QUESTION
Is indirect lobbying activity that influences mayoral decisions without directly concerning rulemaking or legislation subject to disclosure requirements?
2:18:38
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89 sec
The council member and counsel discuss whether certain indirect lobbying activities that aim to influence mayoral decisions, but do not directly relate to rulemaking or legislation, are required to be disclosed under the city's lobbying laws.
- The lobbying law has 11 specific definitions of lobbying activities that must be disclosed
- There are also 11 exclusions that exempt certain activities from disclosure requirements
- Indirect lobbying that does not directly target rulemaking or legislation may fall under the exclusions
- Determining what constitutes reportable lobbying versus excluded activity is complex
- An example is raised of a large entity aggressively advocating against a DOT proposal through mailers and robocalls, which may not be considered reportable lobbying
Lincoln Restler
2:18:38
Is that subject to lobbying disclosures?
2:18:42
Is is that is is a lobbying required to disclose that.
UNKNOWN
2:18:48
Sorry.
2:18:48
We're just fighting.
2:18:50
So
Lincoln Restler
2:18:51
Everybody wants to answer all the questions.
UNKNOWN
2:18:53
So so that's with the way that the law is is drafted, right, each of the 11 definition is very specific.
2:19:00
Right?
2:19:01
It picks it's list a target and a list of activity.
2:19:06
So we're and then there are 11 exclusions.
2:19:08
Right?
2:19:08
So that's what makes it so complicated.
2:19:10
So we're they're only required to report exactly what's listed.
2:19:15
That's why we always say, you know, there's no such thing as illegal lobbying.
2:19:18
You know, there's plenty of lobbying that is not captured.
2:19:21
It's a question of it's a question of what's reportable.
2:19:27
So our admin code does not capture indirect temp salami.
2:19:32
So in in that certain circumstance, it would depend on who what or what agency is making the determination and how those determinations are made.
2:19:44
For example, is there a pending rule?
2:19:46
Is it a matter of a contract public funds.
David Carr
2:19:49
Right.
UNKNOWN
2:19:49
Or is it a matter of limited discretion per existing laws, rules, and regulations?
2:19:55
And in those situations, there are exclusions for what is termed to be in a judicatory determination.
2:20:01
So that's what makes the that's the hardest question that we get ironically.
2:20:05
Like, what is this lobbying?
2:20:06
That's the most complicated.