Item 22: Code of Ethics- Lobbying

[COSM_Admin]

Consider approval of Ordinance 2022-72, on the first of two readings, amending Chapter 2, Administration, Article 5, Code of Ethics, by adding a new Division 5, requiring registration of lobbyists and periodic reporting of contacts made by lobbyists with elected city officials; establishing penalties for violations of this ordinance; providing certain exemptions from lobbying registration and reporting requirements; providing a savings clause; providing for the repeal of any conflicting provisions; and providing an effective date.

 

[MBaker]

Will the public lobbying reports include emails that are sent to Councilmembers/all of Council?

Also, it looks like Staff is responsible to catch lobbyists that have failed to register and become the enforcer of this policy by stopping the progress of their projects. Who among staff becomes the trigger and enforcer for this on behalf of Council members that are being lobbied?

 

[JHughson]

Notations and planned amendments. No response needed by staff; this is just notification to city council and public.
In Sec 2.473 Lobbyist Registration and Activity Reporting Requirements
Subsection (a) Registration Required
Item (1) Full name, telephone number, permanent address, and nature of the business for: (lettered list follows)
Missing (2). Has (3) and (4). Nothing has changed from the previous document. There were 3 items before, numbered 1, 2, 3.
Proposed Amendment:
(3) A list of any positions held by the lobbyist or its agents or employees as an official or employee of the City, as those terms are defined by the San Marcos Code of Ethics, during the past two (2) years.
Renumber “(3)” to “(2)”
(4) If the lobbyist or an agent or employee is a former City official or employee, a statement that the lobbyist's lobbying activities have not violated and will not foreseeably violate former City officials and employees of the Ethics Code.
Renumber “(4)” to “(3)”
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In Sec. 2.473. Lobbyist Registration and Activity Reporting Requirements
Section (d) Activity reports
“ …These activity reports shall then be made available to the public by the City Clerk’s office, which will have two weeks to process and post reports….”
Per my amendment Feb 15, 2022 and accepted by the council, this was to be changed to ”within 15 business days.” I think this just got missed by the ERC.
Proposed Amendment:
Replace “which will have two weeks to process and post reports.“ with ”within 15 business days.”
Which would then read
“These activity reports shall then be made available to the public by the City Clerk’s office, within 15 business days.”
I am concerned that if reports are submitted Dec 20 or just before another major holiday, that doesn’t actually give the clerk enough business days to process and post them.
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In Sec. 2.476. Complaints, review and hearings; sanctions for violations
Subsection (d) In addition to the sanctions listed in Section 2.444, subsection (e), if the Ethics Review Commission determines at the conclusion of a hearing that a violation of Section 2.475 has occurred, it may also impose or recommend:
Item 3. Suspension of any city business brought before the city or currently being processed by the registered lobbyists or the people or entities they represent.
“City Business” was to be changed to “matter” per ERC review (opposition to my amendment to just remove the word “city” and this was their suggestion) and the change was missed in this document
Proposed Amendment:
Replace “city business” with “matter” to read
“3. Suspension of any matter brought before the city or currently being processed by the registered lobbyists or the people or entities they represent.”