To preserve the integrity of the City's decision making process by requiring entities that engage in efforts to influence City officials to report their lobbying efforts to the public. City Officials must also disclose certain gifts from lobbying entities and elected officials must publicly post their calendars of official business.
2 . When did the program take effect?
City Council passed Ordinance No. 179843 on December 21, 2005 which established the program and adopted City Code Chapter 2.12. The Auditor began accepting lobbying registrations and City Official quarterly reports on April 1, 2006.
3 . Who is required to register and report?
A. Lobbying Entities that spend eight or more hours lobbying OR spend $1,000 or more lobbying during a calendar quarter must follow the regulations below. The specific requirements are:
1) Register within three business days of reaching the threshold required to do so. Registrations last for the calendar year and must be renewed to stay active.
2) Report their lobbying activities each calendar quarter in which they meet or exceed the 8-hour or $1,000 threshold. The report includes the subjects of lobbying and description of contacts with City officials, the total amount of lobbying expenditures, and information about City officials benefited by expenditures in excess of $25.00.
B. City Officials must file quarterly reports documenting:
1) Gifts, meals or entertainment received from a lobbying entity or lobbyist in excess of $25.00 as well as
2) Any donations or gifts of personal or real property to the City from a lobbying entity or lobbyist.
C. City Elected Officials and City Directors must post their calendars of activities related to official City business to their office's website each quarter.
For the purposes of City lobbying regulations, "lobbying" means attempting to influence the official action of City Officials. Lobbying includes time spent preparing emails and letters and preparing for oral communication with a City official. Lobbying includes funds spent on grassroots or indirect lobbying that encourages others to lobby City Officials. Lobbying does not include:
A. Time spent by an individual representing his or her own opinion to a City official.
B. Time spent participating in a board, committee, working group, or commission created by City Council through approval of resolution or ordinance.
C. Time spent by a City Official or City employee acting in their official capacity as an official for the City.
D. Time spent submitting a bid, responding to related information requests, and negotiating terms on a competitively bid contract or intergovernmental agreement.
E. Oral or written communication made by a representative of a labor organization that is certified or recognized, pursuant to ORS 243.650 et seq., as the exclusive bargaining representative of employees of the City of Portland, to the extent that such communications do not deal with actual or potential ordinances that are unrelated to the collective bargaining process, or implementation or application of any collective bargaining agreement provision.
F. Formal appearances to give testimony before public hearings or meetings of City Council.
G. Work performed by a contractor or grantee pursuant to a contract with or grant from the City.
H. Time spent by any person holding elected public office, or their specifically authorized representative, acting in their official capacity.
5. Who is a City Official? City Officials have independent decision making authority and are exempt from the Civil Service. The Auditor's Office maintains a list of City Officials for lobbying regulation purposes and will maintain the list as necessary. List also available and downloadable from inside the filing portal for Lobbying Entities and City Officials. Generally, the list includes elected officials and their administrative staff, City Directors, Deputy Directors, and high level officials within the Office of Management and Finance (ex: City Treasurer and Chief Procurement Officer).
The specific list as outlined in City Code and administrative rules is below:
For the purposes of City lobbying regulations, a "City Official" means:
A. Any City elected official (Mayor, Commissioner or Auditor)
B. All at-will staff of a City elected official (administrative staff that work directly for elected officials), Deputy Directors of most bureaus, and high level officials within the Office of Management and Finance.
C. Director or individual in charge of ("City Director"):
a) Bureau of Development Services
b) Bureau of Emergency Communications
c) Bureau of Environmental Services
d) Bureau of Emergency Management
e) Bureau of Fire and Police Disability and Retirement
f) Bureau of Housing
g) Bureau of Human Resources
h) Bureau of Internal Business Services
i) Bureau of Parks & Recreation
j) Bureau of Planning and Sustainability
k) Bureau of Police
l) Bureau of Revenue and Financial Services
m) Bureau of Technology Services
n) City Budget Office
o) Office of Equity and Human Rights
p) Office of Government Relations
q) Office of Management & Finance
r) Office of Neighborhood Involvement
s) Portland Bureau of Transportation
t) Portland Development Commission
u) Portland Fire & Rescue
v) Portland Water Bureau
D. Appointee to the:
1) Design Commission
2) Fire & Police Disability & Retirement Board
3) Portland Development Commission
4) Portland Planning & Sustainability Commission
6 . What is an Official Action?
For the purposes of this program, an "Official Action" is the introduction, sponsorship, testimony, debate, voting or any other official action on any ordinance, measure, resolution, amendment, nomination, appointment, or report, or any matter, including administrative action, that may be the subject of action by the City.
7. Is my organization a Lobbying Entity?
City Code defines a "Lobbying Entity" as any individual, business association, corporation, partnership, association, club, company, business trust, organization or other group who lobbies either by employing or otherwise authorizing a lobbyist to lobby on that person's behalf.
Specific City working groups that have been recognized by Council and are exempt from lobbying reporting are listed here.
8 . Are any groups exempt from registering as a Lobbying Entity?
Yes. City Code exempts the following from the registration and reporting requirements:
A. News media, or their employers or agents, that in the ordinary course of business directly or indirectly urge official action but that engage in no other activities in connection with the official action. OR
C. Any lobbying entity that satisfies all three of the following requirements:
1) Complies with state public record and meeting laws or with the standards adopted by City Council that govern Neighborhood Associations, District Coalitions, and Business District Associations referenced in City Code Section 3.96.020 G.;
2) Is classified as a non-profit organization, registered with the Oregon Secretary of State Corporation Division; AND
3) Is formally recognized by the Office of Community and Civic Life or through City Council resolution or ordinance.
In addition, lobbying entities that meet or exceed the 8-hour threshold but do not spend more than $1,000 per calendar quarter may file a certificate of limited expenditure in lieu of detailed quarterly reports.
9 . Who qualifies as a Lobbyist?
A lobbyist is any individual who is authorized to lobby on behalf of a lobbying entity. A lobbyist could include a member of an outside government relations firm or a volunteer working on behalf of an organization.
Specific City working groups that have been recognized by Council and are exempt from lobbying reporting are listed here.
10. For elected officials and bureau directors, what is required of the quarterly calendar posting?
For the purposes of City lobbying regulations, the required quarterly calendar posting must reflect official City business and be posted by the filing deadline (15 days after the end of each quarter). Calendars must include the date and length of scheduled official business with other elected officials, City directors, or any outside (non City) party or event. In addition, official calendars must include the primary organizations or participants in attendance.
Calendars required by lobbying regulations shall be retained in accordance with City Administrative Rules and posted publicly on the originating office's website for a period of at least one calendar year.
11. Am I lobbying if I share my personal opinions with City officials?
12. What does an individual Lobbyist have to file?
Individual lobbyists do not have reporting requirements. However, they will need to be sure to document their lobbying activity and share it with the lobbying entity on whose behalf they lobby City officials. The lobbying entity will need to register and report if the lobbying activity meets or exceeds the cumulative 8-hour or $1,000 threshold. The entity receiving the benefits registers and lists individual lobbyists working either internally with the entity or externally on its behalf.
In addition, a lobbyist must declare which lobbying entity he or she is authorized to represent prior to offering public testimony before City officials, at the beginning of any meetings or phone calls with City Officials, or in emails and other communications, such as letters, to City officials.
13. How does a lobbying entity calculate the cumulative eight-hour threshold?
The eight-hour threshold is cumulative and includes the sum total of all lobbying activities by all authorized lobbyists either hired externally or working internally in the organization.
For example: three lobbyists, lobbying on behalf of client XYZ, each spend an hour in a meeting with City Officials and an hour each preparing for the meeting; XYZ organization has then spent six hours toward the threshold required to register and report their activities. If, within the same quarter, XYZ organization lobbies City Officials by having either their hired lobbyists or internal staff lobby City Officials through additional conference calls, meetings, and follow-up emails totaling two hours, XYZ organization has then reached the threshold to register as a lobbying entity by spending eight total hours lobbying City Officials in the quarter. XYZ organization must register within three business days, list all lobbyists working on its behalf and report activities at quarter-end.
14. What registration fees must be paid and what penalties may be assessed?
A. There is no registration fee and no cost to use the City's Online Lobbying Entity Registration & Reporting system.
B. A person or entity may be subject to a civil penalty in an amount not to exceed $3,000.00 per violation for repeated violations if they:
1) Violate any provision of City Code Chapter 2.12 OR
2) Fail to file any report, registration or statement required by Chapter 2.12 OR
3) Fail to furnish any information required by Chapter 2.12.
The City Auditor may seek civil penalties and enforcement of any provision of Chapter 2.12 in Multnomah County Circuit Court or other appropriate venue.
15. What are the Lobbying Entity registration requirements?
A. Lobbying entities are required to register with the City Auditor if they spend a cumulative total (all authorized lobbyists) of eight hours or more lobbying during any calendar quarter or at least $1,000 or more in a calendar quarter on lobbying efforts. The lobbying entity must register within three business days of meeting or exceeding the 8-hour or $1,000 threshold. However, lobbying entities who anticipate meeting or exceeding the thresholds are encouraged to register at the beginning of the calendar year.
B. There is no registration fee.
C. Lobbying entities must use the Auditor's Office Online Lobbying Entity Registration & Reporting System to file their registrations. This is a free internet-based system. If a lobbying entity does not have internet access, they may make arrangements to use a public computer in the City Auditor's office.
D. The following information is required on the registration form:
1) Lobbying Entity name, address, e-mail, phone (website is optional)
2) General description of trade, business, profession or area of endeavor of lobbying entity
3) General subjects and any specific official actions of lobbying entity
4) Names, address and contact information for all lobbyists authorized to lobby on behalf of the lobbying entity.
5) The previous employment of any lobbyists with the City of Portland, length of time employed by the City, and the affiliated office(s) or bureau(s) of employment.
E. Registrations expire at the end of each calendar year on December 31st.
F. Lobbying entities must file an amended registration whenever any of the information disclosed on the registration form changes.
A. If a lobbying entity has spent an cumulative total (of all authorized lobbyists) of eight hours or more or at least $1,000 lobbying during the preceding quarter, they must file a quarterly report.
B. Lobbying entities must use the Auditor's Office Online Lobbying Entity Registration & Reporting System to file their quarterly reports. This is a free internet-based system. If a lobbying entity does not have internet access, they may make arrangements to use a public computer in the City Auditor's office.
C. If a lobbying entity does not anticipate spending more than $1,000 per calendar quarter for the purpose of lobbying but has spent over eight hours, the entity may file a certificate of limited expenditure in lieu of a quarterly report.
D. The quarterly report has 3 main components:
1) Subject(s) of Interest: lists specific subject areas and official actions of interest, name of City official contacted, date of contact and type of contact.
2) Expenditures: total of all moneys expended by the lobbying entity or any authorized lobbyist for the purpose of lobbying City officials in the preceding calendar quarter.
- food, refreshments, travel & entertainment
- printed, postage, telephone, advertising, direct mail and e-mail
- miscellaneous items and gifts
- compensation paid to lobbyists AND
- reimbursements to lobbyists for their expenses
- grassroots/indirect lobbying expenses
ii. The following are not required to be included in the total:
- personal living
- travel expenses
- office overhead, including salaries and wages paid for staff and administrative/clerical assistance, or
- maintenance expenses
3) City Officials benefited: name of any City Official to whom or for whose benefit, on any one occasion, the lobbying entity made an expenditure in excess of $25.00 in the preceding calendar quarter for the purposes of lobbying, date of expenditure, name of payee, purpose of expenditure, and amount of expenditure.
17. When are registrations & reports due?
A. Lobbying Entity registrations are due within three business days of meeting or exceeding the eight-hour lobbying threshold or has spent $1,000 in a calendar quarter lobbying City Officials.
B. Lobbying entity quarterly reports, City Official quarterly reports and Elected Official/Director calendar postings are due:
Quarter Reporting Period Last Day to File
1 January 1 to March 31 April 15
2 April 1 to June 30 July 15
3 July 1 to September 30 October 15
4 October 1 to December 31 January 15
C. All registrations and reports are due by 5:00 pm on the last day to file.
D. If a filing deadline falls on a Saturday, Sunday or other legal City holiday, the report shall be due by 5:00 pm the next business day.
18. Are there any prohibited activities?
Yes. As of Sept. 1st, 2016, prohibited conduct focus on post-employment of certain City Officials. Details of prohibitions for each type of official is listed below:
No former City elected official shall, for a period of two years after the termination of the official's term of office, lobby for money or other consideration a City elected official or their salaried at-will staff.
No former salaried at-will staff of a City elected official, shall, for a period of one year after the termination of employment, lobby for money or other consideration any City elected official or their salaried at-will staff.
No former City director shall, for a period of two years after termination of the director's appointment, lobby for money or other consideration the current City director of the office or bureau to which the former City director was appointed or, regarding matters within the powers and duties of the bureau to which the former City director was appointed.
No former City employee shall lobby a City Official for money or other consideration regarding a contract if the employee exercised contract management authority with respect to that contract while employed by he City.
These prohibitions shall not apply to:
A. Prevent any former City Elected Official or other City employee from representing himself or herself, or any member of his or her immediate family, in their individual capacities, in connection with any matter pending before the City;
B. The activities of any former City Elected Official or other City employee who is an elected or appointed officer or employee of any public body, when that former City Elected Official or other City employee is solely representing that agency in his or her official capacity as an officer or employee of the public body;
C. Any ministerial action. A ministerial action is one that does not require a City official or other City employee to exercise discretion concerning any outcome or course of action;
D. Prevent City officials or other City employees from seeking information or participating from former City elected officials or other City employees where the public interest would be served by the information or participation.
19. Are the registrations and reports available for public review?
All registrations and reports are public records. The Auditor's Office provides 24-hour access to register, submit reports, or view the latest quarterly statements from the lobbyist registration program home page.
If a lobbying entity or member of the public does not have internet access, they may make arrangements to use a public computer in the City Auditor's office.
20. Has the implementation and effectiveness of this program been reviewed?
Yes. Ordinance No. 179843 directed the Commissioner of Public Utilities to submit two reports to City Council. These reports were accepted by Council on November 15, 2006 and June 20, 2007. The reports gathered input from stakeholders and the City Auditor and reviewed the implementation and effectiveness of the lobbying entity regulation program.
Ordinance 187854, which City Council passed in 2016, clarified and updated the regulations to improve accuracy and understanding of program requirements. The Auditor's Office based changes on best and leading practices in local lobbying regulations and involved lobbyists, transparency advocates, community groups, and City Officials throughout the process.