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HomeMy WebLinkAbout2007-11-27 - AGENDA REPORTS - LOBBYIST REGISTRATION (2)' NAgenda Item: CITY OF SANTA CLARITA AGENDA REPORT UNFINISHED BUSINESS City Manager Approval: I Item to be presented by: Michael P. Murphy DATE: November 27, 2007 SUBJECT: LOBBYIST REGISTRATION DEPARTMENT: , City Manager's Office RECOMMENDED ACTION City Council introduce and pass to second reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ENACTING A NEW CHAPTER 7.03 OF TITLE 7 OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING INFLUENCING MUNICIPAL LEGISLATION." BACKGROUND At the regular meeting of October 9, 2007, the City Council directed staff to prepare an ordinance for consideration by the City Council that would enact lobbyist registration requirements within the City of Santa Clarita. At the meeting of November 13, 2007, the City Council reviewed a draft ordinance and refined the components for inclusion in a potential ordinance. The Council further directed that the proposed ordinance include provisions relating to post City of Santa Clarita employment activities of Members of the City Council, Members of City Commissions and City staff. The proposed ordinance enacts lobbyist registration requirements anticipated to begin in January 2008. Individuals receiving compensation expressly for the purpose of influencing administrative or legislative matters pending before the City would be required to register on an annual basis with the City Clerk. The lobbyist registration would require 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 Ordinance passed to 'Second reading C. The legislative or administrative action of the City as to which the lobbyist has. been engaged D. Payment of a $120.00 annual registration fee, which covers the cost of registration, processing and record keeping by the office of the City Clerk. E. Payment of a $25.00 fee for purposes of amending a registration, which may include, but is not limited to, change in the legislative or administrative action for which the lobbyist has been engaged, addition of a client by a lobbyist, termination of a client represented by a lobbyist, or other information change relative to the registration on file with the City Lobbyists would be required to register each year during the period January 1 through January 31. Any new lobbyist registration(s)*or amendment(s) to an existing registration would need to be completed within 15 days of initial employment or change occurring, as applicable. A regular employee of an organization, communicating to the City during the course of their employment, would not be considered a lobbyist. The proposed ordinance further provides a process by which an individual whom the City believes should register as a lobbyist may demonstrate that he/she is not required to register as a lobbyist.- The obbyist: The proposed ordinance also contains what is commonly referred to as a "revolving door prohibition" for Council Members, Members of the Planning Commission, Members of the Parks, Recreation, and Community Services Commission, and City staff. Individuals covered under the post employment restrictions would be prohibited from lobbying any City official, elected or appointed, for a period of one year following their employment or term of office with the City of Santa Clarita. Failure of an individual qualifying as a lobbyist to comply with the registration requirements may result in the imposition of fines in the amount of three times the annual registration fee. ALTERNATIVE ACTIONS 1. Not adopt an ordinance relating to lobbyist registration and post employment prohibition. 2. Other direction as determined by the City Council. SCAL IMPACT Implementation of the recommended action shall have no fiscal impact, as the proposed ordinance contains a full cost recovery fee. ATTACHMENTS Ordinance ORDINANCE No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ENACTING A NEW CHAPTER 7.03 OF TITLE 7 OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING INFLUENCING MUNCIPAL LEGISLATION SECTION 1: The City Council of the City of Santa Clarita hereby finds and declares as follows: A new Chapter 7.03 entitled "INFLUENCING MUNICIPAL LEGISLATION" is hereby added to Title 7 of the Santa Clarita Municipal Code. SECTION 2: The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 39633(c). SECTION 3: EFFECTIVE DATE. This ordinance shall take effect 30 days after adoption by the City Council. SECTION 4: THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: TITLE 7 OF THE SANTA CLARITA MUNICIPAL CODE IS HEREBY AMENDED BY ADDING CHAPTER 7.03 TO READ AS FOLLOWS: Chapter 7.03 INFLUENCING MUNICIPAL LEGISLATION Section 7.03.010 Definitions. Section 7.03.020 Registration as Lobbyist. Section 7.03.030 Applicability. Section 7.03.040 Exemption. Section 7.03.050 Recordkeeping by Clerk. Section 7.03.060 Prohibited Acts. Section 7.03.070 Employment of City Council Members or City Employees. Section 7.03.080 Filing Under Penalty of Perjury. Section 7.03.090 Filing and Preservation of Reports. Section 7.03.100 Revolving Door Prohibition. Section 7.03.110 Enforcement. Section 7.03.120 Severability and Survivability. 7.03.010 Definitions. Whenever used in this chapter, the following words and phrases shall be construed as defined in this section: A. "Lobbyist" means any individual or entity employed, retained or otherwise engaged for compensation to communicate with any elective or appointed official, any officer or employee or any task force, committee, board, commission or other body of the city for the purpose of influencing any legislative or administrative action. B "Municipal legislation" means resolutions, motions, appeals, applications, petitions, nominations, ordinances, amendments and other matters pending or proposed before the city council or any of its committees, or before any board or commission, or any committee of a board or commission, or any officer or employee of the city. C. "Public official" means and includes an elected or appointed officer or employee or officially designated representative, whether compensated or not, of the United States or any of its agencies, the state, any political subdivision of the state, including cities, counties, districts, or any public corporation, agency or commission. 7.03.020 Registration as Lobbyist A. Except as provided in Section 7.03.030, any lobbyist shall register with the city clerk by filing a written statement containing the following information: 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; 2 The legislative or administrative action for the city as to which the lobbyist has .been engaged. B. Such registration shall be filed on an annual basis between January 1 and January 31, each year or upon initial employment if that occurs after the annual filing period. Should the registration be filed'upon initial employment after the annual filing period, such registration shall be filed within fifteen (15) days of such initial employment. The city will impose a $120 fee for cost recovery for such annual registrations and may amend the fee by resolution. C. Should a lobbyist have a change to. its registration information, including but not limited to the legislative or administrative action for the city as to which the lobbyist has been engaged, after the annual registration period, such lobbyist shall file an amended registration with the city clerk within fifteen (15) days of such change with the changed information. The city will impose a $25 fee for cost recovery for such amended registrations and may amend the fee by resolution. 7.03.030 Applicability. The provisions of Section 7.03.020 shall not apply: A. To a public official acting in his official capacity; B. To any.newspaper or other regularly published periodical, radio or television station (including any individual who owns, publishes, or is employed by any such newspaper or periodical, radio or television station) which in the ordinary course of business publishes news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge action upon municipal legislation, if such newspaper, periodical, radio or television station or individual engages in no further or other activities in connection with action upon such municipal legislation; C.. To a person invited by the city council or any of its committees, or by any board or commission, or any committee or a board or commission, or by any officer or employee of the city charged by law with the duty of conducting a hearing and making a decision as to a pending or proposed matter, for the purpose of giving testimony in aid of the body or person extending the invitation; D. To a person applying for a grading permit or for a permit relating to the construction, alteration, demolition or moving of a building or to a person filing a parcel map or subdivision tract map; provided, however, that if a person is one described in Section 7.03.020 and he takes an appeal, or represents a person taking an appeal, pursuant to any procedure or authority provided by law from an administrative determination made with respect to such an application or map, he shall be required to register as provided in Section 7.03.020 upon taking the appeal or any action relating to the appeal; and 3 E. To a person who is a professional licensed by a state licensing organization, including, but not limited to, attorneys, architects and engineers; provided however, this exemption for attorneys shall only be applicable if the attorney is engaged in the practice of law with respect to the subject of the employment; F. A regular employee of an organization, communicating to the city during the course of their employment, would not be considered a lobbyist. 7.03.040 Exemption. The city clerk shall issue a "notice of registration required" upon the written request of the council, or any board or commission, or any officer or employee of the city charged by law with conducting a hearing and making a decision on a matter pending or proposed. Any person who in good faith and on reasonable grounds believes that he is not required to comply with the provisions of Section 7.03.020 by reason of his being exempt under Section 7.03.030 shall not be deemed to have violated the provisions of Section 7.03.020 if, within 15 days after notice from the city clerk, he either complies or furnishes satisfactory evidence to the city clerk that he is exempt from registration. 7.03.050 Recordkeeping by Clerk. All information required to be filed under the provision of Section 7.03.020 shall be compiled by the city clerk as soon as practicable after the annual registration period and shall be forwarded to the city manager. All such information shall be preserved by the clerk pursuant to the city's records retention schedule, shall constitute part of the public records of his office, and shall be open to public inspection. 7.03.060 Prohibited Acts. It is unlawful for any person or entity to act as a lobbyist in the city withouthaving registered in compliance with this chapter, or knowingly to employ a person or entity to serve as a lobbyist when such person is not registered pursuant to this chapter. 7.03.070 Employment of City Council Members or City Employees. If any person registered or required to be registered under Section 7.03.020 employs or requests, recommends, or causes his employer to employ, and such employer does employ, any member of the city council, or any person known by him to be an officer or employee of the city, in any capacity whatsoever, he shall file, within ten days after commencement of such employment, a statement with the city clerk, setting out the nature of the employment, the name of the person to be paid thereunder, and the amount of pay or consideration to be paid thereunder, and the date first employed. 7.03.080 Filing Under Penalty of Perjury. M Any person desiring to register as a lobbyist shall file under penalty of perjury on forms prescribed by the city clerk, the information required by Section 7.03.030. 7.03.090 Filing and Preservation of Reports. A. The filings required by this chapter shall be filed under oath with the city clerk on forms prescribed by the city clerk and may be filed: In person; or 2. Be deemed properly filed when deposited in an established post office within the prescribed time, duly stamped, and directed to the city clerk, at the City Hall, but in the event it is not received, copies of such statement shall be promptly filed upon notice from the city clerk of its nonreceipt; or 3. Electronically (on-line) by forwarding to the City Clerk a copy of the prescribed form via electronic mail together with a facsimile copy of the form showing execution by the lobbyist. Such electronic filing shall be effective upon receipt by the City of the filing fee. B. All reports and statements required under this chapter which are filed with the city clerk shall be preserved by pursuant to the city's records retention schedule, shall constitute part of the public records of his office, and shall be open to public inspection. 7.03.100. Revolving Door Prohibition. No former member of the city council, former member of a city commission, or former city employee may serve as a lobbyist with respect to the city within one year of leaving office or employment with the city. 7.03.110 Enforcement. Persons or entities who knowingly violate this chapter may be subject to fines for up to three times the annual registration fee. 7.03.120 Severability and Survivability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. 5 PASSED AND ADOPTED this day of , 2007. ATTEST: Sharon Dawson CITY CLERK Marsha McLean MAYOR rel