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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER VII.
LOBBYING*

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Editor's note--Ord. No. NS-19.30.3, § 1, adopted Sept. 24, 1996, repealed Ch. VII, §§ A3-61--A3-68 and enacted provisions designated as a new Ch. VII, §§ A3-61--A3-65, to read as herein set out. See the Code Comparative Table.

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Sec. A3-61. Declaration of lobbying activity.

Every person or entity, who has a matter on the agenda of the Board of Supervisors as part of an application for a County contract, permit, license or franchise, shall file a declaration and shall state prior to the appearance on the matter, the names of any individual(s) or firm(s) paid $100.00 or more to present the position of the applicant to the Board of Supervisors, or to any individual member or members of the Board of Supervisors, or staff of the County of Santa Clara with the ability to make administrative decisions regarding such applications. Any person who is a lobbyist under the terms of this chapter shall so identify oneself to the Board of Supervisors or the staff of the County of Santa Clara prior to speaking on a matter described in this section.

(Ord. No. NS-19.30.3, § 1, 9-24-96)

Sec. A3-62. Exceptions.

(a) If a person who presents the position of the applicant to the Board of Supervisors or to County staff is a full-time employee of the applicant, the provisions contained in this section shall not be applicable.

(b) Any applicant whose application for a contract, license or franchise is valued at less than $1,000.00 shall not be subject to the provisions contained in this section.

(Ord. No. NS-19.30.3, § 1, 9-24-96)

Sec. A3-63. Procedures for declaring.

(a) The declaration required in Section A3-61 shall be made on the request to speak form provided by the Clerk of the Board of Supervisors prior to the discussion of the matter on the Board of Supervisors' agenda.

(b) The declaration shall include the name of the applicant, the name of the person or entity paid or to be paid to lobby, the date of the payment to lobby, and the amount of the payment for the lobbying activity. The declaration shall be signed under penalty of perjury.

(c) An alternative method of filing the declaration required in Section A3-61 shall be to file the declaration form provided by the Clerk of the Board of Supervisors with the Clerk at least 72 hours prior to the Board meeting at which the matter will be considered.

(Ord. No. NS-19.30.3, § 1, 9-24-96)

Sec. A3-64. Enforcement.

(a) Failure of an applicant to file the declaration, or for a lobbyist to identify oneself as such prior to speaking on a matter, shall result in the inability of the Board of Supervisors to take action to approve the application for contract, permit, grant, license or franchise until such time that the applicant complies with this section.

(b) Failure to file the declaration, or to identify oneself as a lobbyist prior to speaking on a matter shall result in the following penalties:

(1) A penalty assessment to be deposited into the County general fund of $500.00 per violation of this section.

(2) Violations found to be egregious by the Ethics Commission of the County of Santa Clara may subject the violators to liability for civil action by the County for an amount up to $2,500.00 for each failure to comply.

(Ord. No. NS-19.30.3, § 1, 9-24-96)

Sec. A3-65. Enforcement proceedings.

Any person who believes that a violation of this section has occurred may file a written complaint with the Ethics Commission in the manner provided in Section A3-71 of this Code.

(Ord. No. NS-19.30.3, § 1, 9-24-96)

Secs. A3-66--A3-69. Reserved.

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