| - | Do I have to file a quarterly report?
No. Reports are only required to be filed if you have activity that must be reported. | | - | Is a non-profit organization requesting federal grant money from the
city considered to be lobbying if the organization only communicates with city
staff that are not city officials, even though the award of the grant money will
ultimately be decided by city officials? No. Communications with non-city officials do not constitute lobbying
activities. Under Section 12A-29(8)(A) of
the Dallas City Code, lobbying is “any oral or written communication (including
an electronic communication) to a city official made directly or indirectly by any person in an
effort to influence or persuade an official to favor or oppose, recommend or not
recommend, vote for or against, or take or refrain from taking action on any
municipal question.” If, after the application for federal grant money (which is
considered to be a designated public subsidy matter) is posted on a city council
committee agenda or a council agenda, the non-profit organization makes a
lobbying contact with a city council member, then the organization (as the
applicant in the designated public subsidy matter) must file a non-registrant
disclosure statement within five days after the contact. See, Section 12A-34(a) of the Dallas City Code. If the
non-profit organization has a paid lobbyist on staff (who receives compensation
or reimbursement of $200 or more in a calendar quarter for lobbying activities),
and that paid lobbyist communicates with a city official at any time in an
effort to influence or persuade the city official to take favorable action on
the application for federal grant money, then that paid lobbyist would be
required to register as a lobbyist within five days after the start of lobbying
activity for the organization. The non-profit organization would be the client
of the paid lobbyist. See Sections 12A-15.3
and 12A-15.5 of the Dallas City Code. | | - | Is my company (which is a professional consulting firm)
or my employee (who is both a project manager and the person responsible for
making sales calls on municipalities) exempt from the new Dallas lobbyist
registration and reporting requirements since no separate
compensation is received for lobbying activities? Section 12A-15.3(1) and (2) of the Dallas City Code requires a person to
register if the person receives compensation or reimbursement of $200 or more in
a calendar quarter for lobbying. Under Section 12A-15.2(3) of the Dallas City
Code, compensation includes any money, service, facility, or other thing of
value that is received, or is to be received, in return for or in connection
with lobbying services rendered, or to be rendered, including reimbursement of
expenses incurred in lobbying. Compensation does not include a payment made to
any individual regularly employed by a person if the payment ordinarily would be
made regardless of whether the individual engaged in lobbying activities, and
lobbying activities are not part of the individual’s regular responsibilities to
the person making the payment. Therefore, if your company does not receive the
above-described compensation or reimbursement in a calendar quarter for lobbying
a Dallas city official, then it is not required to register as a lobbyist.
Further, if a CEO, board member, or employee of your company lobbies a city
official, but such lobbying is not part of that individual’s regular job
responsibilities and only occurs incidentally, then those individuals do not
have to register as lobbyists.
If you have a staff lobbyist, however,
who lobbies city officials as a regular part of his or her job responsibilities,
regardless of whether the individual holds other responsibilities with the
company and regardless of whether the individual’s compensation for those
lobbying duties are paid for separately or are covered by the individual’s
salary, that individual would have to register as a lobbyist. So if the employee
is regularly assigned by your company to lobby city officials, which means to
communicate with city officials in an effort to influence or persuade them to
favor or oppose, recommend or not recommend, vote for or against, or take or
refrain from taking action on any municipal question [see definition of
“lobbying” in Section 12A-15.2(10)(A)], and the employee receives compensation
or reimbursement of $200 or more in a calendar quarter for those lobbying
activities (even if such compensation is included in a salary that also covers
other job responsibilities), then that employee would be required to register as
a lobbyist and your company would be his or her client. Please note that any
communications the employee has with a city official for the purpose of managing
a project being performed by your company under an existing city contract would
not be considered a lobbying contact that triggers registration
requirements.
Also note that under Section 12A-15.2(12), a municipal question
means a public policy issue of a discretionary nature that is pending before, or
that may be the subject of action by, the city council or any city board or
commission. It includes, but is not limited to, proposed actions or proposals
for action in the form of ordinances, resolutions, motions, recommendations,
reports, regulations, policies, nominations, appointments, sanctions, and bids,
including the adoption of specifications, awards, grants, or contracts. It does
not include the day-to-day application, administration, and execution of city
programs and policies such as permitting, platting, and design approval matters
related to or in connection with a specific project or development. | | - | Are chambers of commerce and nonprofit entities required to comply
with the registration and reporting requirements for lobbyists under Article
III-A, Chapter 12A of the Dallas City Code? Section 12A-15.3 of the Dallas City Code requires a person
who receives compensation or reimbursement of $200 or more in a calendar quarter
for lobbying activities to register as a lobbyist and to report certain
information regarding his or her lobbying activities. Section 12A-15.2(3) (B) of
the city code specifically provides that “compensation” does not include
payments to an individual regularly employed by a person if lobbying activities
are not part of the individual’s regular responsibilities. Thus, compensation
does not include an individual’s regular salary if lobbying is not part of the
individual’s regular job duties. Consequently, the lobbyist registration and
reporting requirements would only apply to an employee of a chamber of commerce
or non-profit entity whose regular job duties consisted of lobbying activities,
or to a chamber of commerce or non-profit entity that has been retained for
lobbying activities and receives compensation or reimbursement of $200 or more
in a calendar quarter for those activities. Persons who engage in occasional or
incidental lobbying activities, but whose regular job responsibilities do not
include lobbying, would not have to comply with the lobbyist registration and
reporting requirements. | | - | If our company sponsors a table at an event and we offer up one of
the seats to the chamber for elected officials, and a council member is seated
at our table, do we need to count that as a meeting? I assume by “meeting,” you are asking if a lobbying contact occurred. A lobbying
contact would only occur if any communication was made to the council member “in
an effort to influence or persuade an official to favor or oppose, recommend or
not recommend, vote for or against, or take or refrain from taking action on any
municipal question.” See Section 12A-15.2(10) (A) of the Dallas City Code.
If we are at a meeting and say hello to and/or introduce a council member to
someone we know, must we count that as a meeting?
Please note that Section 12A-15.2(10) (B) lists certain types of communications
that are not considered lobbying. Under Section 12A-15.2(12), a “municipal
question” means a public policy issue of a discretionary nature that is pending
before, or that may be the subject of action by, the city council or any city
board or commission. The term includes, but is not limited to, proposed actions
or proposals for action in the form of ordinances, resolutions, motions,
recommendations, reports, regulations, policies, nominations, appointments,
sanctions, and bids, including the adoption of specifications, awards, grants,
or contracts. The term does not include the day-to-day application,
administration, and execution of city programs and policies such as permitting,
platting, and design approval matters related to or in connection with a
specific project or development.
If we meet with a council member about utility construction in their district,
must we log that meeting/contact?
Please note that even if a lobbying contact occurred, it would not trigger the
lobbyist registration and reporting requirements unless it was made by a person
who received compensation or reimbursement of $200 or more in a calendar quarter
for lobbying activities. See Section 12A-15.3 of the Dallas City Code. Also note
that certain exceptions to the requirements for lobbyist registration and
quarterly activity reports are set forth in Section 12A-15.4 of the Dallas City
Code. | | - | As a utility company, if we are working with council member staff for
customer concerns, do we need to log all of the communication? Members of a council member’s staff are not city officials under Section
12A-15.2(1) of the Dallas City Code, so communications directly with them are
not usually considered to be lobbying. If, however, the contact with a council
member’s staff is for the purpose of making an indirect
communication to influence or persuade the city council member to favor or
oppose, recommend or not recommend, vote for or against, or take or refrain from
taking action on any municipal question, then such communication would be
considered a lobbying contact that would need to be reported, assuming it is
made by a person who is required to register as a lobbyist. See Section
12A-15.2(10) of the Dallas City Code. | | - | What communications with city officials constitute lobbying under the
regulations? The regulations detail those communications that are not deemed to
be lobbying, but we do not see provisions making clear what does constitute
lobbying. Section 12A-15.2(10) (A) of the Dallas City Code defines lobbying as “any oral
or written communication (including an electronic communication) to a city
official, made directly or indirectly by any person in an effort to influence or
persuade an official to favor or oppose, recommend or not recommend, vote for or
against, or take or refrain from taking action on any municipal question.” Thus,
all such communications are lobbying, unless specifically exempted by Section
12A-15.2(10) (B). | | - | Is a person required to register as a lobbyist if the person speaks with
city officials on his or her own behalf or on behalf of his or her own company
rather than for other companies/clients? Section 12A-15.3(1) and (2) of the Dallas City Code requires a person to
register if the person receives compensation or reimbursement of $200 or more in
a calendar quarter for lobbying. If a company does not receive such compensation
or reimbursement for lobbying, then it is not required to register as a
lobbyist. Further, if a CEO, board member, or employee of a company lobbies a
city official, but such lobbying is not part of that individual’s regular job
responsibilities and only occurs incidentally, then those individuals do not
have to register as lobbyists. If the company has a staff lobbyist, however, who
lobbies city officials as a regular part of his or her job responsibilities,
regardless of whether the individual holds other responsibilities with the
company and regardless of whether the individual’s compensation for those
lobbying duties are paid for separately or are covered by the individual’s
salary, that individual would have to register as a lobbyist and the company
would be his or her client. | | - | Can a corporation, partnership, or other entity register as a
lobbyist?A corporation, partnership, or other entity is required to register as a
lobbyist if it receives compensation or reimbursement of $200 or more in a
calendar quarter for lobbying. If it does not receive compensation for lobbying
activities but has more than one paid lobbyist on staff that would be required
to register individually, the corporation, partnership, or other entity
may choose to register as a lobbying firm and include in
that registration the names and lobbying contacts of its staff lobbyists,
instead of having them register individually. See Ordinance No. 27834 (adopted
by the Dallas City Council on April 7, 2010), which: (1) amended Section
12A-15.2(11) of the Dallas City Code to define “lobbying firm” to include “a
person who has one or more employees that are lobbyists on the person’s behalf
and the person is the client,” and (2) added Section 12A-15.3(b) which reads as
follows: A lobbying firm that is not required to register under Subsection (a) of this
section may register as a lobbyist with the city secretary if the lobbying firm
has more than one employee who is required to register under Subsection (a). A
lobbying firm that chooses to register under this subsection for all of its
employees that are lobbyists, instead of having them register individually, will
be deemed to be a “registrant” and “a person required to register” for all
purposes of this article and will be subject to all requirements, procedures,
and penalties applicable to a “registrant” and “person required to register,” as
those terms are used in this article. | | - | If a corporation, partnership, or other entity is permitted to register
as a lobbyist, is it necessary for each individual employed by the corporation
who engages in lobbying activities to also register individually as a
lobbyist? No. Section 12A-15.4(6) of the Dallas City Code provides an exception to
lobbyist registration and reporting requirements for an “agent or employee of a
lobbying firm or other registrant, provided that the lobbying firm or other
registrant files a registration statement or activity report for the period in
question fully disclosing all relevant information known to the agent or
employee.” Also, see the answer to Question No. 9. | | - | Does incidental contact (such as contacting city officials to inquire
about matters unrelated to any specific procurement, or communicating with city
officials in social settings, or responding to questions asked by city officials
about matters unrelated to any specific procurement) constitute
lobbying?A lobbying contact would only occur if any communication was made to a city
official “in an effort to influence or persuade an official to favor or oppose,
recommend or not recommend, vote for or against, or take or refrain from taking
action on any municipal question.” See Section 12A-15.2(10) (A) of the Dallas
City Code. Also, see Section 12A-15.2(10) (B) which lists certain types of
communications that are not considered lobbying. Please note that Ordinance No. 27834 (adopted
by the Dallas City Council on April 7, 2010) amended Section 12A-15.2(10) (B) to
exclude from the definition of lobbying any communication “made in an oral or
written response narrowly tailored to address an oral or written request by a
city official for specific information.”
Under Section 12A-15.2(12), a “municipal question” means a public policy issue
of a discretionary nature that is pending before, or that may be the subject of
action by, the city council or any city board or commission. The term includes,
but is not limited to, proposed actions or proposals for action in the form of
ordinances, resolutions, motions, recommendations, reports, regulations,
policies, nominations, appointments, sanctions, and bids, including the adoption
of specifications, awards, grants, or contracts. The term does not include the
day-to-day application, administration, and execution of city programs and
policies such as permitting, platting, and design approval matters related to or
in connection with a specific project or development.
Even if a lobbying
contact occurred, however, it would not trigger the lobbyist registration and
reporting requirements unless it was made by a person who received compensation
or reimbursement of $200 or more in a calendar quarter for lobbying
activities.
See Section 12A-15.3 of the, Dallas City Code. Also, note that
certain exceptions to the requirements for lobbyist registration and quarterly
activity reports are set forth in Section 12A-15.4 of the Dallas City Code.
| | - | Who has to register under the Dallas lobbying ordinance? Section 12A-15.3(1) and (2) of the Dallas City Code requires a person to
register if the person receives compensation or reimbursement of $200 or more in
a calendar quarter for lobbying. | | - | Specifically, does an employer (XYZ Company) have to register?An employer/company is required to register as a lobbyist if it receives
compensation or reimbursement of $200 or more in a calendar quarter for
lobbying. If the employer/company does not receive compensation for lobbying
activities but has more than one paid lobbyist on staff that would be required
to register individually, the employer/company may
choose to register as a lobbying firm and include in that
registration the names and lobbying contacts of its staff lobbyists, instead of
having them register individually. See Ordinance No. 27834 (adopted
by the Dallas City Council on April 7, 2010), which: (1) amended Section
12A-15.2(11) of the Dallas City Code to define “lobbying firm” to include “a
person who has one or more employees that are lobbyists on the person’s behalf
and the person is the client,” and (2) added Section 12A-15.3(b) which reads as
follows: (b) A lobbying firm that is not required to register under Subsection (a) of
this section may register as a lobbyist with the city secretary if the lobbying
firm has more than one employee who is required to register under Subsection
(a). A lobbying firm that chooses to register under this subsection for all of
its employees that are lobbyists, instead of having them register individually,
will be deemed to be a “registrant” and “a person required to register” for all
purposes of this article and will be subject to all requirements, procedures,
and penalties applicable to a “registrant” and “person required to register,” as
those terms are used in this article. | | - | Can an employer register and list the lobbyists that work for it and
their activities to the City of Dallas? Yes. Section 12A-15.4(6) provides an exception to lobbyist registration and
reporting requirements for an “agent or employee of a lobbying firm or other
registrant, provided that the lobbying firm or other registrant files a
registration statement or activity report for the period in question fully
disclosing all relevant information known to the agent or employee.” Also, see
the answer to Question No. 13. |
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