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.
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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:
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(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.
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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
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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:
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Denise Anderson -Warren, City Clerk Date