SR 10-25-2022 10D
City Council
Report
City Council Meeting: October 25, 2022
Agenda Item: 10.D
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration
Subject: Introduction and First Reading of an Ordinance Amending Santa Monica
Municipal Code Sections 4.85.010 and 4.85.015 Related to Lobbying Activity
and Participation of Lobbyists on City of Santa Monica Boards and
Commissions
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance, which does the following:
1. Amends Santa Monica Municipal Code Section 4.85.010 to further clarify and
define “lobbying activity,” with a financial threshold, with certain exceptions;
2. Adds Section 4.85.015 to prohibit any individual from serving on a City board,
commission, task force, or advisory board if that individual is currently registered
as a lobbyist in the City of Santa Monica or registered as a lobbyist in the two
years prior to appointment.
Executive Summary
At its July 13, 2021, meeting, Council directed staff to return with a proposed ordinance,
similar to that in place in Beverly Hills, and in particular that: (1) more precisely defines
what constitutes a lobbyist/legislative advocate; (2) precludes any individual who in the
prior two years has been acting as a lobbyist/legislative advocate from being appointed
to a board, commission, or task force; and (3) precludes any member of a board,
commission, or task force from simultaneously acting as a lobbyist/legislative advocate.
Based on Council’s direction staff reviewed lobbying ordinances in similar jurisdictions
and undertook a legal review on various lobbying laws in effect throughout the state.
Staff recommends adding a definition of ‘lobbying activity’ to Section 4.85.010 that will
further describe actions by an individual that constitute lobbying. It is also
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recommended that creating Section 4.85.015 to prohibit any individual from serving on a
City board, commission, task force, or advisory board if that individual is currently
registered as a lobbyist in the City of Santa Monica or registered as a lobbyist in the two
years prior to appointment.
Background
In 2016, Council adopted Ordinance No. 2511 (CCS). Before it was adopted, the
ordinance was debated at several Council meetings over two years and many
months in 2015 and 2016. It underwent several revisions before being adopted.
Some versions of the law were deemed too elaborate and complex; other versions
were considered too simple and threadbare. The version of the law that was finally
adopted was a compromise and modelled after one in effect in the City of West
Hollywood. It was viewed then as perhaps a first step, a work in progress.
The City’s current law requires lobbyists to register with the City Clerk’s office. All
lobbyists must register no later than ten days after qualifying as a lo bbyist, and
any changes to the registration information must be reported within ten days of the
change. The ordinance includes a list of exemptions that are intended to ensure that
the ordinance is narrowly tailored to achieve its purpose of transparency without
impermissibly burdening First Amendment rights.
During the Council’s July 13, 2021, meeting, Council directed staff to return with some
limited amendments to the City’s lobbying law. The Council looked in particular to the
ordinance in place in Beverly Hills, and requested that, like Beverly Hills’ law, Santa
Monica’s law: (1) more precisely define what constitutes a lobbyist/legislative advocate;
(2) preclude any individual who in the prior two years has been acting as a
lobbyist/legislative advocate from being appointed to a board, commission, or task
force; and (3) preclude any member of a board, commission, or task force
from simultaneously acting as a lobbyist/legislative advocate.
Discussion
Addition of a ‘Lobbying Activity’ Definition to the Santa Monica Lobbying Ordinance
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as defined in Section 4.85.010, a lobbyist is 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. “Lobbyist” does not include City contractors and those seeking City
contracts through bids and proposals. Where Santa Monica’s Lobbying Ordinance
differs from some other jurisdictions is that some other jurisdictions separately and
more comprehensively define what constitutes lobbying activities. This largely
stems from the City’s law being originally modeled after the City of West
Hollywood’s law.
Section 4.85.010 would be amended as follows:
4.85.010 Definitions.
“Lobbyist” means any individual who receives economic consideration, including
cash, expenses paid, and/or in-kind compensation, totaling more than $7,500 in a
calendar year 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 City action. The $7,500 threshold shall be adjusted
on January 1 of each year beginning in 2024 by the most recent California Consumer
Price Index as published by the State of California.
For purposes of this Chapter, “Lobbyist” does not include the following:
(a) City contractors and those seeking City contracts on their own behalf
through bids and proposals;
(b) Licensed architects;
(c) Licensed professional engineers; and
(d) Representatives of other government agencies.
“Official” means any person who is:
(a) A members of the Santa Monica City Council;
(b) Appointed by the Santa Monica City Council to serve on a board or
commission; and,
(c) The City Manager, City Attorney, and City Clerk;
(c) A City employee appointed to serve as director of a A City department
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director; and
(d) Any other person who is required to file a Statement of Economic
Interest in connection with the City of Santa Monica.
Section 4.85.015 would be added as follows:
Section 4.85.015 Prohibition on Lobbyists Serving on City Boards, Commissions,
Task Forces, or Advisory Boards.
Any person who has been a Lobbyist in the prior two years prior to the start of a
term, and once appointed, shall be ineligible to be appointed or to continue to serve on
a City board, commission, task force, or advisory board.
Recommendation
Introduce for first reading the amendments to Santa Monica Municipal Code Section
4.85.010 and 4.85.015. If the Council wishes to consider further changes to the
Lobbying Ordinance, it is recommended that the Council schedule and conduct a study
session on lobbying.
Financial Impacts and Budget Actions
None.
Prepared By: Douglas Sloan, City Attorney
Approved
Forwarded to Council
Attachments:
A. ORD Lobbying 102522
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City Council Meeting: October 25, 2022 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.85.010, DEFINITIONS,
AND ADDING SECTION 4.85.015 TO PROHIBIT ANY INDIVIDUAL FROM SERVING
OR CONTINUING TO SERVE ON A CITY BOARD, COMMISSION, TASK FORCE, OR
ADVISORY BOARD IF THAT INDIVIDUAL HAS ENGAGED IN LOBBYING ACTIVITES
IN THE CITY OF SANTA MONICA IN THE TWO YEARS PRIOR TO APPOINTMENT
WHEREAS, in 2016, Council adopted Ordinance No. 2511 (CCS) requiring
lobbyists to register with the City Clerk’s office; and
WHEREAS, all lobbyists must register no later than ten days after qualifying as a
lobbyist, and any changes to the registration information must be reported within ten days
of the change; and the ordinance includes a list of exemptions intended to ensure the
ordinance is narrowly tailored to achieve its purpose of transparency without
impermissibly burdening First Amendment rights; and
WHEREAS, at its July 13, 2021, meeting, Council directed staff to return with a
proposed ordinance, similar to that in place in other municipalities, that: (1) more precisely
defines what constitutes a lobbyist/legislative advocate; (2) precludes any individual who
in the prior two years has been acting as a lobbyist/legislative advocate from being
appointed to a board, commission, or task force; and (3) precludes any member of a
board, commission, or task force from simultaneously acting as a lobbyist/legislative
advocate; and
WHEREAS, this ordinance addresses the items in Council’s July 13, 2021,
direction to staff.
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Packet Pg. 889 Attachment: ORD Lobbying 102522 (5426 : Lobbying Ordinance)
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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 Section 4.85.010 is hereby amended as
follows:
4.85.010 Definitions.
“Lobbyist” means any individual who receives economic consideration, including
cash, expenses paid, and/or in-kind compensation, totaling more than $7,500 in a
calendar year 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 City action. The $7,500 threshold shall be adjusted on
January 1 of each year beginning in 2024 by the most recent California Consumer Price
Index as published by the State of California.
For purposes of this Chapter, “Lobbyist” does not include the following:
(a) City contractors and those seeking City contracts on their own behalf
through bids and proposals;
(b) Licensed architects;
(c) Licensed professional engineers;
(d) Representatives of other government agencies.
“Official” means any person who is:
(a) A members of the Santa Monica City Council;
(b) Appointed by the Santa Monica City Council to serve on a board or
commission; and,
(c) The City Manager, City Attorney, and City Clerk;
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Packet Pg. 890 Attachment: ORD Lobbying 102522 (5426 : Lobbying Ordinance)
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(c) A City employee appointed to serve as director of a A City department
director; and
(d) Any other person who is required to file a Statement of Economic
Interest in connection with the City of Santa Monica.
Section 2. Santa Monica Municipal Code Section 4.85.015 is hereby added as
follows:
Section 4.85.015 Prohibition on Lobbyists Serving on City Boards, Commissions,
Task Forces, or Advisory Boards.
(a) Any person who has been a Lobbyist in the prior two years prior to the
start of a term, and once appointed, shall be ineligible to be appointed
or to continue to serve on a City board, commission, task force, or
advisory board.
(b) The Council, by unanimous vote, may appoint a person to a board,
commission, task force, or advisory board, despite otherwise being
disqualified under this Chapter, for good cause, including but not limited
to unavailability of qualified candidates.
Section 3. 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
affect the provisions of this Ordinance.
Section 4. 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
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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 5. 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 take effect 30 days
from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Packet Pg. 892 Attachment: ORD Lobbying 102522 (5426 : Lobbying Ordinance)