2.15.050 Definitions.
The following definitions apply in this chapter:
“Activity expense” means any payment made by a lobbyist to or directly benefiting any city official, city official-elect or member of their immediate family. Activity expenses include gifts, honoraria, consulting fees, salaries and any other form of compensation, but do not include campaign contributions.
“Administrative action” means the proposal, drafting, development, consideration, advocacy, or recommendation of any rule, regulation, agreement or contract, permit, license or hiring action.
“City official” means any person who participates in the consideration of any legislative or administrative action other than in a purely clerical, secretarial, or ministerial capacity. City official includes the mayor and mayor-elect; any councilmember and councilmember-elect; any member of a city board, committee, or commission; any city employee; any city representative to any joint powers authority to which the city is a party; and any consultant to the city.
“Consultant” means an individual who, pursuant to a contract with the city:
A. Makes a governmental decision whether to:
1. Approve a rate, rule, or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the city to enter into, modify, or renew a contract provided it is the type of contract which requires city approval;
5. Grant city approval to a contract which requires city approval and in which the city is a party or to the specifications or scope of work for such a contract;
6. Grant city approval to a plan, design, report, study or similar item;
7. Adopt or grant city approval of policies, standards or guidelines for the city, or for any subdivision thereof.
B. Serves in a staff capacity with the city and in that capacity performs the same or substantially all the same duties for the city that would otherwise be performed by an individual holding a position specified in the city’s conflict of interest code.
“Client” means a person who is represented by a lobbyist.
“Compensation” means, but is not limited to, money of any denomination or origin; goods or services or anything of value, delivered, or rendered; or promises to perform or provide services or contractual arrangements or awards.
“Gift” means gift as defined in the California Political Reform Act, Government Code section § 81000, et seq., as amended from time to time.
“Influence” or “influencing” means the purposeful communication, either directly or through agents, promoting, supporting, modifying, opposing, causing the delay or abandonment of conduct, or otherwise intentionally affecting the behavior of a city of Sacramento official or official-elect, by any means, including, but not limited to, providing or using persuasion, information, incentives, statistics, studies or analyses; excepted from this definition is communication made as a part of a noticed governmental public meeting.
“Legislative action” means the drafting, introduction, consideration, modification, enactment or defeat of any motion, resolution, ordinance, amendment thereto, report, nomination, or other action of the mayor, city council, any committee of the city council, any entity for which the city council is the governing body, any joint powers authority of which the city is a party, or any city board, commission, or committee.
“Lobbying” is the influencing or attempting to influence a legislative or administrative action of the city of Sacramento.
“Lobbyist”, unless exempt under subsection D hereunder, means:
A. Contract Lobbyist. A person who engages in lobbying on behalf of one or more clients (acting individually or through agents, associates, employees or contractors) and who has received or has entered into an agreement for compensation of $3,200 or more for engaging in lobbying during any consecutive three-month period.
B. Business or Organization Lobbyist. Any business or organization, whose owners, officers, or employees carry out lobbying on its behalf, in an aggregate amount of 100 hours or more within any three-month period, whether or not such officers or employees are specifically compensated to engage in lobbying; provided that the activities of officers shall be considered lobbying only if those officers receive compensation by the business or organization beyond reimbursement for their reasonable, travel, meals or incidental expenses; or
C. Expenditure Lobbyist. A person who makes payments or incurs expenditures of $5,000 or more during any calendar year in connection with carrying out public relations, advertising or similar activities with the intent of soliciting or urging, directly or indirectly, other persons to communicate directly with any city official in order to attempt to influence legislative or administrative action. The $5,000 threshold does not include:
1. Compensation paid to contract lobbyists or employees for lobbying; or
2. Dues payments, donations, or other economic consideration paid to an organization, regardless of whether the dues payments, donations or other economic consideration are used in whole or in part to lobby.
D. Exemptions to “lobbyist” are:
1. Any public official acting in their official capacity or acting within the scope of their employment or appointment;
2. The media, when limiting its action to the ordinary course of news gathering or editorial activity, as carried out by members of the press. “Media” means newspapers or any other published periodical, radio or television station or network or information published on the Internet. This exemption also applies to neighborhood newsletters, flyers, or gazettes;
3. Persons reimbursed for only their reasonable travel, meals or incidental expenses, including but not limited to, uncompensated members or directors of non- profit organizations such as chambers of commerce;
4. Persons whose communications regarding any legislative or administrative action are limited to appearing or submitting testimony at any public meeting held by the city or any of its agencies, offices, or departments, as long as the communications are public records available for public review. Notwithstanding the foregoing, persons who otherwise qualify as lobbyists must register and disclose their lobbying activities directed toward city officials, in the same manner and to the same extent such registration and disclosure is required of all other lobbyists;
5. Persons submitting bids or responding to requests for proposals, provided the provision of such information is limited to direct conversation or correspondence with the official or department specifically designated to receive such information;
6. Persons providing oral or written information pursuant to a subpoena or otherwise compelled by law or regulation, or in response to an official request provided that the request and response thereto are public records available for public review;
7. Persons whose communications relate to:
a. The establishment, amendment, administration, implementation or interpretation of a collective bargaining agreement or a memorandum of understanding between the city and a recognized employee association.
b. Management decisions as to the working conditions of represented employees that clearly relate to the terms of a collective bargaining agreement or memorandum of understanding between the city and a recognized employee association.
c. Proceedings before the City of Sacramento Civil Service Board. “Organization” means any person that is not an individual.
“Person” means any individual, domestic or foreign corporation, for-profit or non- profit entity, firm, association, syndicate, union, chamber of commerce, joint-stock company, partnership of any kind, limited liability company, common-law trust, society, or any other group of persons acting in concert. (Ord. 2021-0001 § 1; Ord. 2003-034 § 1)