Mar 10, 2026 Government Operations and Efficiency Committee

[CALL TO ORDER]

[REGULAR AGENDA]

[00:00:09]

GOOD AFTERNOON.

I'D LIKE TO CALL THE GOVERNMENT OPERATIONS AND EFFICIENCIES COMMITTEE MEETING TO ORDER FOR TUESDAY, MARCH 10, AND IT IS 3 35 IN THE AFTERNOON.

MADAM CLERK,

[ROLL CALL]

PRESENT VICE CHAIR RICK SODI.

PRESENT CHAIR DUGGAN.

HERE WE HAVE A QUORUM.

ALL RIGHT.

THANK YOU VERY MUCH.

MADAM CLERK, COULD YOU PLEASE READ THE FIRST ITEM,

[1. 26-54549 Recommendation to approve the minutes for the Government Operations and Efficiency Committee of Tuesday, October 21, 2025.          Suggested Action: Approve recommendation.  ]

ALL RIGHT.

CAN I GET A MOTION FOR THIS ITEM? IT DOESN'T SHOW UP ON YOURS.

I COULD USE SOME HELP WITH MY SCREEN, PLEASE.

ALL RIGHT.

THANK YOU.

WE HAVE, UH, IT'S BEEN MOVED AND SECONDED.

UH, WE CAN NOW TAKE PUBLIC COMMENT.

IF THERE'S ANY MEMBERS OF THE PUBLIC THAT'D LIKE TO SPEAK ON ITEM ONE, PLEASE LINE UP AT THE PODIUM.

SCENE NONE, CHAIR.

ALRIGHT, WE CAN TAKE A VOTE.

I'M JUST SIGNING IN AGAIN, SO GIVE ME A MOMENT, PLEASE.

ALL RIGHT.

CALLING FOR THE VOTE.

MOTION CARRIED.

[2. 26-54550 Recommendation to receive and file a presentation on the Framework for Accountability, Integrity, and Reporting (FAIR) Act, and provide staff with further input as appropriate.         Suggested Action: Approve recommendation.  ]

CAN WE GO TO ITEM TWO, PLEASE? ITEM TWO.

RECOMMENDATION TO RECEIVE AND FILE A PRESENTATION ON THE FRAMEWORK FOR ACCOUNTABILITY, INTEGRITY AND REPORTING FAIR ACT, AND PROVIDE STAFF WITH FURTHER INPUT AS APPROPRIATE.

THANK YOU VERY MUCH.

IT'S BEEN MOVED BY COUNCIL MEMBER RICKS OIE AND SECONDED BY COUNCIL MEMBER ZENDEJAS.

IS THERE, UH, ANY DISCUSSION ON THIS ITEM? STAFF? HAVE A PRESENTATION.

WONDERFUL.

GOOD AFTERNOON, EVERYONE.

IT'S GOOD TO SEE YOU.

UH, THANK YOU FOR HAVING US.

MY NAME IS HEATHER VAN WICK AND I AM THE CITY'S ETHICS OFFICER, HOUSED IN THE OFFICE OF ETHICS AND TRANSPARENCY.

WITH ME TODAY IS DEPUTY CITY MANAGER, TYLER BONANO CURLEY, UH, DEPUTY CITY ATTORNEY MILLICENT ROSO, AND ANITA LANI, WHO, UM, SHE'S OUR OTHER ATTORNEY AND SHE IS, UH, JOINING VIRTUALLY.

AND THEN I ALSO WANT TO ACKNOWLEDGE BOBBY P*****K, THE CHAIR OF THE ETHICS COMMISSION.

TODAY WE'RE GONNA DO A HIGH LEVEL WALKTHROUGH OF THE FAIR ACT RECOMMENDATION, WHICH INCLUDES THE LOBBYIST ORDINANCE RECOMMENDATIONS ORIGINALLY MADE BY THE CITY'S ETHICS COMMISSION.

WE'LL EXPLAIN HOW WE GOT HERE, WHAT THE FAIR ACT STRIVES TO DO OR STRIVES TO ACCOMPLISH, EXCUSE ME, ENFORCEMENT FRAMEWORK AND STAFF RECOMMENDATIONS THAT WERE INCLUDED IN THE ORIGINAL MEMO TO THE MAYOR AND COUNCIL.

THERE'S BEEN A LOT OF DISCUSSION AND QUESTIONS AROUND THE LOBBYIST RECOMMENDATIONS SPECIFICALLY, SO WE'LL SPEND SOME EXTRA TIME EXPLAINING THE NINE KEY AREAS OF THOSE RECOMMENDATIONS.

AND THEN BEFORE WE CONCLUDE THE PRESENTATION AND GO INTO Q AND A, UH, BOBBY P*****K, OUR CHAIR WILL, UM, AND SHE WAS ALSO PART OF THE LOBBYIST ORDINANCE AD HOC.

SHE'LL COME UP TO THE LECTERN AND PRO, PROVIDE ADDITIONAL CONTEXT AND ANSWERS SOME QUESTIONS.

UM, AND THEN THE CHAIR OBVIOUSLY WILL BE HERE THROUGH THE WHOLE PRESENTATION AND IS AVAILABLE AND HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS.

SO LET'S DO THIS.

JUST A LITTLE BACKGROUND.

UM, IN 2020, THE CITY AUDITOR ETHICS SURVEY AND PROGRAM PERFORMANCE AUDIT, UH, WHICH WAS ACTUALLY DONE IN 2019, BUT UH, RELEASED IN 2020, IDENTIFIED THE NEED FOR A CENTRALIZED COMPREHENSIVE

[00:05:01]

IN RESPONSE, THE OFFICE OF ETHICS AND TRANSPARENCY PRIORITIZED BUILDING A MORE ACCESSIBLE AND COHESIVE ETHICS PROGRAM FOR BOTH EMPLOYEES AND THE PUBLIC BUILDING ON THIS WORK.

THE ETHICS COMMISSION THROUGH AN ASSIGNED AD HOC COMMITTEE DEVELOPED RECOMMENDATIONS TO MODERNIZE AND CONSOLIDATE THE CITY'S ETHICS FRAMEWORK.

THESE RECOMMENDATIONS INCLUDE UPDATES TO THE CITY'S LOBBYIST ORDINANCE, WHICH WAS APPROVED BY THE ETHICS COMMISSION IN AUGUST OF 24, AND AN OVERARCHING ETHICS ORDINANCE, WHICH WAS APPROVED BY THE ETHICS COMMISSION IN MARCH OF 2025, DESIGNED TO CENTRALIZE ETHICS LAWS, PROCESSES, AND BEST PRACTICES.

CITY MANAGER STAFF AND THE CITY ATTORNEY'S OFFICE WORK CLOSELY WITH THE COMMISSION'S AD HOC.

AS THE RECOMMENDATIONS EVOLVED ALONG WITH REVIEWS BY MULTIPLE CITY DEPARTMENTS, THE ETHICS COMMISSION'S FINAL RECOMMENDATIONS WERE TRANSMITTED TO THE MAYOR AND CITY COUNCIL VIA MEMO, IN ADDITION TO A STAFF ANNOTATED VERSION TO SUPPORT AND FORM REVIEW.

AND THIS WAS IN JUNE OF 25.

IN NOVEMBER OF 25, THE MAYOR INTRODUCED THE COMBINED RECOMMENDATIONS AS THE FAIR ACT FOR CITY COUNCIL REVIEW, WITH THE INTENT THAT THE LOBBYIST ORDINANCE BE INCORPORATED INTO THE BROADER ETHICS ORDINANCE FRAMEWORK.

THE COUNCIL MOTION REQUESTS INPUT FROM THE GEO AND E COMMITTEE PRIOR TO DRAFTING THE FAIR ACT ORDINANCE LANGUAGE WITH THE CITY ATTORNEY'S OFFICE, CONDUCTING THE MEET AND CONFER PROCESS, AND RETURNING TO CITY COUNCIL WITH THE FINAL ORDINANCE LANGUAGE FOR CONSIDERATION.

WHAT THE FAIR ACT DOES.

THE PROPOSAL AS MOVED BY CITY COUNCIL WOULD ESTABLISH TITLE IV OF THE LONG BEACH MUNICIPAL CODE.

IT CODIFIES MANY EXISTING ADMINISTRATIVE ETHICS POLICIES, PROCESSES, AND BEST PRACTICES INTO ONE LAW, MAKING THE INFORMATION MORE ACCESSIBLE TO EMPLOYEES, OFFICIALS, AND THE PUBLIC EXISTING ETHICS.

STANDARDS AND PRACTICES ARE CURRENTLY SPREAD ACROSS MULTIPLE DEPARTMENTS, MULTIPLE POLICIES, AND MULTIPLE MUNICIPAL CODE SECTIONS.

AND AGAIN, THIS INCLUDES CHAPTER 4.09, WHICH IS, UH, LOBBYISTS BASED ON PRIOR ETHICS COMMISSION, UH, RECOMMENDATIONS.

SO ENFORCEMENT OF THE ORDINANCE, UH, THE ENFORCEMENT FRAMEWORK, THE ETHICS COMMISSION'S, DRAFT ORDINANCE CODIFIES SOME EXISTING ADMINISTRATIVE ETHICS POLICIES, THEREBY MAKING RELATED VIOLATIONS SUBJECT TO CRIMINAL ENFORCEMENT UNDER THE APPROACH REFLECTED IN THE MAYOR'S ITEM, WHICH INCLUDES A STAFF RECOMMENDATION, SOME EMPLOYEE FACING PROVISIONS WOULD REMAIN ADMINISTRATIVELY ENFORCED, CONSISTENT WITH EXISTING DISCIPLINE AND LABOR PROCESSES ALREADY USED BY THE CITY.

OTHER STAFF RECOMMENDATIONS THAT WERE INCLUDED IN THE CITY MANAGER'S MEMO INCLUDES, UH, ADDRESS TRAINING DEADLINES AND OUTSIDE ACTIVITIES THROUGH ADMINISTRATIVE REGULATIONS.

AGAIN, NOT THROUGH CRIMINAL ENFORCEMENT, CLARIFY TERMINOLOGY FOR ACCURACY AND CONSISTENCY, EXPAND POST-EMPLOYMENT RESTRICTIONS TO INCLUDE HARBOR AND UTILITIES EXECUTIVE LEADERSHIP, REFINE CONFLICT OF INTEREST IN NEPOTISM LANGUAGE, MAINTAIN CLEAR BOUNDARIES BETWEEN CITY ATTORNEY ADVICE AND THE FPPC AUTHORITY, MANAGE DONATION AND FUNDRAISING, FUNDRAISING RULES, ADMINISTRATIVELY AND FLAG AREAS NEEDING FURTHER LEGAL REVIEW.

SO, SO THE LOBBYIST ORDINANCE RECOMMENDATIONS, UH, THERE WERE, THERE ARE NINE KEY AREAS IN THAT RECOMMENDATION.

THE FIRST BEING TO SIMPLIFY WHEN LOBBYING MUST BE DISCLOSED, AND THAT'S A SHIFT FROM COMPLEX DOLLAR AND HOUR BASED THRESHOLDS TO A CONTACT BASED STANDARD.

REQUIRE REGISTRATION BASED ON THE NUMBER OF CONTACTS WITH CITY OFFICIALS, MAKING COMPLIANCE EASIER TO UNDERSTAND AND ADMINISTER, CONSOLIDATE EXISTING LOBBYIST CATEGORIES INTO A NEW, SIMPLER CONTACT LOBBYIST CATEGORY.

AGGREGATE CONTACTS MADE BY MULTIPLE REPRESENTATIVES OF THE SAME ORGANIZATION AND REQUIRE INDEPENDENT CONTRACTORS TO REGISTER AFTER THEIR FIRST CONTACT.

THE SECOND KEY AREA IS TO LOWER AND CLARIFY EXPENDITURE BASED LOBBYING, REPLACE THE TERM EXPENDITURE LOBBYISTS WITH LOBBYISTS.

AND I WANNA NOTE THAT THAT WAS, UM, A CHANGE SUGGESTED, UH, THAT CAME FROM THE MAYOR'S, UH, RECOMMENDATION.

[00:10:01]

MAINTAIN EXISTING EXEMPTIONS FOR ROUTINE COMMUNICATIONS.

THE NEXT KEY AREA IS TO EXPAND DISCLOSURE DETAILS AND INCREASE REPORTING FREQUENCY.

THIS WOULD REQUIRE MORE DETAILED INFORMATION AND LOBBYIST FILINGS, INCLUDING SPECIFIC ISSUES DISCUSSED, POSITIONS TAKEN FOR OR AGAINST INDIVIDUALS INVOLVED IN CONTACTS AND MATERIALS PROVIDED TO CITY OFFICIALS.

MOVE FROM SEMI-ANNUAL TO QUARTERLY REPORTING.

I DO WANNA NOTE THAT THE COMMISSION HAS RECOMMENDED MONTHLY REPORTING REQUIRE REGISTRATION WITHIN FIVE DAYS OF A QUALIFYING CONTACT AND EXPLORE OPTIONS FOR ENHANCED ONLINE REPORTING TOOLS THAT IMPROVE PUBLIC ACCESS.

THE NEXT KEY AREA IS TO REFINE NONPROFIT EXEMPTIONS.

SO THIS WOULD RETAIN EXEMPTIONS FOR 5 0 1 C3 NONPROFITS, INCLUDING OFFICERS AND UNPAID VOLUNTEERS.

THIS WOULD ELIMINATE EXEMPTIONS FOR OTHER NONPROFIT TYPES, INCLUDING TRADE ASSOCIATIONS AND OTHER ADVOCACY GROUPS UNDER, UH, FO ONE, OR, SORRY, 5 0 1 C FOUR TO SEVEN.

THE, UH, ETHICS COMMISSION ALSO RECOMMENDED THAT BUSINESS IMPROVEMENT DISTRICTS WOULD STILL KEEP THEIR EXEMPTION STATUS AND NEIGHBORHOOD ASSOCIATIONS WOULD NOT BE AFFECTED.

ADVOCATING FOR AND NEGOTIATING ON BEHALF OF EMPLOYEES BY EMPLOYEE UNIONS IS NOT LOBBYING.

HOWEVER, ANY FORM OF A ADVOCACY MAY CONSTITUTE LOBBYING AND REQUIRE REGISTRATION.

NEXT KEY AREA IS TO CLARIFY WHAT COUNTS AS LOBBYING.

THIS IS, UH, EXPLICITLY DEFINED LOBBYING AS ANY CONTACT INTENDED TO INFLUENCE LEGISLATIVE OR ADMINISTRATIVE ACTION, EVEN IF NO ITEM IS CURRENTLY PENDING.

NEXT KEY AREA IS TO EXPAND TRANSPARENCY THROUGH CALENDAR DISCLOSURES.

APPLY THE PUBLIC RECORDS ACT EXEMPTIONS FOR PROTECTED INFORMATION, REQUIRE SPECIFIED CITY LEADERS TO DISCLOSE CITY RELATED CALENDAR INFORMATION AND POST CALENDARS MONTHLY WITH THE FOLLOWING INFORMATION, UH, REQUIRE WOULD BE DATE AND TIME NAMES AND TITLES OF PARTICIPANTS AFFILIATED ORGANIZATIONS.

AND THEN A GENERAL STATEMENT OF ISSUES DISCUSSED.

IT EXPLICITLY EXCLUDES PERSONAL APPOINTMENTS, ATTORNEY CLIENT COMMUNICATIONS AND ATTORNEY WORK, PRODUCT LABOR NEGOTIATIONS AND PERSONNEL RECRUITMENT, CRIMINAL SECURITY SENSITIVE OR INVESTIGATIVE MATTERS, AND WHISTLEBLOWER RE RELATED COMMUNICATIONS.

THE NEXT KEY AREA IS ASSESS CAPACITY AND ENFORCEMENT TOOLS.

THIS WOULD INCLUDE EVALUATE, STAFFING AND TECHNOLOGY NEEDS FOR EDUCATION, AUDITING AND COMPLIANCE.

EXPLORE ADMINISTRATIVE AND CIVIL ENFORCEMENT OPTIONS IN ADDITION TO EXISTING CRIMINAL PENALTIES.

NEXT IS CLARIFY AND CLEAN UP THE ORDINANCE.

CONFIRM ENFORCEMENT APPLIES TO ORGANIZATIONS AND THEIR AGENTS ADD EXEMPTIONS FOR CONTRACT AND GRANT COMMUNICATIONS THAT FOLLOW CITY PROCUREMENT RULES AND REMOVE OUTDATED OR UNUSED DEFINITIONS AND REFERENCES.

AND THEN IT ALSO, UH, RECOMMENDS PERIODIC REVIEW MAYBE EVERY FIVE YEARS, AND UPDATED RECOMMENDATIONS TO THE MAYOR AND COUNCIL BY THE ETHICS COMMISSION.

QUESTIONS THAT WE'VE HEARD.

AND POLICY CONSIDERATIONS INCLUDE, UH, POTENTIAL IMPACTS OF CALENDAR REQUIREMENTS SUCH AS WHO DEFINES WHAT CONSTITUTES A SECURITY RISK FOR REDACTION TECHNOLOGY CAPACITIES FOR FILING AND UPLOADING.

AND THEN, UH, WE NEED CLEAR LANGUAGE AROUND NON-SCHEDULED MEETINGS.

ALSO, WE'VE, THERE'S, AGAIN, BEEN A LOT OF DISCUSSION AROUND NONPROFIT EXEMPTIONS FOR THE 5 0 1 C FOURS THROUGH SEVENS, AND THEN FISCAL IMPACT AND STAFFING.

AND THEN AT THIS POINT, UM, BEFORE WE, UH, TALK ABOUT NEXT STEPS, I'D LIKE TO INVITE, UH, CHAIR P*****K TO THE LECTERN, UH, JUST TO OFFER SOME ADDITIONAL CONTEXT AND, UH, ADDRESS ANY GAPS THAT, UH, WE MAY HAVE LEFT DURING THE PRESENTATION.

UH, COMMENT ON THREE ISSUES THAT I KNOW ARE OF PARTICULAR CONCERN TO THE, THE CITY COUNCIL BASED ON THE CITY COUNCIL MEETING IN NOVEMBER.

IF THERE'S OTHER QUESTIONS, I CAN CERTAINLY ADDRESS OTHER ISSUES THAT ARE RAISED.

UM, FIRST, THE CURRENT ORDINANCE CONTAINS

[00:15:01]

THE ETHICS COMMISSION DIDN'T, THE ETHICS COMMISSION RECOMMENDED RETENTION OF THESE, UH, EXEMPTIONS.

SO IT WOULD BE NO CHANGE IN CURRENT LAW FOR THOSE ORGANIZATIONS, AND NEITHER THE MAYOR NOR THE CITY MANAGER RECOMMENDED A CHANGE TO THIS ASPECT OF THE COMMISSION'S RECOMMENDATIONS.

SECOND, I KNOW THERE'S BEEN A FAIR AMOUNT OF DISCUSSION ON NONPROFITS.

UH, THE IRS CODE SEVERELY LIMITS LOBBYING BY 5 0 1 C3 NONPROFITS, BUT ALLOWS UNLIMITED LOBBYING BY OTHER 5 0 1 C NONPROFITS SO LONG AS THE LOBBYING IS RELATED TO THEIR EXEMPT PURPOSE.

THAT'S THE BASIS FOR A DISTINCTION BETWEEN 5 0 1 C3 NONPROFITS AND 5 0 1 C FOUR THROUGH SEVEN.

THE CURRENT LONG BEACH ORDINANCE EXEMPTS LOBBYING BY 5 0 1 C3 NONPROFITS ONLY IF THE LOBBYING IS DONE BY BOARD MEMBERS OR EMPLOYEES.

THE ORDINANCE ALSO EXEMPTS LOBBYING ON BEHALF OF ANY NONPROFIT IF THE LOBBYING IS CONDUCTED BY PERSONS REIMBURSED ONLY FOR EXPENSES.

SO, UNDER CURRENT LAW, NONPROFITS OTHER THAN 5 0 1 C3 ORGANIZATIONS MUST REPORT LOBBYING UNLESS THE LOBBYING IS CONDUCTED BY UNPAID INDIVIDUALS.

THE ETHICS COMMISSION RECOMMENDED ELIMINATION OF THE LIMITED EXEMPTION FOR NONPROFITS OTHER THAN 5 0 1 C3 NONPROFITS AND EXPANSION OF THE EXEMPTION FOR 5 0 1 C3 NONPROFITS TO INCLUDE LOBBYING BY ANY PERSON ON THEIR BEHALF WITHIN THE EXEMPTION.

AND NEITHER OF THE MAYOR NOR THE CITY MA MANAGER RECOMMENDED A CHANGE TO THIS COMMISSION RECOMMENDATION.

UH, I WILL SAY THIS RECOMMENDATION WAS THE MOST CONTROVERSIAL OF ANY OF THE RECOMMENDATIONS CONTAINED IN, UH, THE PROPOSAL BY THE ETHICS COMMISSION.

INITIALLY, THE AD HOC COMMISSION, THE AD HOC COMMITTEE OF THE ETHICS COMMISSION RECOMMENDED ELIMINATION OF THE EXEMPTION FOR 5 0 1 C3 ORGANIZATIONS, AND THE OPPOSITION WAS VOCIFEROUS AT NUMEROUS PUBLIC MEETINGS.

THE FULL COMMISSION REJECTED THE, THAT INITIAL POSITION AND ASKED THAT WE INCLUDE 5 0 1 3 ORGANIZATIONS IN AN EXEMPTION FROM THE LOBBYING STATUTE.

AND PRIMARY CONCERN OF THE 5 0 1 THREES WAS A POTENTIAL IMPACT ON THEIR TAX EXEMPT STATUS.

A SECONDARY CONCERN THAT WAS VOICED WAS THE TIME IT WOULD TAKE FOR THEM TO COMPLY WITH THE REGISTRATION AND REPORTING REQUIREMENTS TIME THAT MANY OF THE SMALLER 5 0 1 C3 ORGANIZATIONS DON'T HAVE.

FINALLY, WITH REGARD TO CALENDARS, THE ETHICS COMMISSION RECOMMENDED CONTINUED APPLICATION OF ALL EXEMPTIONS TO DISCLOSURE UNDER THE PUBLIC RECORDS ACT.

IF A CALENDAR ENTRY CAN BE WITHHELD UNDER THE PUBLIC RECORDS ACT, IT NEED NOT BE DISCLOSED UNDER THE COMMISSION'S RECOMMENDATION.

I KNOW THAT THE PORT IS CONCERNED ABOUT CALENDAR INFORMATION THAT MAY BE COMMERCIALLY SENSITIVE IF THE PUBLIC RECORDS ACT DOES NOT ALREADY PROTECT THAT INFORMATION, THE ETHICS COMMISSION SUPPORTS DEVELOPMENT OF A NEW EXEMPTION.

I ALSO SUBMITTED SOME WRITTEN COMMENTS IN ADVANCE OF THIS MEETING ON TWO ISSUES WITH THE MAYOR'S PROPOSAL, AND I DON'T WANT TO REPEAT MYSELF ON THOSE.

I JUST DIRECT YOU TO THE WRITTEN COMMENTS.

UM, AND IF YOU HAVE ANY QUESTIONS ON THIS OR ANY OF THE OTHER ISSUES, I'M HAPPY TO RESPOND.

UH, CHAIR, JUST ONE QUICK QUESTION.

WHO DID YOU SEND THOSE WRITTEN COMMENTS TO? I DON'T RECALL GETTING THEM.

UH, I UPLOADED THEM THIS MORNING TO YOUR WEBSITE.

OH, SO YOU PUT 'EM IN, LIKE SUBMITTED THEM ESSENTIALLY AS A, LIKE A PUBLIC COMMENT.

I DIDN'T KNOW HOW ELSE I, I THINK I'VE, I'VE SENT EMAILS TO EACH OF YOU.

I AM AVAILABLE TO MEET SEPARATELY INDIVIDUAL, HOWEVER, I, I JUST FELT LIKE THE THE BEST WAY WOULD BE TO JUST UPLOAD FOR THIS MEETING TO THIS AGENDA ITEM.

NO, NO, I APPRECIATE THAT.

I JUST, I JUST WANTED TO MAKE SURE I HADN'T MISSED AN EMAIL.

OKAY.

NO, YOU HAVEN'T.

AND THE NOTES THAT YOU JUST WENT THROUGH, ARE THOSE AVAILABLE BECAUSE THAT WAS A LOT OF INFORMATION TO TALK ABOUT WHO RECOMMENDED AND WHO WAS NOT, UH, EXEMPTIONS AND NON-EXEMPT.

UH, I, NO, I, I, I WROTE IT AND THEN REPRODUCED IT IN 14 POINT TYPE AND BOLD TO READ.

BUT I'D BE HAPPY TO SUBMIT A FOLLOW UP IF, IF YOU WOULD LIKE, AND I CAN EXPAND.

I JUST WASN'T SURE HOW THIS MEETING WOULD GO, SO I'M HAPPY TO, UH, SUBMIT

[00:20:01]

THAT WOULD BE GREAT.

UM, AND I, I DO HAVE SOME MORE INFORMATION.

YOU KNOW, THE, THE AD HOC REVIEWED CALENDARS WE REQUESTED UNDER THE PUBLIC RECORDS ACT, THE CALENDARS FOR EVERY CITY COUNCIL MEMBER AND THE MAYOR FOR A SIX MONTH PERIOD GOING BACK TO 2019, BECAUSE WHEN WE WERE BEGINNING OUR WORK, WE WERE IN THE MIDST OF COVID AND WE DIDN'T FEEL IT WAS REPRESENTATIVE.

UM, THE, THE RELEASE UNDER THE PUBLIC RECORDS ACT OF THE CALENDARS TOOK MONTHS, AND WE NEVER RECEIVED SOME OF THE CALENDARS FOR COUNCIL MEMBERS WHO HAD BEEN, WHO HAD LEFT THE COUNCIL BY THE TIME OF OUR REQUEST.

SO I DON'T THINK THAT THE PUBLIC RECORDS ACT IS REALLY A, UH, USEFUL, UH, ALTERNATIVE TO ROUTINE DISCLOSURE OF CALENDARS.

UM, WE DID SEE, UH, A PRESENTATION CA SANTA CLARA DOES THIS, AND APPARENTLY IT, IT, IT, IT'S A, A PUSH OF A BUTTON TO UPLOAD INTO AN EXCEL SPREADSHEET, BUT IT DOES REQUIRE THE MAINTENANCE OF A CALENDAR.

AND I CAN TELL YOU THAT THE CALENDARS WE RECEIVED UNDER THE PUBLIC RECORDS ACT INCLUDED SOME PERSONAL APPOINTMENTS, WHICH I DIDN'T REALLY THINK OUGHT TO BE PUBLICLY AVAILABLE.

AND, UH, THE, THERE WERE BUSINESS MEETINGS WHERE THE PERSON THAT THE COUNCIL MEMBER OR MAYOR WAS MEETING WITH WAS JUST MATT OR JEFF.

AND SO IT WAS IMPOSSIBLE TO KNOW IF THAT WAS A LOBBYING CONTACT OR A PERSONAL, UH, MEETING.

SO, ALRIGHT.

THANK YOU CHAIR.

I APPRECIATE THAT INFORMATION.

I'D LIKE TO ASK IF THERE'S FURTHER DISCUSSION, COUNCIL MEMBER, UH, YEAH, SO I HAD, UM, I HAD FOLLOW UP QUESTIONS, UM, BUT I FIGURE OUT, I'LL JUST PUT ON, I THINK THE, MY UNDERSTANDING IS TODAY'S, UM, PROCEEDING IS REALLY MEANT TO GET FEEDBACK FROM US AS A COMMITTEE, UH, CONCERNS, QUESTIONS, KIND OF FOLLOW UP INFORMATION THAT WE NEED SO THAT WE, AND THEN EVENTUALLY THE BROADER COUNCIL CAN MAKE, UH, INFORMED DECISIONS.

SO, UM, I'M GOING OFF OF, BECAUSE I KNOW THE, THE MAYOR'S ITEM THAT WE HAD BACK IN NOVEMBER WAS REFERRED OVER TO GOE.

SO BASICALLY I'M JUST READING THROUGH THOSE.

SO I KNOW SOME OF THAT IS A LITTLE BIT DIFFERENT THAN WHAT THE, THE COMMISSION, UM, PROCEEDED FORWARD.

SO IF THERE NEEDS TO BE A FURTHER DISCUSSION ABOUT THAT, WE CAN HAVE THAT.

BUT I JUST, UH, A LOT OF THIS WAS JUST CLARIFICATION FOR ME, UM, AROUND LIKE JUSTIFICATIONS FOR THINGS, CHOICES FOR, FOR CERTAIN ELEMENTS, RIGHT, THAT I JUST, IT'S HELPFUL FOR ME TO KNOW AND IT WILL JUST ALLOW IT TO BE HELPFUL FOR EVERYBODY ELSE.

HOW ABOUT THAT? UM, AND SO, UM, SO ONE OF THE INITIAL RECOMMENDATIONS, SO ON THE RECOMMENDATION NUMBER ONE, IT SAYS SIMPLIFY THE THRESHOLD FOR DISCLOSURE OF LOBBYING, UH, LOBBYING CONTACTS.

AND SO, UH, IN THIS, FOR THE DEFINITION OF CONTACT LOBBYISTS, IT HAD ANY INDIVIDUAL WHO MAKES THREE OR MORE CONTACTS IN A CALENDAR YEAR WITH CITY OFFICIALS ON BEHALF OF THEIR EMPLOYER.

AND SO I JUST WAS WONDERING, UM, WHAT WAS THE, THE REASON FOR THAT PARTICULAR THRESHOLD FOR THE THREE CONTACTS MM-HMM .

WAS THAT SOMETHING THAT OTHER CITIES, UM, HAVE USED? AND IF SO, UM, SHOULD THAT NUMBER BE? IS THE IDEA THAT IT'S, IT'S JUST A BLANKET ONE, SHOULD IT BE PROPORTIONAL TO THE SIZE OF THE CITY, RIGHT? BECAUSE I IMAGINE LARGER CITIES MIGHT NEED MORE CONVERSATION AROUND A PARTICULAR SUBJECT.

SO I JUST WANTED A LITTLE BIT OF CLARIFICATION ON THAT.

YEAH, WE'LL HAVE THE CHAIR COME UP JUST BECAUSE AGAIN, SHE WAS IN THAT AD HOC AND SPENT A LOT OF TIME.

UM, I, I CAN TELL YOU THE JUSTIFICATION FOR LOOKING AT CONTACTS WAS BECAUSE THE WAY THAT THE CURRENT ORDINANCE IS WRITTEN, UM, IT LOOKS AT THE AMOUNT OF TIME A PARTICULAR INDIVIDUAL SPENDS, UH, TRYING TO INFLUENCE, UM, UH, DECISION MAKING.

UH, AND SO YOU'VE GOT AN AGGREGATE OF 50 HOURS WITHIN A THREE MONTH PERIOD, ET CETERA, ET CETERA.

UM, AND THERE WAS MONEY, HOW MUCH MONEY IS PAID TO AN OUTSIDE LOBBYIST VERSUS ORGANIZATIONS THAT USE IN-HOUSE LOBBYISTS.

UM, AND IT WAS, IT'S, IT'S VERY DIFFICULT TO MEASURE.

UM, THERE IS NO WAY RIGHT NOW FOR US TO KNOW IF, UH, AN IN, IF AN INDIVIDUAL OR IF A COMPANY HAS EXCEEDED THAT WITHOUT ASKING, WELL, HOW LONG DID YOU MEET WITH THE REPRESENTATIVE FROM X, Y,

[00:25:01]

UM, THREE CONTACTS.

I, I KNOW THAT SAN FRANCISCO DOES CONTACT, UH, NUMBER OF CONTACTS, BUT TO BE HONEST, I DON'T REMEMBER THE NUMBER OF CONTACTS THAT WAS THE THRESHOLD.

I THINK, UH, UH, THE THINKING WAS ALONG THE LINES OF, HEY, IT, WHEN WE WERE LOOKING AT THE CALENDARS, WHAT WE WERE SEEING WERE CONTACTS RELATING TO, AT THE TIME THINGS THAT WERE UNDER CONSIDERATION WERE, UM, UH, THE CANNABIS TAX, UH, LICENSING FEE STRUCTURE.

UM, AND THERE WERE MANY MORE THAN THREE CONTACTS.

IF YOU LOOK AT E THE LOBBYISTS WERE TENDED TO BE CONTACTING MULTIPLE MEMBERS OF THE CITY COUNCIL.

UM, SO I DON'T THINK THREE IS A VERY HIGH THRESHOLD FOR SOMETHING OF THAT GREAT IMPORTANCE TO A PRETTY SIGNIFICANT INDUSTRY.

UM, BUT I COULD CERTAINLY LOOK AT THE OTHER JURISDICTIONS THAT USE CONTACT TO SEE IF, UM, THREE IS TOO HIGH, TOO LOW.

I WOULD APPRECIATE THAT.

I JUST, IT'S JUST A, IT'S A, IT'S JUST, UM, WHEN I THINK ABOUT LIKE HOW WE EXPLAIN THIS TO THE PUBLIC, HOW WE EXPLAIN THIS TO OTHER COUNCIL COLLEAGUES, RIGHT? IT'S JUST, IT'S JUST, IT WOULD BE HELPFUL FOR ME TO JUST BE LIKE, HEY, WHY DID WE LAND ON THREE? WELL, A AND THEN I WOULD MM-HMM .

I GUESS I WOULD ASK IF AN IN IF, IF AN INDIVIDUAL COMPANY WHO'S DOING BUSINESS IN THE CITY HAS THREE MEETINGS ON AN ISSUE, DOESN'T THAT MEAN IT'S PRETTY IMPORTANT FOR THE PUBLIC TO KNOW THAT THAT PARTICULAR COMPANY IS WORKING HARD TO INFLUENCE THE DECISION MAKING? AND THAT'S REALLY WHAT THIS DISCLOSURE IS ALL ABOUT.

UH, WHO IS, WHO IS INFLUENCING THE DECISION MAKING CHAIR? LET ME CLARIFY A CONTACT, YOU'RE SAYING, FOR INSTANCE, THREE MEETINGS WOULD SEEM TO MAKE A SUBJECT MATTER TO THE PUBLIC MORE IMPORTANT.

IF A PERSON WAS TO MAKE A PHONE CALL AND WE DON'T DISCLOSE HOW LONG THE PHONE CALL IS, HOW MANY QUESTIONS ARE ASKED, YOU GET ANOTHER CALL COMING IN AND YOU SAY, I GOTTA CALL YOU BACK THEN YOU CALL THEM BACK THE NEXT DAY.

IS THAT TWO CONTACTS WHEN IT'S OF THE SAME CONVERSATION, BUT IT GOT INTERRUPTED? THERE'S A, THERE'S A, UM, WIDE RANGE OF IMPORTANCE OF THE WORD CONTACT, WHICH COULD BE A THREE HOUR MEETING, WHICH IS ONE CONTACT OR A TWO MINUTE CONVERSATION ON THE PHONE.

AND I DON'T, I DON'T KNOW ABOUT EQUATING THOSE AS A CONTACT AND, YOU KNOW, THE, THE, UH, CITY ATTORNEY WILL HAVE TO DRAFT LANGUAGE AND WOULD HAVE TO ADDRESS THAT, UM, THE, THE ETHICS COMMISSION.

AND I DON'T BELIEVE THE CITY MANAGER'S PROPOSAL OR THE MAYOR'S PROPOSAL GOT INTO THAT LEVEL OF DETAIL.

IT IS A DRAFTING ISSUE.

UM, UH, BUT YOU KNOW, AGAIN, WE'RE ONLY TALKING ABOUT LOBBYING CONTACTS.

SO IT'S, IT'S A CONTACT INTENDED TO INFLUENCE AN ACTION TO BE TAKEN BY A DECISION MAKER OR DECISION MAKING BODY.

SO IF I CALL YOU AND COMPLAIN ABOUT THE POM FRONS THAT ARE NOT GETTING PICKED UP, THAT'S NOT A LOBBYING CONTACT .

ALRIGHT.

THANKS FOR, AND BY THE WAY, ALL MY POM FRONS ARE GETTING PICKED UP ALL THE TIME.

WONDERFUL.

THANK YOU.

ONE THING, UM, JUST, SORRY, UM, MIGHT BE HELPFUL JUST CONTEXT FOR THIS DISCUSSION AND, AND KIND OF THE NEXT STEPS IS, UM, OBVIOUSLY WE HAVE THE CHAIR HERE.

I THINK SHE CAN HELP PROVIDE A LOT OF THE CONTEXT ABOUT THE COMMISSION'S RATIONALE AND THE DISCUSSIONS, HOW THEY LANDED ON SOME OF THE RECOMMENDATIONS.

BUT, UM, WE WOULD DEFINITELY LOOK TO THE COMMITTEE IF THERE'S INTEREST IN, YOU KNOW, IF WE MOVE FORWARD WITH THIS, WE WANT THESE ANSWERS, UH, WE WANT CLARITY ON THESE THINGS, AND THEN THOSE ARE THINGS THAT OUR TEAM WOULD BASICALLY BRING BACK.

UM, SO FOR EXAMPLE, IN THIS UH, INSTANCE, YOU KNOW, I THINK THE, THERE WAS SORT OF A QUESTION AROUND WHAT'S THE RATIONALE FOR HOW WE LANDED ON THREE, BUT THEN THERE'S ALSO THIS QUESTION ABOUT WE NEED CLARITY ON WHAT CONTACT MEANS.

SO I WOULD TAKE AT, YOU KNOW, USING THIS EXAMPLE AS IF, IF THE COMMITTEE WANTS US TO COME BACK WITH RESPONSES AND ANSWERS, WE WOULD DEFINITELY BE ABLE TO DO ADDITIONAL DIGGING AND, AND CLARIFY, YOU KNOW, WHAT CONTACT MEANS AND THEN BRING BACK, UM, THAT ADDITIONAL CONTEXT FOR THE COMMITTEE.

SO IT WOULD JUST BE HELPFUL, UM, IN THE COMMENTS AND QUESTIONS WE CAN DISCERN LIKE WHAT'S JUST GETTING ADDITIONAL CONTEXT OR WHERE THERE MIGHT BE ADDITIONAL DIRECTION FROM THE COMMITTEE.

AND, UM, THAT, THAT WAY LATER ON WE KNOW WHAT THE NEXT STEPS AND DIRECTION IS.

BUT, UM, JUST WANTED TO PROVIDE A LITTLE BIT OF THAT CONTEXT AS WELL.

GREAT.

THANK YOU VERY MUCH.

I THINK AS WE MOVE THROUGH THIS,

[00:30:01]

LET'S, LET'S HEAR IT AND LET'S DEFINE, BECAUSE YOU MIGHT COVER SOME OF THE QUESTIONS THAT I HAVE.

ABSOLUTELY.

UH, SO, UM, TYLER, THE ANSWER TO THAT IS YES, COULD STEPH COME BACK WITH THAT INFORMATION? THAT WOULD BE GREAT.

UM, UH, AND THEN, UH, SO UNDER RECOMMENDATION NUMBER TWO, THE QUESTION I HAD, UM, AND POTENTIALLY THE CHAIR CAN ANSWER THIS, BUT ALSO FOR A QUESTION FOR CITY STAFF.

SO RECOMMENDATION NUMBER TWO WAS REPLACE EXPENDITURE LOBBYISTS WITH LOBBYISTS AND REDUCE THE EXPENDITURE THRESHOLD.

SO IT SAID THE RECOMMENDATION WAS TO LOWER THE EXPENDITURE THRESHOLD TO REDUCE FROM 5,000 TO 2,500 TO REFLECT COST EFFICIENCIES AVAILABLE THROUGH DIGITAL COMMUNICATION AND SOCIAL MEDIA.

AND SO WHEN I LOOKED AT COST EFFICIENCIES, I THOUGHT TO MYSELF, DOES THAT MEAN LIKE LESS PAPER AND TRAVEL? I THINK I JUST WANTED CLARIFICATION ON WHAT DOES COST EFFICIENCIES REFER TO.

YEAH.

I BELIEVE YOU HIT THE NAIL ON THE HEAD WITH THAT.

IT JUST, YEAH.

UH, TECHNOLOGY NOW MAKES IT EASY TO DO BUSINESS FROM YOUR OFFICE, YOU KNOW, OFFICE TO OFFICE.

SO, OKAY, SO THE JUSTIFICATION THERE IS BASICALLY SAYING IT'S LESS, IT COSTS LESS MONEY TO DO THE LOBBYING.

SO WE'RE, WE'RE LOWERING THE THRESHOLD IN WHICH, UM, THE CRITERIA RELATED TO WHETHER OR NOT YOU NEED TO REGISTER AS A CONTACT.

YES.

SO, AND THEN I GUESS THIS IS THE FOLLOW-UP QUESTION.

SO IF SOMEONE CONTACTS US, SO THE RECOMMENDATION AS IT STANDS, IT'S BASICALLY SAYING FOR THESE TWO IS THAT IF SOMEBODY CONTACTS US THREE TIMES AND IS IT AND THEY SPEND MORE THAN 2,500, OR IS IT THEY CONTACT US THREE TIMES OR THEY SPEND 2,500? IF I COULD CLARIFY.

YEAH.

IN THE CURRENT LAW, THERE ARE THREE DIFFERENT TYPES OF LOBBYISTS.

ONE IS A CONTRACT LOBBYIST.

THOSE ARE THE GUYS WHO LOBBY FOR A LIVING.

ONE IS AN ORGANIZATION LOBBYIST.

THOSE ARE IN-HOUSE LOBBYISTS, ESSENTIALLY WITH, UH, A, A COMPANY THAT DOES BUSINESS IN THE, IN THE CITY OR WANTS TO DO BUSINESS IN THE CITY.

AND THE THIRD IS CALLED AN ENTERPRISE LOBBYIST.

AN ENTERPRISE LOBBYIST IS SOMEONE WHO IS TRYING TO GET THE PUBLIC TO COME LOBBY YOU.

SO IF YOU HAVE 45 PEOPLE CONTACTING YOU SAYING, I OPPOSE THE FAIR ACT, YOU ASSUME THERE ARE 45 PEOPLE INDEPENDENTLY COMING TO YOU.

UNLESS AN ENTERPRISE LOBBYIST UNDER CURRENT LAW HAS SPENT $5,000 MA SENDING OUT MAILERS, TELLING EVERYONE, GO TO YOUR CITY COUNCIL MEMBER AND OPPOSE THE FAIR ACT.

SO THE ENTERPRISE LOBBYIST IS A SMALL SUBSET OF LOBBYISTS, AND THE ENTERPRISE LOBBYIST IS THE INDIVIDUAL WHO HAS TO REGISTER UNDER CURRENT LAW IF THEY SPEND OVER $5,000 TRYING TO GET PEOPLE GRASSROOTS TO DO THE LOBBYING ON AN ISSUE.

AND WE'RE SAYING THAT'S A LOT CHEAPER THESE DAYS TO GET THE PUBLIC TO LOBBY INDIVIDUAL COUNCIL MEMBERS.

AND THAT'S WHY THE ETHICS COMMISSION RECOMMENDED A REDUCTION FROM 5,000 TO 2,500.

THE CITY MANAGER DID NOT MAKE IT A, A SIGNIFICANT CHANGE TO THAT PROPOSAL, NOR DID THE MAYOR.

UM, YOU MAY, AS, AS, UM, TYLER SAID, YOU MAY DECIDE IT SHOULD BE EVEN LOWER GIVEN THE ECONOMY TODAY IN TRYING TO COMMUNICATE THROUGH SOCIAL MEDIA AND, AND EMAIL CAMPAIGNS.

UM, BUT THAT IS, THAT IS WITHIN, UH, THE COMMITTEE'S, UH, DECISION IF YOU WANNA RECOMMEND A DIFFERENT THRESHOLD.

BUT THAT'S JUST, THAT'S THE KINDA REASONING BEHIND THAT IDEA.

IN MY WRITTEN COMMENTS, I'VE JUST TAKEN A NOTE THAT THE MAYOR RECOMMENDED THAT THE, THE COMMISSION RECOMMENDED THAT ENTERPRISE LOBBYISTS BE CALLED A GRASSROOTS LOBBYIST BECAUSE IT MORE CLEARLY DEFINES THEIR ROLE.

THE MAYOR RECOMMENDED DROPPING BOTH OF THOSE ADJECTIVES AND JUST CALLING THEM A LOBBYIST.

I THINK THAT WAS A MISREADING.

WE HAVE TO HAVE SOME ADJECTIVE ON THE TERM LOBBYIST TO DESCRIBE THIS CATEGORY OF LOBBYISTS.

UH, I AGREE WITH THAT.

SO, UM, CHAIR DUGGAN, UM, WE CAN EXPLORE THIS WITH STAFF, BUT I ACTUALLY WOULD RECOMMEND AGAINST THE RECOMMENDATION FROM THE MAYOR AROUND CHANGING THE TERM FROM EXPENDITURE LOBBYISTS TO LOBBYISTS BECAUSE, UM, YOU CAN'T DETERMINE THEN THE DIFFERENCE BETWEEN EXPENDITURE LOBBYIST AND A CONTACT LOBBYIST.

UM, THAT THOSE ARE TWO SEPARATE CATEGORIES YOU DO NEED.

I AGREE.

YOU DO NEED SOME TYPE OF ADJECTIVES TO DIFFERENTIATE THE TWO.

[00:35:03]

I'M GOING TO JUST KEEP A LIST OF ITEMS THAT WE CAN MAKE A MOTION, I'LL MAKE A MOTION FOR AT THE END.

UH, OKAY.

SO I'M JUST GONNA KEEP GOING.

SO MY NEXT ONE IS ON RECOMMENDATION NUMBER THREE TO REQUIRE ADDITIONAL INFORMATION AND QUARTERLY REPORTS.

UM, THERE WAS A RECOMMENDATION AND A WEBSITE ENHANCEMENTS THAT SAID ALLOW SINGLE FILING FOR MULTIPLE REPORTABLE ROLES.

UM, DOES THAT MEAN, WELL, YOU KNOW, I'M NOT GONNA GUESS.

WHAT DOES THAT MEAN, ? SO IF YOU, IF, SO I'M LOOKING AT THE MAYOR'S RECOMMENDATION.

SO IT SAID, RECOMMEND THE CITY CLERK EXPLORE IMPROVEMENTS TO THE REGISTRATION AND REPORTING WEBSITE BASED ON MARKET SOFTWARE AVAILABILITY, FINANCIAL FEASIBILITY THAT MAY INCLUDE DROPDOWN MENUS WITH AGENDA ITEM NUMBERS LICENSE OR APPLICATION NUMBERS.

THEN IT SAYS, MAKE COPIES OF MATERIALS PROVIDED TO CITY OFFICIALS AVAILABLE TO THE PUBLIC.

AND THE THIRD BULLET POINT UNDER THERE WAS ALLOW SINGLE FILING FOR MULTIPLE REPORTABLE ROLES.

AND SO I WAS LIKE THE, I WASN'T SURE WHAT THAT MEANT BECAUSE I WOULD ASSUME I, AS A COUNCIL MEMBER ONLY HAVE ONE ROLE, I WOULD ASSUME, BUT MAYBE IT MEANS MULTIPLE PORTABLE ROLES, LIKE I'M A COUNCIL MEMBER AND THEN I'M ALSO SITTING ON THE GOVERNMENT OPERATIONS AND EFFICIENCY COMMITTEE.

SO I HAVE TO REPORT THOSE SEPARATELY.

THAT WAS THE PART THAT I DIDN'T, I WASN'T CLEAR ON.

YEAH, I'LL DEFER TO THE CHAIR 'CAUSE I DON'T, I REMEMBER EVERYTHING ELSE ABOUT THAT ITEM EXCEPT THAT BULLET.

SO WE NOW HAVE TWO CATEGORIES OF LOBBYISTS.

WE'VE COMBINED ORGANIZATION LOBBYISTS AND CONTRACT LOBBYISTS INTO CONTACT LOBBYISTS, BUT THERE ARE TWO LOBBYIST ROLES, NOT THE ROLES OF THE COUNCIL.

OKAY.

IF AS A LOBBYIST, OKAY.

I AM CONTACTING MEMBERS OF THE CITY COUNCIL DIRECTLY AND I AM GOING OUT WITH A CAMPAIGN TO GET MEMBERS OF THE PUBLIC TO ALSO LOBBY YOU.

I WOULD HAVE A SINGLE FILING WHICH WOULD INDICATE THAT I AM PERFORMING BOTH OF THOSE ROLES.

UNDERSTOOD.

THAT WAS, THAT'S PART THAT WASN'T CLEAR.

THANK YOU.

UM, OKAY.

AND THEN, LIKE I SAID, AGAIN, THE EXPECTATION IS THE LOBBYIST IS THEN DOING THIS REPORTING.

YES.

OKAY.

UH, OKAY.

UNDER RE RECOMMENDATION NUMBER FOUR, IT SAID, MAINTAIN EXEMPTION 5 0 1 C3 NONPROFITS AND ELIMINATE EXEMPTION FOR OTHER TYPES OF NONPROFITS.

UM, SO IT SAYS BALANCE, INFLUENCE AND BURDEN.

SO TO IMPROVE TRANSPARENCY AROUND NONPROFIT ADVOCACY EFFORTS, WHILE MINIMIZING COMPLIANCE BURDENS ON NONPROFITS WITH LIMITED RESOURCES, THE COMMISSION SUGGESTS THE ALTERNATIVE OF DISCLOSING CITY OFFICIALS CALENDARS.

UM, I JUST WANTED TO POINT OUT, UH, CHAIR DUGGAN.

UM, I APPRECIATE THE FACT THAT THEY SAID TO ELIMINATE THE, UM, COMPLIANCE BURDENS ON NONPROFITS WITH LIMITED RESOURCES.

I WOULD ALSO LIKE TO ACKNOWLEDGE THAT WE SHOULD, UM, MINIMIZE THE COMPLIANCE BURDENS ON COUNCIL OFFICES AS WELL.

SO THIS IS SOMETHING JUST IN GENERAL I WANNA THINK ABOUT AS WE'RE LOOK, AS WE'RE, AS WE'RE REVIEWING ALL OF THIS, IS THAT I WANNA MAKE SURE THAT WE DON'T SCARE OUR STAFF, UH, WHEN IT COMES TO THE COMPLIANCE RELATED TO OUR OWN OFFICES.

I, UH, LIKE THE IDEA OF PUBLIC CALENDARS, IT CREATES A LOT OF TRANSPARENCY.

IT'S BEEN SUCCESSFUL IN OTHER CITIES AND THERE ARE WAYS TO IMPLEMENT IT WITHOUT TOO MUCH BURDEN ON STAFF.

IT'S SOMETHING NEW, IT'S DIFFERENT.

TECHNOLOGY HAS MADE IT EASIER FOR US TO MARKET LESS EXPENSIVE.

IT CAN ALSO HELP US BE EFFICIENT WITH WHAT WE ARE DOING WITH, UM, WITH OUR CALENDARS.

SO I'M ASKING STAFF TO COME BACK WITH, UM, I'D LIKE TO SEE MORE EXAMPLES ABOUT HOW A CALENDAR'S USED AND HOW WE CAN MAKE THAT, UM, EASY ON STAFF.

AGREED.

COUNCIL MEMBERS ZENDEJAS HAS, THANK YOU CHAIR DUGGAN.

UM, OBVIOUSLY IN THIS ITEM IS WE STILL ARE IN NEED OF A LOT MORE CLARITY.

UM, I WOULD ALSO LIKE TO SAY THAT MAYBE WE SHOULD CONSIDER THRESHOLDS TO MEET DIFFERENT STANDARDS, UM, FOR ALL ENTITIES.

UM, WAS THERE ANY OUTSIDE TECHNICAL REVIEW DONE BEFORE THIS ITEM WAS BROUGHT TO US? THERE WAS SOME BENCHMARKING DONE, UM, AND THEN THE CITY ATTORNEY'S OFFICE DID AT A HIGH LEVEL, UH, WORK WITH US OR WORK WITH THE AD HOCS.

BUT ULTIMATELY THAT TECHNICAL REVIEW IS WHAT HAPPENS AFTER THIS COMMITTEE HAS MADE THEIR FINAL RECOMMENDATIONS.

IT GOES BACK TO THE CITY ATTORNEY AND THAT'S WHEN THEY GO THROUGH IT ALL WITH A FINE TOOTH COMB.

THANK YOU.

UM, WELL, BEFORE I MOVE ON, I JUST WANTED TO THANK YOU CHAIR FOR BEING HERE AND THANK YOU AND

[00:40:01]

AND IT'S BEEN A LONG ROAD, BUT I, I DIDN'T WANNA, UM, CONTINUE WITH MY TALKING WITHOUT ACKNOWLEDGING ALL THE HARD WORK THAT HAS BEEN PUT ON.

THANK YOU SO MUCH.

THANK YOU.

UM, ALSO, UM, HOW DO THESE RECOMMENDATIONS ALIGN, UH, WITH THE LA COUNTY LOBBYING ORDINANCE AND STATE ORDINANCE? IS THAT, UM, YEAH, I DON'T KNOW THAT THE COMMISSION REALLY BENCHMARKED LA COUNTY.

WE DID LA CITY, SAN FRANCISCO, SAN DIEGO, OAKLAND, UM, IT'S SANTA CLARA.

BUT IT SOUNDS LIKE THE LA COUNTY'S ETHICS PRO PROGRAM GENERALLY IS OUT OF SORTS AT THIS TIME IN A WAY THAT THEY'VE JUST PUT TOGETHER A TASK FORCE TO, TO MEND IT.

I DON'T KNOW IF THE CHAIR HAS ANYTHING ELSE TO OFFER TO THAT.

UM, WHILE I WAS WAITING, I DID FIND A FEBRUARY, 2026 POWERPOINT PRESENTATION ONLINE ON THE LA COUNTY REALIGNMENT OF THEIR ENTIRE ETHICS PROGRAM.

UM, SO I THINK LA COUNTY IS, I, I KNOW DURING THE WORK THAT THE AD HOC WAS DOING, THE LA COUNTY ETHICS COMMISSION FOLKS WERE VERY FRUSTRATED.

THEY HAD MADE A NUMBER OF RECOMMENDATIONS, UM, AND THERE HAD BEEN A LOT OF BACK AND FORTH WITH THE BOARD OF SUPERVISORS TO THE COMMISSION.

I DON'T KNOW WHAT THEIR, WHETHER THEY GOT ANYTHING OVER THE LINE ON THEIR, ON THEIR PROPOSAL FOR LOBBYING BEFORE THE COUNTY DECIDED TO TAKE A NEW LOOK AT THE ENTIRE ETHICS STRUCTURE FOR THE COUNTY.

UM, BUT I CAN, WE CAN CERTAINLY LOOK AT IF YOU HAVE A SPECIFIC AREA THAT YOU WANT US TO LOOK AT IN LA COUNTY IN, IN CONJUNCTION WITH STAFF, WE CAN LOOK AT THAT.

UH, WE DID LOOK AT OTHER CITIES MM-HMM .

AND, UM, PRIMARILY FOCUSING IN ON WHETHER OR NOT THEY EXEMPTED NONPROFITS.

UH, BUT WE ALSO LOOKED AT ANOTHER, UH, A NUMBER OF OTHER ASPECTS.

FOR EXAMPLE, WHAT IS THE TRIGGER FOR FILING? IS IT THREE CONTACTS? IS IT MONEY? IS IT TIME? UM, AND THE CONTACTS, UH, WAS WE, WE PULLED FROM OTHER JURISDICTIONS.

AND I'LL JUST ADD, UM, THIS IS MILLICENT, YOU SOL, DEPUTY CITY ATTORNEY.

I'LL JUST ADD THAT.

C THREES CANNOT, SUBSTANTIAL, CANNOT SPEND EXPENDITURES SUBSTANTIALLY ON LOBBYING.

SO THEY HAVE FEWER REPORTING REQUIREMENTS.

THEY, THEY REPORT FEWER THINGS TO THE IRS, OTHER C3, OTHER CS C 4 5, 6 7.

THEY CAN SPEND A SUBSTANTIAL AMOUNT OF THEIR TIME, UM, LOBBYING.

SO THEY HAVE GREATER REPORTING REQUIREMENTS.

UM, FOR EXAMPLE, THEY HAVE TO REGISTER WITH CONGRESS.

UM, THEY HAVE TO MAKE QUARTERLY REPORTS ON LOBBYING ACTIVITIES.

UM, SO THAT'S KIND OF THE DISTINCTION.

AND THAT, UH, SOMEWHAT FOLLOWS THE ETHICS COMMISSIONS RECOMMENDATIONS.

UM, NOT ALL, BUT THAT'S KIND OF THE GENERAL BACKDROP AND LEGAL SETTING OF, UH, REPORTING ACTIVITIES AND REQUIREMENTS BY, UH, TAX EXEMPT ORGANIZATIONS.

AND THANK YOU.

AND, UM, I KNOW THAT YOU GUYS MENTIONED, UH, OTHER CITIES.

UM, HOW ARE WE ALIGNING WITH THOSE OTHER CITIES? SO WHAT CITIES ARE WE ALIGNING MORE WITH THE RECOMMENDATIONS THAT WERE BROUGHT FORWARD, FORWARD? WELL, AGAIN, THE, THE BENCHMARKING WAS DONE MOSTLY AROUND NONPROFITS MM-HMM .

AND WE PUT TOGETHER A CHART THAT I'M HAPPY TO SHARE WITH YOU.

BUT IF I RECALL MORE CITIES THAN NOT, UM, NONPROFITS, UH, ARE NOT EXEMPTED.

OKAY.

THANK YOU.

MM-HMM .

UM, OVERALL I DO THINK THAT THE ORDINANCE IS READY SPECIFICALLY AS IT RELATES TO THE EXCEPTIONS PROPOSED.

I'M IN FAVOR OF, UH, ADDITIONAL TECHNICAL REVIEW TO ENSURE ALIGNMENT WITH STATE AND THE ORDINANCE, UM, IS, AND I AM HOPING THAT THAT'S SOMETHING WE CAN DO.

I UNDERSTAND THAT THIS MAY REQUIRE COSTS, BUT I AM ALSO, UM, IN SUPPORT OF GOING BEFORE THE BOC OR COMING OUT, UH, OR COMING OUT OF THE ETHICS COMMISSION BUDGET IF POSSIBLE, IF THAT, IF NEED BE.

BUT I DO THINK MAYBE HAVING ADDITIONAL, UM, TECHNICAL REVIEW MIGHT JUST TO BE, COULD I JUST, WHEN YOU SAY TECHNICAL REVIEW, THE REVIEW BY THE CITY ATTORNEY'S OFFICE, DOES THAT QUALIFY AS A TECHNICAL REVIEW IN YOUR REVIEW? OBVIOUS, I THINK THAT, UM, YES TO SOME EXTENT, BUT I'M THINKING THAT, UM, THERE COULD BE ADDITIONAL REVIEW TO JUST FURTHER CLARIFY, UM, WHAT, WHAT, WHAT IS NEEDED TO, SO THIS IS A RECEIVE AND FILE THAT WE'RE GOING TO ASK SPECIFIC QUESTIONS.

MM-HMM .

I THINK THAT TECHNICAL REVIEW MIGHT BE PART OF COMING BACK, IS THAT RIGHT?

[00:45:02]

ONE THING, UM, OKAY, FOR CONTEXT MIGHT BE HELPFUL IS THAT TYPICALLY, UM, YOU KNOW, WE WOULD GO THROUGH FROM THE STAFF SIDE A LOT OF THIS REVIEW AND ANALYSIS AND, YOU KNOW, LOOKING AT OTHER BEST PRACTICES AND THINGS AND THEN BRING FORWARD THE PROPOSAL.

IN THIS CASE, THE COMMISSION DID A LOT OF THAT WORK AND THEY BROUGHT FORWARD A PROPOSAL.

UM, PART OF THE CHALLENGE IS THAT WE DON'T REALLY HAVE CLEAR DIRECTION FROM COUNSEL ON WHAT WE SHOULD BE SPENDING OUR STAFF TIME ON.

SO PART OF THE COUNSEL DIRECTION WAS TO SAY, YES, LET'S CONTINUE TO MOVE FORWARD WITH THIS PROCESS, INCLUDING GETTING INPUT FROM THE COMMITTEE.

AND THEN, UH, WE WOULD ALSO DO ADDITIONAL REVIEW WITH THE ATTORNEYS.

UM, AND WE, WE CAN ALSO ADD OTHER ITEMS JUST BASED ON THE COMMITTEE RECOMMENDATIONS.

SO YEAH, I WOULD SAY IN TERMS OF A NEXT STEP, WE WOULD, UM, WORK WITH THE ATTORNEYS AND IMPACT DEPARTMENTS TO DO ADDITIONAL LEGAL REVIEW.

AND WE WOULD BE HAPPY TO DO, UM, BEYOND WHAT WE MIGHT TYPICALLY DO, WHERE IF IT'S WANTING TO UNDERSTAND HOW DOES THIS ALIGN WITH LA COUNTY'S ORDINANCE, WE COULD INCLUDE ADDITIONAL INFORMATION AND BRING THAT BACK TO THE COMMITTEE.

IF THERE'S SPECIFIC, UM, ASPECTS OF THE ORDINANCE I THINK ARE, YOU'RE PARTICULARLY INTERESTED IN AND YOU WANNA UNDERSTAND, YOU KNOW, HOW DOES THIS ALIGN WITH OTHER JURISDICTIONS.

WE COULD INCLUDE THAT AS A FOLLOW UP AS WELL.

SO YEAH, I THINK, UM, IF YOU HAVE MORE SPECIFICS OF WHAT, UM, YOU'D LIKE US TO RETURN WITH IN TERMS OF THAT ADDITIONAL REVIEW, WE'D BE HAPPY TO INCLUDE THAT.

UM, AND THEN KNOW THAT YEAH, THAT WAS PART OF THE RECOMMENDATION AS WELL AS TO MAKE SURE THAT WE DO HAVE THE OPPORTUNITY AS STAFF TO WORK WITH THE ATTORNEY TO DO SOME OF THAT ADDITIONAL TECHNICAL REVIEW.

SO I WOULD RECOMMEND, UM, AT THIS POINT PROBABLY WE WOULDN'T NEED ADDITIONAL, UM, YOU KNOW, CAPACITY TO DO OUTSIDE, LIKE BRING AN OUTSIDE CONSULTANT OR, UH, LEGAL REVIEW ON BOARD, UNLESS THAT'S KIND OF THE DETERMINATION FROM THE ATTORNEY'S OFFICE.

UM, I DON'T KNOW IF, IF MILLI OR AARON HAVE ANY THOUGHTS ON LIKE WHAT THAT TECHNICAL LEGAL REVIEW PROCESS LOOKS LIKE, BUT WE CAN DO A LOT OF THAT WORK STAFF WISE AND THEN BRING IT BACK, UM, AS PART OF THE FOLLOW UP WITH THE COMMITTEE.

AND JUST TO KIND OF PIGGYBACK OFF OF TYLER'S COMMENTS, OUR OFFICE IS THE SOLE LEGAL PROVIDER FOR ALL THOSE LEGAL SERVICES.

SO WE, WE CAN'T HANDLE THAT IN-HOUSE.

AND IF THERE ARE PARTICULAR NUANCED ISSUES THAT MIGHT BE DEVELOPING STATEWIDE, WE WHO WE DO HAVE THAT ABILITY TO ENGAGE OUTSIDE COUNCIL WHERE WE DEEM IT NECESSARY.

THANK YOU.

ALRIGHT, THANK YOU.

COUNCIL MEMBER.

COUNCIL MEMBER RICK SOTE.

UH, YEAH, I JUST HAD A COUPLE OF ADDITIONAL ONES.

SO UNDER RECOMMENDATION NUMBER SIX WE TALKED ABOUT, UM, REQUIREMENT OR DISCLOSURE OF CALENDAR, UM, INFORMATION BY CITY LEADERS.

I KNOW IT SAYS IT'S MODELED AFTER SANTA CLARA'S ORDINANCE NUMBER 1950.

SO I JUST WENT ON SANTA CLARA'S WEBSITE TO TAKE A LOOK AT SOME OF THEIR DISCLOSURES.

A COUPLE OF THINGS I NOTICED.

SO THEY DO DATE TIME, SUBJECT ATTENDANCE AS WHAT THEY, AS THEY DISCLOSE.

BUT ALL I, WHAT I FOUND ON THEIR WEBSITE WAS THAT, UM, IT WAS PRIMARILY FORMER ELECTED OFFICIALS INFORMATION CURRENTLY ON THEIR WEBSITE.

SO IT WAS UNDERSTANDING THAT POTENTIALLY IT COULD BE CURRENT AND OR FORMER BOTH.

IS THAT, UM, WAS THAT THE INTENTION OF THE, THE COMMISSION? BECAUSE THAT'S WHAT WAS, THAT WAS WHAT WAS, UM, CURRENTLY ON THE WEBSITE WHEN I WAS LOOKING ON IT YESTERDAY.

UH, COUNCIL MEMBER, I, I ALSO WAS LOOKING AT THE SANTA CLARA'S WEBSITE AND UM, ALSO WAS, HAD A LITTLE BIT OF DIFFICULTY FINDING CURRENT ELECTEDS.

IT IS ON THEIR WEBSITE, YOU JUST HAVE TO CLICK AROUND A LITTLE BIT.

BUT THE INTENT WAS FOR CURRENT, CERTAINLY CURRENT ELECTEDS TO, UM, HAVE THAT CALENDAR DISCLOSING REQUIREMENT.

OKAY.

SO IT WASN'T JUST ME THAT WAS HAVING DIFFICULTY FINDING.

NO.

OKAY, GREAT.

UM, SO I KNOW LATER ON RECOMMENDATION SEVEN WE TALKED ABOUT ENFORCEMENT CAPACITY.

SO I GUESS MY QUESTION IS FOR THE DISCLOSURE OF THE CALENDARS, UM, AND I KNOW IT SAYS EXEMPTION SHOULD MIRROR THOSE IN THE SANTA CLARA ORDINANCE AND THE CALIFORNIA PUBLIC RECORDS ACT, WHO DETERMINES LIKE A SUFFICIENT DISCLOSURE, RIGHT? SO SOMEBODY'S UPLOADING THIS TO SOME TYPE OF PORTAL, RIGHT? IS IT REVIEWED? IS IT, UM, LIKE HOW IS THAT MAYBE STAFF COULD COME BACK WITH SOME RECOMMENDATIONS ON WHAT THAT PROCESS WOULD LOOK LIKE FROM, UM, LIKE AN ADMINISTRATIVE ENFORCEMENT? LIKE IS THERE SOMEBODY REVIEWING IT AND THEN GIVING BACK INFORMATION BACK TO SAY LIKE COUNCIL MEMBERS SAYING THAT THE WAY YOU'RE CALENDARING IS NOT, UH, IS NOT PROVIDING SUFFICIENT INFORMATION? 'CAUSE EVEN IN THOSE CALENDAR, UM, THAT I REVIEWED FROM THE SANTA CLARA OFFICIALS, THERE WAS A LOT OF VARIABILITY IN THE AMOUNT OF INFORMATION DISCLOSED SPECIFICALLY FOR CERTAIN MEETINGS.

UM, AND SO THAT WAS A QUESTION, UH, THAT I HAVE.

SO I WOULD LOVE IF, IF STAFF WOULD COME BACK WITH SOME RECOMMENDATIONS AROUND WHAT THAT WOULD, UH, WHAT THAT WOULD LOOK LIKE.

UH, THE LAST ASPECT WAS THE ONLINE FORUM FOR COMMISSIONERS.

ADMITTEDLY, I WOULD SAY I'M A LITTLE CONCERNED WITH THE IDEA OF THEN ALSO REQUIRING THIS ON OUR COMMISSIONERS.

I UNDERSTAND THE JUSTIFICATION FOR IT.

UM, I'M JUST INTER I'M JUST CONCERNED

[00:50:01]

UM, AND SO, UM, IF WE, IF WE DECIDE TO MOVE FORWARD WITH THE PART ABOUT COMMISSIONERS, I'D REALLY BE INTERESTED IN CITY STAFF AND PARTICULARLY THE CITY CLERK AROUND HOW WE REALLY STREAMLINE THAT PROCESS.

YOU KNOW, FOR FOLKS THAT ARE, YOU KNOW, CONTRIBUTING A MONTH, YOU KNOW, AN HOUR TO A MONTH, UH, TO THE WORK OF THE COMMISSIONS AND NOT MAKING SURE THAT'S PROHIBITIVE TO PEOPLE BEING WANTING TO BE PART OF OUR COMMISSIONS.

THANK YOU.

I THINK THE INTENTION WAS IT TO JUST APPLY TO CHARTER COMMISSIONERS.

I DON'T KNOW IF THAT CHANGES THE LINE OF THINKING, BUT EITHER WAY WE'RE HAPPY TO LOOK INTO THAT.

IS THAT LISTED IN THERE IN THE DOCUMENTATION? I THOUGHT THAT, I MEAN, THAT'S THE ONLY PLACE I WOULD'VE GOTTEN IT.

UH, BUT IF IT'S NOT THERE, I THINK THAT'S SOMETHING, IT'S NOT LISTED AS CHARTER COMMISSIONERS.

I, I KNOW THERE WOULD BE TWO CATEGORIES.

UM, AND WHAT WE, WHAT WE CAN DO IS HAVE THEM TAKE A LOOK AND COME BACK.

OKAY.

WITH, UH, MORE DEFINITION ON THAT COUNCIL MEMBER.

OTTI.

UH, THAT'S IT.

ALRIGHT, THANK YOU.

UM, I AM SPECIFICALLY ASKING STAFF TO COME BACK WITH MORE DETAIL ON THE NUMBER, UM, I'M SORRY, ON THE THRESHOLD THAT WORKS IN OTHER CITIES AND WHAT THEIR CURRENT BEST PRACTICES ARE.

I WANNA CLARIFICATION IF I CAN, I HEARD THAT MORE CITIES THAN NOT ARE NOT EXEMPT.

THERE WAS A LOT OF KNOTS IN THERE, UM, IN, UH, 5 0 1 C THREES.

IS THAT CORRECT? YES.

CLARIFY THAT.

PLEASE CLARIFY WHAT I SAID EARLIER.

YES, JUST REPEAT IT.

SO YEAH, I BELIEVE THAT THE CHART WILL REFLECT THAT THERE ARE MORE CITIES THAT DO NOT ALIGN WITH US IN THAT THEY DON'T GIVE EXEMPTIONS TO 5 0 1 C THREES.

ALRIGHT.

UM, I'M, I'M INTERESTED IN HOW WE HANDLE NONPROFITS THAT HOLD CONTRACTS FOR HUNDREDS OF THOUSANDS OF DOLLARS WITHIN THE CITY.

IT SEEMS THAT IF THEY'RE REACHING OUT TO INCREASE OUR BUDGET, THEY SHOULD ALSO BE PART OF, UH, THAT STATUS.