Professional and Business Exemptions
There are some circumstances in which an individual may not qualify as a contact lobbyist, even if they are making contacts to influence a local legislative or administrative action.
- The lobbyist ordinance is not intended to regulate attorneys engaged in the practice of law under the California State Bar Act.
- An individual is not a contact lobbyist if that individual is lobbying on behalf of a business of which the individual owns a 20% or greater share.
- An individual is also not a contact lobbyist if they are paid by a federal, state or local government agency to contact an officer. However, this exemption does not apply to government employees making contacts on behalf of a non-governmental employer or client.
Contacts Which Don’t Qualify a Person as a Lobbyist
Some contacts do not determine whether an individual qualifies as a contact lobbyist, but must be disclosed if performed by a registered contact lobbyist. These contacts include:
- A person providing oral information to an Officer of the City and County in response to an oral or written request made by that officer;
- A person making an oral or written request for the status of an action; or
- A person participating in a public interested persons meeting, workshop, or other forum convened by a city agency or department for the purpose of soliciting public input.
Not Contacts
The following activities/communications are not contacts:
Media
A representative of a news media organization gathering news and information or disseminating the same to the public, even if the organization, in the ordinary course of business, publishes news items, editorials or other commentary, or paid advertisements, that urge action upon local legislative or administrative matters.
Public Record/Public Hearing
A person providing oral or written testimony that becomes part of the record of a public hearing; provided, however, that if the Person making the appearance or providing testimony has already qualified as a Contact Lobbyists under this Chapter and is appearing or testifying on behalf of a Client, the Contact Lobbyist’s testimony shall identify the Client on whose behalf the Contact Lobbyists is appearing or testifying.
Architect or Engineer
A person performing a duty or service that can be performed only by an architect or a professional engineer licensed to practice in the State of California.
Public Speech/Mass Communication
A person making a speech or producing any publication or other material that is distributed and made available to the public, through radio, television, cable television, or other medium of mass communication.
Written Public Record
A person providing written information in response to an oral or written request made by an Officers of the City and County, provided that the written information is a public record available for public review.
Subpoena/Compelled
A person providing oral or written information pursuant to a subpoena, or otherwise compelled by law or regulation.
Petition Public Record
A person submitting a written petition for Local legislative or administrative action, provided that the petition is a public record available for public review.
Scheduling Meeting
A person making an oral or written request for a meeting, or any other similar administrative request, if the request does not include an attempt to influence local legislative or administrative action.
Established Real Property Procedure
A person appearing before an Officer of the City and County pursuant to any procedure established by law or regulation for levying an assessment against real property for the construction or maintenance of an improvement.
Subject Matter Expert
A person providing purely technical data, analysis, or expertise in the presence of a Contact Lobbyists.
Distributing Published Material
A person distributing to any Officer of the City and County any regularly published newsletter or other periodical which is not primarily directed at influencing local legislative or administrative action.
Members Organizations
A person disseminating information or material on behalf of an organization or entity to all or a significant segment of the organization’s or entity’s employees or members.
Representative in Administrative Adjudicatory Proceeding
A person appearing as a party or a representative of a party in an administrative adjudicatory proceeding before a city agency or department.
Labor Union
A person communicating, on behalf of a labor union representing city employees, regarding the establishment, amendment, or interpretation of a collective bargaining agreement or memorandum of understanding with the city, or communicating about a management decision regarding the working conditions of employees represented by a collective bargaining agreement or a memorandum of understanding with the city;
Communications regarding a legislative or administrative matter other than the working conditions of employees represented by a collective bargaining agreement or memorandum of understanding
RFP/RFQ/Conditional Contracting
A party or prospective party to a contract providing oral or written information in response to a request for proposals, request for qualifications, or other similar request, provided that the information is directed to the department or official specifically designated in the request to receive such information; negotiating the terms of the contract with the city after being selected to enter into the contract; or communicating in connection with the administration of an existing contract between the party and the city. For the purposes of this subsection:
- Party Agent and Exemption – A party or prospective party includes that party’s officers or employees; a subcontractor listed in the contract, bid, or proposal; or that subcontractor’s officers or employees. A party or prospective party does not include any other agent or associate, including any outside consultant or independent contractor.
- Contract Communications – Communication in connection with the administration of an existing contract includes, but is not limited to, communication regarding: insurance and bonding; contract performance and/or default; requests for in-scope change orders; legislative mandates imposed on contractors by the city and county; payments and invoicing; personnel changes; prevailing wage verification; liquidated damages and other penalties for breach of contract; audits; assignments; and subcontracting. Communication in connection with the administration of an existing contract does not include communication regarding new contracts, or out-of-scope change orders
Nonprofit Exemption
An officer or employee of a nonprofit organization or an organization fiscally sponsored by such a nonprofit organization communicating on behalf of their organization. For purposes of this subsection only, nonprofit organization means either:
- 501(c)(3) – An organization with tax exempt status under 26 United States Code Section 501(c)(3), or
- Limited 501(c)(4) An organization with tax exempt status under 26 United States Code Section 501(c)(4) whose most recent federal tax filing included an IRS Form 990-N or an IRS Form 990-EZ, or
- IRS Form 990-N/EZ – An organization whose next federal tax filing is reasonably likely to include an IRS Form 990-N or an IRS Form 990-EZ.