§ 27.4002 — Definitions

§27.4002 Definitions

All defined terms in this division appear in italics. Unless the context otherwise indicates, the defined terms have the meanings set forth below. Activity Expense means any payment made to, or on behalf of, any City Official or any member of a City Official’s immediate family, by a lobbyist, lobbying firm, or organization lobbyist if (a) during the previous 12 months the lobbyist, lobbying firm, or organization lobbyist engaged in lobbying the City Official’s department, agency, or City Board; or (b) during the next 12 months it is reasonably foreseeable that the lobbyist, lobbying firm, or organization lobbyist will engage in lobbying the City Official’s department, agency, or City Board. Activity expenses include gifts, meals, consulting fees, salaries, and any other form of compensation to a City Official or a City Official’s immediate family, but do not include contributions. Agent means a person who acts on behalf of any other person. Agent includes a person who acts on behalf of a lobbyist. Candidate means any individual who is holding elective City office or otherwise meets the definition of “candidate” under section 27.2903. Chairperson means the compensated individual holding the highest position of authority on an organization’s board of directors. A chairperson includes an individual occupying that position in an acting or temporary capacity. City means the City of San Diego or any of its organizational subdivisions, agencies, offices, or boards. City Board includes the boards of directors of all City agencies, and any board, commission, committee, or task force of the City established by action of the City Council under authority of the City Charter, Municipal Code, or Council resolution, whose members are required to file a statement of economic interests pursuant to the California Political Reform Act of 1974, as amended. City Official means any of the following officers or employees of the City, which includes all City agencies: elected officeholder; Council staff member; Council Committee Consultant; Council Representative; Assistant City Attorney; Deputy City Attorney; General Counsel; Assistant General Counsel; Chief; Assistant Chief; Deputy Chief; Assistant Deputy Chief; City Treasurer; City Auditor; Assistant City Auditor; City Comptroller; Independent Budget Analyst; Budget/Legislative Analyst; Financial Operations Manager; City Clerk; Labor Relations Manager; Facility Manager; Retirement Administrator; Director; Assistant Director; Deputy Director; Assistant Deputy Director; Chief Executive Officer; Chief Operating Officer; Chief Financial Officer; Chief Investment Officer; Assistant Investment Officer; President; Vice-President; and Assistant Vice President. City Official also means any member of a City Board and any candidate who has been elected to office but not yet sworn in. For purposes of this definition, a candidate is considered elected to office on the date the Council adopts its resolution declaring the results of the election. Client means any person who provides compensation to a lobbying firm for the purpose of influencing a municipal decision, and any person on whose behalf lobbying is performed by a lobbying firm. (a) Client includes any person that retains a lobbying firm to engage in lobbying pursuant to a contingency agreement. (b) If a coalition or membership organization is a client, a member of that coalition or organization is not also a client unless that member paid, or agreed to pay, at least $1,000 to the lobbying firm for lobbying activities performed on behalf of the coalition or organization with regard to a specific municipal decision. For purposes of this subsection, if a member is an individual, payments by that individual’s immediate family are attributable to that individual member. Compensation means any economic consideration for services rendered or to be rendered. Compensation does not include reimbursement for travel expenses. Confidential Information has the same meaning as in San Diego Municipal Code section 27.3503. Contact means the act of engaging in a direct communication with a City Official for the purpose of influencing a municipal decision. For purposes of this definition: (a) each discussion with a City Official regarding a different municipal decision is considered a separate contact; (b) each discussion regarding a municipal decision with a City Official and members of that official’s immediate staff, or with multiple immediate staff members of the same City Official, is considered a separate contact; (c) multiple identical or substantially similar written communications made by letter, facsimile or electronic mail to one or more City Officials pertaining to a single municipal decision may be considered a single contact for that municipal decision. Contribution has the same meaning as that term is used in Municipal Code section 27.2903, and includes a payment made to a professional expense committee under Municipal Code section 27.2965. Direct communication means: (a) talking to (either by telephone or in person); or (b) corresponding with (either in writing or by electronic transmission or facsimile machine). Enforcement Authority means the City of San Diego Ethics Commission. Nothing in this article limits the authority of the City Attorney, any law enforcement agency, or any prosecuting attorney to enforce the provisions of this article under any circumstances where the City Attorney, law enforcement agency, or prosecuting attorney otherwise has lawful authority to do so. Expenditure lobbyist means any person who makes expenditures for public relations, media relations, advertising, public outreach, research, investigation, reports, analyses, studies, or similar activities designed to influence one or more municipal decisions, to the extent that such payments total $5,000 or more within a calendar quarter. An expenditure is made on the date a payment is made or on the date consideration, if any, is received by the expenditure lobbyist, whichever is earlier. Expenditures for lobbying activities reported by a lobbying firm or organization lobbyist on a quarterly disclosure report shall not be considered for purposes of calculating the $5,000 threshold. Fundraising activity means soliciting, or directing others to solicit, contributions from one or more contributors, either personally or by hosting or sponsoring a fundraising event, and either: (a) personally delivering $2,000 or more in contributions to: (1) a candidate’s election committee; (2) a candidate-controlled ballot measure committee; (3) a candidate’s (including an elected City Official’s) professional expense committee; or (4) a committee primarily formed to support or oppose one or more candidates, or (b) identifying oneself to a candidate or a committee identified in subsection (a) as having any degree of responsibility for $2,000 or more in contributions received as a result of that solicitation. Gift means any payment that confers a personal benefit on the recipient, to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public. Any person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the consideration received, is of equal or greater value. Gifts are subject to the exceptions set forth in Municipal Code section 27.3525. Gifts do not include a ticket, invitation, or other admission privilege to an event held for a non-profit entity. Immediate family means an individual’s spouse or registered domestic partner, and any dependent children. Influencing a municipal decision means affecting or attempting to affect any action by a City Official on one or more municipal decisions by any method, including promoting, supporting, opposing, or seeking to modify or delay such action. Influencing a municipal decision also includes providing information, statistics, analysis, or studies to a City Official. Lobbying means direct communication with a City Official for the purpose of influencing a municipal decision on behalf of any other person. Lobbying activities means the following and similar activities that are related to an attempt to influence a municipal decision: (a) lobbying; (b) monitoring municipal decisions; (c) preparing testimony and presentations; (d) engaging in research, investigation, and fact-gathering; (e) attending hearings; (f) communicating with clients; (g) waiting to meet with City Officials; and (h) communications with City employees who are not City Officials. Lobbying entity means any lobbying firm, organization lobbyist, or expenditure lobbyist. Lobbying firm means any entity that receives or becomes entitled to receive any amount of monetary or in-kind compensation to engage in lobbying on behalf of any other person, and that has at least one direct communication with a City Official for the purpose of influencing a municipal decision. A lobbying firm includes any entity that engages in lobbying on behalf of another person pursuant to a contingency fee agreement. Officers of a lobbying firm include those individuals charged by the firm with certain powers and duties as designated by the firm, its bylaws or articles of incorporation. Lobbyist means any individual who engages in lobbying on behalf of a client and any individual owner, compensated officer, chairperson, or employee who engages in lobbying on behalf of an organization lobbyist. Lobbyist also means any individual owner, compensated officer, chairperson, or employee who has been designated on a lobbying firm’s or organization lobbyist’s registration form as being expected or authorized to lobby. Ministerial action means any action that does not require a City Official to exercise discretion concerning any outcome or course of action. A ministerial action includes, but is not limited to, decisions on private land development made pursuant to Process 1 as described in Chapter 11 of the Municipal Code. Municipal decision includes: (a) the drafting, introduction, consideration, reconsideration, adoption, defeat, repeal, or veto of any ordinance or resolution; and (b) the amendment of any ordinance or resolution; and (c) a report by a City Official to the City Council, a City Council Committee, or to the Mayor; and (d) contracts; and (e) quasi-judicial decisions, including: (1) any decision on a land development permit, map or other matter decided pursuant to Process 2 through 5 as described in Chapter 11 of this Municipal Code; and (2) any grant of, denial of, modification to, or revocation of a permit or license under Chapter 1 through 10 of this Municipal Code; and (3) any declaration of debarment as described in Chapter 2, Article 2, Division 8, of this Municipal Code; and (f) any other decision of the City Council or a City Board. Organization lobbyist means any business or organization, including any non-profit entity, that provides compensation to one or more employees for the purpose of lobbying on behalf of the business or organization and who have a total of 10 or more separate contacts with one or more City Officials for that purpose within 60 consecutive calendar days. An employee of any parent or subsidiary of the business or organization is considered an employee of that entity. “Employees” of an organization lobbyist include the owners, chairpersons. compensated officers, and employees of the business or organization. Officers of an organization lobbyist include those individuals charged by the organization with certain powers and duties as designated by the organization, its bylaws or articles of incorporation. Payment means a payment, distribution, transfer, loan, advance, deposit, gift or other rendering of money, property, services, or anything else of value, whether tangible or intangible. Person means any individual, business entity, trust, corporation, association, committee, or any other organization or group of persons acting in concert. Public hearing means any meeting as defined by the Ralph M. Brown Act. Public official means an elected or appointed officer or employee or officially designated representative, whether compensated or not, of the United States or any of its agencies; the State of California; the City; any political subdivision of the State, including counties and districts; or any public corporation, agency, or commission. Travel expenses means reasonable expenses for transportation plus a reasonable sum for food and lodging.

(Amended 4-29-2002 by O-19055 N.S.) (Amended 8-3-2007 by O-19656 N.S.; effective 1-1-2008.) (Amended 10-27-2008 by O-19795; effective 1-1-2009.) (Amended 12-2-2009 by O-19913 N.S.; effective 1-1-2010.) (Amended 11-27-2012 by O-20227 N.S.; effective 1-1-2013.) (Amended 2-9-2016 by O-20596 N.S.; effective 3-10-2016.) (Amended 12-10-2018 by O-21024 N.S.; effective 1-9-2019.) (Amended 7-29-2019 by O-21098 N.S.; effective 8-28-2019.)