as to which the lobbyist has been engaged Representative ordinances of other municipalities require a lobbyist to register their information with the City Clerk within 10 to 15 days after the lobbyist's services are engaged. In the event any of the information provided above changes in any respect, the lobbyist is required to file an amended registration statement reflecting the changed circumstances within 10 days of the change. Some lobbyist registration ordinances require that a lobbyist employer also file a registration statement in addition to the registration required of a lobbyist. This practice is seen in some circles as redundant information, but in other areas it as seen is a validation of the information provided by the lobbyist to ensure that all information is properly reflected in the public record. The City Council may wish to establish a registration fee, which shall be paid concurrently with registration to cover the administrative costs of regulating lobbying activities in the City. A registration would not be deemed complete unless the fee is paid. Fee structures may include a lobbyist registration fee and then an additional "client fee" for each client of the lobbyist. Fees are usually charged for any amendments filed during the term of registration, including but not limited to, a termination fee of the lobbyist's registration, termination of a client represented by a lobbyist, addition of a client by a lobbyist, or other information change relative to registration information on file with the City. The term for registration can be either one time from initial registration until termination or an annual registration. A lobbyist registration ordinance is the appropriate place to include restrictions on post employment activities of City employees, City Council Members, Members of the Planning Commission and Members of the Parks Recreation and Community Services Commission and other commissions, boards, committees, or task forces created by or having members appointed by the City Council. Commonly referred to as "revolving door restrictions" individuals covered under such an ordinance would be prohibited from lobbying any city official, elected or appointed, for a specific term typically from six months to two years. A one year Testriction is the most common time frame. Enforcement of the lobbyist registration requirements can take the form of fines for failure to comply or an increase in the filing fee (i.e. doubling or tripling the registration amounts). Additionally, civil action may be undertaken by the City Attorney for failure to register and, depending upon the desire of the Council, may be deemed a misdemeanor criminal offense. The City Council may wish to consider whether it is appropriate to enact lobbyist registration requirements and if deemed desirable, the parameters that such ordinance should contain. ALTERNATIVE ACTION Other action as determined by Council. FISCAL IMPACT Resources required for implementation of the recommended action are contained within the adopted FY 07/08 City of Santa Clarita budget.