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This Frequently Asked Questions page contains answers to many of the questions that the Ethics Commission has received since the adoption of the City’s new Lobbying Ordinance. For more information concerning the Lobbying Ordinance, please visit the Lobbyist portion of our website or refer to our lobbying-related Fact Sheets.
Can my firm or organization register as a lobbying entity before it is required to?
Yes. A firm may register as a Lobbying Firm before it has a single compensated lobbying contact, and a company or organization may register as an Organization Lobbyist before it has 10 contacts within a 60 day period. Keep in mind that by registering, the entity is committing to filing quarterly reports for the entire year (unless it officially terminates).
Are labor organizations exempt from the Lobbying Ordinance?
No. Although such organizations are not exempt, many of their activities may fall within one of several potentially applicable exemptions. Activities that involve establishing a memorandum of understanding [MOU] between the City and an employee organization (i.e., meet and confer negotiations) or the administration of that MOU are exempt, as are Civil Service Commission proceedings and communications regarding working conditions that relate to the MOU. On the other hand, seeking to influence decisions unrelated to the above exemptions (e.g., how to spend TOT funds), would be subject to the Lobbying Ordinance.
Am I lobbying if the discussion involves a County or Port matter?
The City’s Lobbying Ordinance is limited to “City” decisions, i.e., it applies only to decisions that concern the City of San Diego and its agencies (Centre City Development Corporation; San Diego Convention Center Corporation; San Diego Data Processing Corporation; Southeast Development Corporation; and the San Diego Housing Commission). So generally, the Lobbying Ordinance will not apply to County or Port matters. There may be instances, however, where the City or a City agency will make a decision regarding a County or Port matter. Contacts you have with “City Officials” concerning such matters will be subject to the Lobbying Ordinance.
Who is considered a “City Official” for purposes of the Lobbying Ordinance?
The term “City Official” is defined to include any of the following officers or employees of the City, which includes all City agencies, who hold one of the following positions: elected officeholder; Council staff member; Council Committee Consultant; Council Representative; Assistant City Attorney; Deputy City Attorney; General Counsel; Chief; Assistant Chief; Deputy Chief; Assistant Deputy Chief; City Manager; Assistant City Manager; Deputy City Manager; Management Assistant to City Manager; Treasurer; Auditor and Comptroller; Independent Budget Analyst; Budget/Legislative Analyst; Financial Operations Manager; City Clerk; Labor Relations Manager; Retirement Administrator; Director; Assistant Director; Deputy Director; Assistant Deputy Director; Chief Executive Officer; Chief Operating Officer; Chief Financial Officer; President; and Vice-President. City Official also means any member of a City commission, board, or committee whose members are required to file a statement of economic interests pursuant to the California Political Reform Act. A list of these entities is posted on the Ethics Commission’s website.
Am I lobbying if my communications with City Officials are limited to negotiations concerning an existing contract?
If the contact involves trying to enter into a new agreement with the City or to convince the City to extend an existing contract, then it is subject to disclosure under the Lobbying Ordinance. On the other hand, if the City and your organization or client has an existing contract and the contact with a City Official is for the purpose of working out the details of that contract, then it would not be lobbying, and such contacts would be exempt. Thus, the answer depends on whether or not your organization or client has already been awarded the contract or if, on the other hand, it is seeking a new contract or extending an existing contract (for purposes of the Lobbying Ordinance, extending an existing contract is no different than entering a new contract).
If I contact a City Official simply to set up a meeting, is that lobbying?
A communication with a City Official solely for the purpose of scheduling a meeting is a ministerial action, and would not be considered a lobbying contact. (The meeting itself will constitute a lobbying contact if you attempt to influence a municipal decision during the meeting.) An initial communication to set up a meeting is not a lobbying contact unless it evolves into an effort to try to influence a City decision.
Are 501(c)(3) organizations exempt from the Lobbying Ordinance?
No. Any organization, including a non-profit organization, that pays its officers or employees to have 10 or more lobbying contacts with City Officials within a 60 day period must register as an Organization Lobbyist.
If two employees of my organization meet with one City Official for lobbying purposes, is that 1 contact or 2?
It is 1 contact. Each meeting to lobby one City Official with regard to one municipal decision counts as one contact regardless of the number of individuals from your organization who are present at the meeting.
If my company is an Organization Lobbyist and also hires a firm to lobby the City, do I report that firm on my disclosure statements?
No. In such a situation, your company is both an Organization Lobbyist and the “client” of a Lobbying Firm. Your company does not need to report anything in its capacity as a “client.” Note that the firm your company hires will be required to register as a Lobbying Firm and will report on its disclosure statements the lobbying that it does on behalf of your company.
Do I report the lobbying done by uncompensated officers of my organization?
Although lobbying contacts by an organization’s uncompensated officers (e.g., uncompensated members of an organization’s Board of Directors) do not count towards the “10 contacts in 60 days” registration threshold for Organization Lobbyists, you should still keep track of those contacts. If the organization ultimately registers after reaching the 10 contacts threshold (without counting the contacts by uncompensated officers), it will identify on its Registration Form the number of all lobbying contacts made by owners, officers (including uncompensated officers), and employees during the preceding 60 days. In addition, when filing its Quarterly Disclosure Reports, an Organization Lobbyist must identify the municipal decisions it sought to influence during the quarter, and in so doing will identify the owners, officers (including uncompensated officers), and employees of the organization who lobbied in an attempt to influence those decisions. It will also have to disclose the total number of contacts made by the owners, officers, and employees of the company.
I am a volunteer member of a non-profit entity that is registered as an Organization Lobbyist, and I serve on one of the entity’s committees. Am I an “officer” of the entity?
No. For purposes of the Lobbying Ordinance, you would not be considered an “officer” unless you served on the organization’s Board of Directors or otherwise held a high-ranking title, such as President, Vice-President, Executive Director, etc.
I am an unpaid volunteer for an organization. I am not an officer of the organization. Are my lobbying contacts regulated by the Lobbying Ordinance?
No. Under the Lobbying Ordinance, any communications you have with City Officials will not count as a “contact” and any campaign-related activities you engage in will not need to be disclosed.
If a City Official is present at an organization’s committee meeting or membership meeting and a municipal decision is discussed at that meeting, does that count as a lobbying contact?
Yes. If a City Official is present at a meeting, and if one of the organization’s owners, officers, or lobbyists makes a comment during the meeting for the purpose of attempting to influence a particular municipal decision, then that comment would be considered a lobbying contact.
I will be involved in a roundtable discussion with a City Official on a number of topics. Does each topic discussed count as a separate contact?
If each separate topic pertains to a separate “municipal decision,” and you are communicating with the City Official regarding each topic for the purpose of influencing the decision, then each discussion on a particular topic will count as a separate contact. Keep in mind that not every City decision is a “municipal decision” under the Lobbying Ordinance; for example, asking the City Official to fill the potholes in front of your organization’s building is not a “municipal decision.”
I sent an email to one City Official, who forwarded it to another City Official. How many contacts did I make?
You made only 1 contact. The fact that a City Official forwarded it to other City Officials does not alter the fact that you were engaging in a direct communication with only one City Official. The first City Official could have forwarded the email to 20 other City Officials and it still would be only 1 contact.
I provided a City Official with a policy analysis that does not take a specific stance (support or opposition) to a municipal decision. Did I make a lobbying contact?
Providing that information to a City Official is a lobbying contact if it is for the purpose of influencing a municipal decision. One needn’t advocate for one side or another to influence a decision. Providing information, statistics, analysis, or studies to a City Official is considered a contact if it could affect the decision.
I am employed by an Organization Lobbyist. In addition, I serve on the Board of Directors for a different entity, which is also an Organization Lobbyist. If I have a meeting with a City Official, do both organizations have to report my lobbying contact?
Not unless the contact is on behalf of both organizations. If you represent to the City Official that you are communicating on behalf of just one of the organizations, then only that organization must disclose your lobbying efforts.
If I contact a City Official on a general municipal issue (e.g., revenue shortfall in the budget), does that count as a lobbying contact?
It depends. If your communication may reasonably be considered an effort to get a municipal decision underway (e.g., getting the City Council to adopt an ordinance to reverse the budget shortfall, to prevent future shortfalls, etc.), then it is a contact even though there is no decision docketed when the communication is made. On the other hand, if the communication is not reasonably likely to lead to a municipal decision, then it is not a contact.
If I contact a City Official to inquire about the status of a project, am I making a lobbying contact?
Merely seeking information is not a contact (unless the request for information is a disguised attempt to influence a decision). For example, asking a City Official this question is not a lobbying contact: “Has the City Council voted yet on the Sunstreet project?” On the other hand, this question is a lobbying contact: “Has the City Council voted yet on the Sunstreet project that will leave 100 low income residents with no place to live?”
My firm represents an association that has 50 members. Do I need to disclose all 50 members as “clients” on my firm’s Registration Form?
You do not need to disclose the name of an individual member on the Registration Form unless that member paid $1,000 or more for lobbying on a specific municipal decision. Under the Lobbying Ordinance’s “coalition” rule, membership fees or dues will not count towards the $1,000 threshold unless it is clear that the member paid, or agreed to pay, some or all of those fees or dues for lobbying on a specific municipal decision.
I did not disclose a client on my Registration Form because I wasn’t lobbying the City on its behalf. Months later, I now find that I will be lobbying the City for that client. What should I do?
You must amend your Registration Form within 10 days of assuming the new duties for this client. Fill out a new Registration Form, check the box on the cover sheet for “amendment,” and report the required information regarding this client on Schedule B.
Do I have to disclose my 2007 campaign contributions to a City candidate?
No. You will not have to disclose on any lobbying statements the contributions you made in 2007 to a City candidate. Going forward, however, if you are an owner, officer, or lobbyist of a Lobbying Firm, or if you are an owner, compensated officer, or lobbyist of an Organization Lobbyist, and you make a campaign contribution of $100 or more to a City candidate in 2008 or thereafter, your firm or organization will report the contribution on the Quarterly Disclosure Report for the quarter in which you made the contribution.
How long do I have to disclose my 2007 fundraising activities?
If you are an owner, officer, or lobbyist of a Lobbying Firm, or you are an owner, compensated officer, or lobbyist of an Organization Lobbyist, then your 2007 fundraising activities must be identified on your 2008 Registration Form. Those fundraising activities will also have to be identified on your 2009 Registration Form if they took place within two years of the date your firm or organization files its Registration Form. For example, if you engaged in fundraising activity in June of 2007, and file your 2009 Registration Form in January of 2009, then the fundraising will have to be reported on the Registration Form.
My firm has offices throughout California and in several other states. Do I have to keep track of the campaign activities of all of the firm’s partners?
The Lobbying Ordinance requires the disclosure of fundraising activities and contributions by any owner, officer, and lobbyist of a Lobbying Firm. This requirement applies to the firm’s equity partners regardless of where they are located. In the event that an out-of-town equity partner engages in fundraising activities for a San Diego candidate or makes a campaign contribution to a San Diego candidate, such activities will have to be reported on the firm’s disclosure statements.
Do campaign contributions need to be reported on a Registration Form?
No. Campaign contributions are reported only on the Quarterly Disclosure Report, and only if the contributions were made during the quarter covered by that report. This requirement is different from the “fundraising activities” disclosure, for which relevant information must be reported on the Registration Form and the Quarterly Disclosure Report.
I am an uncompensated officer of an organization lobbyist. I also lobby City Officials on behalf of my organization. Are my campaign activities reportable?
Yes. Although most uncompensated officers are exempt from disclosing their fundraising activities and campaign contributions, an uncompensated officer who is also a lobbyist must disclose his or her campaign activites on the organization's Registration Form and Quarterly Disclosure Report. In other words, because you are contacting City Officials on behalf of your organization for the purpose of influencing City decisions, your campaign activities are subject to disclosure, regardless of the fact that you are also an uncompensated officer of that organization.
I am a partner in a Lobbying Firm. I also have my own business providing professional fundraising services directly to candidate committees. Does the Lobbying Firm need to disclose my professional fundraising services?
Yes, but keep in mind that the disclosure will be made as "campaign services," not "fundraising activities." In other words, the Lobbying Firm will disclose on its Registration Form (Schedule C - Part 2) the compensated campaign services you provided to elected City Officials within the previous two years, and disclose on its Quarterly Disclosure Report (Schedule F) the compensated campaign services you provided to candidate-controlled committees during the quarter. On the other hand, even though your services are related to fundraising, they are not "fundraising activities" for purposes of the Lobbying Ordinance. The Lobbying Firm, therefore, is not required to disclose your professional fundraising services on Schedule C - Part 1 of its Registration Form or on Schedule E of its Quarterly Disclosure Report.
Does the $10 per month gift limit apply to each lobbyist in a Lobbying Firm or Organization Lobbyist, or does it apply to all the lobbyists collectively?
The $10 gift limit is an aggregate limit. It applies to the total value of all gifts from the lobbying entity and all the lobbyists in that entity. For example, two lobbyists in the same Lobbying Firm may not both purchase $10 meals for the same City Official in the same month.
May a lobbyist invite a City Official to a social event, such as an annual dinner or a gala event?
It depends. Lobbyists, Lobbying Firms, and Organization Lobbyists are subject to the $10 per month dollar limits with regard to the value of gifts they give to City Officials. There is an exemption, however, for events that are held for non-profit entities. Because of this exemption, a lobbyist, Lobbying Firm, or Organization Lobbyist may provide a City Official with admission to any event held for a non-profit entity without implicating the Lobbying Ordinance’s $10 limit. Note, however, that City Officials are still subject to gift limits and reporting requirements under the Ethics Ordinance.
I know that the state changed some gift rules for tickets to fundraisers for 501(c)(3) organizations. Do these changes impact lobbying entities?
Under the City's Lobbying Ordinance, Lobbying Firms and Organization Lobbyists may still give City Officials tickets to non-profit events without counting the tickets toward the $10 gift threshold or reporting them on a Quarterly Disclosure Report. Under the Ethics Ordinance, however, City Officials who attend such events may be receiving a "gift." Although the state's new rules regarding tickets to fundraising events for 501(c)(3) organizations do not directly impact lobbying entities, these entities should be mindful that such tickets could expose City Officials to gift limit issues and reporting obligations. Contact the Ethics Commission for additional assistance.
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