AGENDA CAPTION:
Title
Hold discussion on Chapter 2, Administration, Article 5, Code of Ethics, regarding a new Division 5 that would require registration of lobbyists and periodic reporting of contacts made by lobbyists with elected City officials, City Board and Commission members, and City Employees, and provide direction to the City Manager.
Body
Meeting date: April 5, 2022
Department: City Attorney’s Office
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Prior Council Action: See Background Information, below.
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Background Information:
The City Council has previously discussed and provided direction regarding provisions of an ordinance proposed by the Ethics Review Commission that would require lobbyists to register with the city and require lobbyists as well as city council members, board and commission members, and city staff members to file reports with the city clerk’s office - every other month - regarding any contacts made by lobbyists in an attempt to influence recommendations and decisions on matters of city policy.
The attached ordinance was posted for consideration on second reading at the July 6, 2021 council meeting. On that date, council approved a motion to postpone consideration on second reading until the November 3, 2021 regular meeting.
At the November 3, 2021 regular meeting, Mayor Hughson stated that she had numerous proposed amendments to offer. After some discussion, Second reading was postponed again, until a regular meeting in February of 2022.
Discussions at the City Council level regarding a proposed lobbying ordinance have been held at public meetings held over the course of several years including: 03.20.18 - Work Session; 08.06.18 - Work Shop; 01.15.19 - Work Session; 09.15.20 - Work Session; and the 12.15.20 - Work Session.
The attached ordinance has been formatted in a manner consistent with other provisions of the San Marcos City Code. Highlighted provisions in the attached ordinance were added at council’s direction following the work session held on December 15, 2020. Redlined items reflect wording changes made by the city attorney to provide clarity or to correct grammatical errors in the draft of the document that council discussed last December.
Mayor Hughson prepared both a summary of her proposed amendments to the draft of the lobbying ordinance and a redlined version of the ordinance. Both of those documents are attached and have been posted on the publicly accessible City Council Message Board. The Ethics Review Commission (ERC) met on January 20, 2022 to review and comment on each of Mayor Hughson’s proposed amendments. The ERC’s recommendations are also attached to this Agenda Request Form and have been posted on the City Council Message Board.
The February 15, 2022 council agenda was posted to consider adoption of the lobbying ordinance on second reading. Several amendments to the draft ordinance were made from the dais at that meeting. See attached excerpt from the minutes of that meeting. Council did not complete its consideration of the proposed amendments to the draft ordinance. Council postponed second reading of the ordinance to April 5, 2022. Additional amendments to the draft ordinance, including those previously recommended by Mayor Hughson but not discussed on February 15, 2022, may be discussed at the April 5, 2022 work session.
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Recommendation:
In order to allow sufficient time for lobbyists, city board and commission members, and city staff to understand and comply with the requirements of the lobbying ordinance after it is adopted on second reading, it is recommended that the city council consider adding a provision to specify the date on which it shall become effective.
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