200 S. Anaheim Blvd.
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Anaheim, CA 92805
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www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
OFFICE OF THE CITY CLERK
DATE: MARCH 26, 2024
FROM: OFFICE OF THE CITY CLERK
SUBJECT: 2023 REGISTERED LOBBYIST ANNUAL REPORT
ATTACHMENT (Y/N): YES ITEM # 07
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by Motion, receive and file the 2023 Registered Lobbyist Annual Report.
DISCUSSION:
Background
On August 15, 2017, the City Council of the City of Anaheim adopted Ordinance No. 6417, which became effective on September 14, 2017. This ordinance included a “Sunshine” provision, which implemented the Lobbyist Registration Program. This program requires an individual or entity, who receives compensation of $500 or more in a calendar month for lobbying in the City of Anaheim or any regional agency in which Anaheim has a voting role, to register with the City Clerk as a lobbyist. On September 27, 2022, the City Council amended the regulations within the Lobbyist Registration Program (Anaheim Municipal Code 1.11.070; Ordinance No. 6535) requiring 1obbyists to certify their reports under penalty of perjury and imposing criminal penalties on lobbyists who knowingly submit false reports or engage in fraudulent activities to avoid or subvert the City’s lobbying regulations.
In September 2023, the City Council provided direction to staff to expand the definition of a lobbyist, strengthen the regulations of the Lobbyist Registration Program and establish an auditing process. On December 5, 2023, the City Council amended regulations within the Lobbyist Registration Program (Anaheim Municipal Code
1.11.070; Ordinance No. 6563) which included the expanded definition of “Lobbyist “ to include any individual who is employed or contracted for a role that includes influencing legislative or administrative action as a substantial or regular portion of the employment or contract. The definition of lobbying activity was also revised to provide a more objective and clearer standard on what constitutes regulated lobbying.
In order to address the Council’s concern about the need for more active enforcement, an audit provision was established, which would require the City Auditor to periodically seek from any elective or appointed official of the City, the staff, aides, or advisers of the Registered Lobbyist Annual Report Program – 2023 Annual Report March 26, 2024
Mayor or City Council, any member of the City Executive Team, or Legislative Body, board or commission of the City, no less frequently than semi-annually, information about past meetings or communications with anyone who reasonably may be considered to have lobbied such individuals based on the definitions in the Ordinance. Based on that inquiry, individuals who appear to have engaged in lobbying activity but who have not registered as lobbyists or properly reported lobbying activity, the Auditor would notify and forward evidence to the City Clerk and the City Attorney, who would investigate the matter.
The Lobbyist Registration Program was also amended requiring lobbyists to acknowledge their commitment to retain and provide business records for the City Auditor’s review, and to cooperate with the City with regard to any audit performed. Lobbyists are now required to retain on file all business records relevant to any lobbying reported in the Quarterly Report for a period of not less than five years from the date the Quarterly Report is filed, and to submit copies, or make original documents available, to the City Auditor upon request. In addition, lobbyists are required to renew their registration, annually, by January 15 of each year unless the lobbyist has filed a termination report with the City Clerk by such date.
For complete provisions of the Lobbyist Registration Program (§1.11.070 of the Anaheim Municipal Code), visit: https://codelibrary.amlegal.com/codes/anaheim/latest/anaheim_ca/0-0-0- 53546
Pursuant to Section 1.11.070.050 of the Anaheim Municipal Code, an Annual Report is submitted to City Council outlining the lobbying activity, as reported. This report summarizes the lobbyist activity as disclosed in reports filed for Quarters 1, 2, 3, and 4 of calendar year 2023.
Registration
During calendar year 2023, there were a total of twenty-four (24) active/registered lobbyists within the City. The Lobbyist Registry (Attachment No. 2) is a current list of all registered and active lobbyists in the City of Anaheim. The Lobbyist Registry is available for public access on the City’s website at www.anaheim.net/lobbyist.
Disclosure of Lobbying Activities
For complete public disclosure of the range of activities by lobbyists and those who employ them, lobbying entities are required to file Quarterly Reports.
The Quarterly Report calls for lobbyists to report any form of communication directly or through his or her agents, during the reporting period, with any elective or appointed official of the City, member of the City Executive Team, and/or board/commission member of the City, for the purpose of influencing legislative or administrative action of the City of Anaheim or any regional agency in which Anaheim has a voting role.
The Registered Lobbyist Annual Report (Attachment No. 1) summarizes the lobbyist activity, as disclosed by the lobbying firms, for the 2023 calendar year, by quarter.
Registered Lobbyist Annual Report Program – 2023 Annual Report March 26, 2024
Disclosure of Campaign-Related Activities
Lobbying entities must also report on a quarterly basis the campaign contributions made to the Mayor or any City Council member. The quarterly disclosure reports filed for calendar year 2023 indicate that lobbyist-related campaign contributions totaled $2,844.
Public Access
Information about lobbying registration entities and their clients is available for public access on the City’s lobbying page, www.anaheim.net/lobbyist. Quarterly Reports may be viewed on-line and are updated quarterly during the year.
IMPACT ON BUDGET:
There is no budgetary impact.
Respectfully submitted,
Theresa Bass, CMC
City Clerk
Attachments:
1. 2023 Registered Lobbyist Annual Report
2. Lobbyist Registry (as of 03/21/2024)