§ 2-62 — Definitions

Sec. 2-62. - Definitions.

As used in division 5 (lobbyists), 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; deputy 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; compliance auditor; assistant to city council; assistants to city council, including contract personnel; assistant to mayor; assistants to the mayor, including contract personnel; executive secretaries; public utilities supervisor; members of bid committees; members of the historic and design review commission; zoning commission; and members of any 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 (lobbyists), 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 (quarterly activity reports). (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 (definitions). (f) Immediate family means a spouse and dependent children. (g) Knowingly has the same meaning as in section 2-42 (definitions). (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 their 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, their spouse, or their minor children. (j) Lobbying firm means: (1) A self-employed lobbyist, or (2) A person that has one (1) 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 (persons required to register as lobbyists).

(Ord. No. 2013-05-09-0317, § 2(Att. B), 5-9-13; Ord. No. 2024-05-02-0274, § 1(Att. A), 5-2-24)