City of Atlanta
Georgia

Ordinance
18-O-1461

****AN ORDINANCE BY COUNCILMEMBERS JENNIFER N. IDE, ANDRE DICKENS, MATT WESTMORELAND, AND AMIR R. FAROKHI AS SUBSTITUTED BY FINANCE/EXECUTIVE COMMITTEE TO AMEND CHAPTER 2, ARTICLE II, DIVISION 5, OF THE CITY OF ATLANTA CODE OF ORDINANCES TO REQUIRE THE MUNICIPAL CLERK TO DEVELOP A PUBLIC, SEARCHABLE, WEB-BASED PORTAL WHEREUPON THE LOBBYISTS WILL BE ABLE TO FILE STATE MANDATED DISCLOSURES, WHERE THE PUBLIC MAY INDEPENDENTLY SEARCH FOR AND DOWNLOAD AND SUCH DISCLOSURE FORMS, AND TO REQUIRE THAT THE MUNICIPAL CLERK SHALL INCLUDE INSTRUCTIONS ON HOW MEMBERS OF THE PUBLIC MAY FILE COMPLAINTS OF VIOLATIONS OF THE STATE LAW APPLICABLE TO LOBBYISTS ON THE MUNICIPAL CLERK’S WEBSITE; TO AMEND CHAPTER 2, ARTICLE VII, DIVISION 2, OF THE CITY OF ATLANTA CODE OF ORDINANCES TO REQUIRE THE ETHICS OFFICER TO CONDUCT MANDATORY ANNUAL TRAINING ON THE STATE LAW REQUIREMENTS RELATED TO LOBBYING ON MUNICIPAL AFFAIRS TO CERTAIN CITY OFFICIALS, OFFICERS AND EMPLOYEES; TO AMEND CHAPTER 2, ARTICLE X, DIVISION 1, OF THE CITY OF ATLANTA CODE OF ORDINANCES TO REQUIRE THE CHIEF PROCUREMENT OFFICER DRAFT AND INCLUDE NOTICE OF THE STATE LAW REQUIREMENTS RELATED TO LOBBYING ON MUNICIPAL AFFAIRS ON ALL CONTRACTS AND SOURCE SELECTION FORMS PREPARED BY THE DEPARTMENT OF PROCUREMENT; AND FOR OTHER PURPOSES.

Information

Department:Office of Research and Policy AnalysisSponsors:Councilmember, District 6 Jennifer N Ide
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout

Item Discussion

(Favorable on Substitute by Finance/Executive Committee 8/29/18.) (Held 9/4/18 by Committee for further discussion and additional information.)

 

Body

WHEREAS, state law prohibits lobbyists, as defined by state law, unless such a person is registered with the Georgia Government Transparency and Campaign Finance Commission, (the Commission), as a lobbyist (OCGA Secs. 21-5-70(5)(E), 21-5-71(a)(1)); and

 

WHEREAS, this registration requirement applies to persons engaged in lobbying activity to promote or oppose the passage of any ordinance or resolution by the Atlanta City Council (OCGA Secs. 21-5-70(5)(E), 21-5-3(22)(G); and

 

WHEREAS, in addition to their reporting requirements to the Commission, state law requires that lobbyists file a disclosure report with the municipal clerk a disclosure report wherein any lobbying expenditures relating to municipal affairs must be disclosed (OCGA Sec. 21-5-73(c)(2)); and

 

WHEREAS, such disclosure reports are public records subject to public disclosure in accordance with the Georgia Open Records Act (OCGA Sec. 50-18-70, et seq.); and

 

WHEREAS, it is the desire of the Atlanta City Council that the municipal clerk shall develop a public, searchable, web-based portal whereupon the lobbyists will be able to file these state mandated disclosures and where the public may independently search for and download and such disclosure forms; and Chapter 2, Article II, Division 5, new Section 2-170

 

WHEREAS, each person required to register with the Commission as a lobbyist must display in a readily visible manner an identification card issued by the Commission while engaged in lobbying in any government facility, including municipal facilities (OCGA Secs. 21-5-71(g), 16-11-220 (5)); and

 

WHEREAS, the General Assembly has authorized the Commission to investigate violations of and issue penalties for the failure of such lobbyists to comply with state law applicable thereto including the requirement to display their Commission issued identification card within a municipal facility while working to promote or oppose the passage of any ordinance or resolution by the Atlanta City Council (OCGA Sec. 21-5-72); and

 

WHEREAS, the Commission is authorized to conduct a preliminary investigation into the merits of a written complaint by any person who believes that such a violation has occurred, verified under oath to the best information, knowledge, and belief by the person making such complaint. OCGA Sec. 21-5-6(b)(10)(A); and

 

WHEREAS, it is the desire of the Atlanta City Council that the municipal clerk shall include instructions on how members of the public may file complaints of violations of the state law applicable to lobbyists on the Municipal Clerk’s website; and Chapter 2, Article II, Division 5, new Section 2-170

 

WHEREAS, to ensure that City of Atlanta officials, officers and employees who are most likely to have interactions with persons required to register with the Commission as lobbyists are familiar with the laws applicable to such persons, it is the desire of the Atlanta City Council that the Ethics Officer shall conduct mandatory annual training on the state law requirements related to lobbying on municipal affairs to such officials, officers and employees. Chapter 2, Article VII, Division 2, new Section 2-826

 

WHEREAS, to ensure that those desiring to do business with the City of Atlanta are familiar with the laws applicable to persons required to register with the Commission as lobbyists, it is the desire of the Atlanta City Council that the Chief Procurement Officer draft and include notice of the state law requirements related to lobbying on municipal affairs on all contracts and source selection forms prepared by the Department of Procurement; and  Chapter 2, Article X, Division 1, new Section 2-1114

 

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS, AS FOLLOWS:

 

SECTION 1: That Chapter 2, Article II, Division 5, of the City of Atlanta Code of Ordinances be amended to add a new Section 2-170 which shall read as follows:

 

Sec. 2-170 - Lobbyist disclosures and other information

 

(a)              The municipal clerk shall develop a public, searchable, web-based portal whereupon persons and entities must file reports mandated by the Georgia Ethics in Government Act, or otherwise by law, of any lobbying expenditures relating to City of Atlanta affairs. 

 

(b)              The municipal clerk shall include instructions on how members of the public may file complaints of violations of the Georgia Ethics in Government Act, applicable to lobbying on the municipal clerk’s general website.

 

SECTION 2: That Chapter 2, Article VII, Division 2, of the City of Atlanta Code of Ordinances be amended to add a new Section 2-826 which shall read as follows:

 

Sec. 2-826 - Mandatory training on state laws related to lobbyists.

 

The ethics officer, or a designee, and the office of ethics shall be responsible for offering annual training on the state laws applicable to persons required to register as lobbyists with the State of Georgia to every official or employee listed in paragraph (b) of this Section 2-813 related to the disclosure of interests.

 

SECTION 3: That Chapter 2, Article X, Division 1, of the City of Atlanta Code of Ordinances be amended to add a new Section 2-1114 which shall read as follows:

 

Sec. 2-1114 - Notice of lobbyist laws

 

The Chief Procurement Officer shall develop a written notice of the state law requirements related to persons required to register as lobbyists with the State of Georgia and shall ensure that such notice is included on all contracts and source selection forms prepared by the Department of Procurement.

 

SECTION 4: The amendments in this ordinance shall become effective immediately upon approval.

 

SECTION 5: That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict only.

 

SECTION 6: That the Municipal Clerk is instructed to retain all legislative history references in the codified version of Chapter 2, including Editor’s notes, and shall not delete any such references, but shall amend them to include this ordinance.             

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Meeting History

Aug 6, 2018 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Aug 15, 2018 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:Jennifer N Ide, District 6
SECONDER:Andre Dickens, Post 3 At Large
AYES:Howard Shook, Natalyn Mosby Archibong, Andrea L Boone, Andre Dickens, Jennifer N Ide, JP Matzigkeit, Matt Westmoreland
Aug 20, 2018 11:15 AM Video Committee on Council Regular Committee Meeting
draft Draft

No action required for this Legislation. This Legislation is being held in the Finance/Executive Committee.

Aug 20, 2018 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Aug 29, 2018 1:00 PM Video Finance/Executive Committee Regular Committee Meeting
draft Draft

Amber Robinson

RESULT:FAVORABLE ON SUBSTITUTE [UNANIMOUS]
MOVER:Jennifer N Ide, District 6
SECONDER:Howard Shook, Chair
AYES:Howard Shook, Natalyn Mosby Archibong, Andrea L Boone, Andre Dickens, Jennifer N Ide, JP Matzigkeit, Matt Westmoreland
Sep 4, 2018 11:15 AM Video Committee on Council Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:Jennifer N Ide, District 6, Chair
SECONDER:Matt Westmoreland, Post 2 At Large
AYES:Jennifer N Ide, Natalyn Mosby Archibong, Andre Dickens, Amir R Farokhi, Matt Westmoreland
ABSENT:Cleta Winslow, Ivory Lee Young Jr.
Sep 4, 2018 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMITTEE ON COUNCIL WITHOUT OBJECTION

MEMBERS PRESENT: IDE, FAROKHI, WESTMORELAND, DICKENS & ARCHIBONG

RESULT:RETURNED AS HELD
Sep 17, 2018 11:15 AM Video Committee on Council Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Jennifer N Ide, Natalyn Mosby Archibong, Andre Dickens, Amir R Farokhi, Cleta Winslow, Matt Westmoreland
ABSENT:Ivory Lee Young Jr.
Sep 17, 2018 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMITTEE ON COUNCIL WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 1, 2018 11:15 AM Video Committee on Council Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Natalyn Mosby Archibong, Amir R Farokhi, Cleta Winslow, Matt Westmoreland
ABSENT:Jennifer N Ide, Andre Dickens
EXCUSED:Ivory Lee Young Jr.
Oct 1, 2018 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMITTEE ON COUNCIL WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 15, 2018 11:15 AM Video Committee on Council Regular Committee Meeting
draft Draft
RESULT:FILED BY COMMITTEE [UNANIMOUS]
MOVER:Jennifer N Ide, Chair
SECONDER:Matt Westmoreland, Post 2 At Large
AYES:Jennifer N Ide, Andre Dickens, Amir R Farokhi, Cleta Winslow, Matt Westmoreland
ABSENT:Natalyn Mosby Archibong, Ivory Lee Young Jr.
Oct 15, 2018 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

FILED BY A ROLL CALL VOTE OF 14 YEAS; 0 NAYS

RESULT:FILED [UNANIMOUS]
MOVER:Jennifer N Ide, Councilmember, District 6
SECONDER:Amir R Farokhi, Councilmember, District 2
AYES:Michael Julian Bond, Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N Ide, Howard Shook, JP Matzigkeit, Dustin Hillis, Andrea L Boone, Marci Collier Overstreet, Joyce M Sheperd
ABSENT:Ivory Lee Young Jr.