SR 12-13-2022 10A
City Council
Report
City Council Meeting: December 13, 2022
Agenda Item: 10.A
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration
Subject: Second Reading and Adoption 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 adopt the attached Ordinance.
Executive Summary
At its meeting on October 25, 2022, the City Council introduced for first reading 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. The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Legal Operations Coordinator
Approved
Forwarded to Council
Attachments:
A. CC-Ord-Lobbying-2nd
10.A
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City Council Meeting: December 13, 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 ACTIVITIES
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.
10.A.a
Packet Pg. 476 Attachment: CC-Ord-Lobbying-2nd (5447 : Lobbying - Second Reading)
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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 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. Lobbyist also includes an Expenditure Lobbyist.
“Economic Consideration” means monetary or in-kind payment or remuneration in
an amount in excess of $50.00, or the expectation of such remuneration, for engaging in
the legislative advocacy. Compensation does not include the salary of an employee who
devotes less than 20% of that employee’s work time to legislative advocacy during any
one year and who engages in legislative advocacy only on behalf of a single employer.
Compensation also does not include reimbursement of or payments for reasonable travel
or business expenses, such as copying, telephone charges and meals.
“Expenditure Lobbyist” means 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 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.
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Packet Pg. 477 Attachment: CC-Ord-Lobbying-2nd (5447 : Lobbying - Second Reading)
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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 any City action; 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.
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 member of the Santa Monica City Council;
(b) Appointed by the Santa Monica City Council to serve on a board or
commission;
(c) The City Manager, City Attorney, and City Clerk;
(c) 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
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Packet Pg. 478 Attachment: CC-Ord-Lobbying-2nd (5447 : Lobbying - Second Reading)
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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 a two-thirds vote of the Council, 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
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
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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
10.A.a
Packet Pg. 480 Attachment: CC-Ord-Lobbying-2nd (5447 : Lobbying - Second Reading)