SR 12-19-2023 5P
City Council
Report
City Council Meeting: December 19, 2023
Agenda Item: 5.P
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 (SMMC) Section 4.85.020 Related to Lobbyist Registration
and Reporting Requirements
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on December 12, 2023, the City Council introduced for first reading an
Ordinance amending Santa Monica Municipal Code (SMMC) Section 4.85.020 related
to lobbyist registration and reporting requirements. The ordinance is now presented to
the City Council for adoption.
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved
Forwarded to Council
Attachments:
A. ORD-Lobbyist 2d
5.P
Packet Pg. 427
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City Council Meeting December 19, 2023 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 (SMMC) Section
4.85.020 RELATED TO LOBBYIST REGISTRATION AND REPORTING
REQUIREMENTS
WHEREAS, in 2016, Council adopted Ordinance No. 2511 (CCS) requiring
lobbyist to register with the City Clerk’s Office; and
WHEREAS, the efficacy of registrations is enhanced through prompt, electronic
filings, which serve to make information available to the public expeditiously and in a form
that is readily accessible; and
WHEREAS, the proposed amendment clarifies that lobbyist forms must be
electronically filed through the City Clerk’s registration system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.85.020 is hereby amended
to read as follows:
4.85.020 Registration and reporting requirements.
(a) A lobbyist shall annually register with the City Clerk, no later than ten days
after qualifying as a lobbyist under this chapter, using an electronic registration system
provided by the City, and shall thereon disclose:
(1) Lobbyist/lobbyist firm;
5.P.a
Packet Pg. 428 Attachment: ORD-Lobbyist 2d (6186 : Lobbyist Ordinance - Second Reading)
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(2) Business/mailing address;
(3) E-mail address;
(4) Telephone number;
(5) The names of all owners of the lobbyist’s business if the business is a sole
proprietorship or partnership of less than five members;
(6) Names of each individual lobbyist;
(7) A description of the nature of the business entity or organization;
(8) The name, business address and phone number of each client receiving
lobbying services;
(9) The nature of each client’s business;
(10) 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;
(11) The name of each person employed or retained by the lobbyist to engage in
lobbying activities on each client’s behalf; and
(12) 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.
(b) A lobbyist shall electronically file an amendment to his or her registration and
reporting form within ten days of representation of a new client. An addendum must be
5.P.a
Packet Pg. 429 Attachment: ORD-Lobbyist 2d (6186 : Lobbyist Ordinance - Second Reading)
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filed electronically within ten days of any change in the information required to be
disclosed on the form related to existing clients. Lobbyists shall report the names of all
officials contacted about a governmental decision prior to any public hearing on that
decision.
(c) The following are exempt from this Chapter:
(1) Persons whose attempts to influence government action are limited to
appearing at public meetings or preparing, processing or limited to submitting writings for
consideration of use at public meetings if their communications are part of the public
record; and
(2) Persons representing themselves in attempting to obtain decisions relating
to their own properties or business; and
(3) Persons whose communications related solely to a memorandum of
understanding or collective bargaining agreement between the City and its employee
organization; and
(4) Persons who are officials or members of neighborhood groups who are not
economically compensated for advocating or speaking on behalf of neighborhood groups
to influence a City action.
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.
5.P.a
Packet Pg. 430 Attachment: ORD-Lobbyist 2d (6186 : Lobbyist Ordinance - Second Reading)
4
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 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
5.P.a
Packet Pg. 431 Attachment: ORD-Lobbyist 2d (6186 : Lobbyist Ordinance - Second Reading)