SR-10-27-2015-7C
City Council
Report
City Council Regular Meeting: October 27, 2015
Agenda Item: 7.C
1 of 4
To: Mayor and City Council
From: Marsha Moutrie, City Attorney, City Attorney's Office
Subject: Introduction and First Reading of Revised Proposed Ordinance Regulating
Lobbying and Information About Disclosures
Recommended Action
Staff recommends that the City Council introduce for first reading the attached proposed
ordinance regulating lobbying and consider staff's proposals regarding disclosure
requirements.
Executive Summary
At its meeting of July 14, 2015, Council directed staff to revise a proposed ordinance
regulating lobbying and to formulate requirements for Council and staff disclosure of
certain contacts from lobbyists and others. This report and the attached proposed
ordinance respond to that direction.
The revised ordinance is basic and simple. It would merely require lobbyists to register
with the City, disclose minimal information about their lobbying activities, and pay a fee
to cover costs of the registration program. Disclosure requirements relating to lobbyists'
compensation, prohibitions on certain activities by lobbyists, exemptions, and remedies
available to members of the public have all been removed from the proposal as per
Council's direction. The definition of "lobbyists" is worded to include contract lobbyists
but exclude persons working for the City as employees or consultants.
Council previously expressed interest in requiring disclosure by Council members of off
record contacts. The proposed ordinance does not address disclosures by Council
members because disclosure may appropriately be addressed in Council's own rules.
Council also expressed interest in requiring staff to maintain logs of contacts. Such a
requirement can be imposed by the City Manager through an Administrative Instruction.
So, it also need not be addressed by ordinance.
2 of 4
Background
As explained in the report for July 14, 2015, lobbying is a constitutional right. However,
the courts have upheld reasonable regulation of lobbying intended to promote
governmental transparency; and cities have adopted ordinances ranging from very
simple to extremely complex.
On December 16, 2014, Council directed staff to prepare a proposed ordinance that
would require lobbyists to register with the City and would include other provisions
promoting transparency. In response staff prepared an ordinance modelled after
ordinances that have been in effect in San Jose and Irvine for some time. However, at
the meeting of July 14th, Council opted to direct preparation of a simpler ordinance, akin
to West Hollywood's, that would require registration and would be enforceable only by
the City. Council noted that the ordinance and regulatory system could be expanded, in
the future, if experience warrants expansion.
Discussion
The attached proposed ordinance conforms to the directions that Council gave on July
14th, for revisions to the previously proposed lobbying ordinance. The proposed
ordinance has been substantially simplified. Provisions requiring income disclosure,
prohibiting certain lobbying activities, creating exemptions, and creating a private right
of action have all been eliminated.
What remains is a basic requirement that lobbyists register with the City and disclose
only basic information about the identity and work of their clients. The defini tion of
"lobbyists" remains broad. However, it has been reworded to ensure that both contract
and in-house lobbyists are covered and that employees and contractors working for the
City are not.
Per Council's direction, the remedies provision has been revised to eliminate the
previously included private right of action such that all enforcement would be
undertaken by the City Attorney and City Clerk. Staff has also modified the proposed
3 of 4
remedies to include the option of enforcement through administrative citation. That
remedy would be available to the City Clerk. It would not be available to the City
Attorney because the City Attorney's Office is responsible for the appeal process
applicable to administrative citations.
The proposed ordinance does not include provisions relating to disclosures by Council
members of contacts relating to quasi-judicial matters or to staff logs of contacts with
lobbyists and financially interested parties. Instead of including these requirements in
the ordinance, staff recommends including them in the Council Rules and the City's
Administrative Instructions respectively.
Alternatives
Council could direct staff to include language on disclosures by Council and staff within
the text of this law. However, Council members are accountable to the body as a whole
and to the community; and Council regulates its own conduct with rules, not laws.
Additionally, including the requirement in the rules would be consistent with City
practice. The disclosure requirements applicable to other quasi-judicial bodies were
voluntarily adopted by those bodies and are contained in their own rules. If including
the requirement in the rules somehow proved to be inadequate, Council could later
consider changing this approach. However, in p ractical reality, the options are limited
because the City Attorney cannot take legal action against Council members.
As to City staff, expectations and requirements for staff conduct on the job are
established by the City Manager through Administrative Instructions, which detail and
document the City's expectations for employees and which are publicly available. The
City Manager can establish detailed requirements for keeping contact logs using that
mechanism. City management is responsible for enforcing requirements established by
Administrative Instructions and does so through disciplinary procedures.
Next Steps
If Council approves and adopts the ordinance, staff will return later this year with a
resolution setting the amount of the lobbyist registration fee. Staff will also suggest
4 of 4
amendments to the Council Rules to require disclosure of off record contacts with
Council members on quasi-judicial matters. Additionally, staff will report back to Council
on implementation of the policy decision mandating the maintenance by staff of contact
logs.
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action. Costs of the registration program would be covered by the
lobbyist registration fee that would be established by the ordinance. That fee would be
set by Council resolution in advance of the effective date of the ordinance.
Prepared By: Marsha Moutrie, City Attorney
Approved
Forwarded to Council
Attachments:
A. Regulating Lobbying Staff Report July 14, 2015
B. LobbyingLawOrd10272015