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HomeMy WebLinkAbout2016-10-13 BOE Special PacketBoard of Ethics Notice is hereby given that the Board of Ethics of the City of Chula Vista has called and will convene a Special Meeting of the Board of Ethics on Thursday, October 13, 2016, at 5:15 p.m. in Council Chambers, located at 276 Fourth Avenue, Building A, Chula Vista, California to consider the item(s) on this agenda. SPECIAL MEETING OF THE BOARD OF ETHICS OF THE CITY OF CHULA VISTA October 13, 2016 Council Chambers- Building A 5:15 P.M. 276 Fourth Avenue Chula Vista CALL TO ORDER ROLL CALL: Commissioners: Esquer ; Kish ; Livingston Robles ; Voorhees ; Jemison, Vice Chair and Chair Schilling CITY STAFF: Silva ; Malveaux PUBLIC COMMENTS Persons speaking during Public Comments may address the Board/Commission on any subject matter within the Board/Commission's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Board/Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Board/Commission may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Board/Commission and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting. Comments are limited to five minutes. 1. Discussion and Action regarding proposed Lobbying Ordinance (adding Chapter 2.55 to Chula Vista Municipal Code), including approval of said ordinance and recommendation to City Council that they approve and adopt the proposed Lobbying Ordinance. OTHER BUSINESS 1. STAFF COMMENTS 2. CHAIR'S COMMENTS 3. COMMISSIONERS'/BOARD MEMBERS' COMMENTS ADJOURNMENT to the regular or special meeting at a time and date to be determined, in the Council Conference Room C 101, Building A at 276 Fourth Avenue, Chula Vista, California. Materials provided to the Board of Ethics related to any open -session item on this agenda are available for public review in the Office of the City Attorney at 276 Fourth Avenue, Chula Vista, Building A, Chula Vista during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the Human Resources Department at (619) 691-5041 (California Relay Service is available, for the hearing impaired by dialing 711) at leastforty-eight hours in advance of the meeting, Page 2 (Board of Ethics Special Meeting July 28, 2016 Board of Ethlcs Staff Report — Page 1 Item 1 DATE: October 7, 2016 TO: Board of Ethics FROM: City Attorney's Office and Board of Ethics Ad Hoc Committee SUBJECT: Lobbying Ordinance (Addition of Chapter 2,55 of Chula Vista Municipal Code) SUMMARY The City Attorney's Office and the Board of Ethics Ad Hoc Committee present to the Board of Ethics, for its review and consideration, a proposed Lobbying Ordinance (adding Chapter 2.55 to the Chula Vista Municipal Code). The proposed Lobbying Ordinance would require those that act as paid Iobbyist to register as a lobbyist, report who their clients are (whom they work for), and regularly report their lobbying activities. The proposed ordinance furthers the continuum of transparency in City government. The proposed ordinance seeks to identify lobbyist and their activities. In so doing, the public is informed of who is attempting to influence governmental decisions. As a result, the Ad Hoc Committee and the City Attorney's Office request that the Board of Ethics approve the proposed ordinance and recommend to City Council that City Council approve and adopt the proposed Lobbying Ordinance. RECOMMENDATION That the Board of Ethics approve the proposed Lobbing Ordinance and recommend to City Council that City Council approve and adopt proposed Lobbying Ordinance. DISCUSSION The City Attorney's Office and the Board of Ethics Ad Hoc Committee present to the Board of Ethics, for its review and consideration, a proposed Lobbying Ordinance ("Lobbying Ordinance''; adding Chula Vista Municipal Code ("CVMC") Chapter 2.55). (Attachment A.) The proposed Lobbying Ordinance would require those that act as paid lobbyist to register as a lobbyist, report who their clients are (whom they work for), and regularly report their lobbying activities. City government serves the public. The public has a right to know the actions of its public servants who are conducting the public's business. There are a series of laws that require transparency in the conduct government activity. They include the Brown Act (Government Code section 54950 et. seq.) and the California Public Records Act (Government Code section 6250 et, seq.). The Brown Act is an open meetings law and generally requires that City Council and City Boards and Commissions conduct their meetings in public via a timely and noticed agenda. The California Public Records Act provides that government documents are public records and that they must be disclosed when requested, but subject to limited exceptions. The Item No.1 Page 2 proposed Lobbying Ordinance, as a stated goal and initiative of the City Attorney's Office, continues the goal of transparency in government activity and seeks to sunshine persons who are paid to lobby designated City officials, such as City Council and Board and Commission members, and their activities, In 2006, the City considered a lobbying ordinance. However, it was not approved, in part, because it contained language regarding reporting of lobbyist financial information, which was seen as unduly overbroad. (Attachment B.) The proposed Lobbying Ordinance does not have such a requirement, particularly because such information is available from other sources, such as required Fair Political Practices Conunnission ("FPPC") reporting requirements, The proposed ordinance now presented to the Board of Ethics was crafted by the Board of Ethics Ad Hoc Committee and the City Attorney's Office, specifically Chris Shilling, Anthony Jennison, and Fernando Kish from the Board of Ethics, and Glen Googins (City Attorney) and Simon Silva (Deputy City Attorney) from. -the City Attorney's office. The Ad Hoc Committee met many times to draft, review, and amend the proposed ordinance. The meetings, including noticed meetings to soliciting public input. The City Attorney's Office and Ad Hoc Committee would like to thank Mr. William Richter and the City Clerk (Ms. Domia Norris) and her staff for providing input in the drafting of the proposed ordinance. Many issues were considered and discussed in the drafting process by the Ad Hoc Committee, including review of other cities' ordinances. Key provisions of the proposed Lobbying Ordinance include the following: (1) Definitions; (2) Registration and Reporting; and (3) Enforcement. In the Definition provisions, Lobbyist and Lobbying are among the defined terms. A Lobbyist is defined as any person (including a business or organization) who is compensated to engage in direct communications with designated. City officials to influence municipal decisions. Lobbying is direct communications with designated City officials to influence a municipal decision. Designated City officials include the City Council (including the Mayor), Board and Commission members, City Manager, City Clerk, City Attorney, Deputy City Managers, Department Directors and Assistant Directors, and the Zoning Administrator (as specified). In the Rcgistration and Reporting provisions, lobbyist, as part of the registration process, are required to identify who they are, who they are working for, state the nature of their lobbying activity, and pay a fee for the administration of the Lobbying Ordinance (calculated as part of the City Master Fee Schedule process). A lobbyist is also required to report their activities on a quarterly basis. Their activity reports are intended to provide a brief description of their activities, including the date they engaged in lobbying, whom they lobbied, and a brief description of the subject of the lobbying (twenty words or so). Finally, lobbyist must disclose that they are lobbyist when engaging in direct communications with designated City officials and at meetings wherein Lobbyist appear before designated City officials. In the Enforcement provisions, a Lobbyist who violates the registration, reporting, and identification requirements of the proposed ordinance may have action taken against them by the Item No. 1 Page 3 Enforcement Authority. The Enforcement Authority is an assigned special counsel designated from panel of attorneys selected to act as the enforcement authority for the City Campaign Contribution Ordinance (CVMC 2.52). The Enforcement Authority has the ability to refer the matter to the District Attorney's Office for criminal prosecution as a misdemeanor, may pursue civil remedies, or issue administrative fines for violations. The City Clerk also plays a role and may also issue fines ($20 per day) for late registration or reporting, but may also waive the fines due to late filings or reporting if good cause is shown. Good cause involves an inability to register or report due to matters beyond the lobbyist's control. The proposed ordinance furthers the continuum of transparency in City government. The proposed ordinance seeks to identify lobbyist and their activities. In so doing, the public is informed of who is attempting to influence governmental decisions. As a result, the Ad Hoc Conuunittee and the City Attorney's Office request that the Board of Ethics approve the proposed ordinance and recommend to City Council that City Council approve and adopt the proposed Lobbying Ordinance. Attachments: A. Chapter 2,55 B. 2006 News Article Prepared by: Simon Silva, Deputy City Attorney ATTACHMENT A DRAFT ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.55 TO THE CHULA VISTA MUNICIPAL CODE TO ADD LOBBYIST REGISTRATION .AND REPORTING REQUIREMENTS WHEREAS, NOW 'THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.55 of the Chula Vista Municipal Code is amended as follows; Chapter 2.55 LOBBYIST REGISTRATION AND REPORTING Sections: 2,55,010 Title, 2.55.020 Findings and Declarations. 2,55,030 Purpose of the Lobbyist Requirements. 2.55.040 Definitions. 2.55.050 Activities Not Considered Lobbying, 2.55.060 Lobbyist- Annual Registration and Reporting. 2.55.070 Lobbyist- Identification. 2.55.080 Lobbyist- Prohibited Activities; Restriction 2.55.090 Administration by the City Cleric, 2.55.100 EnfOrcernent. 2,55,110 Effective Date. CHAPTER. 2.55 FABOF-Lobby ORLABOE FENAL 2.55,88.10-7-16.0m n Ordinance Wage 2 2.55.010 Title. This Chapter shall be known as the Lobbyist Registration and Reporting Requirements of the City of Chula Vista, and may be referred to herein as the Lobbyist Requirements, 2.55.020 findings and Declarations. The City Council of the City of Chula Vista finds and declares as follows. The People of the City of Chula Vista have the need and right to know the identity of Lobbyists who attempt to influence the decisions of City government and the means employed by them to advance their employer's interests. Full disclosure of Lobbying activities of such persons and the identity of their employers will contribute to public confidence in the integrity of local government. Full disclosure is also necessary to ensure that City officials are kept informed about the identity of persons whose interests the Lobbyists represent. 2.55.030 Purpose of the Lobbyist Requirements. The purposes of the Lobbyist Requirements are to maintain a fair and open decision making process in City goverment and to ensure that the public and City officials have full lui owledge of Lobbying activities that have been brought to bear on any Municipal Decision. 2.55.040 Definitions. Uirless a terra is specifically defined in this section or the contrary is stated or clearly appears from the context, the definitions set forth in the Political Reform Act of 1974, Government Code sections 81000 et seq., shall govern the meaning of terms. Any term herein expressed in the plural may also apply to the singular. The following terms shall have the meanings setforthherein: A. Compensation mews any economic consideration provided in exchange for services rendered or to be rendered in the future, including, without limitation, salary and wages, stipends, payments, promises to perform or provide goods or services, fees, contingency fees, success fees, bonuses or awards. B. Designated City Oficial means any of the following; the Mayor, any Councilmember, Mayor and Councilmember staff members responsible for advising or reporting to the Mayor or Councilmember on policy matters or Municipal Decisions (including Chiefs of Staff and community liaisons), any City board or commission member, the City Manager, the City Attorney, the City Cleric, Deputy City Manager, any City department Director or Assistant Director, or the Zoning. Administrator when acting as Ordinance Page 3 the decision maker in a Chapter 19 land use decision requiring apublic hearing by the Zoning Administrator. Designated City Official shalt also include fire Mayor or councilmcrnbers acting as the goverrmig body for any governmental entity such as, but not limited to, the Successor Agency, flousizmg Authority, or Finance Authority. Designated City Official shall further include any City representative to any j oint powers authority to which the City is a party and the joint powers authority does not have a separate lobbying registration requirement. C. Direct Communication rmeam talking to a person, either by telephone or in person, or corresponding with a person, either inwriting, by electronic transmission (including, but not limited to, emails, text messages, social rmedia, or "Snap Chat," c `Skype," or c`l~aceTit ne" type nmeditun), or by facsimile machine. D. Enforcement Authority means the attormey assigned as special counsel to enforce the provisions of this Chapter asset forth in Section 2.55.100 of this Chapter. The Enforcement Authoro shall be selected by time Board of Ethics from the same panel of special counsel chosen by the Board of Ethnics, in accordance with Board of Ethic's selection and assignment policy, to act as the enforcement authority for the City's Campaign Contribution Ordinance set forth in Chapter 2.52. The aforementioned Boarci of Ethics special counsel parcel shall remain in place for the purposes of assigning a complaint to the Enfor cementAuthoi ty until the Board of Ethics replaces it with anew panel. E. Lobby or Lobbyingmeans to influence or attempt to influence a Municipal Decision of the City of Chula Vista by Direct Communication, in public or in private, with any Designated City Oficial, either individually or collectively, including as part of City Council or any connrnittee, board, task force, or other body of the City. Lobbying includes providing information, statistics, analysis, studies, or petitions to a Designated City Official. F. Lobbyist mcans any Penson or Organization who is employed, retained, or otherwise engaged for Compensation to Lobby, on behalf of another Person or Organization, any Designated City Official, either individually or collectively, including at any meeting of'tile City Council or any commission, committee, board, task force, or other body of the City. Notwithstanding the foregoing, for purposes of this Chapter no Person or Organization is a Lobbyist solely by reason of engaging in the activities described in 2,55.050. G. Municipal Decision means: 1, the drafting, introduction, consideration, reconsideration, adoption, defeat, repeal, or veto of any ordinance or resolution; 2. the amendment of any ordinance or resolution; 'Ordinance Page 4 3. a report recommending City action by a City staff member or City consultant to a Designated City Official; 4. A contract approval by City Council or the City Manager, except as otherwise permitted by Section 2.55.050. 5, quasi-judicial decisions, including, but not limited to: a. Any decision on a land development permit, reap, or other matter decided by the City Council or City board or commission pursuant to the Municipal Cade; b. Any grant, denial, modification, or revocation of a permit or license under the Municipal Code; and c. Any declaration of debarment under the municipal code; and 6. Any other decision or direction by the City Council or a City board or commission. H. Person or Organization means any individual, business entity, tnjst, corporation, partnership, association, cominittee or any other organization or group of individuals acting in. concert. 2.55.050 Activities Not Considered Lobbying. A Person or Organization engaging in the following activities shall not be considered a Lobbyist for purposes of this Chapter: A, Any City official, or any federal, state or local elected or appointed official, acting in his or her official capacity, or any employee of the City, of of any federal, state or local governmental entity, acting within the scope of his or her employment, B. Any newspaper or other periodical of general circulation, book publisher, radio or television station (including any individual who owns, publishes, or is employed by any such newspaper or periodical, radio or television station) which in the ordinary course of business publishes (including via internet or other electronic medium) news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge legislative or administrative action if suchnewspaper, periodical, bookpublisher, radio or television station or individual, engages in no further or other activities in connection with urging legislative or administrative action other than to appear before the City Council or any commission, body or board in support of or in opposition to such action. C. Any person whose sole activity includes one or more of the following: 1. To submit a bid on a competitively bid contract; 2. To submit a vaitten response to a inquest for proposals or qualifications; 3. 1'o participate in an oral interview for a request for proposals or qualifications; or Ordinance Page 5 4. To negotiate the terms of a contract or agreement with the City once that person has been selected pursuant to a bid, request for proposals or qualifications, or by other means of selection recognized by law. D. A person whose communications are solely related to the establishment, amendment, administration, implementation or interpretation of a collective bargaining agtmment or a rnenrorandutn of understanding or rnernorandum of agreement between the City and a recognized City employee organization or any communication requiredmder the Meyers -Milian -Brown Act. Included in this Subsection is the representation of City employee by an attorney or other representative iii a disciplinary matter, including representation at an administrative interview, Skelly meeting (in accordance with Skelly v State Personnel Board (1975)15 Cal.3d 194), or appeal of discipline. E. Any person who communicates with the City Attorney's Office regarding legal matters or actual or potential litigation in any court or other legal forum. 2.55.060 Lobbyist -Annual Registration and Reporting Requirements. A, Registration. Lobbyists must register with the City Cleric within fifteen (15) days after qualifying as a Lobbyist under Section 2.55.040. B. Annual Registration Renewal. A Lobbyist must renew his or her registration by January 15 of each year unless lie or she has terminated his or her status as a Lobbyist pursuant to Subsection H of this Section on or before January 15. C. Registration Fees. Persons subject to the registration requirements of this Chapter must pay a fee for cost recovery for administration of this Chapter. The fee shall be established annually and adopted by the City Council in the Chula Vista Master Fee Schedule. The applicable annual registration fee is due at the time of registration or registration renewal, and. will be deemed delinquent thereafter. D. Late Fees. Delinquency fees shall be assessed if any required registration or reporting requiry-inent or payment of any fee occurs after the due date according to the provisions of Section 1.41.100 of this Code by the City Cleric or, if a complaint is filed pursuant to Section 2.55.100, by the Enforcement Authority. Notwithstanding Section 1.41.100(D), if a late fee is assessed pursuant to this Subsection, the late fee shall be $20 per clay until theviolation is corrected. Ordinance Page G E. "Good Cause" Waiver of Fines for Late Filing or Payment of pees. The City Cleric may waive fines for late filings or payments of fees provided for in Subsection D of this section upon a showing of good cause. To request a waiver, the Lobbyist must provide in writing, under penalty of perjury, the reason for the late filing that establishes good cause to the City Clerk and include documentation supporting the claim for good cause. Good cause, includes, but is not limited to incapacitation for medical reasons, hospitalization, accident involvement, loss or unavailability of records due to unforeseen and unpreventable event, or other similar legitimate reasons beyond the Lobbyist's control. Reasons not considered "good cause," include, but are not limited to: not receiving a notice of registering or reporting requirements or applicable deadlines; not being available to sign forms; not sending or filing with the proper official; not knowing where to get forms or reports; not having complete information by filing deadline; secretarial error; or other similar reason. F. Required Annual Registration Report. With the initial registration and any subsequent renewal, each Lobbyist must file a report with the City Clerk. The registration report shall be in a format prescribed by the City Clerk and must contain the following information: 1. The name, business address, email, and telephone and fax numbers of all persons required to register under this Chapter. The Lobbyist must inform the City Clerk, in writing, within fifteen (15) days, of any change in business address, email, or telephone or fax numbers. 2. The name, business address, email, telephone and fax numbers of the client or Person or Organization on whose behalf Lobbying activities are being conducted. The Lobbyist must also describe the nature of each client`s or Person's or Organization's business and the Mwiicipal Decision that the lobbyist is seeking to influence on behalf of the client or Person or Organization. G. Supplemental Reports. Lobbyists must file supplemental reports with, and in a format, prescribed by, the City Cleric, within ten (1 Q) days of being retained to lobby on behalf of any person who was not listed on the lobbyist's initial or annual report, Supplemental reports must contain the information as specified in Subsection E of this Section. H. Quarterly Reports Summarizing Lobbyists Activities. Lobbyists must file quarterly reports with, and in a format prescribed by, the City Clerk, on or before April 15, July 15, October 15 and January 15, for the prior calendar quarter. Quarterly reports must contain the following information Ordinance Page 7 regarding their Lobbying activities: 1. Date Lobbying occurred; 2. The Designated City Official with whom the Lobbying occurred; and 3. A brief description (no more than twenty (20) words required) of the subject of the Lobbying. I. Termination of Lobbyist Status. A person or entity that was registered as a Lobbyist shall be deemed to be a Lobbyist for purposes of this Chapter until such time as that person or entity files a declaration with the City attesting to the termination of Lobbying services within the City. The declaration must be executed on a form prescribed by the City Cleric for that purpose, and must be filed withthe City Cleric within thirty (30) days of tEhe termination of a Lobbyist status, la addition, concurrently with the notice oftermination of Lobbyist statics set forth above, the Lobbyist must file a final report stunnnarizing their Lobbying Activities as set forth Subsection G reporting their Lobbying activities from the date they filed or were required to file their last quarterly reportor if the Lobbyist had not filed a quarterly report and no report was due from the date they first were requhx--d to register. J. Updates Required Upon Notice from City Clerk. The City Clerk may, but is not required to, notify a Lobbyist to file an amended registration, registration renewal, quarterly report, or supplemental report pursuant to this Section as a courtesy. When any person is so notified by the City Cleric to file an amended registration, registration renewal, quarterly report, or supplemental report pursuant to this Section the Lobbyist must provide the information within the time period specified in the notice fromthe City Cleric. Failure to receive notification fiom the City shall not excuse compliance with, and shall not be a defense to any action to enforce, the provisions of this Chapter. K. Under Penalty of Perjury. All documents and reports required of a Lobbyist under this Chapter must be signed and submitted under penalty of perjury, 2.55.070 Lobbyist -Identification. When appearing in a Lobbying capacity at any meeting with a Designated City Official or at a public meeting of the City Council or any other City board or commission, the Lobbyist must identify huuself or herself and the client(s) or the business or organization that he or she represents. In addition, at any public meeting of the City Council or any other City board or commission, a Ordinance Page 8 Lobbyist must disclose, prior to addressing the City Council or any other City board or commission, whether they have engaged in Lobbying activities within thirty days (3 0) of the public meeting with Designated City Officials that are present at the public meeting on a matter on the agenda for that public meeting, including public comment. 2,55.080 Lobbyist Prohibited Activities; Restriction A. No Lobbyist shall engage in Lobbying unless he or site is registered with the City Cleric, is current with any required repotting, and has paid any and all fees and fines required or imposed pursuant to this Chapter. B. No person convicted of a criminal violation of this Chapter may act as a Lobbyist or otherwise attempt to influence Municipal Decisions for compensation under this Chapter for two years after such conviction, 2.55.090 Administration by the City Cleric, The City Clerk shall: 1. Subject to review and approval by the City Attorney, create all forms and explanatory materials, and adopt all reasonable and necessary procedures to implement this Chapter. The City Clerk may require electronic filing of registration, required reports, complaints, or other documents. 2. Provide yearly reports to the Mayor and City Council on the following: (1) Lobbyist registrations; (2) pending complaints and enforcement proceedings under this Chapter; and (3), if determined appropriate by the City Clerk, provide any recommendations for amendments of this Chapter to improve admitristration of this Chapter. Press releases sununarizing the contents of the reports may be prepared and distributed with the respective reports by the City Clerk 3. Accept all filings required by this Chapter. The City Clerk shall inspector cause to be inspected all filings for completeness and may refuse to accept any filing that is incomplete or from which the required information is missing or omitted. The City Clerk has the authority to notify, or cause to be notified, any person submitting an incomplete filing to file au amended registration, quarterly report or supplemental report and the date upon which it must be filed. Any person so notified by the City Clerk must comply as directed. Ordinance Page 9 4. The City Clerk shall accept complaints of violations of this Chapter and refer them to the Enforcement Authority in accordance with Section 2.55.100, with a copy to the City Attorney's Office. 5. The following records shall be preserved by the City Clerk and be available for public inspection as a public record and audit for a period of four years from elate of filing of the records with the City Clerk: (1) required registration forms; (2) required quarterly reports; (3) written violation complaints filed with the City Cleric or submitted to the Enforcement Authority by the City Clerk, City Manager, or City Attorney; and (4) written decisions regarding the aforementioned violation complaints dismissing a matter or imposing a remedy as provided for in this Chapter. 2,55.100 Enforcement. A. The Enforcement Authority, as set forth in this Section, shall be responsible for the investigation and prosecution of alleged violations of this Chapter, including snaking referrals to the District Attorney's Office for criminal prosecution. B. Complaints of violations of this Chapter must be: (1) in writing on a form prescribed by the City Clerk; (2) sworn under penalty of perjury by the complainant; and (3) filed by either (i) an owner or operator of a business Located in the City of Chula Vista or (ii) a resident of the City of Chula 'Vista. The complaint shall be filed with the City Clerk and include evidence to the satisfaction of the City Clerk that the complainant is (i) an owner or operator of a business located in the City of Chula Vista, or (ii) a resident of the City. The complaint shall state a full recitation of all facts that are alleged to constitute a violation of this Chapter. If a complaint does not comply with these requirements, the City Cleric shall notify the complainant and provide the basis as to why it is insufficient for filing. C. After receipt of a complaint that complies with Subsection B of this Section, within five (5) working days, the City Cleric shall forward the complaint to the Enforcement Authority for a probable cause determination. The Enforcement Authority shall make a probable cause determination within thirty (30) calendar days of receiving the complaint from the City Clerk. If no probable cause is determined to exist, the complaint shall be dismissed summarily and involved parties shall be notified of the dismissal in writing. Ordinance Page 10 D. If probable cause is determined to exist, the Enforcement Authority, in their discretion, shall determine which civil or criminal remedies, set forth in Subsection M, to pursue for violations of Sections 2,55.060, 2,55.070, or 2.55.080. If the Enforcement Authority determines that civil or administrative remedies are appropriate, the Enforcement Authority shall refer the complaint to the City Attorney, who, in turn, shall forward the complaint to the next Enforcement Authority on the special counsel panel, who will then take further investigatory and procedural steps necessary to resolve the matter. The Enforcement Authority may refer a violation for criminal prosecution after consideration of, but not limited to, and balancing of the following factors: (1) whether the violation was knowing or willful; (2) the severity of the violation; (3) the frequency of violations; (3) efforts to correct violations; (4) whether the violation was negligent or inadvertent; or (5) other considerations the Enforcement Authority determines is relevant in their decision making process. If the Enforcement Authority determines that criminal prosecution is appropriate, it shall refer the matter to the City Attorney, who, in turn, shall forward the complaint to the District Attorney for further handling. E, Violations of this Chapter forwarded to the District Attorney for handling shall not be subject to any Rirther action by the Enforcement Authority, F. The special counsel, serving as the Enforcement Authority, may investigate and may institute legal action to compel compliance or to prevent further violations of this Chapter. If the allegation contained in the complaint is also a violation of state law, the Enforcement Authority shall not investigate but, rather, shall forward the complaint to the Fair Political Practices Commission, or other appropriate enforcement agency. G, Criminal prosecution for violations of this Chapter must be commenced within one (1) year alter the date on which the violation occurred. H, Civil prosecution for violation of this Chapter must be commenced within four (4) years after the date on which the violation occurred. No administrative action alleging a violation of any of the provisions of this Chapter shall be commenced more than four years after the date on which the violation occurred, If the person alleged to have violated a provision of this Chapter engages in the fraudulent concealment of his or her acts or identity, the four-year period for civil and administrative actions shall be tolled for the period of concealment. For purposes of this subdivision, "fraudulent concealment" means the person knows of material facts related to his or her duties under this chapter and knowingly conceals them in performing or omitting to perforin Ordinance Page II those duties, for the purpose of defrauding the public of information to which it is entitled under this Chapter. 1. If the District Attorney determines that no violation occurred, the Enforcement Authority may review the complaint and, if necessary, conduct further• investigation to determine if there is probable cause to find that the complainant committed perjury. If such probable cause exists, the enforcement authority shall forward the complaint to the District Attorney for prosecution for perjury. J. The Enforcement Authority may consult with the City Clerk, City Manager, or City Attorney on matters, including but limited to, the complaint, this Chapter, or City practices or procedures. K. Special counsel, serving as the Enforcement Authority, shall be immune to liability for enforcement of this Chapter. L. If a violation of this Chapter is observed by the City Clerk, City Manager, or City Attorney, they may file a complaint in writing and refer the matter to the Enforcement Authority for enforcement and prosecution. The requirements of Subsection B of this Section shall not apply to a complaint filed pursuant to this Subsection L. M. Criminal, Civil, and Administrative Penalties. The following remedies shall be available for violations of Sections 2.55.060, 2.55.70, or 2.55.080 of this Chapter: 1. Criminal Penalties. Any personwho violates Sections 2.55.060, 2.55.070, or 2.55.080 is guilty of a misdemeanor and is subject to the provisions of Chapter 1,20 of this Code; 2. Civil Actions. The enforcement authority may bring a civil action against any person who violates Sections 2.55.060, 2.55.070, or 2.55.080 of this Chapter, and/or may seep injimotive relief in the courts to enjoin violations of or to compel compliance with the provisions of this Chapter; or 3. Administrative Remedies, In addition to or in lieu of civil action, the provisions of Section 1.41.100 [Administrative Citations] of this Code are applicable to any violation of Sections 2.55.060, 2.55.070, 2.55.080 of this Chapter. The Enforcement Authority may issue a written warning for minimal or inadvertent violations as an administrative remedy. Appeals pursuant to Chapter 1.40 of an administrative fine issued under this Subsection (M) (3) may be heard by a hearing officer selected by the City Manager, Ordinance Page 12 2,55,11.0 Effective Date, The registration, reporting and other requirements of this Chapter shall apply to Lobbying occurring on or after the effective date of this Chapter. Lobbying that occurs prior to the effective date of this Chapter and payment for Lobbying Services rendered prior to the effective date of this Chapter, whether such payment is made prior to or after the effective date of this Chapter, shall not be considered for purposes of the registration, reporting and other of this Chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application, to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall tape effect and be in: force on the thirtieth day after its final passage. Section V. Publication The City Cleric shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Pyesented By: [INSERT AEPA.RTMENT HEAD NAME] [INSERT DEPARTMENT HEAD TITLE] Approved as to form by: Glen R. Googins City Attorney ATTACHMENT B 813112016 • SignOnSanDlego.corn> News > Metro-- Counell to pursue lobbyist regulation Council to pursue lobbyist regulation Ordinance entails registration, fees By Tanya Mann es UNION TRIBUNE STAFF WRITER JULY 19, 2006 CHULA VISTA In the spirit of open government, Iobbyists may soon be required to register with the city if they are being paid to influence any of its elected or appointed officials. The City Council voted unanimously last night to continue world -ng on an ordinance to regulate lobbyists. The measure was proposed by Councilwoman Fatty Chavez and approved by the city's Board of Ethics. "Lobbying is a part of government," Chavez said in an interview. "There's nothing wrong with it unless you're doing mmething wrong with it. You register, and you beep everything in the open." Chavez said publicity surrounding recent corruption scandals inspired her to offer the ordinance for Chula Vista. The most recent high-profile case involved former Rep. Randy "Duke" Cunningham, R -Rancho Santa Fe, who pleaded guilty in November to approving defense contracts in return for millions of dollars in bribes. "Really, it's just common sense for a city of our size to regulate lobbyists in light of everything that's going on in our country," Chavez said. Under the proposal considered last night, lobbyists working in Chula Vista would have to submit detailed information to the city clerk, including the names of their clients, a range for how much they are being paid and a dcscription of the decision they hope to influence. The lobbyist registration also would contain information on the lobbyist's campaign contributions and fundraising activity. Each lobbyist would have to pay an annual $25a fee. Failure to register with the city clerk would be considered a misdemeanor punishable by a fine of up to $5,000. The council referred the ordinance to a subcommittee of Chavez and Councilman John McCann for further refining after a lobbyist testified the or ` aYice as proposed was overly broad and a n- iIiefield for - potentialviolations. Jerry Livingston, who lobbies on behalf of the Building Industry Association, said the ordinance should contain an exemption for "routine land -use items." http,IAegaey.santllegouniontribune.corntnawshtretro!2OOWY19-999Mj-nl9ctAobby.iltml 112 big nvn5anujego,eom} NCM 5 Metro-- Councli topursUe lobbyist regulatlon Jackie Lancaster, a resident, objected to a portion of the draft ordinance she believed would provide a "loophole" exemption for labor union lobbyists. McCann and Councilman Jerry Rindone said they were concerned the language was difficult to interpret. Still, Mayor Steve Padilla said the council is close to a consensus, "We're almost there, but there's work left to do," he said. Chavez agreed the ordinance needed a few changes but urged the council to make regulation of lobbyists a priority. City staff researched how other cities regulate lobbyists, and based the proposal for Chula Vista in part on San Jose's lobbying ordinance, Chavez said, The council first considered the ordinance at its May 23 meeting and referred it to the Board of Ethics. The ethics commission recommended approval. The ethics commission, which is chaired by Christopher Searles, had a few suggestions for tightening the lobbying ordinance in the future, including requiring public disclosure of lobbyists' gifts to elected officials. The ethics commission also would like the city to require lobbyists to disclose when they collect campaign contributions and deliver them to a candidate. Locally, San Diego and Oceanside are among cities that require registration of lobbyists. San Diego is considering tightening its ordinance to prevent lobbyists from raisinglarge amounts of campaign money for candidates they hope to influence. m Tanya Mannes: (619) 4986639; tanya.mannesQa uniontrib.com, Sponsored Links hEfp,lAegacysandisgounionfribune.carYneuelmelro12a060719.9999-Smi9cvlobby,h(d 2J2 Board of Ethics Staff Report — Page 1 Item 1 DATE: October 7, 2016 TO: Board of Ethics PROM: City Attorney's Office and Board of Ethics Ad Hoc Committee .441- SUBJECT: Lobbying Ordinance (Addition of Chapter 2.55 of Chula Vista Municipal Code) SUMMARY The City Attorney's Office and the Board of Ethics Ad Hoc Committee present to the Board of Ethics, for its review and consideration, a proposed Lobbying Ordinance (adding Chapter 2.55 to the Chula Vista Municipal Code). The proposed Lobbying Ordinance would require those that act as paid lobbyist to register as a lobbyist, report who their clients are (whom they work for), and regularly report their lobbying activities. The proposed ordinance furthers the continuum of transparency in City government. The proposed ordinance seeks to identify lobbyist and their activities. In so doing, the public is informed of who is attempting to influence governmental decisions. As a result, the Ad Hoc Committee and the City Attorney's Office request that the Board of Ethics approve the proposed ordinance and recommend to City Council that City Council approve and adopt the proposed Lobbying Ordinance. RECOMMENDATION That the Board of Ethics approve the proposed Lobbing Ordinance and recommend to City Council that City Council approve and adopt proposed Lobbying Ordinance. DISCUSSION The City Attorney's Office and the Board of Ethics Ad Hoc Committee present to the Board of Ethics, for its review and consideration, a proposed Lobbying Ordinance ( "Lobbying Ordinance'; adding Chula Vista Municipal Code ( "CVMC ") Chapter 2.55). (Attachment A.) The proposed Lobbying Ordinance would require those that act as paid lobbyist to register as a lobbyist, report who their clients are (whom they work for), and regularly report their lobbying activities. City government serves the public. The public has a right to know the actions of its public servants who are conducting the public's business. There are a series of laws that require transparency in the conduct government activity. They include the Brown Act (Government Code section 54950 et. seq.) and the California Public Records Act (Government Code section 6250 et. seq.). The Brown Act is an open meetings law and generally requires that City Council and City Boards and Commissions conduct their meetings in public via a timely and noticed agenda. The California Public Records Act provides that government documents are public records and that they must be disclosed when requested, but subject to limited exceptions. The Item No. 1 Page 2 proposed Lobbying Ordinance, as a stated goal and initiative of the City Attorney's Office, continues the goal of transparency in government activity and seeks to sunshine persons who are paid to lobby designated City officials, such as City Council and Board and Commission members, and their activities. In 2006, the City considered a lobbying ordinance. However, it was not approved, in part, because it contained language regarding reporting of lobbyist financial information, which was seen as unduly overbroad. (Attachment B.) The proposed Lobbying Ordinance does not have such a requirement, particularly because such information is available from other sources, such as required Fair Political Practices Commission ( "FPPC ") reporting requirements. The proposed ordinance now presented to the Board of Ethics was crafted by the Board of Ethics Ad Hoc Committee and the City Attorney's Office, specifically Chris Shilling, Anthony Jemison, and Fernando Kish from the Board of Ethics, and Glen Googins (City Attorney) and Simon Silva (Deputy City Attorney) from the City Attorney's office. The Ad Hoc Committee met many times to draft, review, and amend the proposed ordinance. The meetings, including noticed meetings to soliciting public input. The City Attorney's Office and Ad Hoc Committee would like to thank Mr. William Richter and the City Clerk (Ms. Donna Norris) and her staff for providing input in the drafting of the proposed ordinance. Many issues were considered and discussed in the drafting process by the Ad Hoc Committee, including review of other cities' ordinances. Key provisions of the proposed Lobbying Ordinance include the following: (1) Definitions; (2) Registration and Reporting; and (3) Enforcement. In the Definition provisions, Lobbyist and Lobbying are among the defined terms. A Lobbyist is defined as any person (including a business or organization) who is compensated to engage in direct communications with designated City officials to influence municipal decisions. Lobbying is direct communications with designated City officials to influence a municipal decision. Designated City officials include the City Council (including the Mayor), Board and Commission members, City Manager, City Clerk, City Attorney, Deputy City Managers, Department Directors and Assistant Directors, and the Zoning Administrator (as specified). In the Registration and Reporting provisions, lobbyist, as part of the registration process, are required to identify who they are, who they are working for, state the nature of their lobbying activity, and pay a fee for the administration of the Lobbying Ordinance (calculated as part of the City Master Fee Schedule process). A lobbyist is also required to report their activities on a quarterly basis. Their activity reports are intended to provide a brief description of their activities, including the date they engaged in lobbying, whom they lobbied, and a brief description of the subject of the lobbying (twenty words or so). Finally, lobbyist must disclose that they are lobbyist when engaging in direct communications with designated City officials and at meetings wherein Lobbyist appear before designated City officials. In the Enforcement provisions, a Lobbyist who violates the registration, reporting, and identification requirements of the proposed ordinance may have action taken against them by the Item No. 1 Page 3 Enforcement Authority. The Enforcement Authority is an assigned special counsel designated from panel of attorneys selected to act as the enforcement authority for the City Campaign Contribution Ordinance (CVMC 2.52). The Enforcement Authority has the ability to refer the matter to the District Attorney's Office for criminal prosecution as a misdemeanor, may pursue civil remedies, or issue administrative fines for violations. The City Clerk also plays a role and may also issue fines ($20 per day) for late registration or reporting, but may also waive the fines due to late filings or reporting if good cause is shown. Good cause involves an inability to register or report due to matters beyond the lobbyist's control. The proposed ordinance furthers the continuum of transparency in City government. The proposed ordinance seeks to identify lobbyist and their activities. In so doing, the public is informed of who is attempting to influence governmental decisions. As a result, the Ad Hoc Committee and the City Attorney's Office request that the Board of Ethics approve the proposed ordinance and recommend to City Council that City Council approve and adopt the proposed Lobbying Ordinance. Attachments: A. Chapter 2.55 B. 2006 News Article Prepared by: Simon Silva, Deputy City Attorney ATTACHMENT A DRAFT ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.55 TO THE CHULA VISTA MUNICIPAL CODE TO ADD LOBBYIST REGISTRATION AND REPORTING REQUIREMENTS WHEREAS, NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.55 of the Chula Vista Municipal Code is amended as follows: Chapter 2.55 LOBBYIST REGISTRATION AND REPORTING Sections: 2.55.010 Title. 2.55.020 Findings and Declarations. 2.55.030 Purpose of the Lobbyist Requirements. 2.55.040 Definitions. 2.55.050 Activities Not Considered Lobbying. 2.55.060 Lobbyist - Annual Registration and Reporting. 2.55.070 Lobbyist- Identification. 2.55.080 Lobbyist- Prohibited Activities; Restriction 2.55.090 Administration by the City Cleric. 2.55.100 Enforcement. 2.55.110 Effective Date. CHAPTER 2.55 PTOE -Lobby ORDIBOE FINAL 2.55.SS.10- 7- I6.doc n Ordinance Page 2 2.55.010 Title. This Chapter shall be known as the Lobbyist Registration and Reporting Requirements of the City of Chula Vista, and may be referred to herein as the Lobbyist Requirements, 2.55.020 Findings and Declarations. The City Council of the City of Chula Vista finds and declares as follows. The People of the City of Chula Vista have the need and right to know the identity of Lobbyists who attempt to influence the decisions of City government and the means employed by them to advance their employer's interests. Full disclosure of Lobbying activities of such persons and the identity of their employers will contribute to public confidence in the integrity of local government. Full disclosure is also necessary to ensure that City officials are kept informed about the identity of persons whose interests the Lobbyists represent. 2.55.030 Purpose of the Lobbyist Requirements. The purposes of the Lobbyist Requirements are to maintain a fair and open decision - making process in City government and to ensure that the public and City officials have full knowledge of Lobbying activities that have been brought to bear on any Municipal Decision. 2.55.040 Definitions. Unless a term is specifically defined in this section or the contrary is stated or clearly appears from the context, the definitions set forth in the Political Reform Act of 1974, Government Code sections 81000 et seq., shall govern the meaning of terms. Any term herein expressed in the plural may also apply to the singular. The following terms shall have the meanings set forth-herein: A. Compensation means any economic consideration provided in exchange for services rendered or to be rendered in the future, including, without limitation, salary and wages, stipends, payments, promises to perform or provide goods or services, fees, contingency fees, success fees, bonuses or awards. B. Designated City Official means any of the following: the Mayor, any Councilmember, Mayor and Councilmember staff members responsible for advising or reporting to the Mayor or Councilmember on policy matters or Municipal Decisions (including Chiefs of Staff and community liaisons), any City board or commission member, the City Manager, the City Attorney, the City Clerk, Deputy City Manager, any City department Director or Assistant Director, or the Zoning Administrator when acting as Ordinance Page 3 the decision maker in a Chapter 19 land use decision requiring a public hearing by the Zoning Administrator. Designated City Official shall also include the Mayor or councilmembers acting as the governing body for any governmental entity such as, but not limited to, the Successor Agency, Housing Authority, or Finance Authority. Designated City Official shall further include any City representative to any joint powers authority to which the City is a party and the joint powers authority does not have a separate lobbying registration requirement. C. Direct Communication means talking to a poison, either by telephone or in person, or corresponding with a person, either in writing, by electronic transmission (including, but not limited to, emails, text messages, social media, or "Snap Chat," "Skype," or "FaceTime" type medium), or by facsimile machnie. D. Enforcement Authority means the attorney assigned as special counsel to enforce the provisions of this Chapter asset forth in Section 2.55.100 of this Chapter. The Enforcement Authority shall be selected by the Board of Ethics from the same panel of special counsel chosen by the Board of Ethics, in accordance with Board of Ethic's selection and assignment policy, to act as the enforcement authority for the City's Campaign Contribution Ordinance set forth in Chapter 2.52. The aforementioned Board of Ethics special counsel panel shall remain in place for the purposes of assigning a complaint to the EnforcementAuthority until the Board of Ethics replaces it with anew panel. E. Lobby or Lobbying means to influence or attempt to influence a Municipal Decision of the City of Chula Vista by Direct Communication, in public or in private, with any Designated City Official, either individually or collectively, including as part of City Council or any committee, board, task force, or other body of the City. Lobbying includes providing information, statistics, analysis, studies, or petitions to a Designated City Official. F. Lobbyist means any Person or Organization who is employed, retained, or otherwise engaged for Compensation to Lobby, on behalf of another Person or Organization, any Designated City Official, either individually or collectively, including at any meeting of the City Council or any commission, committee, board, task force, or other body of the City. Notwithstanding the foregoing, for purposes of this Chapter no Person or Organization is a Lobbyist solely by reason of engaging in the activities described in 2.55.050. G. Municipal Decision means: 1. the drafting, introduction, consideration, reconsideration, adoption, defeat, repeal, or veto of any ordinance or resolution; 2. the amendment of any ordinance or resolution; 'Ordinance Page 4 3. a report recommending City action by a City staff member or City consultant to a Designated City Official; 4. A contract approval by City Council or the City Manager, except as otherwise permitted by Section 2.55.050. 5. quasi - judicial decisions, including, but not limited to: a. Any decision on a land development permit, map, or other matter decided by the City Council or City board or commission pursuant to the Municipal Code; b. Any grant, denial, modification, or revocation of a permit or license under the Municipal Code; and c. Any declaration of debarment under the municipal code; and 6. Any other decision or direction by the City Council or a City board or commission. H. Person or Organization means any individual, business entity, trust, corporation, partnership, association, committee or any other organization or group of individuals acting in concert. 2.55.050 Activities Not Considered Lobbying. A Person or Organization engaging in the following activities shall not be considered a Lobbyist for purposes of this Chapter: A. Any City official, or any federal, state or local elected or appointed official, acting in his or her official capacity, or any employee of the City, or of any federal, state or local governmental entity, acting within the scope of his or her employment. B. Any newspaper or other periodical of general circulation, book publisher, radio or television station (including any individual who owns, publishes, or is employed by any such newspaper or periodical, radio or television station) which in the ordinary course of business publishes (including via internet or other electronic medium) news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge legislative or administrative action if such newspaper, periodical, book publisher, radio or television station or individual, engages in no further or other activities in connection with urging legislative or administrative action other than to appear before the City Council or any commission, body or board in support of or in opposition to such action. C. Any person whose sole activity includes one or more of the following: 1. To submit a bid on a competitively bid contract; 2. To submit a written response to a request for proposals or qualifications; 3. To participate in an oral interview for a request for proposals or qualifications; or Ordinance Page 5 4. To negotiate the terms of a contract or agreement with the City once that person has been selected pursuant to a bid, request for proposals or qualifications, or by other means of selection recognized by law. D. A person whose communications are solely related to the establishment, amendment, administration, implementation or interpretation of a collective bargaining agreement or a memorandum of understanding or memorandum of agreement between the City and a recognized City employee organization or any communication required under the Meyers -Milias-Brown Act. Included in this Subsection is the representation of a City employee by an attorney or other representative in a disciplinary matter, including representation at an administrative interview, Skelly meeting (in accordance with Skelly v. State Personnel Board (1975) 15 Cal.3d 194), or appeal of discipline. E. Any person who communicates with the City Attorney's Office regarding legal matters or actual or potential litigation in any court or other legal forum. 2.55.060 Lobbyist - Annual Registration and Reporting Requirements. A. Registration. Lobbyists must register with the City Clerk within fifteen (15) days after qualifying as a Lobbyist under Section 2.55.040. B. Annual Registration Renewal. A Lobbyist must renew his or her registration by January 15 of each year unless he or she has terminated his or her status as a Lobbyist pursuant to Subsection H of this Section on or before January 15. C. Registration Fees. Persons subject to the registration requirements of this Chapter must pay a fee for cost recovery for administration of this Chapter. The fee shall be established annually and adopted by the City Council in the Chula Vista Master Fee Schedule. The applicable annual registration fee is due at the time of registration or registration renewal, and will be deemed delinquent thereafter. D. Late Fees. Delinquency fees shall be assessed if any required registration or reporting requirement or payment of any fee occurs after the due date according to the provisions of Section 1.41.100 of this Code by the City Clerk or, if a complaint is filed pursuant to Section 2.55.100, by the Enforcement Authority. Notwithstanding Section 1.41.100(D), if a late fee is assessed pursuant to this Subsection, the late fee shall be $20 per day until the violation is corrected. Ordinance Page 6 E. "Good Cause" Waiver of Fines for Late Filing or Payment of Fees. The City Cleric may waive fines for late filings or payments of fees provided for in Subsection D of this section upon a showing of good cause. To request a waiver, the Lobbyist must provide in writing, under penalty of perjury, the reason for the late filing that establishes good cause to the City Clerk and include documentation supporting the claim for good cause. Good cause, includes, but is not limited to incapacitation for medical reasons, hospitalization, accident involvement, loss or unavailability of records due to unforeseen and unpreventable event, or other similar legitimate reasons beyond the Lobbyist's control. Reasons not considered "good cause," include, but are not limited to: not receiving a notice of registering or reporting requirements or applicable deadlines; not being available to sign forms; not sending or filing with the proper official; not knowing where to get forms or reports; not having complete information by filing deadline; secretarial error; or other similar reason. F. Required Annual Registration Report. With the initial registration and any subsequent renewal, each Lobbyist must file a report with the City Cleric. The registration report shall be in a format prescribed by the City Clerk and must contain the following information: 1. The name, business address, email, and telephone and fax numbers of all persons required to register under this Chapter. The Lobbyist must inform the City Clerk, in writing, within fifteen (15) days, of any change in business address, email, or telephone or fax numbers. 2. The name, business address, email, telephone and fax numbers of the client or Person or Organization on whose behalf Lobbying activities are being conducted. The Lobbyist must also describe the nature of each client's or Person's or Organization's business and the Municipal Decision that the lobbyist is seeking to influence on behalf of the client or Person or Organization. G. Supplemental Reports. Lobbyists must file supplemental reports with, and in a format, prescribed by, the City Clerk, within ten (10) days of being retained to lobby on behalf of any person who was not listed on the lobbyist's initial or annual report. Supplemental reports must contain the information as specified in Subsection E of this Section. H. Quarterly Reports Summarizing Lobbyists Activities. Lobbyists must file quarterly reports with, and in a format prescribed by, the City Clerk, on or before April 15, July 15, October 15 and January 15, for the prior calendar quarter. Quarterly reports must contain the following information Ordinance Page 7 regarding their Lobbying activities: 1. Date Lobbying occurred; 2. The Designated City Official with whom the Lobbying occurred; and 3. A brief description (no more than twenty (20) words required) of the subject of the Lobbying. I. Termination of Lobbyist Status. A person or entity that was registered as a Lobbyist shall be deemed to be a Lobbyist for purposes of this Chapter until such time as that person or entity files a declaration with the City attesting to the termination of Lobbying services within the City. The declaration must be executed on a form prescribed by the City Clerk for that purpose, and must be filed with the City Clerk within thirty (30) days of the termination of a Lobbyist status. In addition, concurrently with the notice of termination of Lobbyist status set forth above, the Lobbyist must file a final report summarizing their Lobbying Activities as set forth Subsection G reporting their Lobbying activities from the date they filed or were required to file their last quarterly report or if the Lobbyist had not filed a quarterly report and no report was due from the date they first were required to register. J. Updates Required Upon Notice from City Cleric. The City Cleric may, but is not required to, notify a Lobbyist to file an amended registration, registration renewal, quarterly report, or supplemental report pursuant to this Section as a courtesy. When any person is so notified by the City Clerk to file an amended registration, registration renewal, quarterly report, or supplemental report pursuant to this Section the Lobbyist must provide the information within the time period specified in the notice from the City Clerk. Failure to receive notification fi-om the City shall not excuse compliance with, and shall not be a defense to any action to enforce, the provisions of this Chapter. K. Under Penalty of Perjury. All documents and reports required of a Lobbyist under this Chapter must be signed and submitted under penalty of perjury. 2.55.070 Lobbyist - Identification. When appearing in a Lobbying capacity at any meeting with a Designated City Official or at a public meeting of the City Council or any other City board or commission, the Lobbyist must identify himself or herself and the client(s) or the business or organization that he or she represents. In addition, at any public meeting of the City Council or any other City board or commission, a Ordinance Page 8 Lobbyist must disclose, prior to addressing the City Council or any other City board or commission, whether they have engaged in Lobbying activities within thirty days (30) of the public meeting with Designated City Officials that are present at the public meeting on a matter on the agenda for that public meeting, including public comment. 2.55.080 Lobbyist- Prohibited Activities; Restriction A. No Lobbyist shall engage in Lobbying unless he or she is registered with the City Clerk, is current with any required reporting, and has paid any and all fees and fines required or imposed pursuant to this Chapter. B. No person convicted of a criminal violation of this Chapter may act as a Lobbyist or otherwise attempt to influence Municipal Decisions for compensation under this Chapter for two years after such conviction. 2.55.090 Administration by the City Clerk. The City Clerk shall: 1. Subject to review and approval by the City Attorney, create all forms and explanatory materials, and adopt all reasonable and necessary procedures to implement this Chapter. The City Clerk may require electronic filing of registration, required reports, complaints, or other documents. 2. Provide yearly reports to the Mayor and City Council on the following: (1) Lobbyist registrations; (2) pending complaints and enforcement proceedings under this Chapter; and (3), if determined appropriate by the City Clerk, provide any recommendations for amendments of this Chapter to improve administration of this Chapter. Press releases summarizing the contents of the reports may be prepared and distributed with the respective reports by the City Clerk 3. Accept all filings required by this Chapter. The City Clerk shall inspect or cause to be inspected all filings for completeness and may refuse to accept any filing that is incomplete or from which the required information is missing or omitted. The City Clerk has the authority to notify, or cause to be notified, any person submitting an incomplete filing to file an amended registration, quarterly report or supplemental report and the date upon which it must be filed. Any person so notified by the City Cleric must comply as directed. Ordinance Page 9 4. The City Clerk shall accept complaints of violations of this Chapter and refer them to the Enforcement Authority in accordance with Section 2.55.100, with a copy to the City Attorney's Office. 5. The following records shall be preserved by the City Cleric and be available for public inspection as a public record and audit for a period of four years from date of filing of the records with the City Clerk: (1) required registration forms; (2) required quarterly reports; (3) written violation complaints filed with the City Clerk or submitted to the Enforcement Authority by the City Clerk, City Manager, or City Attorney; and (4) written decisions regarding the aforementioned violation complaints dismissing a matter or imposing a remedy as provided for in this Chapter. 2.55.100 Enforcement. A. The Enforcement Authority, as set forth in this Section, shall be responsible for the investigation and prosecution of alleged violations of this Chapter, including making referrals to the District Attorney's Office for criminal prosecution. B. Complaints of violations of this Chapter must be: (1) in writing on a form prescribed by the City Clerk; (2) sworn under penalty of perjury by the complainant; and (3) filed by either (i) an owner or operator of a business located in the City of Chula Vista or (ii) a resident of the City of Chula Vista. The complaint shall be filed with the City Clerk and include evidence to the satisfaction of the City Clerk that the complainant is (i) an owner or operator of a business located in the City of Chula Vista, or (ii) a resident of the City. The complaint shall state a full recitation of all facts that are alleged to constitute a violation of this Chapter. If a complaint does not comply with these requirements, the City Clerk shall notify the complainant and provide the basis as to why it is insufficient for filing. C. After receipt of a complaint that complies with Subsection B of this Section, within five (5) working days, the City Clerk shall forward the complaint to the Enforcement Authority for a probable cause determination. The Enforcement Authority shall make a probable cause determination within thirty (30) calendar days of receiving the complaint from the City Clerk. If no probable cause is determined to exist, the complaint shall be dismissed summarily and involved parties shall be notified of the dismissal in writing. Ordinance Page 10 D. If probable cause is determined to exist, the Enforcement Authority, in their discretion, shall determine which civil or criminal remedies, set forth in Subsection M, to pursue for violations of Sections 2.55.060, 2.55.070, or 2.55.080. If the Enforcement Authority determines that civil or administrative remedies are appropriate, the Enforcement Authority shall refer the complaint to the City Attorney, who, in turn, shall forward the complaint to the next Enforcement Authority on the special counsel panel, who will then take further investigatory and procedural steps necessary to resolve the matter. The Enforcement Authority may refer a violation for criminal prosecution after consideration of, but not limited to, and balancing of the following factors: (1) whether the violation was knowing or willful; (2) the severity of the violation; (3) the frequency of violations; (3) efforts to correct violations; (4) whether the violation was negligent or inadvertent; or (5) other considerations the Enforcement Authority determines is relevant in their decision making process. If the Enforcement Authority determines that criminal prosecution is appropriate, it shall refer the matter to the City Attorney, who, in turn, shall forward the complaint to the District Attorney for further handling. E. Violations of this Chapter forwarded to the District Attorney for handling shall not be subject to any further action by the Enforcement Authority. F. The special counsel, serving as the Enforcement Authority, may investigate and may institute legal action to compel compliance or to prevent further violations of this Chapter. If the allegation contained in the complaint is also a violation of state law, the Enforcement Authority shall not investigate but, rather, shall forward the complaint to the Fair Political Practices Commission, or other appropriate enforcement agency. G. Criminal prosecution for violations of this Chapter must be commenced within one (1) year after the date on which the violation occurred. H. Civil prosecution for violation of this Chapter must be commenced within four (4) years after the date on which the violation occurred. No administrative action alleging a violation of any of the provisions of this Chapter shall be commenced more than four years after the date on which the violation occurred. If the person alleged to have violated a provision of this Chapter engages in the fraudulent concealment of his or her acts or identity, the four -year period for civil and administrative actions shall be tolled for the period of concealment. For purposes of this subdivision, "fraudulent concealment' means the person knows of material facts related to his or her duties under this chapter and knowingly conceals them in performing or omitting to perform Ordinance Page 11 those duties, for the purpose of defrauding the public of information to which it is entitled under this Chapter. I. If the District Attorney determines that no violation occurred, the Enforcement Authority may review the complaint and, if necessary, conduct further investigation to determine if there is probable cause to find that the complainant committed perjury. If such probable cause exists, the enforcement authority shall forward the complaint to the District Attorney for prosecution for perjury. J. The Enforcement Authority may consult with the City Clerk, City Manager, or City Attorney on matters, including but limited to, the complaint, this Chapter, or City practices or procedures. K. Special counsel, serving as the Enforcement Authority, shall be immune to liability for enforcement of this Chapter. L. If a violation of this Chapter is observed by the City Clerk, City Manager, or City Attorney, they may file a complaint in writing and refer the matter to the Enforcement Authority for enforcement and prosecution. The requirements of Subsection B of this Section shall not apply to a complaint filed pursuant to this Subsection L. M. Criminal, Civil, and Administrative Penalties. The following remedies shall be available for violations of Sections 2.55.060, 2.55.70, or 2.55.080 of this Chapter: 1. Criminal Penalties. Any person who violates Sections 2.55.060, 2.55.070, or 2.55.080 is guilty of a misdemeanor and is subject to the provisions of Chapter 1.20 of this Code; 2. Civil Actions. The enforcement authority may bring a civil action against any person who violates Sections 2.55.060, 2.55.070, or 2.55.080 of this Chapter, and/or may seek injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this Chapter; or 3. Administrative Remedies. In addition to or in lieu of civil action, the provisions of Section 1.41. 100 [Administrative Citations] of this Code are applicable to any violation of Sections 2.55.060, 2.55.070, 2.55.080 of this Chapter. The Enforcement Authority may issue a written warning for minimal or inadvertent violations as an administrative remedy. Appeals pursuant to Chapter 1.40 of an administrative fine issued under this Subsection (M) (3) may be heard by a hearing officer selected by the City Manager. Ordinance Page 12 2.55. 110 Effective Date. The registration, reporting and other requirements of this Chapter shall apply to Lobbying occurring on or after the effective date of this Chapter. Lobbying that occurs prior to the effective date of this Chapter and payment for Lobbying Services rendered prior to the effective date of this Chapter, whether such payment is made prior to or after the effective date of this Chapter, shall not be considered for purposes of the registration, reporting and other of this Chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented By: [INSERT DEPARTMENT HEAD NAME] [INSERT DEPARTMENT HEAD TITLE] Approved as to form by: Glen R. Googins City Attorney ATTACHMENT B 8/31/2016 . SignOnSanDiego.com> News > Metro-- Council to pursue lobbyist regulation Council to pursue lobbyist regulation Ordinance entails registration, fees By Tanya Mannes UNION - TRIBUNE STAFF WRITER July 19, 2006 CHULA VISTA In the spirit of open government, lobbyists may soon be required to register with the city if they are being paid to influence any of its elected or appointed officials. The City Council voted unanimously last night to continue working on an ordinance to regulate lobbyists. The measure was proposed by Councilwoman Patty Chavez and approved by the city's Board of Ethics. "Lobbying is a part of government," Chavez said in an interview. "There's nothing wrong with it unless you're doing something wrong with it. You register, and you keep everything in the open." Chavez said publicity surrounding recent corruption scandals inspired her to offer the ordinance for Chula Vista. The most recent high - profile case involved former Rep. Randy "Duke" Cunningham, R- Rancho Santa Fe, who pleaded guilty in November to approving defense contracts in return for millions of dollars in bribes. "Really, it's just common sense for a city of our size to regulate lobbyists in light of everything that's going on in our country," Chavez said. Under the proposal considered last night, lobbyists working in Chula Vista would have to submit detailed information to the city clerk, including the names of their clients, a range for how much they are being paid and a description of the decision they hope to influence. The lobbyist registration also would contain information on the lobbyist's campaign contributions and fundraising activity. Each lobbyist would have to pay an annual $250 fee. Failure to register with the city clerk would be considered a misdemeanor punishable by a fine of up to $5,000. The council referred the ordinance to a subcommittee of Chavez and Councilman John McCann for further refining after a lobbyist testified the ordinance as proposed was overly broad and a minefield for potential violations. Jerry Livingston, who lobbies on behalf of the Building Industry Association, said the ordinance should contain an exemption for "routine land -use items." http:/ Aegacy.sandiegouniontribune.com/ news/ metro /20060719- 9999- 6m19cx4obby.html 1/2 big numanu ego.com> News > Metro - Council to pursue lobbyist regulation Jackie Lancaster, a resident, objected to a portion of the draft ordinance she believed would provide a "loophole" exemption for labor union lobbyists. McCann and Councilman Jerry Rindone said they were concerned the language was difficult to interpret. Still, Mayor Steve Padilla said the council is close to a consensus. "We're almost there, but there's work left to do," he said. Chavez agreed the ordinance needed a few changes but urged the council to make regulation of lobbyists a priority. City staff researched how other cities regulate lobbyists, and based the proposal for Chula Vista in part on San Jose's lobbying ordinance, Chavez said. The council first considered the ordinance at its May 23 meeting and referred it to the Board of Ethics. The ethics commission recommended approval. The ethics commission, which is chaired by Christopher Searles, had a few suggestions for tightening the lobbying ordinance in the future, including requiring public disclosure of lobbyists' gifts to elected officials. The ethics commission also would like the city to require lobbyists to disclose when they collect campaign contributions and deliver them to a candidate. Locally, San Diego and Oceanside are among cities that require registration of lobbyists. San Diego is considering tightening its ordinance to prevent lobbyists from raising large amounts of campaign money for candidates they hope to influence. ■ Tanya Mannes: (619) 498 -6639; tanva.mannest?a uniontrib.com Sponsored Links http:l 4egacysandiegouniontribune .com/nemlmetrol2o06o7l9- 9999- 6ml9c�Aobby.html 212