Title
Amend Phoenix City Code Chapter 2, Article XXX, Sections 2-1000 and Following (Lobbyists) to Provide, in part, an Enforcement Process, to Expand the Definition of City Official, and to Provide Sanctions (Ordinance G-6324)
Description
Request to adopt a G-Ordinance that amends Phoenix City Code Chapter 2, Article XXX, Sections 2-1000 and following (Lobbyists) to provide, in part, an enforcement process, to expand the definition of City official, and to provide sanctions.
Report
Summary
Current Law
Phoenix City Code Sections 2-1000 through 2-1005 currently govern lobbyists. These sections define lobbying and lobbyist. The code requires a lobbyist to register annually with the City Clerk's Office before, but not later than five days after, first lobbying. The code also requires lobbyists to report expenditures quarterly.
Proposed Changes
On May 10, 2017, the Public Safety and Veterans Subcommittee provided input and recommended changes to the lobbying ordinance. The Mayor and full City Council provided additional input and direction at the May 23, 2017 Policy meeting. These changes are included in the proposed amendments and additions to the lobbying ordinance as follows:
• Provide interim enforcement through the City Attorney’s Office and ultimately through the Ethics Commission, when formed.
• Expand the definition of “City Official” to include persons who serve in an administrative capacity in the offices of the Mayor and City Council, members of boards, committees, and commissions, the City Manager and executive staff, and City department heads.
• Provide a definition for “compensation.”
• Expand the definition of “expenditure.”
• Clarify that “lobbying” as addressed in this ordinance pertains to a person acting as a lobbyist.
• Require that a lobbyist disclose that he or she is acting in the capacity of a lobbyist when communicating with a City official.
• Provide a “cure notice” to encourage compliance and transparency.
• Include date changes for filing and electronic registration to comport with updated procedures being implemented by the City Clerk’s Office.
• Provide sanctions for first, second, and third offenses including minimum and maximum fines, and a prohibition against lobbying.
• Provide for a one-year period to report alleged violations of the ordinance.
• Other definitional and technical changes are included to enhance the readability of the ordinance. These changes are delineated in the attached draft ordinance.
Concurrence/Previous Council Action
This item was heard at the May 10, 2017 Public Safety and Veterans Subcommittee meeting and at the May 23, 2017 Policy meeting.
Location
Citywide
Department
Responsible Department
This item is submitted by Assistant City Manager Milton Dohoney, Jr. and the Law Department.