§ 4-8-2. DEFINITIONS.

In this chapter:

(1)

APPEALABLE means a decision or action that is capable of being appealed to the city council or a city board, whether it is actually appealed or not. It does not include a decision or action that can be appealed only to city staff.

(2)

CITY OFFICIAL means:

(a)

the mayor, or mayor-elect;

(b)

a council member, or council member-elect;

(c)

a City employee, other than a City employee whose duties are solely clerical; or

(d)

a member of a City board or of a body created by the council and listed by the city clerk under § 2-1-3(C) ( Boards Established ).

(3)

CLIENT means a person who compensates or reimburses another person to lobby.

(4)

COMMUNICATE DIRECTLY WITH or any variation of the phrase means contact in person or by telephone; written communication, electronic or otherwise; or direct contact through any other electronic means of communication.

(5)

COMPENSATION means money, another thing of value, or a financial benefit that is received or is to be received in return for, or in connection with, services rendered or to be rendered.

(6)

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 the contract, promise, or agreement is legally enforceable.

(7)

GIFT means a payment, subscription, advance, forbearance, rendering or deposit of money, services, or anything of value, unless consideration of equal or greater value is received. Gift does not include:

(a)

a political contribution reported as required by law;

(b)

a commercially reasonable loan made in the ordinary course of business;

(c)

an ordinary social contact;

(d)

an ordinary business meeting, including a meal; or

(e)

a gift received from the beneficiary's relative within the third degree of consanguinity or affinity, or from a person living in the beneficiary's household.

(8)

LOBBY means to communicate directly with a City official to influence or persuade the City official to favor or oppose, recommend or not recommend, vote for or against, or to take action or refrain from taking action on a municipal question. For purposes of the registration thresholds in Section 4-8-3 ( Registration Requirement ) "lobby" includes preparation to lobby by a person communicating directly.

(9)

LOBBYIST means a person who lobbies.

(10)

MUNICIPAL QUESTION means the proposal of, consideration of, approval of, or negotiations concerning municipal legislation, an administrative action, or another matter that is, or may in the future be, subject to an action or decision by a City official.

(a)

"Municipal question" includes, without limitation:

(i)

possible action, including a recommendation, on a proposed ordinance, resolution, or other action pending before the council, a council committee, or a City board or task force;

(ii)

a matter that is appealable to a City board or to the council;

(iii)

a recommendation, report, regulation, policy, nomination, appointment, or sanction by or to the council, a council committee or a City board.

(iv)

the development of specifications for, or the award of, a grant or contract for more than $50,000;

(v)

rulemaking under Chapter 1-2 ( Adoption of Rules ); or

(vi)

licensing.

(b)

Unless it is also included in (a), "municipal question" does not include:

(i)

the non-appealable, day-to-day decisions, routine application, administration, and execution of city programs and policies; or

(ii)

routine, non-appealable decisions on permitting, platting, and design approval matters in connection with a specific project or development; or

(iii)

a technical building decision on a specific project, whether appealable or not, under Chapter 25-12 ( Technical Codes ).

(11)

PERSON has the meaning assigned by § 1-1-2 ( General Definitions ), except that it does not include a government or governmental subdivision or agency.

(12)

REGISTRANT means a person required to register under § 4-8-3 ( Registration Requirement ).

(13)

SUBSTANTIAL ECONOMIC INTEREST means holding stock, shares, or an ownership interest worth $5,000 or more, or the ownership of five percent or more, of any business association, or other legal entity, that is not publicly traded.

Source: Ord. No. 20160922-005, Pt. 1, 6-1-17 .

Editor's note

Ordinance No. 20160922-005 takes effect on June 1, 2017.