THE LOBBYIST REGISTRY Successfully Navigating Lobbying Regulations and Compliance Canadian Institute March 28 2017
Why is transparency important at the Municipal level? To manage public perceptions, promote confidence and ensure accountability in local government
The Value of Transparency
Integrity has no need of Rules -Albert Camus Accountability Breeds Response-Ability Steven Covey A lack of transparency results in distrust and a deep sense of insecurity -Dalai Lama
The Accountability Framework 2010-2014: Governance Review, Council supported Mayor Watson s commitment to develop an Accountability Framework for Members of Council 2011: Council began publishing office expenses on a monthly basis 2012: Council approved Lobbyist Registry & position of Integrity Commissioner 2013: Council approved Code of Conduct for Members of Council, Council Expense Policy & Community, Fundraising and Special Events Policy
I n t e g r i t y C o m m i s s i o n e r Oversight of the Code of Conduct for Members of Council including providing advice to Members, issuing interpretations and reports, investigating complaints and where necessary, recommending sanctions L o b b y i s t R e g i s t r a r Oversight of the Lobbyist Registry and ensuring compliance with the Lobbyist Code of Conduct M e e t i n g s I n v e s t i g a t o r Investigates complaints regarding closed meetings of Council or one of its Committees to determine if the meeting was closed properly
The Lobbyist Registry By-Law 2012-309 W H A T I S L O B B Y I N G? Any communication with a public office holder by an individual who is paid or represents a business or financial interest with the goal of trying to influence any legislative action including the development, introduction, passage, defeat, amendment or repeal of a by-law, motion, resolution or the outcome of a decision of any matter before Council, a Committee of Council, or a Ward Councillor, or staff member acting under delegated authority. City of Ottawa Lobbyist Registry By-Law 2012-309
The Lobbyist Registry By-Law 2012-309 W H O I S A L O B B Y I S T? A consultant lobbyist An in-house lobbyist A voluntary, unpaid lobbyist Not-for-profit groups is paid to lobby on behalf of a client is someone whose position entails lobbying on behalf of their employer or who lobbies on behalf of their own business is an individual or organization who lobbies a public office holder without payment and on behalf of a business or for-profit organization when communicating regarding a financial interest, where that not-for-profit has paid staff
The Lobbyist Registry By-Law 2012-309 W h a t i s n o t L o b b y i n g? Advocacy communication for/against a policy or program that state a position where the primary focus is a broad community benefit or detriment (city-wide or local) Delegations made during Council, a Standing Committee, or the Transit Commission (even by a lobbyist) Comments made during a public meeting or open house that are part of the official record Requests for information Providing compliments/complaints about a service or program Communicating with City staff as part of existing, Council-approved processes (e.g. building permits, licensing, procurement, planning applications, etc.)
C o d e o f C o n d u c t f o r L o b b y i s t s H O N E S T Y Lobbyists shall conduct with integrity and honesty all relations with public office holders, clients, employers, the public and other lobbyists O P E N N E S S Lobbyists shall, at all times, be open and frank about their lobbying activities, while respecting confidentiality D I S C L O S U R E O F I D E N T I T Y & P U R P O S E Lobbyists communicating with a public office holder shall disclose the identity of the individual or organization on whose behalf they are acting, as well as the reasons for the communication Lobbyists shall register the subject matter of all communication with public office holders that constitutes lobbying under the Lobbyist Registry By-law I N F O R M A T I O N A N D C O N F I D E N T I A L I T Y Lobbyists shall inform their client, employer or organization of the obligations under the Lobbyist Registry By-law and their obligation to adhere to the Lobbyists Code of Conduct Lobbyists shall provide information that is accurate and factual to public office holders. Lobbyists shall not knowingly mislead anyone and shall use proper care to avoid doing so inadvertently. Lobbyists shall not divulge confidential information unless they have obtained the informed consent of their client, employer or organization, or disclosure is required by law. Lobbyists shall not use any confidential or other insider information obtained in the course of their lobbying activities to the disadvantage of their client, employer or organization.
C o d e o f C o n d u c t f o r M e m b e r s o f C o u n c i l IX- C O N D U C T R E S P E C T I N G L O B B Y I N G ( H I G H L I G H T S ) While lobbying is acceptable, lobbying communication with Members of Council requires disclosure Members shall review the Lobbyist Registry on a monthly basis to confirm that instances where they have been lobbied, have been captured by the Registry Where lobbying activity has not been disclosed, Members shall first remind the lobbyist of the requirement to disclose should the activity remain undisclosed, Members must advise the Integrity Commissioner of the failure to disclose Members of Council should ensure that individuals who are lobbying them are aware of their requirement to register Members of Council should not knowingly communicate with a lobbyist who is acting in violation of the requirements of the Registry
C o d e o f C o n d u c t f o r L o b b y i s t s c o n t d C O M P E T I N G I N T E R E S T S Lobbyists shall not represent conflicting or competing interests without the written consent of those whose interests are involved. Lobbyists shall advise public office holders that they have informed their clients of any actual, potential or apparent conflict of interest and obtained the informed consent of each client concerned before proceeding or continuing with the undertaking. Lobbyists shall not lobby public office holders on a subject matter for which they also provide advice to the City. I M P R O P E R I N F L U E N C E Lobbyists shall avoid both the deed and the appearance of impropriety. Lobbyists shall not knowingly place public office holders in a conflict of interest or in breach of the public office holders codes of conduct or standards of behaviour. Lobbyists with active lobbying registrations, their registered clients or their employees shall not, directly or indirectly, offer or provide any gift, benefit or hospitality to Members of Council or their staff.
C o d e o f C o n d u c t fo r C i t y S taff The City of Ottawa s Lobbyist Registry By-law was previously silent on the duty of public office holders with respect to the Lobbyist Registry In discussion with the City Clerk and Solicitor, I have determined that an update to the City of Ottawa Employee Code of Conduct to add explicit reference to lobbying and the Lobbyist Registry is the most appropriate and effective way to inform staff of their responsibilities with respect to lobbying As such, the following line has been added to the Employee Code of Conduct; When we are lobbied, we advise the Lobbyist to ensure that the activity is properly recorded in the City's Lobbyist Registry
Your Responsibilities as Public Office Holders Following instances of lobbying communication, Members of Council, their staff and City staff shall review the Lobbyist Registry on a monthly basis to ensure instances where they have been lobbied have been registered Where efforts to have the lobbyist disclose the lobbying are not successful, the Member or staff member shall inform the Integrity Commissioner who will assess whether a breach has occurred 17
S u m m a r y o f R e c e n t A c t i v i t y First temporary ban on communication Implementing Compliance Agreements Implementing Corporate Compliance Agreements Community & Special Events First investigation into Lobbying Communication & Associated Report to Council
QUESTIONS? 19