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Anaheim, CA 92805
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CITY COUNCIL AGENDA REPORT
City of Anaheim
OFFICE OF CITY ATTORNEY
DATE: SEPTEMBER 13, 2022
FROM: OFFICES OF THE CITY ATTORNEY, CITY MANAGER, AND
CITY CLERK
SUBJECT: ORDINANCE AMENDING SECTIONS 1.11.050 (EMAIL
RETENTION) AND 1.11.070 (LOBBYIST REGISTRATION) OF
CHAPTER 1.11 (SUNSHINE PROVISIONS) OF THE ANAHEIM
MUNICIPAL CODE TO INCREASE THE EMAIL RETENTION
PERIOD FOR CERTAIN EMPLOYEES, TO MAKE CERTAIN
VIOLATIONS OF THE CITY’S LOBBYING PROVISIONS A
MISDEMEANOR, AND TO REQUIRE THAT LOBBYISTS
CERTIFY THEIR REPORTS UNDER PENALTY OF PERJURY
ATTACHMENT (Y/N): YES ITEM # 16
REQUESTED ACTION:
1. That the City Council, by Motion, introduce an ordinance amending Chapter 1.11 of the Anaheim Municipal Code to i) provide that the City will retain on the City’s servers emails of Councilmembers and their staff, as well as City Executive Managers, that pertain to City business for two years, ii) make certain violations of the lobbying provisions contained in Chapter 1.11 a misdemeanor, and iii) require that all reports that lobbyists are required to submit must be certified as true under penalty of perjury.
2. That the City Council, by Motion, determine that the ordinance relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, Section 15378(b).
DISCUSSION:
At the June 7 and July 12, 2022 City Council meetings, Councilmember Valencia requested modifications to the City’s “Sunshine Ordinance,” Anaheim Municipal Code (“AMC”) Chapter 1.11, to increase transparency in City government. The attached ordinance makes three proposed changes to Chapter 1.11 to achieve that end.
First, the ordinance amends AMC section 1.11.050 to provide that the City will retain emails of Councilmembers, Council staff, and City Executive Managers that are public records (i.e., emails that are required to be kept by law or are necessary or convenient to conduct City business) for a two year period on the City’s servers.
Ordinance Amending Anaheim Municipal Code Chapter 1.11
September 13, 2022
Second, the proposed ordinance makes certain violations of the lobbying provisions in AMC 1.11.070 a misdemeanor. Specifically, if a person knowingly or intentionally i) acts as a lobbyist in the City without having registered as required by the Code, ii) fails to file a report of lobbying activity as required by the Code, iii) files a false or inaccurate report or a report that omits material information required to be disclosed, or iv) conceals or diverts compensation for lobbying activity in order to avoid the requirements of the Code, they may be charged with a misdemeanor and subject to a maximum of six (6) months in jail and a fine of $1,000.00. In addition, if convicted, the person will be banned from acting as a lobbyist or otherwise attempting to influence municipal legislation for compensation for one year after that conviction. These modifications to the lobbying provisions draw a distinction between inadvertent violations of the Code (such filing a report late), which remain subject to a fine, and intentionally committing more serious violations, which may be charged as a crime.
Third, the proposed ordinance mandates that all reports of lobbying activity required by the Code must be certified as true under penalty of perjury. This opens up the possibility of state law criminal charges if a person knowingly files a false (perjured) report.
These proposed changes to the Code are designed to increase accountability and transparency in City government by extending the time period that emails of Councilmembers, their staff, and members of the City’s Executive Team that pertain to City business are electronically retained. In addition, the proposed modifications increase the regulations applicable to lobbyists, by requiring them to certify their reports under penalty of perjury, and by imposing criminal penalties on lobbyists who knowingly submit false reports or engage in fraudulent activities to avoid or subvert the City’s lobbying regulations.
IMPACT ON BUDGET:
This Code amendment will have no budgetary impact.
Respectfully submitted, Respectfully submitted,
Robert Fabela Jim Vanderpool
City Attorney City Manager
Respectfully submitted,
Theresa Bass
City Clerk
Attachments:
1. Proposed Ordinance amending Chapter 1.11 of the Anaheim Municipal Code
2. Redline of proposed changes to AMC Chapter 1.11