Definitions
San Diego Municipal Code § 27.3503
in effect§27.3503 Definitions
Each word or phrase that is defined in this Division appears in the text of this Division in italicized letters. Except as otherwise provided herein, the terms and provisions of this Division shall have the meanings and shall be interpreted in accordance with the applicable definitions and provisions of the Political Reform Act of 1974, as amended (California Government Code sections 81000 through 91014) and the regulations of the California Fair Political Practices Commission, as amended. For purposes of this Division, the following definitions shall apply:
Benefit means any honorarium, gift, travel expense , or loan made to, or in the interest of, an individual or a member of the individual’s immediate family.
Campaign Control Ordinance means the San Diego Municipal Election Campaign Control Ordinance, codified at Chapter 2, Article 7, Chapter 29 of the San Diego Municipal Code.
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 includes:
(a) any elected or appointed City officeholder, including any City officeholder elected but not yet sworn in; and
(b) any City Board member; and
(c) any employee of the City, except for classified employees as that term is defined in San Diego Charter section 117, who is required to file a statement of economic interests pursuant to the California Political Reform Act of 1974, as amended; and
(d) City Council members acting in their capacity as Housing Authority and Redevelopment Agency officers; and
(e) any consultants of the City who are required to file a statement of economic interests pursuant to the California Political Reform Act of 1974, as amended.
Compensation means the receipt of any monetary or non-monetary payment, except a stipend paid to a board member of a public non-profit corporation to which the City is the sole member, for the services or time of a person. Compensation includes, but is not limited to, salary, wages, fees, and any discount or economic opportunity not made available in the regular course of business to members of the public.
Confidential information means information to which any of the following apply:
(a) At the time of the use or disclosure of the information, the disclosure is prohibited by a statute, regulation, or rule which applies to the City; or
(b) the information is not general public knowledge and will have, or could reasonably be expected to have, a material financial effect on any source of income, investment, or interest in the real property of a City Official; or
(c) the information pertains to pending contract, labor, or real property negotiations and disclosing the information could reasonably be expected to compromise the bargaining position of the City; or
(d) the information pertains to pending or anticipated litigation and disclosing the information could reasonably be expected to compromise the ability of the City to successfully defend, prevail in, or resolve the litigation.
Direct Communication means:
(a) talking to a person, either by telephone or in person; or
(b) corresponding with a person, either in writing, by electronic transmission, or by facsimile machine.
Direct Communication does not include:
(a) solely responding to questions from any City Official; or
(b) a direct response to an enforcement proceeding with the City.
Doing business with the City means entering into or performing pursuant to a contract with the City. Doing business with the City includes soliciting, entering into, or performing contracts for goods, equipment, services or financial assistance but does not include the receipt of or payment for services normally rendered by the City to residents and businesses such as sewer service, water service, street maintenance, and similar services.
Ethics Commission means the City of San Diego Ethics Commission created by City of San Diego Ordinance O-18945, codified in Chapter 2, Article 6, Division 4, of the San Diego Municipal Code.
Filer means a High Level Filer or a Local Code Filer.
Filing Officer means the Clerk of the City of San Diego charged with the duties and responsibilities prescribed in title 2, sections 18110 and 18115 of the California Code of Regulations.
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. The value of a gift shall be as determined by title 2, section 18946 of the California Code of Regulations.
High Level Filer means the Mayor, the members of the City Council, the City Attorney, the City Manager (Chief Operating Officer), the City Treasurer, the City Comptroller, the Chief Financial Officer, the Chief Investment Officer, Investment Officers, members of the Planning Commission, members of the Funds Commission, members of the Retirement Board, members of the Defined Contribution Plan Board, any candidate for an elective office of the City, and any other individual whose position is specified in California Government Code section 87200.
Honorarium means any payment made in consideration for any speech given, article published, or attendance at any public or private conference, convention, meeting, social event, meal, or like gathering.
(a) A “speech given” means a public address, oration, or other form of oral presentation, including participation in a panel, seminar, or debate.
(b) An “article published” means a nonfictional written work:
(1) that is produced in connection with any activity other than the practice of a bona fide business, trade, or profession; and
(2) that is published in a periodical, journal, newspaper, newsletter, magazine, pamphlet, or similar publication.
(c) “Attendance” means being present during, making an appearance at, or serving as host or master of ceremonies for any public or private conference, convention, meeting, social event, meal, or like gathering.
Immediate family means an individual’s spouse and 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, participating in, or seeking to modify or delay such action. Influencing a municipal decision also includes providing information, statistics, analysis or studies to a City Official.
Loan means the temporary transfer of money or goods for the personal use of an individual with the expectation that the money or goods will be returned.
Lobbying means Direct Communication with a City Official for the purpose of influencing a municipal decision on behalf of any other person.
Lobbying firm means any entity defined as a “lobbying firm” in San Diego Municipal Code section 27.4002.
Lobbyist means any individual defined as a “lobbyist” in San Diego Municipal Code section 27.4002.
Local Code Filer means any City Board member, any consultant, and any employee of the City, except for classified employees, who is required to file a statement of economic interests pursuant to a conflict of interest code adopted by the City Council.
Ministerial act means an act that does not require a City Official to exercise discretion concerning any outcome or course of action.
Municipal decision means any governmental decision that is not a ministerial act.
Organization lobbyist means any entity defined as an “organization lobbyist” in San Diego Municipal Code section 27.4002.
Party means any person who files an application for, or is the subject of, or participates in a municipal decision.
Payment means a distribution, transfer, loan, advance, deposit, or other rendering of money, property, services, or anything else of value, whether tangible or intangible.
Pecuniary Gain means any monetary benefit to a person or to a member of the person’s immediate family.
Person means any individual, business entity, trust, corporation, association, committee, or any other organization or group of persons acting in concert.
Private business means any organization, partnership, corporation, or entity that is not a Public Agency.
Public Agency means 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.
Public Hearing means any meeting as defined by the Ralph M. Brown Act where a public record is kept of who spoke and who was represented by a Lobbyist testifying at that hearing.
Restricted source includes:
(a) a lobbyist, lobbying firm, or organization lobbyist, seeking to influence a municipal decision;
(b) a person doing business with the City; and
(c) a person who, during the reporting period, directly communicated with a City Official pertaining to a municipal decision which would have a material financial effect on such person; or
(d) a person who is a party to a municipal decision which within the prior nine months was pending before the City Official, and for nine months following the date a final decision is rendered in the proceeding.
A restricted source does not include an individual (other than a lobbyist) who is employed by a restricted source.
Travel expenses means reasonable payments, advances, or reimbursements for travel, including actual transportation and related lodging, food, and beverages.
(“Definitions” added 4-29-2002 by O-19055 N.S.)
(Amended 12-5-2005 by O-19448 N.S; effective 1-11-2006.)
(Amended 9-19-2006 by O-19538 N.S.; effective 10-19-2006.)
(Amended 8-3-2007 by O-19656 N.S. effective 1-1-2008)
(Amended 10-15-2013 by O-20302 N.S.; effective 11-14-2013.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art07Division35.pdf#page=1Fetched: 10/28/2026