1 City Council Meeting: January 25, 2022 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.85.010 TO DEFINE ‘LOBBYING ACTIVITY’ AND CREATING SECTION 4.85.015 TO PROHIBIT ANY
INDIVIDUAL FROM SERVING ON A CITY BOARD, COMMISSION, TASK FORCE, OR
ADVISORY BOARD IF THAT INDIVIDUAL IS CURRENTLY REGISTERED AS A
LOBBYIST IN THE CITY OF SANTA MONICA OR REGISTERED AS A LOBBYIST IN
THE TWO YEARS PRIOR TO APPOINTMENT
WHEREAS, in 2016, Council adopted Ordinance No. 2511 (CCS) requiring lobbyists to register with the City Clerk’s office; and WHEREAS, all lobbyists must register no later than ten days after qualifying as a lobbyist, and any changes to the registration information must be reported within ten days of the change; and the ordinance includes a list of exemptions intended to ensure that the ordinance is narrowly tailored to achieve its purpose of transparency without impermissibly burdening First Amendment rights; and
WHEREAS, at its July 13, 2021 meeting, Council directed staff to return with a proposed ordinance, similar to that in place in other municipalities that: (1) more precisely defines what constitutes a lobbyist/legislative advocate; (2) precludes any individual who in the prior two years has been acting as a lobbyist/legislative advocate from being 2 appointed to a board, commission, or task force; and (3) precludes any member of a board, commission, or task force from simultaneously acting as a lobbyist/legislative advocate; and
WHEREAS, this ordinance addressed the items in Council’s July 13, 2021 direction to staff.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Santa Monica Municipal Code Section 4.85.010 is hereby amended as follows:
4.85.010 Definitions.
“Lobbyist” means any individual who engages in Lobbying Activity. receives economic consideration as the employee, representative or contractor of a person or entity other than the City of Santa Monica for communicating with any official or employee of the City for the purpose of influencing City action. For purposes of this Chapter, “Lobbyist” does not include City contractors and those seeking City contracts through bids and proposals.
“Lobbying Activity” includes the following and similar conduct for compensation when the conduct is related to attempting to influence City action:
A. Engaging in, either personally or through an agent, written, electronic, or oral direct communication with a City Official;
B. Drafting ordinances, resolutions, or regulations; or 3 C. Attempting to influence the position of any third party on City legislation or an issue relating to City legislation by any means, including, but not limited to, engaging in community or media relations activities;
D. Advising clients regarding strategy for legislative advocacy. “Official” means any person who is:
(a) Members of the City Council;
(b) Appointed by the City Council to serve on a board or commission and, the City Manager and City Clerk;
(c) A City employee appointed to serve as director of a City department; and (d) Any person who is required to file a Statement of Economic Interest.
Section 2. Santa Monica Municipal Code Section 4.85.015 is hereby created as follows:
Section 4.85.015 Prohibition on Lobbyists Serving on City Boards, Commissions, Task Forces, or Advisory Boards.
Any person appointed to a City board, commission, task force, or advisory board shall not have been a Lobbyist for at least two (2) years prior to the start of the term and once appointed, shall not function as a Lobbyist while serving on a City board, commission, task force, or advisory board. Any City board, commission, task force, or advisory board member who is a registered Lobbyist at the time this ordinance amendment takes effect shall immediately vacate their seat. 4 Section 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
Section 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall take effect 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
JOSEPH LAWRENCE
Interim City Attorney