§ 27.4004 — Exceptions

§27.4004 Exceptions

The following persons and activities are exempt from the requirements of this division: (a) a public official acting in his or her official capacity and any government employee acting within the scope of his or her employment; (b) any newspaper or other regularly published periodical, radio station, or television station (including any individual who owns, publishes, or is employed by any such newspaper, periodical, radio station, or television station) that in the ordinary course of business publishes news items, editorials, or other comments or paid advertisements that directly or indirectly urge action on a municipal decision, if such newspaper, periodical, radio station, television station, or individual engages in no other activities to influence a municipal decision; (c) any person whose sole activity includes one or more of the following: (1) to submit a bid on a competitively bid contract; (2) to submit a written response to a request for proposals or qualifications; (3) to participate in an oral interview for a request for proposals or qualifications; or, (4) to negotiate the terms of a contract or agreement with the City, once the City has authorized either by action of the City Council, City Manager, or voters, entering an agreement with that person whether that person has been selected pursuant to a bid, request for proposals or qualifications, or by other means of selection recognized by law. (5) to communicate in connection with the administration of an existing contract between the person and the City. (d) any request for advice regarding, or for an interpretation of, laws, regulations, City approvals, or policies; (e) any communication by an attorney with regard to his or her representation of a party or potential party to pending or actual litigation, or to a pending or actual administrative enforcement proceeding, brought by or against the City, or City agent, officer, or employee; (f) any communication concerning a ministerial action; (g) any communication concerning the establishment, amendment, administration, implementation, or interpretation of a collective bargaining agreement or memorandum of understanding between the City and a recognized employee organization, or concerning a proceeding before the Civil Service Commission; (h) any communication concerning management decisions regarding the working conditions of represented employees that clearly relate to the terms of collective bargaining agreements or memoranda of understanding pursuant to (g) above; (i) solely responding to questions from any City Official, or providing oral or written information in response to a subpoena or as otherwise compelled by law; (j) solely appearing as a speaker at, or providing written statements that become part of the record of, a public hearing; (k) any direct response to an enforcement proceeding with the City. (l) the provision of purely technical data or analysis to a City Official by an expert, so long as the expert does not otherwise engage in direct communication for the purpose of influencing a municipal decision. This subsection is intended to be interpreted in a manner consistent with title 2, section 18239(d)(3)(A) of the California Code of Regulations. (m) the publishing of any information on an Internet website that is accessible to the general public.

(Amended 11-8-1999 by O-18705 N.S.) (Amended 8-3-2007 by O-19656 N.S.; effective 1-1-2008.)