ORDINANCE NO._______________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,

STATE OF CALIFORNIA

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AN ORDINANCE ADDING CHAPTER 2.04 TO THE SAN MATEO COUNTY ORDINANCE CODE REGULATING LOBBYING ACTIVITIES

The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows:

SECTION 1. Chapter 2.04 is added to Title 2 of the San Mateo County Ordinance Code and shall read as follows:

CHAPTER 2.04 LOBBYING ACTIVITIES

2.04.010 INTENT

Frequently, people and organizations are hired to discuss policy with, and lobby County officials. Current law does not require disclosure of this activity. This ordinance will require public disclosure of lobbyist information, facilitating open and transparent governing and fostering greater trust in the activities of County government.

2.04.020 DEFINITIONS

(a)

“Client” means a person, organization, corporation, business or any other entity that uses a “lobbyist” for the purpose of attempting to influence members of the Board of Supervisors and their legislative aides in favor of a specific cause or outcome. Client does not include governmental agencies.

(b)

“Lobby” or “Lobbying” means an attempt to influence members of the Board of Supervisors and their legislative aides in favor of a specific cause or outcome, including: (1) engaging in direct oral or written communication with members of the Board of Supervisors and their legislative aides; (2) producing, drafting or writing ordinances, resolutions, requests for proposals, contracts or memoranda on a particular subject for the purpose of influencing government policy. It does not include solely speaking or presenting at any public meeting on behalf of a “client” for the purpose of influencing government policy through public testimony, including testimony at Board of Supervisors’ meetings and meetings of Board of Supervisors-appointed Boards and Commissions, if the speaker has identified himself or herself and the represented client.

(c)

“Lobbyist”, means a person, organization, corporation or any other entity that is paid by one or more “clients” for any services that include “lobbying”. Lobbyist also includes an employee or member of a business or organization who, as a regular part of his or her employment, lobbies on behalf of that business or organization. Lobbyist does not include employees or agents of governmental agencies.

(d)

“Gift” means anything of value given to another and includes not only tangible items, but also provision of meals, services and favors. Gift does not include any award presented publicly in recognition of professional achievement or in recognition of service to the public. In determining the value of a gift, the fair market value that would be charged in the open market should be considered and not the actual amount paid by the donor.

(e)

“Governmental agency” means any federal, state, county, city, district or other local government agency.

2.04.030 REGISTRATION REQUIREMENTS

(a)

All Lobbyists must register with the County Counsel’s Office within five (5) business days after conducting any Lobbying activity. Lobbyist registration is valid until December 31^st of the year of registration.

(b)

Lobbyist registrations shall be submitted on a form supplied by the County Counsel’s Office. The registration form shall be submitted in the name of the entity or person proposing to lobby and shall be signed by such person or an authorized agent thereof. The form shall contain the following information:

1.

The name, address, and telephone number of the registrant; and

2.

Such other information as the County Counsel or his or her designee determines is necessary for implementation of this Chapter.

(c)

All registered Lobbyists must re-register with the County Counsel’s Office no later than January 15^th of the following year. Applicants re-registering must follow the procedures set forth in subdivision (b) above.

2.04.040 REPORTING REQUIREMENTS

(a)

A registered Lobbyist is required to submit to the County Counsel’s Office a report twice yearly. The reporting periods end on June 30^th and December 31^st and the reports must be lodged within fifteen (15) business days following the end of the reporting period.

(b)

The report shall be submitted on a form supplied by the County Counsel’s Office. The form shall be signed under penalty of perjury by such person or an authorized agent thereof. The report shall contain the following information:

1.

The Lobbyist’s name, the name of Lobbyist’s Business or Employer, the Lobbyist’s Business Address, a statement whether any lobbying activities were conducted during the reporting period, a list of Clients for whom the Lobbyist has lobbied during the reporting period, a brief description of the item, issue or policy each Client has hired the Lobbyist to influence, a brief summary of the Lobbying activities conducted on behalf of each Client and a statement of the amount of compensation received from each Client for Lobbying activities; and

2.

Any gift knowingly given to any member of the Board of Supervisors or any legislative aide to a member of the Board of Supervisors during the reporting period that was not offered to the public generally; and

3.

Such other information as the County Counsel or his or her designee determines is necessary for implementation of this Chapter.

2.04.050 FEES

A Lobbyist registration fee in an amount set by resolution shall be paid at the time of registration and any subsequent re-registration.

2.04.060 PROHIBITIONS

(a)

No Lobbyist shall intentionally deceive any elected official as to any material fact related to a pending or proposed legislative action or policy decision.

(b)

No Lobbyist shall cause any communication to be sent to any member of the Board of Supervisors or their legislative aides without including in that communication the name of the Lobbyist and the identity of the Lobbyist’s client.

(c)

No Lobbyist shall engage in Lobbying activity without having satisfied all registration and reporting requirements, and payment of registration fees as set forth in this Chapter.

2.04.070 MISDEMEANOR

Any person who violates the provisions of section 2.04.060 of this ordinance shall be guilty of a misdemeanor.

2.04.080 SEVERABILITY

If any provision of this chapter or application thereof to any person or circumstances is held invalid, this invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable. This chapter shall be liberally construed to achieve the purposes of this chapter and to preserve its validity.

SECTION 2. This Ordinance shall be effective January 1, 2008.

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