Applicable Law

Lobbyists, lobbying firms and lobbyist employers are regulated by two main provisions, California Public Utilities Code Section 130051.18 and METRO Administrative Code Chapter 5-25. These provisions are found below, or may be obtained in PDF format by clicking here.

Please note: bidders, contractors, and persons seeking to do business with the MTA may also be subject to other provisions of law, including but not limited to, Public Utilities Code Section 130051, et seq., the METRO Contractor's Code of Conduct, and miscellaneous provisions in the California Government Code.
 
Public Utilities Code
Section 130051.18
MTA Administrative Code
Lobbyist Provisions
Definitions Chapter 1-05: Interpretation
Registration Chapter 5-05: General Provisions and Definition
Record Keeping Chapter 5-25: Lobbying the MTA
Activity Expenses 5-25-010: Registration and Fees
Quarterly Reports 5-25-020: Lobbyist Registration Statement
Gift Prohibitions

5-25-030: Lobby Firm Registration Statement

Miscellaneous Prohibitions 5-25-040: Lobbyist Employer Registration
Penalties 5-25-050: Mandatory Record Keeping
Exemptions 5-25-060: Quarterly Reports
Post Employment Restrictions 5-25-070: Lobbyist Quarterly Report
5-25-080: Lobbying Firm Quarterly Report
5-25-090: Lobbyist Employer Quarterly Report
5-25-100: Registration Statement and Quarterly Report Amendments
5-25-110: Filing Method
5-25-120: Retention Period
5-25-130: Gift Restrictions
5-25-140: Other Prohibitions
5-25-150: Prohibitions Related to Procurements
5-25-160: Lobbying on Behalf of METRO
5-25-170: Lobbying by METRO Officials or Staff to Board Members
5-25-180: Termination of Lobbying Activities
5-25-190: Non-Applicability
5-25-200: Enforcement
5-25-210: Sanctions for Violations of this Chapter
5-25-220: Procedures for Imposing Certain Sanctions

PUBLIC UTILITIES CODE SECTION 130051.18

Prior to the approval of any contract by the Los Angeles County Metropolitan Transportation Authority, or by any organizational unit of the authority, the authority shall adopt and implement an ordinance for the regulation of lobbying that shall include, at a minimum, the provisions of this section.

(a) DEFINITIONS. For purposes of this section, the following terms are defined as follows:

(1) "Activity expense" means any expense incurred, or payment made, by a lobbyist, lobbying firm, or lobbyist employer, or arranged by a lobbyist, lobbying firm, or lobbyist employer, that benefits in whole or in part any authority official or a member of the immediate family of an authority official.

(2) "Administrative testimony" means influencing or attempting to influence authority action undertaken by any person or entity who does not seek to enter into a contract or other arrangement with the authority by acting as counsel in, appearing as a witness in, or providing written submissions, including answers to inquiries, which become a part of the record of, any proceeding of the authority that is conducted as an open public hearing for which public notice is given.

(3) "Authority" means the Los Angeles County Metropolitan Transportation Authority and all of its organizational units as defined by Section 130051.11.

(4) "Authority action" means the drafting, introduction, consideration, modification, enactment, or defeat of an ordinance, resolution, contract, or report by the governing board of an organizational unit of the authority, or by an authority official, including any action taken, or required to be taken, by a vote of the members of the authority or by the members of the governing board of an organizational unit of the authority, except those actions relating to Article 10 (commencing with Section 30750) of Chapter 5 of Part 3 of Division 10.

(5) "Authority official" means any member of the authority, member of an organizational unit of the authority, or employee of the authority.

(6) "Contribution" means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes. 

An expenditure made at the behest of a candidate, committee, or elected officer is a contribution to the candidate, committee, or elected officer unless full and adequate consideration is received for making the expenditure.

“Contribution" also includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events; the candidate's own money or property used on behalf of his or her candidacy; the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; the payment of compensation by any person for the personal services or expenses of any other person if those services are rendered or expenses are incurred on behalf of a candidate or committee without payment of full and adequate consideration.

"Contribution" also includes any transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received.

"Contribution" does not include amounts received pursuant to an enforceable promise to the extent that those amounts have been previously reported as a contribution. However, the fact that those amounts have been received shall be indicated in the appropriate campaign statement.

"Contribution" does not include a payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant's home or office if the costs for the meeting or fundraising event are five hundred dollars ($500) or less.

"Contribution" does not include volunteer personal services or payments made by any individual for his or her own travel expenses if those payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to him or her.

(7) "Employee of the authority" means anyone who receives compensation from the authority for full-time or part-time employment, and any contractor, subcontractor, consultant, expert, or adviser acting on behalf of, or providing advice to, the authority.

(8) "Filing officer" means the individual designated by the authority with whom statements and reports required by this section shall be filed.

(9) "Lobbying" means influencing or attempting to influence authority action through direct or indirect communication, other than administrative testimony, with an authority official.

(10) "Lobbying firm" means any business entity, including an individual lobbyist, that meets either of the following criteria:

(A) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, for the purpose of influencing authority action on behalf of any other person, if any partner, owner, officer, or employee of the business entity is a lobbyist.

(B) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, to communicate directly with any agency official for the purpose of influencing authority action on behalf of any other person, if a substantial or regular portion of the activities for which the business entity receives compensation is for the purpose of influencing authority action.

(11) "Lobbyist" means any individual who receives any economic consideration, other than reimbursement for reasonable travel expenses, for lobbying, including consultants and officers or employees of any business entity seeking to enter into a contract with the authority.

(12) "Lobbyist employer" means any person, other than a lobbying firm, who does either of the following:

(A) Employs one or more lobbyists for the purpose of influencing authority action.

(B) Contracts for the services of a lobbying firm for economic consideration for the purpose of influencing authority action.

(b) REGISTRATION

(1) Lobbyists, lobbying firms, and lobbyist employers shall register with the filing officer within 10 days after qualifying as a lobbyist, lobbying firm, or lobbyist employer. Registration shall be completed prior to the commencement of lobbying by the lobbyist. Registration shall include the filing of a registration statement, and the payment of any fees authorized by this section. Registration shall be renewed annually by the filing of a new registration statement and the payment of a fee.

(2) Each lobbyist, lobbying firm, and lobbyist employer required to register under this section may be charged a fee by the authority in an amount necessary to pay the direct costs of implementing this section.

(3) CONTENTS OF LOBBYIST REGISTRATION STATEMENTS. The lobbyist registration statement shall include all of the following:

(A) The name, address, and telephone number of the lobbyist.

(B) For each person from whom the lobbyist receives compensation to provide lobbying services, all of the following:

(i) The full name, business address, and telephone number of the person.

(ii) A written authorization signed by the person.

(iii) The time period of the contract or employment agreement.

(iv) The lobbying interests of the person.

(C) A statement signed by the lobbyist certifying that he or she has read and understands the prohibitions contained in subdivisions (f) and (g).

(4) CONTENTS OF LOBBYING FIRM REGISTRATION STATEMENTS. The registration statement of a lobbying firm shall include all of the following:

(A) The full name, business address, and telephone number of the lobbying firm.

(B) A list of the lobbyists who are partners, owners, officers, or employees of the lobbying firm.

(C) For each person with whom the lobbying firm contracts to provide lobbying services, all of the following:

(i) The full name, business address, and telephone number of the person.

(ii) A written authorization signed by the person.

(iii) The time period of the contract.

(iv) Information sufficient to identify the lobbying interests of the person.

(D) A statement signed by the designated responsible person that he or she has read and understands the prohibitions contained in subdivisions (f) and (g).

(5) CONTENTS OF LOBBYIST EMPLOYER REGISTRATION STATEMENTS The registration statement of a lobbyist employer shall include all of the following:

(A) The full name, business address, and telephone number of the lobbyist employer.

(B) A list of the lobbyists who are employed by the lobbyist employer.

(C) The lobbying interests of the lobbyist employer, including identification of specific contracts or authority actions.

(D) A statement signed by the designated responsible person that he or she has read and understands the prohibitions contained in subdivisions (f) and (g).

(6) (A) AMENDMENTS. The registration statement may be amended within 10 days of a change in the information included in the statement. However, if the change includes the name of a person by whom a lobbyist is retained, the registration statement shall be amended to show that change prior to the commencement of lobbying by the lobbying firm or the lobbyist.

(B) TERMINATION. Lobbying firms and lobbyist employers upon ceasing all lobbying activity that required registration shall file a notice of termination within 30 days after the cessation.

(C) Lobbyists and lobbyist firms are subject to subdivisions (f) and (g) for 12 months after filing a notice of termination.

(c) RECORD KEEPING. Lobbyists, lobbying firms, and lobbyist employers that receive payments, make payments, or incur expenses, or expect to receive payments, make payments, or incur expenses, in connection with activities that are reportable pursuant to this section shall keep detailed accounts, records, bills, and receipts for four years, and shall make them reasonably available for inspection for the purposes of auditing for compliance with, or enforcement of, this section.

(d) REPORTING OF ACTIVITY EXPENSES. When a person is required to report activity expenses pursuant to this section, all of the following information shall be provided:

(1) The date and amount of each activity expense.

(2) The full name and official position, if any, of the beneficiary of each expense, a description of the benefit, and the amount of the benefit.

(3) The full name of the payee of each expense if other than the beneficiary.

(e) QUARTERLY REPORTS.

(1) LOBBYING FIRM. A lobbying firm shall file a periodic report containing all of the following:

(A) The full name, address, and telephone number of the lobbying firm.

(B) The full name, business address, and telephone number of each person who contracted with the lobbying firm for lobbying services, a description of the specific lobbying interests of the person, and the total payments, including fees and the reimbursement of expenses, received from the person for lobbying services during the reporting period.

(C) A copy of the periodic report completed and verified by each lobbyist in the lobbying firm pursuant to paragraph (2).

(D) Each activity expense incurred by the lobbying firm, including those reimbursed by a person who contracts with the lobbying firm for lobbying services.

(E) The date, amount, and the name of the recipient of any contribution of one hundred dollars ($100) or more made by the filer to an authority official.

(2) LOBBYIST. A lobbyist shall complete and verify a periodic report, and file his or her report with the filing officer, and a copy of the report with his or her lobbying firm or lobbyist employer. The periodic report shall contain all of the following:

(A) A report of all activity expenses by the lobbyist during the reporting period.

(B) A report of all contributions of one hundred dollars ($100) or more made or delivered by the lobbyist to any authority official during the reporting period.

(3) LOBBYIST EMPLOYER. A lobbyist employer shall file a periodic report containing all of the following:

(A) The name, business address, and telephone number of the lobbyist employer.

(B) The total amount of payments to each lobbying firm.

(C) The total amount of all payments to lobbyists employed by the filer.

(D) A description of the specific lobbying interests of the filer.

(E) A periodic report, completed and verified by each lobbyist employed by a lobbyist employer pursuant to paragraph (1) of subdivision (e).

(F) Each activity expense of the filer and a total of all activity expenses of the filer.

(G) The date, amount, and the name of the recipient of any contribution of one hundred dollars ($100) or more made by the filer to an authority official.

(H) The total of all other payments to influence authority action.

(4) REPORT DEADLINE/COPIES/RETENTION BY AUTHORITY

(A) The periodic reports shall be filed within 30 days after the end of each calendar quarter. The period covered shall be from the beginning of the calendar year through the last day of the calendar quarter prior to the 30-day period during which the report is filed, except that the period covered by the first report a person is required to file shall begin with the first day of the calendar quarter in which the filer first registered or qualified.

(B) The original and one copy of each report shall be filed with the filing officer, retained by the authority for a minimum of four years, and available for inspection by the public during regular working hours.

(f) GIFT PROHIBITIONS

(1) It is unlawful for a lobbyist, a lobbying firm, or a lobbyist employer to make gifts to an authority official aggregating more than ten dollars ($10) in a calendar month, to act as an agent or intermediary in the making of any gift, or to arrange for the making of any gift by any other person.

(2) It is unlawful for any authority official knowingly to receive any gift that is made unlawful by this section. For the purposes of this subdivision, "gift" has the same meaning as defined in Section 130051.17.

(g) MISCELLANEOUS PROHIBITIONS. No lobbyist or lobbying firm shall do any of the following:

(1) Do anything with the purpose of placing an authority official under personal obligation to the lobbyist, the lobbying firm, or the employer of the lobbyist or lobbying firm.

(2) Deceive or attempt to deceive any authority official with regard to any material fact pertinent to any authority action.

(3) Cause or influence any authority action for the purpose of thereafter being employed to secure its passage or defeat.

(4) Attempt to create a fictitious appearance of public favor or disfavor of any authority action, or cause any communications to be sent to any authority official in the name of any fictitious person or in the name of any real person, except with the consent of that real person.

(5) Represent falsely, either directly or indirectly, that the lobbyist or the lobbying firm can control any authority official.

(6) Accept or agree to accept any payment that is contingent upon the outcome of any authority action.

PENALTIES

(h) Any person who knowingly or willfully violates any provision of this section is guilty of a misdemeanor.

(i) The District Attorney of the County of Los Angeles is responsible for the prosecution of violations of this section.

(j) Any person who violates any provision of this section is liable in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction of the authority for an amount up to five hundred dollars ($500), or three times the amount of an unlawful gift or expenditure, whichever amount is greater.

(k) The authority shall reject any bid or other proposal to enter into a contract with the authority by any person or entity that has not complied with the registration and reporting requirements of this section.

(l) EXEMPTIONS. The provisions of this section are not applicable to any of the following:

(1) An elected public official who is acting in his or her official capacity to influence authority action.

(2) Any newspaper or other periodical of general circulation, book publisher, radio or television station that, in the ordinary course of business, publishes or broadcasts news items, editorials, or other documents, or paid advertisement, that directly or indirectly urges authority action, if the newspaper, periodical, book publisher, radio or television station engages in no further or other activities in connection with urging authority action other than to appear before the authority in support of, or in opposition to, the authority action.

(m) POST-EMPLOYMENT. No former authority official shall become a lobbyist for a period of one year after leaving the authority.

__________________________________________________________________

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

ADMINISTRATIVE CODE

LOBBYIST PROVISIONS

Title 1

Chapter 1-05

Interpretation

1-05-010 Severability. If any section, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The METRO Board of Directors hereby declares that it would have adopted this code, and each section, subsections, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall remain in full force and effect.

1-05-020 Provisions Not Affected By Headings. Title, chapter and section headings contained in the provisions of this code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof.

1-05-030 Construction of Terms – Tenses. Within this code, unless the text clearly provides otherwise, the present tense includes the past and the future tenses and the future tense includes the present.

1-05-040 Construction of Terms – Gender. Within this code, unless the text clearly provides otherwise, the masculine gender includes the feminine, and the feminine gender includes the masculine.

1-05-050 Construction of Terms – Number. Within this code, unless the text clearly provides otherwise, the singular includes the plural, and the plural includes the singular.

1-05-060 Construction of Terms – Shall and May. Within this code, the word “shall” is mandatory, and the word “may” is permissive.


Title 5

Chapter 5-05

General Provisions and Definitions

 

5-05-010 Codes of Conduct. This title sets forth the codes of conduct for METRO officers and employees and for those doing business with the METRO. The Ethics Officer is authorized to prepare and publish informational materials describing the requirements of this title in a readily understandable format and to make copies of such informational materials available to all affected and interested persons.

5-05-020 Waiver. Any provision of this title not mandated by statute may be waived by the Board of Directors if it finds, based upon the facts applicable in a particular instance, that such a waiver is in the best interest of the METRO.

5-05-030 Definitions. The terms used in this title shall be construed as definedin this chapter.

5-05-040 Activity Expense. “Activity Expense" means any expense incurred or payment made by a lobbyist, lobbying firm, or lobbyist employer, or arranged by a lobbyist, lobbying firm, or lobbyist employer, that benefits in whole or in part any METRO official, or a member of the immediate family of an METRO official. Activity expenses include, but are not limited to, contributions made to office holder accounts and to committees controlled by an METRO official and gifts.

5-05-050 Administrative Testimony. “Administrative testimony” means influencing or attempting to influence METRO action undertaken by any person or entity who does not seek to enter into a contract or other arrangement with the METRO by acting as counsel in, appearing as a witness in, or providing written submissions, including answers to inquiries, which become a part of the record of any proceeding of the METRO that is conducted as an open public hearing for which public notice is given.

5-05-060 Board Member. “Board Member” means a member of the METRO Board of Directors.

5-05-070 Campaign Contribution and Contribution. “Campaign contribution” and “contribution” have the same meaning as the term “contribution” as defined in Government Code Section 82015.

5-05-080 Consultant. “Consultant” has the same meaning as set forth in Title 2 California Code of Regulations, Section 18701(a)(2).

5-05-090 Contractor. “Contractor” means any construction company, engineering firm, consultant, legal firm, or any company, supplier, or business entity who is presently engaging in any business with the METRO or any owner or employee of such entities and all entities who have submitted a bid or proposal for an METRO contract. "Contractor" shall also include any consultant and any subcontractor to a contractor.

5-05-100 Designated METRO Employee. “Designated METRO Employee means an METRO official whose position with the METRO entails the making or the participation in the making of decisions which could foreseeably have a material effect on a financial interest of that official. Such persons are designated in the MTA’s Conflict of Interest Code.

5-05-110 Financial Interest. “Financial interest” on the part of a Board Member which would preclude participation in an METRO decision means any interest which would constitute a financial interest under subdivision (c) Public Utilities Code Section 130700. “Financial interest” on the part of an METRO employee which would preclude participation in an METRO decision means any interest which would constitute a financial interest under Government Code Section 87103 and any regulations of the California Fair Political Practices Commission interpreting that section.

5-05-120 Gift. “Gift” has the same meaning as set forth in Government Code Section 82028 and any regulations of the California Fair Political Practices Commission interpreting that section.

5-05-130 Lobbying and Lobbyist Services. “Lobbying” and “lobbyist services” mean any action by a lobbyist or lobbying firm to influence or attempt to influence METRO action through direct or indirect communication, other than administrative testimony, with an METRO official.

5-05-140 Lobbying Firm. “Lobbying firm” means any business entity, including an individual lobbyist, that meets either of the following criteria:

A. The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, for the purpose of influencing METRO action on behalf of any other person, and any partner, owner, officer, or employee of the business entity is a lobbyist; or

B. The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, to communicate directly with any METRO official for the purpose of influencing METRO action on behalf of any other person, if a substantial or regular portion of the activities for which the business entity receives compensation is for the purpose of influencing METRO action.

5-05-150 Lobbyist. “Lobbyist” means any individual who receives any economic consideration, other than reimbursement for reasonable travel expenses, for lobbying, including consultants and officers or employees of any business entity seeking to enter into a contract with the METRO.

5-05-160 Lobbyist Employer. “Lobbyist employer” means any person, other than a lobbying firm, who does either of the following:

A. Employs one or more lobbyists for the purpose of influencing METRO action; or

B. Contracts for the services of a lobbyist or lobbying firm for economic consideration for the purpose of influencing METRO action.

5-05-170 METRO Action. “MTA action” means the drafting, introduction, consideration, modification, enactment, or defeat of an ordinance, resolution, contract, or report by the governing board of an organizational unit of the METRO, or by an METRO official, including any action taken, or required to be taken, by a vote of the Board of Directors, or by the members of the governing board of an organizational unit of the METRO, except those actions relating to Article 10 of Chapter 5 of Part 3 of Division 10 (commencing with Section 30750) of the Public Utilities Code.

5-05-180 METRO Employee. “MTA employee” means any individual, including a consultant who receives compensation from the METRO for full or part-time employment. The term METRO employee includes a "designated METRO employee".

5-05-190 METRO Official. “MTA official” means any Board Member or member of an organizational unit of the METRO, or METRO employee.

5-05-200 Official Responsibility. “Official responsibility” means the direct administrative or operating duties for the METRO, whether intermediate or final, and whether exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct METRO action.

5-05-210 Person. “Person” has the same meaning as set forth in Government Code Section 82047.

5-05-220 Public Official. “Public official” has the same meaning as set forth in Government Code Section 82048.

5-05-230 Signed. “Signed” means executed or adopted, with the present intention to authenticate and affirm, using either:

A. A handwritten signature; or

B. An electronic sound, symbol, or process unique to the filer and assigned by the Ethics Officer, which is attached to or logically associated with the filing of a report or statement using the MTA’s electronic filing system.

5-05-240 Significant Other. “Significant other” means an individual with whom an METRO official participates in a dating relationship.

Title 5

Chapter 5-25

Lobbying the MTA

5-25-010 Registration and Fees.

A. Each lobbyist, lobbying firm, and lobbyist employer shall register in writing with the Ethics Officer within ten (10) days after qualifying as a lobbyist, lobbying firm, or lobbyist employer. Registration shall be completed prior to the commencement of lobbying. Registration shall include the filing of a registration statement, and the payment of such fees as are authorized by this section. Registration shall be renewed annually by January 15 of each succeeding year by the filing of a renewal statement and the payment of the required fees.

B. Each lobbyist, lobbying firm, and lobbyist employer required by this section to register and to file an annual renewal statement may be charged a fee for each filing in an amount sufficient to cover the direct costs of implementing this chapter as determined by the Ethics Officer. Failure to pay any such fee when due shall be a violation of this chapter.

5-25-020 Lobbyist Registration Statement. The registration and renewal statements for each lobbyist shall include all of the following:

A. The name, business address, e-mail address and telephone number of the lobbyist; and

B. For each person or company from whom the lobbyist receives compensation to provide lobbying services, all of the following:

1. The full name, business address, e-mail address and telephone number of the person or company;

2. The time period of the contract or employment agreement;

3. The lobbying interests of the person or company;

4. A written, signed statement authorizing the lobbyist to lobby the METRO on behalf of that person or company; and

5. A statement signed by the lobbyist certifying that he or she has read and understands and will comply with the requirements and restrictions contained in this chapter.

5-25-030 Lobby Firm Registration Statement. The registration and renewal statements for each lobbying firm shall include all of the following:

A. The full name, business address, e-mail address and telephone number of the lobbying firm;

B. A list of the lobbyists who are partners, owners, officers, or employees of the lobbying firm; and

C. For each person or company with whom the lobbying firm contracts to provide lobbying services, the following:

1. The full name, business address, e-mail address and telephone number of the person or company;

2. The time period of the contract;

3. Information sufficient to identify the lobbying interests of the person or company;

4. A written, signed statement authorizing the lobbying firm to lobby the METRO on behalf of that person or company; and

5. A statement signed by the designated responsible person that he or she has read and will comply with the requirements and restrictions contained in this chapter.

5-25-040 Lobbyist Employer Registration Statement. The registration and renewal statement for each lobbyist employer shall include all of the following:

A. The full name, business address, e-mail address and telephone number of the lobbyist employer;

B. A list of the lobbyists or lobbying firms who are employed by the lobbyist employer;

C. The lobbying interests of the lobbyist employer, including identification of specific contracts or METRO actions; and

D. A statement signed by the designated responsible person that he or she has read and will comply with the requirements and restrictions contained in this chapter.

5-25-050 Mandatory Record Keeping. Lobbyists, lobbying firms, and lobbyist employers that make offers, receive payments, make payments, or incur expenses or expect to receive payments, make payments, or incur expenses in connection with activities which are reportable pursuant to this section, shall keep all statements and reports filed pursuant to this chapter together with detailed accounts, records, bills, and receipts, for a period of four (4) years and make them reasonably available for inspection for the purposes of auditing for compliance with, or enforcement of, this chapter.

5-25-060 Quarterly Reports. Each lobbyist, lobbying firm, and lobbyist employer shall file with the Ethics Officer a written quarterly report as set forth in this chapter within thirty (30) days after the end of each calendar quarter. The period covered by the first quarterly report of a lobbyist, lobbying firm, or lobbyist employer shall begin with the first day of the calendar quarter in which the filer first registered or qualified and shall end with the last day of the calendar quarter for which the report is being made. Thereafter, except as otherwise provided in this chapter, the period covered by a quarterly report shall be from the beginning of the calendar year through the last day of the calendar quarter for which the report is being made. Each quarterly report shall include a signed statement certifying that the information contained in the report is a true and complete disclosure of the information required to be reported under this chapter.

5-25-070 Lobbyist Quarterly Report. Each lobbyist shall complete a quarterly report, which shall be signed and filed with the Ethics Officer, which shall contain all of the following:

A. The full name, business address, e-mail address and telephone number of each person or company who contracted with the lobbyist for lobbying services and each other person or entity on whose behalf the lobbyist attempted to influence METRO action, even if the lobbyist is compensated for such efforts by another person. The lobbyist shall also include a description of the specific lobbying interests of the person or company, and the total payments, including fees and the reimbursement of expenses, received from the person or company for lobbying services during the reporting period. If the lobbyist lobbied on a specific contract, the lobbyist shall disclose the contract number and describe in detail the nature of the contract. The lobbyist shall also disclose payments received for lobbying on a specific contract; and

B. A report of all activity expenses by the lobbyist during the reporting period, including:

1. The date and amount of each activity expense;

2. The full name and official position, if any, of the beneficiary of each expense, a description of the benefit and the amount of the benefit; and

3. The full name of the payee of each expense if other than the beneficiary; and

4. The date, amount, name of the recipient, including the name of the recipient account or committee, for all contributions of ten dollars ($10) or more made or delivered by the lobbyist to an METRO official during the reporting period. Each time a new Board Member is seated during a calendar quarter, the quarterly report for that calendar quarter shall include the information required by this paragraph as to that new Board Member for that calendar quarter and for the immediately preceding four (4) years.

5-25-080 Lobbying Firm Quarterly Report. Each lobbying firm shall complete a quarterly report, which shall be signed and filed with the Ethics Officer, which shall contain all of the following:

A. The full name, business address, e-mail address and telephone number of the lobbying firm;

B. The full name, business address, e-mail address and telephone number of each person or company who contracted with the lobbying firm for lobbying services, a description of the specific lobbying interests of the person or company, and the total payments, including fees and the reimbursement of expenses, received from the person or company for lobbying services during the reporting period. If the lobbying firm lobbies for a specific contract or retains a lobbyist to lobby a specific contract, the lobbying firm shall disclose the contract number and describe in detail the nature of the contract;

C. A report of all activity expenses by the lobbying firm during the reporting period, including:

1. The date and amount of each activity expense;

2. The full name and official position, if any, of the beneficiary of each expense, a description of the benefit and the amount of the benefit; and

3. The full name of the payee of each expense if other than the beneficiary; and

4. The date, amount, name of the recipient, including the name of the recipient account or committee, for all contributions of ten dollars ($10) or more made or delivered by the lobbying firm to an METRO official during the reporting period. Each time a new Board Member is seated during a calendar quarter, the quarterly report for that calendar quarter shall include the information required by this paragraph as to that new Board Member for that calendar quarter and for the immediately preceding four (4) years.

5-25-090 Lobbyist Employer Quarterly Report. Each lobbyist employer shall complete a quarterly report, which shall be signed and filed with the Ethics Officer, which shall contain all of the following:

A. The name, business address, e-mail address and telephone number of the lobbyist employer;

B. The total amount of payments to each lobbying firm;

C. The total amount of all payments to lobbyists employed by the filer;

D. A description of the specific lobbying interests of the filer. If the lobbyist employer has contracted with a lobbying firm or lobbyist to lobby a specific contract, the lobbyist employer shall disclose the contract number and describe in detail the nature of the contract. The lobbyist employer shall also disclose the amount of money paid to a lobbying firm or lobbyist to lobby the specific contract;

E. A report of all activity expenses by the lobbyist employer during the reporting period, including:

1. The date and amount of each activity expense;

2. The full name and official position, if any, of the beneficiary of each expense, a description of the benefit and the amount of the benefit; and

3. The full name of the payee of each expense if other than the beneficiary.

4. The date, amount, name of the recipient, including the name of the recipient account or committee, for all contributions of ten dollars ($10) or more made or delivered by the lobbyist employer to an METRO official during the reporting period. Each time a new Board Member is seated during a calendar quarter, the quarterly report for that calendar quarter shall include the information required by this paragraph as to that new Board Member for that calendar quarter and for the immediately preceding four (4) years; and

F. The total of all other payments to influence METRO action.

5-25-100 Registration Statement and Quarterly Report Amendments. Each registration and renewal statement and each quarterly report shall be amended in writing within ten (10) days of a change in the information included in the statement, or of the discovery of information that was omitted or incorrectly reported on a quarterly report. However, if the change includes the name of a person by whom a lobbyist or lobbying firm is retained, the registration statement shall be amended to show that change prior to the commencement of lobbying by the lobbying firm or the lobbyist.

5-25-110 Filing Method. Any written statement or report required to be filed, or payment required to be made, pursuant to this chapter shall be filed in the format and form of payment, including the electronic media type or other means, specified by the Ethics Officer unless the Ethics Officer waives such requirement in writing upon demonstration of a significant hardship by the filer.

5-25-120 Retention Period. Each registration and renewal statement and each quarterly report required to be filed with the Ethics Officer pursuant to this chapter shall be retained by the METRO for a minimum of four (4) years, and shall be available for inspection by the public during regular working hours. A computer printout of any electronically filed statement or report shall be treated as an original for purposes of admissibility in any court or other proceeding.

5-25-130 Gift Restrictions.

A. No lobbyist, lobbying firm or lobbyist employer shall make any gifts to any MTA official aggregating more than ten dollars ($10) in a calendar month, or act as an agent or intermediary in the making of any gift, or arrange for the making of any gift by any other person.

B. No METRO official shall knowingly receive any gift which is prohibited by this chapter.

5-25-140 Other Prohibitions. No lobbyist or lobbying firm shall do any of the following:

A. Take any action with the purpose of placing an METRO official under personal obligation to the lobbyist, the lobbying firm, or the lobbyist's or the lobbying firm's employer;

B. Deceive or attempt to deceive any METRO official with regard to any material fact pertinent to any METRO action;

C. Cause or influence any METRO action for the purpose of thereafter being employed to secure its passage or defeat;

D. Attempt to create a fictitious appearance of public favor or disfavor of any METRO action, or cause any communications to be sent to any METRO official in the name of any fictitious person, or in the name of any real person except with the consent of that real person;

E. Represent, either directly or indirectly, that the lobbyist or the lobbying firm can control any METRO official;

F. Accept or agree to accept any payment that is contingent upon the outcome of any METRO action; or

G. Make or direct any payment, directly or indirectly, which is prohibited by Public Utilities Code Section 130051.20 or Government Code Section 84308.

5-25-150 Prohibitions Related to Procurements.

A. Commencing with the issuance of a Request for Proposals (RFP), a Request for Information and Qualifications (RFIQ), or an Invitation for Bids (IFB), and ending on the date the staff recommendation for award is made public, no lobbyist representing a person or entity submitting a proposal in response to the RFP, RFIQ or IFB shall contact by any means or engage in any discussion concerning the award of the contract with any METRO official or any staff to a Board Member. Any such contact shall be grounds for the disqualification of the proposer.

B. During price negotiations of non-low bid contracts, lobbyists shall not contact, lobby or otherwise attempt to influence METRO officials or any staff to a Board Member, other than negotiation team members, relative to any aspect of the contract under negotiation. This provision shall apply from the time of award until the recommendation for execution of the contract is made public. Any concerns relative to any contract under negotiation shall be communicated only to the CEO for resolution.

C. A lobbyist representing a person or entity who submitted a proposal or bid in response to the RFP, RFIQ, or IFB shall not contact a Board Member or his or her staff regarding a protest submitted regarding the recommended contract award or any lawsuit or potential lawsuit regarding the recommended contract award or any issue relating to the underlying procurement.

5-25-160 Lobbying on Behalf of METRO. Any person or entity who receives compensation pursuant to a contract or subcontract to lobby on behalf of, or otherwise represent the METRO, shall be prohibited from lobbying the METRO on behalf of any person or entity.

5-25-170 Lobbying By METRO Officials or Staff to Board Members. No METRO official or person who is staff to a Board Member shall lobby the METRO until one year after leaving the METRO or after ceasing to be staff to a Board Member.

5-25-180 Termination of Lobbying Activities.

A. Lobbying firms and lobbyist employers upon ceasing all lobbying activity which required registration shall file a notice of termination within thirty (30) days after the cessation.

B. Lobbyists and lobbying firms shall remain subject to the prohibitions of this chapter for twelve (12) months after filing a notice of termination.

5-25-190 Non-Applicability. The provisions of this ordinance are not applicable to any of the following:

A. An elected public official who is acting in his or her official capacity to influence METRO action; or

B. Any newspaper or other periodical of general circulation, book publisher, radio or television station which, in the ordinary course of business, publishes or broadcasts news items, editorials, or other documents, or paid advertisement, that directly or indirectly urges METRO action, if the newspaper, periodical, book publisher, radio or television station engages in no further or other activities in connection with urging METRO action other than to appear before the METRO in support of, or in opposition to the METRO action.

5-25-200 Enforcement. The Inspector General is authorized to investigate alleged violations of this chapter. The Ethics Officer is authorized to assess a late fee and/or to terminate a registration for failure to timely file statements or reports or to timely pay the required fees. The Ethics Officer is authorized to waive any penalty for a late filing upon a showing that the late filing was not willful or that the enforcement of a penalty for the late filing would otherwise not further the purposes of this chapter. Both the Inspector General and the Ethics Officer are authorized to make recommendations to the Board of Directors related to the imposition of any other penalty authorized by this chapter for a violation of this chapter.

5-25-210 Sanctions for Violations of this Chapter.

A. Any party committing a violation of this chapter shall be subject to the following possible sanctions:

1. The Ethics Officer may assess a late fee or terminate that party’s registration for failure to timely file any statement or report, or to timely pay any fee, required by this chapter;

2. The party’s bid or other proposal to enter into a contract with the METRO may be rejected;

3. The party may be disqualified from lobbying on the matter related to the violation;

4. The party may be suspended from all METRO lobbying activities for a specific period of time;

5. The party may be permanently prohibited from all METRO lobbying activities;

6. The party may be subject to civil penalty in an amount up to five hundred ($500) dollars, or three times the amount of an unlawful gift or expenditure, whichever is greater, as directed by the court in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction of the METRO.

B. Any sanction imposed for a violation of this chapter shall depend upon the severity of the violation and may be progressive unless the violation is so egregious as to warrant more severe action initially.

C. Any person who knowingly or willfully violates any provision of this chapter is guilty of a misdemeanor.

D. The District Attorney of the County of Los Angeles is authorized to bring civil or criminal prosecutions for violations of this chapter.

5-25-220 Procedures for Imposing Certain Sanctions. Before the imposition of a sanction authorized by section 5-25-210, other than a criminal prosecution or a sanction under paragraphs A.1. or A.6. of section 5-25-210, the following procedures should be followed:

A. Information relating to the alleged violation shall be forwarded to the Inspector General for investigation;

B. Upon completion of the investigation, the Inspector General shall submit his or her findings to the Board of Directors for review;

C. The Board of Directors, or such person or body as may be designated by the Chair of the Board of Directors, shall hold an administrative hearing relating to the alleged violation. Any entity may submit evidence in support of or in opposition to the allegations;

D. If the Board of Directors or its designee finds that a violation of this chapter has occurred, it shall decide the appropriate sanctions to impose. The decision of a designee of the Board of Directors shall be forwarded to the Board of Directors for approval. The decision of the Board of Directors shall be final.

E. The imposition of any sanction, or the failure to impose a sanction, by the Board of Directors shall not preclude the imposition of a late fee, the termination of a registration or the imposition of any criminal or civil penalty authorized by this chapter.