SR 03-08-2022 7B
City Council
Report
City Council Meeting: March 8, 2022
Agenda Item: 7.B
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To: Mayor and City Council
From: Joseph Lawrence, Interim 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 Council introduce for first reading the attached ordinance, which
does the following:
1. Amends Santa Monica Municipal Code Section 4.85.010 to define “lobbying
activity”;
2. Creates 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; and,
3. Provides certain other options concerning when lobbying activities occur.
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
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further describe actions by an individual that constitute lobbying. Staff also
recommends 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 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
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Addition of a ‘Lobbying Activity’ Definition to the Santa Monica Lobbying Ordinance
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 modelled after the City of West
Hollywood’s law.
For instance, in the City of Los Angeles, lobbying activities includes:
the following and similar compensated conduct when that conduct is related to a
direct communication to influence any municipal legislation: 1. engaging in, either
personally or through an agent, written or oral direct communication with a City
official; 2. drafting ordinances, resolutions or regulations; 3. providing advice or
recommending strategy to a client or others; 4. research, investigation and
information gathering; 5. seeking to influence the position of a third party on
municipal legislation or an issue related to municipal legislation by any means,
including but not limited to engaging in community, public or press relations
activities; and 6. attending or monitoring City meetings, hearings or other events.
The City of Beverly Hills uses the term “legislative advocate” instead of lobbyist. In
Beverly Hills “legislative advocacy” includes:
the following and similar conduct for compensation when the conduct is related to
attempting to influence Municipal legislation: A. Engaging in, either personally or
through an agent, written, electronic, or oral direct communication with a City
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official; B. Drafting ordinances, resolutions, or regulations; C. Attempting to
influence the position of any third party on Municipal legislation or an issue
relating to Municipal legislation by any means, including, but not limited to,
engaging in community or media relations activities; D. Advising clients regarding
strategy for legislative advocacy.
In contrast, the City of West Hollywood defines a “lobbyist” as:
any individual who is employed, retained or contracts for economic consideration
to communicate with any elective official or any officer or employee of the City of
West Hollywood for the purpose of influencing a legislative or administrative
action.
This, of course, is intentionally very similar to the City’s law.
In keeping with the Council’s direction from July 2021, Staff recommends adding a
“lobbying activity” definition to the Santa Monica Lobbying Ordinance that aligns with the
definition Beverly Hills uses for “legislative advocacy”. Staff does not believe that Santa
Monica must adopt the terms “legislative advocate” or “legislative advocacy” as the
legislative advocate role is generally encompassed in the term “lobbyist”.
Section 4.85.010 would be amended as follows:
4.85.010 Definitions.
“Lobbyist” means any individual who engages in Lobbying Activity. 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 City action. For purposes of this Chapter, “Lobbyist”
does not include City contractors and those seeking City contracts through bids and
proposals.
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Lobbying Activity includes the following and similar conduct for compensation when the
conduct is related to attempting to influence City action: A. Engaging in or directing,
either personally or through an employee, contractor, agent or controlled person,
corporation, association or business entity of any kind, any written, electronic, or oral
communication with a City Official; B. Drafting proposed ordinances, resolutions, or
regulations; C. Attempting to influence the position of any third party on City legislation
or an issue relating to any City legislation, proceeding, administrative or other matter by
any means, including, but not limited to, engaging in community or media relations
activities; D. Advising clients regarding strategy for legislative or other advocacy.
“Official” means any person who is:
(a) Members of the City Council;
(b) Appointed by the City Council to serve on a board or commission and, the
City Manager and City Clerk;
(c) A City employee appointed to serve as director of a City department; and
(d) Any person who is required to file a Statement of Economic Interest.
Prohibiting Lobbyists from Serving on City Boards, Commissions, Task Forces,
and Advisory Boards
At its July 13, 2021 meeting, Council also directed staff to propose an ordinance
precluding 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 that precludes any member of a board, commission, or task force from
simultaneously acting as a lobbyist/legislative advocate. Other jurisdictions prohibit
locally-registered lobbyists from serving on boards and commissions. Examples include
the City of Los Angeles (Los Angeles City Charter Section 501), the City of Beverly Hills
(Beverly Hills Municipal Code Section 2-2-104(D), and the State of California (Elections
Code Section 21553, prohibiting members of the Redistricting Commission from serving
as a local lobbyist in the State of California).
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Staff recommends creating Section 4.85.015 to prohibit any individual from serving on a
City board, commission, task force, or advisory board if that individual registered as a
lobbyist in the two years prior to appointment, and prohibit that person from functioning
as a Lobbyist while serving on a City board, commission, task force, or advisory board.
Section 4.85.015 Prohibition on Lobbyists Serving on City Boards, Commissions,
Task Forces, or Advisory Boards.
Any person appointed to a City board, commission, task force, or advisory board shall
not have been a Lobbyist for at least two (2) years prior to the start of the term and once
appointed, shall not function as a Lobbyist while serving on a City board, commission,
task force, or advisory board. Any City board, commission, task force, or advisory board
member who is a Lobbyist at the time this ordinance amendment takes effect shall
immediately vacate her or his position.
Currently, there is only one member of a City board who is registered as a Lobbyist in
the City. The addition of the ‘lobbying activity’ definition to the Lobbying Ordinance may
trigger additional lobbying registrations by current board, commission, task force, or
advisory board members.
Additional Option
Although not requested during its July 2021 discussion, the Council may wish to include
within the definition of “lobbying activity” the concept of a so-called “expenditure
lobbyist”. Some other local laws, such as the one in Beverly Hills, include this, while the
City of West Hollywood, for instance, does not. Beverly Hills has a definition of
“expenditure lobbyist” as follows:
EXPENDITURE LOBBYIST: Any person, other than any government entity, or
officer or employee of a government entity acting in an official capacity, who
advises regarding, or makes, payments or incurs expenditures of five thousand
dollars ($5,000.00) or more during any calendar year for directing or guiding
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public relations, media relations, advertising, public outreach, research,
investigation, reports, analyses, or studies with the intent of soliciting, requesting
or urging, directly or indirectly, other persons to communicate directly with a City
official in order to influence Municipal legislation. Expenditure lobbyist shall not
include: a) a person who pays compensation to a legislative advocate or who
pays compensation to another representative who appears at a hearing on
Municipal legislation, b) a person who pays dues to a membership organization
that is ongoing in nature and whose membership services do not consist
exclusively of legislative advocacy, c) an organization who makes payments to
distribute communications to its members, and d) a person engaged in
publication or broadcasting of news items, editorials, or commentary, provided
that the person is not compensated to take a specific position. City of Beverly
Hills Municipal Code Section 1-9-102.
Similarly in the City of Long Beach, an “Expenditure Lobbyist” is:
A person who makes payments or incurs expenditures of five thousand dollars
($5,000.00) or more during any calendar year in connection with carrying out
public relations, advertising or similar activities with the intent of soliciting or
urging, directly or indirectly, other persons to communicate directly with any City
official in order to attempt to influence legislative or administrative action. The five
thousand dollars ($5,000.00) threshold shall not include:
a. Compensation paid to contract lobbyists or employees for lobbying; or
b. Dues payments, donations, or other economic consideration paid to an
organization, regardless of whether the dues payments, donations or other
economic consideration are used in whole or in part to lobby. City of Long Beach
Municipal Code Section 2.0.020(K)(3.)
If the Council wishes to include this concept in the City’s lobbying ordinance, it too can
be incorporated within the definition of “lobbying activity”, such that “lobbying activity”
would be defined as described above:
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4.85.010 Definitions
Lobbying Activity includes the following and similar conduct for compensation when the
conduct is related to attempting to influence City action: A. Engaging in or directing,
either personally or through an employee, contractor, agent or controlled person,
including corporation of any kind, any written, electronic, or oral communication with a
City Official; B. Drafting proposed ordinances, resolutions, or regulations; C. Attempting
to influence the position of any third party on City legislation or an issue relating to City
legislation by any means, including, but not limited to, engaging in community or media
relations activities; D. Advising clients regarding strategy for legislative advocacy;
With the addition of,
E. Advising regarding, directing, or making payments or incurring expenditures of five
thousand dollars ($5,000.00) or more during any calendar year for the purpose of
directing public relations, media relations, advertising, public outreach, research,
investigation, reports, analyses, or studies with the intent of soliciting, requesting or
urging, directly or indirectly, other persons to communicate directly with a City official in
order to influence any City action, but does not include: paying compensation to any
person to appear at any City hearing; paying dues to a membership organization that is
ongoing in nature and whose membership services exclude the activities of a Lobbyist;
paying an organization who makes payments to distribute communications to its
members regarding City actions, or engaging in the publication or broadcasting of news
items, editorials, or commentary, provided that the person is not compensated to take a
specific position.
Recommendation
Introduce for first reading the amendments to Santa Monica Municipal Code Section
4.85.010 and 4.85.015, including determining whether to add within the definition of
“lobbying activities” the concept of expenditure lobbyist as described. If the Council
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wishes to consider further changes to the Lobbying Ordinance, Staff recommends that
the Council schedule and conduct a study session on lobbying.
Financial Impacts and Budget Actions
None.
Prepared By: Joseph Lawrence, Interim City Attorney
Approved
Forwarded to Council
Attachments:
A. ORD-ord-Lobbying 2022.03.08
B. Ordinance No. 2511- August 2016 (Web Link)
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City Council Meeting: March 8, 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 TO DEFINE
‘LOBBYING ACTIVITY’ AND 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
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
that 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
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member of a board, commission, or task force from simultaneously acting as a
lobbyist/legislative advocate; and
WHEREAS, this ordinance addressed the items in Council’s July 13, 2021
direction to staff.
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 engages in Lobbying Activity. 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 City action. For purposes of this
Chapter, “Lobbyist” does not include City contractors and those seeking City contracts
through bids and proposals.
“Lobbying Activity” includes the following and similar conduct for compensation
when the conduct is related to attempting to influence City action:
A. Engaging in, either personally or through an employee, contractor, agent, or
controlled person, corporation, association or business entity of any kind, written,
electronic, or oral direct communication with a City Official;
B. Drafting ordinances, resolutions, or regulations; or
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C. Attempting to influence the position of any third party on City legislation or an
issue relating to any City legislation, proceeding, administrative or other matter by any
means, including, but not limited to, engaging in community or media relations activities;
D. Advising clients regarding strategy for legislative or other advocacy.
“Official” means any person who is:
(a) Members of the City Council;
(b) Appointed by the City Council to serve on a board or commission and, the City
Manager and City Clerk;
(c) A City employee appointed to serve as director of a City department; and
(d) Any person who is required to file a Statement of Economic Interest.
Section 2. Santa Monica Municipal Code Section 4.85.015 is hereby created as
follows:
Section 4.85.015 Prohibition on Lobbyists Serving on City Boards,
Commissions, Task Forces, or Advisory Boards.
Any person appointed to a City board, commission, task force, or advisory board
shall not have been a Lobbyist for at least two (2) years prior to the start of the term and
once appointed, shall not function as a Lobbyist while serving on a City board,
commission, task force, or advisory board. Any City board, commission, task force, or
advisory board member who is a Lobbyist at the time this ordinance amendment takes
effect shall immediately vacate her or his position.
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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 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:
_________________________
JOSEPH LAWRENCE
Interim City Attorney
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