10 Things To Know About Lobbyists And Lobbying

BOARD OF ETHICS City law of course allows them to perform their official City job responsibilities, but that activity is CITY OF CHICAGO not considered lobbying before the City. Mayoral appointees who serve on City boards or Rahm Emanuel, Mayor commissions may engage in lobbying the City William F. Conlon, Chair on behalf of their employers or clients, provided that the matters on which they lobby are wholly unrelated to the work of their City board of commission.

RESTRICTIONS ON FORMER CITY OFFICIAL AND EMPLOYEES.

A PLAIN ENGLISH GUIDE TO ► For two years after they leave City service, DEALING WITH LOBBYISTS OR former department heads and mayoral staff may BEING LOBBIED not lobby the City, and other Shakman-exempt employees and Mayoral appointees to City INTRODUCTION. Chicago's lobbying law is one boards and commissions may not lobby their of the broadest in the U.S. Almost any private former department, board or commission. sector person who meets with or contacts City employees or officials to “talk business” could be ► For one year after they leave City office, lobbying. It's acceptable for people to lobby; it's former aldermen may not lobby the City. a right guaranteed by the Constitution. But it's a regulated activity. The Board of Ethics regulates ANNUAL LOBBYIST REGISTRATION AND lobbying in and before City government. QUARTERLY REPORTING. With a few exemptions, City law requires all persons who lobby to register with the Board of Ethics every year, and four times each year file reports of their lobbying activity, compensation and expenditures, campaign contributions, and an itemized list of all gifts given to City personnel and their recipient(s). The Board of Ethics charges a $350 annual lobbyist registration fee and a $75 fee per client after the first. This Board can waive this fee for certain lobbyists who represent non-profit entities.

WHO ARE LOBBYISTS? Few people outside EXEMPTIONS FROM REGISTRATION. The of K Street in Washington D.C. call themselves law exempts certain persons from having to lobbyists. But under City law, a lobbyist is any register as lobbyists: those simply responding to person (whatever his or her title) who attempts an already-issued RFP or RFQ, or who are to influence City decisions on behalf of officers, directors or employees of “one-tiered” another, like a client or employer, regarding City non-profits. But officers, directors or staff administrative or legislative matters. These members of “two-tiered” non-profits (those with include zoning or procurement issues, setting or for-profit members, like the Illinois Restaurant designing contract specifications, seeking City Association or the Chicago Building Owners and contracts, grants, loans, or Tax Increment Managers Association) must registered if they Financing deals, or submitting most City Council lobby. Lawyers are also exempt when they matters. But only persons representing another represent clients in proceedings, arbitrations or entity or person would be considered lobbyists: mediations. homeowners representing themselves, for example, are not lobbying. CLIENTS NEED NOT REGISTER. Only BUT ARE CITY EMPLOYEES OR OFFICIALS lobbyists are required to register—neither LOBBYISTS? City employees and elected their clients nor the City employees and officials are, in effect, prohibited from acting as officials they lobby need to register. lobbyists before any City department or agency. MUST YOU SPEAK WITH A whether someone must register as a lobbyist LOBBYIST? No — you control (that's ours). But everyone should be aware that your schedule. City personnel are all lobbyists must register. not required to talk to anyone just because he says he’s a registered QUESTIONS? Think you’ve been lobbied? lobbyist. Please contact us:

BUT WHAT IF YOU SPEAK WITH A City of Chicago Board of Ethics LOBBYIST WHO ISN’T REGISTERED? Not to 740 North Sedgwick, Suite 500 worry: City personnel don't violate the law by meeting with someone who isn't registered Chicago, Illinois 60654 as a lobbyist. But persons who lobby then have Tel: (312) 744-9660 5 days to register. So, City officials and TTY: (312) 744-5996 employees who think they're being lobbied FAX: (312) 744-2793 should advise the possible lobbyist to contact the Board of Ethics as soon as possible, or just send the person's contact Steven I. Berlin, Executive Director info to the Board of Ethics. [email protected] Twitter: @EthicsSteve Registration is easy and must be done on line. The Board does, not, however, issue an lobbyist www.cityofchicago.org/ethics “identification badge,”, unlike some states. The list of lobbyists is on the City’s website at http://www.cityofchicago.org/city/en/depts/et hics/provdrs/lobby/svcs/lobbyist_list.html

REPORTING LOBBYISTS. City policy-makers must report to the Board the names of anyone they believe has lobbied them and who they know haven't yet registered. A phone call or email to the Board with the possible lobbyist's name will do it. The Board follows up on every name reported. Rev. Dec. 2016

CAMPAIGN CONTRIBUTIONS, CONTINGENT FEES, AND GIFTS FROM LOBBYISTS. Lobbyists may not make political contributions to the Mayor or his political committee, and are limited to $1,500 in political contributions in a single year to any other City elected official or candidate for City office (or to their authorized committees). Lobbyists cannot be retained for or receive any contingency fees. Any gift that a lobbyist gives to a City employee or official must be reported in a public document, with the recipient’s name.

PENALTIES. Penalties up to $2,000 per day can be imposed on persons who don't register-- and on their clients. The City can cancel any contract entered into from or void any permits based on unregistered lobbying.

Bottom line: it is best practice to refer any potential lobbyist to the Board of Ethics. It's not your responsibility to decide