Sec. 2-63. - Persons required to register as lobbyists.
Sec. 2-66. - Quarterly activity reports.
Sec. 2-67. - Restricted activities.
Sec. 2-68. - Identification of clients.
Sec. 2-69. - Timeliness of filing registrations and reports.
Sec. 2-71. - Constitutional rights.
As used in this division, the following words and phrases have the meaning ascribed to them in this section, unless the context requires otherwise:
(a)
City official means the mayor, members of the city council, municipal court judges and magistrates, the city manager, deputy city manager, city clerk, assistant city clerk, assistant city managers, assistants to the city manager, all department heads, assistant department heads, internal auditor and assistant internal auditors; Market Square superintendent; assistant to city council; assistants to city council, including contract personnel, assistant to mayor; assistants to the mayor, including contract personnel, secretary to city manager; executive secretaries; community action manager; public utilities supervisor, members of bid committees, and members of the following boards and commissions: board of adjustment; board of appeals; city public service; fire fighter's and police officer's civil service commission; electrical examining and supervising board; ethics review board established pursuant to this ethics code; Greater Kelly Development Authority and any authority later created under Chapter 378, Defense Base Development Authorities, of Subtitle A, Title 12 of the Texas Local Government Code; historic and design review commission; Housing Authority of San Antonio; municipal civil service commission; planning commission; plumbing appeals and advisory board; public library board of trustees; San Antonio Water System; Urban Renewal Agency (SADA); zoning commission; and any other board or commission that is more than advisory in nature.
(b)
Client means any person on whose behalf lobbying is conducted. If a person engages in lobbying on that person's own behalf, whether directly or through the acts of others, the person is both a client and a lobbyist (as defined in subsection (h)). In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members.
(c)
Compensation means money or any other thing of value that is received, or is to be received, in return for or in connection with lobbying services rendered, or to be rendered, including reimbursement of expenses incurred in lobbying. "Compensation" for professional services that do not primarily require contact or advocacy with public officials does not constitute "compensation in connection with lobbying services" for purposes of this section, if contact with public officials is incidental to the primary purpose of the employment.
Compensation does not include a payment made to any individual regularly employed by a person if:
(1)
The payment ordinarily would be made regardless of whether the individual engaged in lobbying activities; and
(2)
Lobbying activities are not part of the individual's regular responsibilities to the person making the payment.
Compensation does not include the financial gain that a person may realize as a result of the determination of a municipal question, unless that gain is in the form of a contingent fee.
If a lobbyist engages in both lobbying activities and other activities on behalf of a person, compensation for lobbying includes all amounts received from that person, if, for the purpose of evading the obligations imposed under division 5, the lobbyist has structured the receipt of compensation in a way that unreasonably minimizes the value of the lobbying activities.
Compensation which has not yet been received is considered to be received on the date that it is earned, if that date is ascertainable; otherwise, it is received on the date on which the contract or agreement for compensation is made, or on the date lobbying commences, whichever is first. Compensation does not include any amounts previously reported under section 2-66.
(d)
Expenditure means a payment, distribution, loan, advance, reimbursement, deposit, or gift of money or anything of value, including a contract, promise, or agreement to make an expenditure, regardless of whether such contract, promise, or agreement is legally enforceable.
Expenditure does not include an amount paid to any individual regularly employed by a person if:
(1)
The amounts paid to the individual are ordinarily paid regardless of whether the individual engages in lobbying activities; and
(2)
Lobbying activities are not part of the individual's regular responsibilities to the person making the payment.
The date on which an expenditure is incurred is determined according to generally accepted accounting principles. The term "expenditure" does not include the cost of photocopying city documents, if those costs are the only expenditures made by the person in question on lobbying activities. The term "expenditure" also does not include the cost of photocopying documents, or creating other informational material by individuals who communicate with public officials to express personal opinions on behalf of themselves, their family or members of their household.
(e)
Gift has the same meaning as in section 2-42
(f)
Immediate family means a spouse and dependent children.
(g)
Knowingly has the same meaning as in section 2-42
(h)
Lobbyist means a person who engages in lobbying, whether directly or through the acts of another. If an agent or employee engages in lobbying for a principal or employer, both the agent and the principal, or the employee and the employer, are lobbyists.
(i)
Lobby or lobbying, except as provided below, means any oral or written communication (including an electronic communication) to a city official, made directly or indirectly by any person in an effort to influence or persuade an official to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any municipal question. The term lobby or lobbying does not include a communication:
(1)
Merely requesting information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a city official;
(2)
Made by a public official or employee (including, but not limited to, an official or employee of the city) acting in his or her official capacity;
(3)
Made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public;
(4)
Made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, or any other medium of mass communication;
(5)
Made at a meeting open to the public under the Open Meetings Act;
(6)
Made in the form of a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding;
(7)
Made in writing as a petition for official action and required to be a public record pursuant to established city procedures;
(8)
Made in writing to provide information in response to an oral or written request by a city official for specific information;
(9)
The content of which is compelled by law;
(10)
Made in response to a public notice soliciting communications from the public and directed to the official specifically designated in the notice to receive such communications;
(11)
Made on behalf of an individual with regard to that individual's employment or benefits;
(12)
Made by a fact witness or expert witness at an official proceeding; or
(13)
Made by a person solely on behalf of that individual, his or her spouse, or his or her minor children.
(j)
Lobbying firm means:
(1)
A self-employed lobbyist, or
(2)
A person that has one or more employees who are lobbyists on behalf of a client or clients other than that person.
(k)
Municipal question means a public policy issue of a discretionary nature pending or impending before city council or any board or commission, including, but not limited to, proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, reports, regulations, policies, nominations, appointments, sanctions, and bids, including the adoption of specifications, awards, grants, or contracts.
The term "municipal question" does not include the day-to-day application, administration, or execution of existing city programs, policies, ordinances, resolutions, or practices, including matters that may be approved administratively without consideration by a board, a commission, or the city council. The term "municipal question" does include all discretionary matters before the board of adjustment, the planning commission and all advisory committees and subcommittees thereof.
(l)
Person means an individual, corporation, association, firm, partnership, committee, club, organization, or a group of persons voluntarily acting in concert.
(m)
Registrant means a person required to register under section 2-63
(Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06)
Sec. 2-63. - Persons required to register as lobbyists.
Except as provided by section 2-64, a person or entity who engages in lobbying must register with the city clerk if:
(1)
With respect to any client, the person or entity engages in lobbying activities for compensation; or
(2)
The person or entity expends monies for lobbying activities.
The terms "compensation" and "expenditure" are defined in section 2-62.
(Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06)
The following persons and entities are not required to register under sections 2-63 and 2-65 or file an activity report under section 2-66:
(1)
Media outlets. A person who owns, publishes or is employed by:
a.
A newspaper;
b.
Any other regularly published periodical;
c.
A radio station;
d.
A television station;
e.
A wire service; or
f.
Any other bona fide news medium that in the ordinary course of business disseminates news, opinions, or paid advertisements that directly or indirectly oppose or promote municipal questions or seek to influence official action relating thereto, if the person does not engage in other activities that require registration under division 5. This subsection does not exempt the news media or a person whose relation to the news media is only incidental to a lobbying effort or if a position taken or advocated by a media outlet directly impacts, affects, or seeks to influence a municipal question in which the media outlet has a direct or indirect economic interest.
(2)
Mobilizing entity constituents and not-for-profit organizations. A person whose only lobbying activity is to encourage or solicit the members, employees, or owners (including shareholders) of an entity by whom the person is compensated to communicate directly with one or more city officials to influence municipal questions. This exception is intended to apply to neighborhood associations and not-for-profit organizations.
(3)
Governmental entities. Governmental entities and their officials and employees, provided the communications relate solely to subjects of governmental interest concerning the respective governmental bodies and the city.
(4)
Unknown municipal questions. A person who neither knows nor has reason to know that a municipal question is pending at the time of contact with a city official. This subsection does not apply if the existence of a municipal question is discovered during on-going contacts with a city official and the person then engages in additional lobbying of the same official or other city officials with respect to that municipal question.
(5)
Dispute resolution. An attorney or other person whose contact with a city official is made solely as part of resolving a dispute with the city, provided that the contact is solely with city officials who do not vote on or have final authority over any municipal question involved and so long as such an attorney complies with Rule 4.02 of the Texas Disciplinary Rules of Professional Conduct, as amended.
(6)
Compensation of registrant. A client who would only be required to register under section 2-63 because of any expenditure to compensate a registrant, other than an employee, to lobby on a municipal question of interest to the client, provided that the compensated registrant files a registration statement or activity report for the period in question.
(7)
Agent or employee. An agent or employee of a lobbying firm or other registrant that files a registration statement or activity report for the period in question fully disclosing all relevant information known to the agent or employee.
(8)
Individual. An individual who engages in lobbying but who neither receives compensation nor expends monies for lobbying with respect to any client. The term "expends" does not include the cost of photocopying documents, or creating other informational material by individuals who communicate with public officials to express personal opinions on behalf of themselves, their family or members of their household.
(9)
Attorneys. A licensed attorney who is performing an act that may be performed only by a licensed attorney.
(Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06; Ord. No. 2009-06-25-0553, § 2(Att. B), 6-25-09)
(a)
Separate registrations. A person or entity required to register as a lobbyist under section 2-63 must file a separate registration form for each client. A registrant who makes more than one lobbying contact for the same client shall file a single registration form covering all lobbying contacts for that client. Each registration form must be signed under oath. If the registrant is not an individual, an authorized officer or agent of the registrant shall sign the form.
(b)
Initial registration. An initial registration form relating to a client must be filed by a person required to register under section 2-63 within ninety (90) days after the start of lobbying activity for that client. However, in no event shall a registrant knowingly fail to register, or knowingly fail to disclose such registration to relevant city officials, prior to official city action relating to the subject matter of the lobbying activity.
(c)
Subsequent annual registration. Except as provided in subsection (f) subsequent registration forms must be filed annually each January for each client for whom a registrant previously filed, or was required to file, an initial registration form.
(d)
Consolidated registration for firms/organizations. An individual, firm or organization that registers as a lobbyist and that employs agents or employees who engage in lobbying activity on behalf of the registrant's clients may include the agents or employees within the registrant's initial and annual registration, by identifying the agents or employees and disclosing lobbying activity as required under subsection (e) by each agent or employee.
(e)
Required disclosures. Initial or subsequent registration shall be on a form prescribed by the city clerk and shall include, to the extent applicable:
(1)
The full name, telephone number, permanent address, and nature of the business of:
a.
The registrant;
b.
The client;
c.
Any person, other than the client, on whose behalf the registrant has been engaged by the client to lobby;
d.
Any person, other than the client, who is known by the registrant to contribute financially to the compensation of the registrant, or which, in whole or in major part, plans, supervises, or controls the registrant's lobbying activities on behalf of the client;
e.
Any lobbying firm for which the registrant is an agent or employee with respect to the client; and
f.
Each employee or agent of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client;
(2)
A statement of all municipal questions on which the registrant or its agents or employees have lobbied for the client in the year preceding the filing of the registration or foreseeably will lobby;
(3)
A list of any positions held by the registrant or its agents or employees as an official or employee of the city, as those terms are defined in section 2-42 during the past two (2) years.
(4)
If the registrant or an agent or employee is a former city official or employee, a statement that the registrant's lobbying activities have not violated and will not foreseeably violate subsections 2-56(a) or (b), or section 2-57
(f)
Termination of registration. A registrant shall file a notice of termination of registration with the city clerk if the registrant is no longer required to register by section 2-63. A filing under this subsection does not relieve the registrant of reporting requirements imposed by section 2-66 for the reporting period in question.
(g)
Fee. At the time of initial or subsequent annual registration with respect to a client, a registrant shall pay to the city, and the city clerk shall collect, a fee of five hundred dollars ($500.00) for the registrant and five hundred dollars ($500.00) for each agent or employee of the registrant that engages in lobbying activity on behalf of the registrant's clients. All lobbyist registration fees shall be deposited into a separate account within the general fund, which account shall be used to offset the costs of administering the city's lobbying ordinance and the costs of handling disclosure filings.
(h)
Ethics code briefing. During the registration process, the ethics compliance officer shall offer a briefing to each new registrant on division 5 and each shall be provided with information regarding the lobbyist provisions of the ethics code.
(Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06; Ord. No. 2007-09-13-0973A, § 2, 9-13-07; Ord. No. 2009-06-25-0553, § 2(Att. B), 6-25-09; Ord. No. 2009-09-17-0731B, § 1, 9-17-09)
Sec. 2-66. - Quarterly activity reports.
(a)
Required disclosures. Except as provided in section 2-64, each registrant shall file with the city clerk a separate report signed under oath concerning the registrant's lobbying activities for each client from whom, or with respect to whom, the registrant received compensation of, or expended, monies for lobbying during the prior calendar quarter.
A firm, entity, or individual that employs agents or employees who lobby on behalf of that organization's or employer's clients may file quarterly reports regarding lobbying activities on behalf of all the organization's or employer's clients, so long as all activities by agents and employees that must be disclosed pursuant to division 5 are reported on the consolidated quarterly report. When a registrant files a quarterly report disclosing the lobbying activities of its agents or employees, the registrant's agents and employees, are not required to file separate quarterly reports.
The report for the preceding calendar quarter shall be filed between the first and fifteenth day of April, July, October, or January, or on the date registration on behalf of the client is required, whichever comes later. If the registrant is not an individual, an authorized officer or agent of the registrant shall sign the form. The report shall be on the form prescribed by the city clerk and shall include, with respect to the previous calendar quarter, to the extent applicable:
(1)
The name of the registrant, the name of the client, and any changes or updates in the information provided in the most recent registration statement filed pursuant to section 2-65
(2)
A list of the specific issues upon which the registrant or its agents or employees engaged in lobbying activities, including, to the maximum extent practicable, a list of specific legislative proposals and other proposed, pending, or completed official actions;
(3)
A list of the city officials contacted by the registrant or its agents or employees on behalf of the client with regard to a municipal question;
(4)
A list of the employees or agents of the registrant who acted as lobbyists on behalf of the client;
(5)
In the case of a registrant engaged in lobbying activities on its own behalf, a good faith estimate of the total expenditures as defined in section 2-62 that the registrant and its agents or employees incurred in connection with lobbying activities;
(6)
Each gift, benefit, or expenditure greater than fifty dollars ($50.00) made to, conferred upon, or incurred on behalf of a city official or his or her immediate family by the registrant, or by anyone acting on behalf of the registrant, shall be itemized by date, city official, actual cost, and circumstances of the transaction;
(7)
Each exchange of money, goods, services, or anything of value by the registrant, or by anyone acting on behalf of the registrant, with any business entity in which the registrant knows or should know that a city official has an economic interest, or for which the city official serves as a director or officer, or in any other policy making position, if:
a.
The total of such exchanges is one thousand dollars ($1,000.00) or more in a calendar quarter; and
b.
The city official:
1.
Has been lobbied by the registrant or its agents or employees during the calendar quarter; or
2.
Serves on a board or other city body that has appellate jurisdiction over the subject matter of the lobbying.
Each exchange shall be itemized by date, business entity and address, city official, amount, and nature of transaction. For purposes of this subsection, the term "exchange" does not include a routine purchase from a commercial business establishment, if the city official in question is neither aware, nor likely to become aware, of the transaction; and
(8)
The name and position of each city official or member of a city official's immediate family who is employed by the registrant.
(b)
Preservation of records. Each registrant shall obtain and preserve all accounts, bills, receipts, books, papers and documents necessary to substantiate the activity reports required to be made pursuant to this section for five (5) years from the date of filing of the report containing such items. These records must be provided to the ethics review board upon request by the board.
(c)
No activity or changes. No quarterly activity report is required if there is no activity during the preceding quarter calendar year and there are no other changes to items required to be reported.
(d)
Estimates of income or expenses. For purposes of subsections (a)(5), (a)(6), and (a)(7), required estimates of compensation or expenses shall be made to the nearest one hundred dollars ($100.00), for amounts totaling less than five thousand dollars ($5,000.00), and to the nearest one thousand dollars ($1,000.00), for amounts totaling more than five thousand dollars ($5,000.00).
(e)
Contingent fees. A person shall disclose employment to lobby on a contingent fee basis as well as any arrangement to engage in lobbying activities on a contingent fee arrangement.
(Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06; Ord. No. 2009-06-25-0553, § 2(Att. B), 6-25-09)
Sec. 2-67. - Restricted activities.
(a)
False statements. A person who lobbies or engages another person to lobby, or any other person acting on behalf of such persons, shall not intentionally or knowingly make any false or misleading statement of fact to any city official, or, knowing a document to contain a false statement, cause a copy of such document to be received by a city official without notifying such official in writing of the truth.
(b)
Failure to correct erroneous statement. A registrant who learns that a statement contained in a registration form or activity report filed by the registrant during the past three (3) years is false shall not fail to correct that statement by written notification to the city clerk within thirty (30) days of learning of the falsehood.
(c)
Personal obligation of city officials. A person who lobbies or engages another person to lobby, or any other person acting on behalf of such person, shall not do any act, or refrain from doing any act, with the express purpose and intent of placing any city official under personal obligation to such lobbyist or person.
(d)
Improper influence. A registrant shall not cause or influence the introduction of any ordinance, resolution, appeal, application, petition, nomination, or amendment thereto for the purpose of thereafter being employed as a lobbyist to secure its granting, denial, confirmation, rejection, passage, or defeat.
(e)
Use of false identification. A person who lobbies or engages another person to lobby, or any other person acting on behalf of such person, shall not cause any communication to be sent to a city official in the name of any fictitious person or in the name of any real person, except with the consent of such real person.
(f)
Prohibited representations. A person who lobbies or engages another person to lobby, or any other person acting on behalf of such person, shall not represent, either directly or indirectly, orally or in writing, that that person can control or obtain the vote or action of any city official.
(g)
Legislator's exclusion. At any time within sixty (60) days of a date when the Texas Legislature is to be in session, or at any time the Texas Legislature is in session, or when the Texas Legislature sits as a Constitutional Convention, members of the Texas Legislature and their agents and employees are prohibited from lobbying as that term is defined in subsection 2-62(h).
At any other time, the city strongly discourages members of the Texas Legislature and their spouses, agents and employees from lobbying before the city.
If a legislator, his or her spouse, agent, or employee does engage in lobbying activity during a time outside a regular session and outside the sixty (60) days before and after a regular session, and the governor calls a special session for which the legislator had no notice at the time of the lobbying activity, this section is not violated.
(h)
Lobbying by councilmembers. At any time within sixty (60) days of a date when the Texas Legislature is to be in session, or at any time the Texas Legislature is in session, or when the Texas Legislature sits as a Constitutional Convention, members of the city council of the city are prohibited from lobbying members of the Texas Legislature on behalf of the councilmember's private client(s) or employer. Councilmembers are not prohibited from meeting with members of the Texas Legislature on behalf of the city concerning legislation, administrative action, or any other action in their official city capacity. For the purposes of this subsection, lobbying means any oral or written communication (including an electronic communication) to a member of the legislative branch, made directly or indirectly, by a city councilmember in an effort to influence or persuade a member of the legislative branch to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any legislation or administrative action on behalf of the councilmember's private client(s) or employer.
At any other time, the city strongly discourages members of the city council and their spouses, agents and employees from lobbying before the Texas Legislature. This does not apply to lobbying on behalf of the city concerning legislation, administrative action, or any other action in their official city capacity.
If a councilmember, his or her spouse, agent, or employee does engage in lobbying activity during a time outside a regular legislative session and outside the sixty (60) days before and after a regular session, and the governor calls a special session of which the councilmember had no notice at the time of the lobbying activity, this section is not violated.
(i)
Limitations on gifts. A person who lobbies or engages another person to lobby, or any other person acting on behalf of such persons, shall not give gifts to a city official or a city employee or his or her immediate family, save and except for:
(1)
Items received that are of nominal value; or
(2)
Meals in an individual expense of fifty dollars ($50.00) or less at any occurrence, and no more than a cumulative value of five hundred dollars ($500.00) in a single calendar year, from a single source, as permitted in section 2-45, or
(3)
Other gifts permitted under section 2-45
(j)
Prohibited lobbying. A person who lobbies or engages another person to lobby, or any other person acting on behalf of such person, is prohibited from lobbying activities with city officials and employees regarding such contract after a request for proposal (RFP), a request for qualifications (RFQ) or other solicitation has been released. This no-contact provision shall conclude when the contract is posted as a city council agenda item. If contact is required with city officials and employees, such contact will be done in accordance with procedures incorporated into the solicitation document. Violation of this provision by respondents or their agent(s) may lead to disqualification of their offer from consideration.
(Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06)
Sec. 2-68. - Identification of clients.
(a)
Appearances. Each person who lobbies or engages another person to lobby appearing before the city council or an official body identified in the definition of "city official" in section 2-62 shall orally identify himself or herself and the client(s) he or she represents upon beginning an address. Each person who lobbies or engages another person to lobby shall also disclose on appropriate sign-in sheets his or her identity, the identity of the client he or she represents, and whether he or she is registered as a lobbyist as required by section 2-63
(b)
Oral lobbying contacts. Any person who makes an oral lobbying contact with an official shall, identify the client or clients on whose behalf the lobbying contact is made and identify himself or herself as a registered lobbyist.
(c)
Written lobbying contacts. Any registrant who makes a written lobbying contact (including an electronic communication) with a city official shall identify the client(s) on whose behalf the lobbying contact is made and identify himself or herself as a registered lobbyist.
(Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06)
Sec. 2-69. - Timeliness of filing registrations and reports.
A registration or report filed by first-class United States mail or by common or contract carrier is timely if:
(1)
It is properly addressed with postage and handling charges prepaid; and
(2)
It bears a post office cancellation mark or a receipt mark from a common or contract carrier indicating a time within the applicable filing period or before the applicable filing deadline, or if the person required to file furnishes satisfactory proof that it was deposited in the mail or with a common or contract carrier within that period or before that deadline.
(Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06)
The city clerk shall:
(1)
Provide guidance and assistance on the registration and reporting requirements for lobbyists and develop common standards, rules, and procedures for compliance with this division;
(2)
Review for completeness and timeliness registrations and reports;
(3)
Maintain filing, coding, and cross-indexing systems to carry out the purposes of this division, including:
a.
A publicly available list of all registered lobbyists, lobbying firms, and their clients; and
b.
Computerized systems designed to minimize the burden of filing and maximize public access to materials filed under this division;
(4)
Make available for public inspection and copying at reasonable times the registrations and reports filed under this division; and
(5)
Retain registrations and reports in accordance with the Local Government Records Act.
(Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06)
Sec. 2-71. - Constitutional rights.
Nothing in this division shall be construed to prohibit or interfere with any person's rights guaranteed by the United States and Texas Constitutions.
(Ord. No. 2006-03-02-0268, § 1(Exh. A), 3-2-06)