Austin |
Code of Ordinances |
Title 4. BUSINESS REGULATION AND PERMIT REQUIREMENTS. |
Chapter 4-8. REGULATION OF LOBBYISTS. |
§ 4-8-3. REGISTRATION REQUIREMENT.
(A)
A person must register with the city clerk if the person:
(1)
receives, or is entitled to receive under an agreement under which the person is retained or employed, compensation or reimbursement, not including reimbursement for the person's own travel, food, or lodging expenses or the person's own membership dues, $2,000 or more in a calendar quarter from another person to lobby, regardless of whether the person receives any compensation or reimbursement for lobbying in addition to the person's remuneration for that employment; and
(2)
spends 26 hours or more for which the person is compensated or reimbursed during the calendar quarter lobbying; or
(3)
makes a total expenditure of $500 or more in a calendar quarter, not including the person's own travel, food, or lodging expenses or the person's own membership dues to lobby.
(B)
If a person spends more than eight hours in a single day lobbying, the person is considered to have engaged in the activity for only eight hours during that day for purposes of subsection (A)(2).
(C)
Compensation or reimbursement for lobbying includes compensation or reimbursement that a person receives for preparing to lobby. For example, compensation for preparing to lobby includes, without limitation, compensation received for participation in a strategy session, the review and analysis of municipal legislation or an administrative matter, and research and communication related to a municipal question with the registrant's employer, client, or another person. A person who does not lobby is not required to register because of compensation received for only preparing to do so without directly communicating.
(D)
Compensation or reimbursement for lobbying does not include compensation or reimbursement for the following:
(1)
requesting information, or inquiring only for informational purposes, without seeking to influence or persuade, about a municipal law, ordinance, regulation, rule, policy, practice, or procedure administered by the city;
(2)
preparing or submitting an application or other required written document, without seeking to influence or persuade, that only provides information required by law, ordinance, rule, regulation, order, or subpoena;
(3)
communicating for the purpose of sharing information to demonstrate compliance with an audit, inspection, city investigation, or existing laws, rules, and policies;
(4)
providing, without seeking to influence or persuade, information consisting of facts or data to a city official that the city official specifically requested regarding a municipal question, when the request was not solicited by or on behalf of the person providing the information;
(5)
communicating to a city attorney or a municipal judge concerning litigation or adjudicative proceedings to which the City is a party, or concerning adjudicative proceedings of the City;
(6)
providing testimony, making an appearance, or any other type of communication documented as part of a public record in a proceeding of an adjudicative or judicial nature, including before the Municipal Court, the Ethics Review Commission, and the Municipal Civil Service Commission;
(7)
providing only clerical assistance to another in connection with another person's lobbying or preparation for lobbying;
(8)
realizing financial gain as a result of a determination of a municipal question as to real property that the person in question owns;
(9)
serving as a member of a city board, commission, or task force when the person's communications relate solely and directly to the person's public service on the city entity;
(10)
reimbursement for the person's own travel, food, lodging, or membership dues to communicate with a City official on a municipal question.
(E)
The Ethics Review Commission shall review the thresholds in this section every fourth year, and make a recommendation to council regarding whether the thresholds should be changed to maintain substantially equivalent thresholds, considering the cost of living and other relevant factors.
Source: Ord. No. 20160922-005, Pt. 1, 6-1-17 .
Editor's note
Ordinance No. 20160922-005 takes effect on June 1, 2017.