§ 2-356. Definitions.

As used in this section only, the following words and phrases have the meaning ascribed to them, unless the context requires otherwise:

City official means the mayor, members of the city council, municipal court judges and assistant municipal court judges, the city manager, deputy city manager, assistant city managers, city secretary, department directors, assistant department directors, internal auditor and assistant internal auditor; city finance director, and members of the following boards and commissions: firefighter's and police official's civil service commission; ethics commission, civil service commission; parks and leisure advisory committee, third party funding committee, charter review commission, civil service commission, historical district landmark board or any decision-making board.

City question means a public policy issue of a discretionary nature pending or impending before city council or any board or commission, including, but not limited to, proposed action, 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 "city question" does not include the day-to-day application, administration, or execution of city programs, policies, ordinances, resolutions, or practices, including matters that may be approved administratively without consideration by a board, a commission, or the city council.

Client means any person on whose behalf lobbying is conducted. If a person engages in lobbying on that person's own behalf, whether directly or through the acts of others, the person is both a client and a lobbyist (as defined below. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members.

Compensation means money or any 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 the financial gain that a person may realize as a result of the determination of a city question, unless that gain is in the form of a contingent fee. If a lobbyist engages in both lobbying activities and other activities on behalf of a person, compensation for lobbying includes all amounts received from that person, if, for the purpose of evading the obligations imposed under this section, the lobbyist has structured the receipt of compensation in a way that unreasonably minimizes the value of the lobbying activities. Compensation does not include a payment made to any individual regularly employed by a person if:

(1)

The payment ordinarily would be made regardless of whether the individual engaged in lobbying activities; and

(2)

Lobbying activities are not part of the individual's regular responsibilities to the person making the payment.

Expenditure means a payment, distribution, loan, advance, reimbursement, deposit, or gift of money or anything of value, including a contract, promise, or agreement to make the expenditure, regardless of whether such contract, promise, or agreement is legally enforceable. The date on which expenditure is incurred is determined according to generally accepted accounting principles. Expenditure does not include an amount paid to any person regularly employed by a person if:

(1)

The amounts paid to the individual are ordinarily paid regardless of whether the individual engages in lobbying activities; and

(2)

Lobbying activities are not part of the individual's regular responsibilities to the person making the payment.

Gift has the same meaning as in section 2-312 (definitions).

Immediate family means a spouse and dependent children.

Knowingly has the same meaning as in section 2-312 (definitions)

Lobby or lobbying , except as provided below, means 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 city question. The term "lobby" or "lobbying" does not include a communication:

(1)

Made by a public official or employee (including, but not limited to, an official or employee of the City of Laredo) acting in his or her official capacity;

(2)

Made by representative of a media organization if the purpose of the communication is disseminating news and information to the public;

(3)

Made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, or any other medium of mass communication;

(4)

Made at a meeting open to the public under the Open Meetings Act;

(5)

Made in the form of a written comment or any other communication made on the record filed in the course of a public proceeding;

(6)

Made in writing as a petition for official action and required to be a public record pursuant to established city procedures;

(7)

Made in writing to provide information in response to an oral or written request by a city official for specific information;

(8)

The content of which is compelled by law;

(9)

Made in response to a public notice soliciting communications from the public and directed to the official designated to receive such communications;

(10)

Made on behalf of an individual with regard to that individual's employment or benefits;

(11)

Made by a fact witness or expert witness at an official proceeding; or

(12)

Made by a person solely on behalf of that individual, his or her spouse, or his or her minor children.

Lobbying firm means:

(1)

A self-employed lobbyist, or

(2)

A person that has one (1) or more employees who are lobbyists on behalf of a client or clients other than that person.

Lobbyist means a person who engages in lobbying, whether directly or through the acts of another and receives compensation. If an agent or employee engages in lobbying for a principal or employer, both the agent and the principal, or the employee and the employer, are lobbyists.

Person means an individual, corporation, association, firm, partnership, committee, club, organization, or a group of persons voluntarily acting in concert.

Registrant means a person required to register under section 2-357 (persons required to register [as lobbyists]).

(Ord. No. 2012-O-126, § 2(5.01), 9-4-12)