What action is needed?
Entities and individuals that did not qualify as lobbyists before may now be considered lobbyists.
You should review the new definitions to determine if you or your company or firm qualifies as a "lobbyist."
If you do qualify, you must:
- Register with the City Clerk as a lobbyist (in one or more of three categories) within 10 days of qualifying and re-register each year.
- File Quarterly Disclosure Reports with the City Clerk for each category of lobbyist in which you qualify.
Failure to register as a lobbyist may result in:
- Prosecution as misdemeanors subject to fines, injunction and/or custody.
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San Diego's New Lobbying Laws: You May Be a Lobbyist!
On July 31, 2007, the San Diego City Council approved a series of substantial amendments to the City's Lobbying Ordinance. The new law, which takes effect on January 1, 2008, broadens the definition of a lobbyist and that of "lobbying activities," and puts increased registration and reporting responsibilities on lobbyists.
Lobbyist defined
A "lobbyist" is defined as any individual who engages in "lobbying activities" on behalf of a client or on behalf of an organized lobbyist.
The changes to the Lobbying Ordinance include:
- Replacing the $2,730 threshold with a $1 threshold;
- Requiring the disclosure of additional types of information including the amount of compensation they became entitled to receive for lobbying (rounded to the nearest $1,000); the number of lobbying contacts; and a description of the decision and the outcome sought;
- Narrowing of the scope of who is considered a "City Official;" and
- Requiring the registration of "Lobbying Firms" and organization lobbyists. "Lobbying Firm" means any entity that receives or becomes entitled to receive any amount of monetary or in-kind compensation to engage in lobbying activities on behalf of any other person, and that has at least one direct communication with a City Official for the purpose of influencing a municipal decision. A lobbying firm includes any entity that engages in lobbying activities on behalf of another person pursuant to a contingency fee agreement.
Who is affected?
"Lobbying Activities" include:
- Direct communication (e.g. meeting, talking, on the telephone, sending a letter/email) with a "City Official" for the purpose of influencing a municipal decision;
- Monitoring municipal decisions, preparing testimony and presentations, engaging in research, performing investigations, gathering facts, attending hearings, communicating with clients, and waiting to meet "City Officials," to the extent that such activities are related to influencing a municipal decision.
- Those who qualify as "City Officials" are detailed on the City of San Diego web site.
The city lobbying laws will not apply to:
- Lobbying by public officials (e.g., employees of the County, the San Diego Unified Port District, the City of Chula Vista , CCDC, etc.);
- Speaking at public meetings, or sending letters that become part of the public record (e.g., the City Clerk's docket files);
- Communications with City employees who are not "City Officials" under the ordinance (e.g., plan checkers, engineers, program managers, etc.);
- Communications between attorneys concerning pending litigation or administrative enforcement actions;
- Communications concerning collective bargaining agreements and memorandums of understanding between the City and an employee union; or
- Bidding on contracts via the competitive bid process if the communications do not extend beyond established procedures.
Related links:
Robin Munro is a registered lobbyist with the City of San Diego, the City of Oceanside and San Diego Regional Airport Authority. She represents clients in their dealings with public agencies throughout Southern California including among others, the City and County of San Diego and the California Coastal Commission. Allen Matkins' attorneys assist the firm's clients in navigating myriad federal, state and local legal requirements, including lobbying activities. |
