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O2511f:latty\muni\share\laws\mjm\Regulati ng Lobbying Ord 032220162d City Council Meeting: March 22, 2016 Santa Monica, California ORDINANCE NUMBER ' s-I� (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REGULATING LOBBYING WHEREAS, Santa Monica's City government exists to serve the people of Santa Monica, who have the right to witness, monitor and control their government; and WHEREAS, governmental transparency effectuates these rights; and WHEREAS, the possibility of special interests acting outside the public purview to privately influence decision makers undermines the people's confidence that their government serves them and the broader public interest; and WHEREAS, regulation of lobbying activities helps ensure governmental transparency and thereby fosters public confidence in government; and WHEREAS, the people of Santa Monica, acting individually, in groups, and through representatives and entities also have a First Amendment right to lobby and otherwise petition their government for the purpose of securing their own interests; and WHEREAS, since lobbying is a constitutional right guaranteed by the First Amendment, this ordinance is intended to both promote public confidence through transparency and also to respect and safeguard individual rights. 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Chapter 4.85 shall be added to Municipal Code as follows: 4.85.010 Definitions "Lobbyist" means any individual who receives economic consideration as the employee, representative or contractor of a person or entity other than the City of Santa Monica for communicating with any official or employee of the City for the purpose of influencing a legislative or administrative action. For purposes of this Chapter, "Lobbyist" does not include City contractors and those seeking City contracts through bids and proposals. "Official" means any person who is: (a) elected to the City Council; (b) appointed by the City Council to serve on a board or commission or as a City employee; (c) a City employee appointed to serve as director of a City department; and (d) a City employee who makes direct recommendations to a person listed in subsection (a), (b), or (c) or who has decision-making authority as to contracts, permits or other government approvals or benefits. 4.85.020 Registration and Reporting Requirements A Lobbyist shall annually register with the City Clerk, no later than ten days after qualifying as a Lobbyist under this chapter, on a registration form provided by the City, and shall thereon disclose: 2 (a) name; (b) business street and mailing address; (c) e-mail address; (d) telephone number; (e) the names of all owners of the Lobbyist's business if the business is a sole proprietorship or partnership of less than 5 members; (f) a description of the nature of the business entity or organization; (g) the name, business address and phone number of each client receiving lobbying services; (h) the nature of each client's business; (i) a brief description of the governmental decision that the Lobbyist seeks to influence on each client's behalf and the names of the Officials the Lobbyist has contacted on each client's behalf. 0) the name of each person employed or retained by the Lobbyist to engage in lobbying activities on each client's behalf; (k) 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 remuneration, but do not include campaign contributions. A Lobbyist shall file an amendment to his or her registration and reporting form within 10 days of any change in the information required to be disclosed on the form and shall report the names of all Officials contacted about a governmental decision prior to any public hearing on that decision. 3 4.85.030 Lobbyist Registration Fees A Lobbyist's annual registration fee is hereby established to be set and periodically adjusted by City Council resolution in an amount sufficient to cover the costs of administering this Chapter. 4.85.040 City Clerk's Regulatory Authority (a) The City Clerk may promulgate rules and regulations implementing this Chapter. (b) No person shall violate any rule or regulation implementing this Chapter, and any such violation shall constitute a violation of this Chapter. 4.85.050 Remedies (a) The City Attorney and the City Clerk shall be responsible for enforcing the requirements of this Chapter. (b) Criminal Penalty. Any person who is convicted of violating this Chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not greater than Five Hundred Dollars ($500) or by imprisonment in the County .fail for not more than six months, or by both such fine and imprisonment. (c) Civil Action. The provisions of this Chapter may be enforced by means of a civil action for injunctive and other relief, including statutory damages. (d) Penalties and Other Monetary Awards. In a civil action, any person determined to have violated this Chapter may be held liable for statutory damages in an amount of up to Ten Thousand Dollars ($10,000) and for such reasonable attorneys' fees and costs as may be awarded by the court. T. (e) Administrative Enforcement. The provisions of this Chapter may also be enforced through the issuance of administrative citations and the imposition of administrative fines to be set by resolution of the City Council. Administrative citations for violations of this Chapter shall be issued by the City Clerk. SECTION 2, Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 180 days from its adoption. APP OVED AS TO FORM: M RSHA NE M TRIS City-/Attorp y 5 State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Denise Anderson -Warren, Acting City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2511 (CCS) had its introduction on March 1, 2016, and was adopted at the Santa Monica City Council meeting held on March 22, 2016, by the following vote: Ayes: Councilmembers: Davis, Himmelrich, McKeown, O'Connor, O'Day Mayor Pro Tem Winterer, Mayor Vazquez Noes: Councilmembers: None Absent: Councilmembers: None A summary of Ordinance No. 2511 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: kjjjV,j, JtrdU4414,d4W� . 4.z,5. /& Denise Anderson -Warren, City Clerk Date