Lobbyist Registration Instructions Pursuant to Denver Revised Municipal Code (DRMC) Chapter Art. XIII WHO MUST REGISTER Pursuant to DRMC 2-301(b) and 302 All lobbyist and any person communicating directly or soliciting others to communicate with a covered official for the purpose to influence or persuade the covered official. However, Exception pursuant to Denver Code Section 2-305 lobbyist registration is not required for persons who limit activities to: Appearance to given testimony to Denver City Council, at the request of public officials, or at the request of city employees. Providing information to Denver City Council, at the request of public officials, or at the request of city employees WHEN TO REGISTER Pursuant to DRMC 2-301(b) and 302 Lobbyist registration is required with the Denver City Clerk within five days after first engaging in lobbying. Registration must be renewed annually by January 15 th for the following 12-month period. HOW TO REGISTER Pursuant to DRMC 2-302 To register as a lobbyist, the organization or person must complete the lobbyist registration statement and respective fee as follows. Registration fees are not pro-rated. Individual: One person acting as lobbyist and who does not employ other lobbyist or other person(s) who may act in a lobbyist capacity. Registration fee is $50. Organization: a person or organization that employs one or more lobbyist and/or persons who may act in a lobbyist capacity. Registration fee is $75. After receiving the application and fee, the Denver City Clerk Department will issue a receipt of registration as confirmation of registration. A receipt of registration is not issued until the Denver City Clerk receives the completed registration statement form and the correct fee. REPORTING REQUIREMENTS Pursuant to DRMC 2-303 All lobbyists registered with the Denver City Clerk are required to submit an itemized bi-monthly financial report no later than February 15, April 15, June 15, August 15, October 15 and December 15 for the prior 60 days from the report due date. If the date falls on a weekend, the due date is the following Monday. A bi-monthly financial statement form is included in available on our website at https://www.denvergov.org/content/denvergov/en/denver-office-of-the-clerk-and-recorder/city-clerkrecords/lobbyist-registration.html. Bi-monthly report must be submitted to the Denver City Clerk via cityclerk@denvergov.org or Denver Clerk and Recorder, City Clerk Department, 201 W. Colfax Avenue, Dept. 101, Denver, Colorado 80202.
INSPECTION Pursuant to DRMC 2-303(c)(3) All information submitted to the Denver City Clerk is considered a record of the City and County of Denver. All lobbyist registrations and bi-monthly reports submitted to the Denver City Clerk will be made available to the public on our website: www.denverclerkandrecorder.org. COMPLIANCE AND PENALTIES Pursuant to DRMC 2-309 Lobbying in the City and County of Denver requires that the person or organization complies with all requirements defined in the Denver Revised Municipal Code Article XIII - Regulation of Lobbyists. In addition to being the custodian of lobbyist records, the Denver City Clerk Department is required to administrate and to provide oversight of Denver lobbyist procedures. As a result, noncompliance of any aspect of DRMC Article XIII - Regulation of Lobbyists may require the Clerk to issue a warning, suspension, revocation or termination of a certificate of registration. Also, the Clerk may determine it is necessary to bar granting a certificate of registration. In any violation, the City Clerk may report a violation of Article XIII to the Denver City Attorney for consideration of criminal prosecutions of the person. Lobbyist Registration Instructions 2017
Lobbyist Registration Form REGISTRATION STATUS New Registration or Renewal For the year 20 Lobbyist Individual One person acting as lobbyist and who does not employ persons who may act in a lobbyist capacity. Registration fee: $50 Lobbyist Organization A person or organization that employs one or more lobbyist and/or persons who may act in a lobbyist. Registration fee: $75 PRIMARY REGISTERING LOBBYIST List primary person as defined in Denver Code Section 2-301(6) Business Name Last Name First Name Address City State Zip Phone Email LOBBYIST EMPLOYEES List all persons who will be employed as a lobbyist as defined in Denver Code Section 2-301(6). If more space is needed, please attach a separate sheet and provide all requested information Last Name First Name Email Phone LOBBYIST CLIENTS List every person or entity as defined in Denver Code Section 2-302(c)(5). If more space is needed, please attach a separate sheet and provide all requested information. Full Name Mailing Address City State Zip Interest REGISTRATION PAYMENT must accompany a completed lobbyist registration form. Check Payment: Make check out to Manager of Finance. Mail check to: Denver Clerk and Recorder. Attn: City Clerk Office, 201 W. Colfax Ave. Dept. 101, Denver, Colorado 80202 In-Person: Monday through Friday: 8 a.m. to 5 p.m. Denver Clerk and Recorder., 201 W. Colfax Ave., Dept. 101 I certify that a copy of the Denver Revised Municipal Code, Chapter 2, Article XIII, pertaining to regulation of lobbyist has been provided to me and that it is my responsibility to become familiar with all the provisions thereof and to make any necessary amendments to the original registration statement. Signature: Date:
Report Submitted by: First Name: Last Name: Org: Name: Address: City: State: Zip: Email: Bus. Phone: ( ) Signature Date Reporting Year: 20 Lobbyist Bi-Monthly Report Lobbyist Reporting Requirement Instructions 1. You must be as a registered lobbyist for the reporting period. 2. Reports are due no later than the 15th of each even numbered month. 3. Report period is the last 60 days prior to this bimonthly report deadline. 4. Year-end reporting period is January 1 to December 31 and is due on January 15 the following year. 5. All fields must be completed. 6. All expenditures and gifts given shall be reported along with a description and estimated value. 7. Late submittals will be charged $25 per day. A report will not be accepted until late fees are paid in full. Fees must be paid by: Check: Make check to: Manager of Finance and mail to Denver Clerk & Recorder. Attn: City Clerk Office, 201 W. Colfax Ave. Dept. 101, Denver, CO 80202 In-Person: Monday through Friday: 8 a.m. to 5 p.m. Denver Clerk and Recorder., 201 W. Colfax Ave., Dept. 101 Reporting Date February 15 April 15 June 15 August 15 October 15 December 15 For Office Use Only:
*Pursuant to DRMC 2-303 (c)(2) provide an itemized list and the estimated value of all gifts, entertainment, and direct or indirect expenditures to, on behalf of, or benefitting the covered official for lobbying purposes, including, but not limited to: monies, tickets, gratuities, transfers, loans, advances, deposits, promises, expressed or implied agreements, or any tangible or intangible thing of value of any amount. Lobbyist Full Name Date Lobbied Covered Official Lobbied Full Name Covered Official Lobbied Title List if gift, entertainment, expenditures* Description Estimated Dollar Value Name of Client or Employee on which lobbying activity was on behalf
ARTICLE XIII. REGULATION OF LOBBYISTS [11] Sec. 2-300. Legislative intent. Sec. 2-301. Definitions. Sec. 2-302. Annual registration statement required. Sec. 2-303. Bi-monthly financial report. Sec. 2-304. Termination of lobbyist status. Sec. 2-305. Exceptions. Sec. 2-306. Employment of unregistered person. Sec. 2-307. Violation of this article. Sec. 2-308. Rules and regulations. Sec. 2-309. Powers of the city clerk; granting and revoking of certificates; barring from registration; reporting to city attorney for criminal prosecution. Sec. 2-310. Notice. Sec. 2-311. Fees. Sec. 2-312. Prohibited practices. Secs. 2-313, 2-314. Reserved. Sec. 2-300. Legislative intent. It is the intent of the city council to provide for the submission of pertinent information pertaining to those persons and their representatives who seek to influence the outcome of city legislative matters, such information to serve as a public record in order that the citizens of Denver may know of municipal lobbying activities. (Ord. No. 36-92, 1, 1-27-92; Ord. No. 56-05, 1, 1-31-05) Sec. 2-301. Definitions. As used in this article, the following terms have the meanings indicated unless the context clearly requires a different meaning: (1) Communicating means transmitting information, data, ideas, opinions or anything of a similar nature, on a legislative matter, by personal interview, in writing, by telephone or by other methods to a covered official. (2) Covered official means members of the city council, and their appointed advisory staff members; the mayor, and his or her appointed advisory staff members; the auditor, the clerk and recorder; members of the water board; the manager of public works; the manager of parks and recreation; the manager of finance; the manager of safety; the director of excise and licenses; the manager of general services; the manager of human services; the manager of aviation; the manager of environmental health; the manager of planning and community development; the city attorney; the chief of police; and the fire chief. Denver, Colorado, Code of Ordinances Page 73
(3) Expenditure means a payment, subscription, distribution or gift of money, or anything of value, directly connected to the purpose of lobbying as defined in this section. Expenditure does not include a contribution in-kind from an organization for the purpose of allowing a covered official to attend a function sponsored by that organization, nor does it include payment to a nonprofit organization for the purpose of allowing a covered official to attend a function of the nonprofit organization. (4) Legislative matters means the drafting, introduction or sponsorship of any bill, resolution, amendment, motion, nomination or appointment, whether or not in writing, pending or proposed for consideration by the city council or a committee thereof. (5) Lobbying means communicating directly, or soliciting others to communicate, with a covered official by any person in an effort to influence or persuade the covered official to favor or oppose, recommend or not recommend, vote for or against, or to take action or refrain from taking action, on any legislative matter. a. "Lobbying" does not include submission of a written request to a covered official for a revocable permit pursuant to Charter section 3.2.7 or submission of a written request for vacation, easement or dedication of a public right-of-way. b. "Lobbying" excludes persons who are not otherwise registered as lobbyists and who limit their activities to appearances to give testimony or provide information to city council or at public hearings or who give testimony or provide information at the request of public officials or employees and who clearly identify themselves and the interest for whom they are testifying or providing information. (6) Lobbyist means any person, including an attorney at law, who is self-employed or is employed by any other person or organization: a. For the purpose of engaging in lobbying; or b. Whose scope of work requires him or her to lobby from time to time. "Lobbyist" does not include any elected official, any city official, any person duly appointed to a city board, commission or other such body, or any city employee; provided the elected official, city official, person duly appointed to a city board, commission or other such body, or city employee is acting in his or her official capacity. (7) Person means an individual, firm, partnership, joint venture, public or private corporation, association, or organization. Person also means a political education, issues, or action committee or fund, as a separate entity, or which is associated with a corporation, association or organization formed principally for some other purpose, insofar as it engages in lobbying. (Ord. No. 36-92, 1, 1-27-92; Ord. No. 1033-95, 1 3, 12-11-95; Ord. No. 56-05, 1, 1-31- 05; Ord. No. 264-07, 3, 6-11-07; Ord. No. 775-07, 6, 12-26-07; Ord. No. 920-16, I, 1-3-17) Sec. 2-302. Annual registration statement required. (a) Form of statement; duty of city clerk. The city clerk shall prepare forms for the registration statement and other information required to be filed by this article and furnish such forms and information for use by persons subject to the requirements herein. (b) Registration required. All lobbyists shall file a registration statement with the city clerk within five (5) days after first engaging in lobbying; provided, however, that an individual lobbyist will be considered to have registered if the entity that employs him or her is registered and lists the individual among its lobbyists on its registration or an amendment. In every succeeding year, all lobbyists shall file an annual registration statement with the city clerk on January 15. The city clerk will make the filed Denver, Colorado, Code of Ordinances Page 74
registrations available to the public online within a reasonable time, not to exceed seven (7) business days from the date of receipt. (c) Information required. A registration statement required hereunder shall contain the following information: (1) The registrant's full name, business mailing address, email address, and city and state of residence; (2) The name of the registrant's employer; or, if self-employed, the registrant's business or occupation; a business mailing address, and business telephone number; (3) The names of all persons who are employed by the lobbyist to engage in lobbying; (4) The legislative matters on which the registrant lobbies; (5) Client information (if different from subsection (c)(2) above), including the full name, nature of business, phone number, and business street address of each client: a. Who reimburses, retains or contracts with the registrant to lobby on a legislative matter; b. On whose behalf the registrant lobbies on a legislative matter; and c. By whom the registrant is paid or to be paid for such lobbying. (6) The name of any covered official with whom the lobbyist is engaged in any business or employment relationship. (d) Amendments. Any changes, additions or deletions to the registration statement shall be filed with the city clerk within five (5) days of the effective date of the amendment. (e) The clerk shall notify covered officials within five working days whenever a new lobbyist registers or a previously registered lobbyist has terminated lobbyist status or added a new client or changed a business address, telephone number, or business email address. (Ord. No. 36-92, 1, 1-27-92; Ord. No. 1033-95, 4, 12-11-95; Ord. No. 56-05, 1, 1-31-05; Ord. No. 920-16, II, 1-3-17) Sec. 2-303. Bi-monthly financial report. (a) Form of report; duty of city clerk. The city clerk shall prepare forms for the bi-monthly financial report and other information required to be filed by this article and electronically furnish such forms and information for use by persons subject to the requirements herein. (b) Reports required. A financial report shall be filed bi-monthly with the city clerk by each registered lobbyist. The report shall be filed no later than the fifteenth day of the succeeding month. (c) Information required. The bi-monthly financial reports required hereunder shall contain the following information for the reporting person: (1) The reporting person's full name, business or occupation, business mailing address, and business telephone number; (2) When a lobbyist reports an expenditure for lobbying a covered official, the following shall be listed by individual lobbyist: a. An itemized list and the estimated value of all gifts, entertainment, and direct or indirect expenditures to, on behalf of, or benefitting the covered official for lobbying purposes, including, but not limited to: monies, tickets, gratuities, transfers, loans, advances, deposits, promises, expressed or implied agreements, or any tangible or intangible thing of value of any amount; Denver, Colorado, Code of Ordinances Page 75
b. The name of the client or employer on whose behalf money is expended; c. The name and title of the covered official lobbied; d. The date lobbied and the legislative matters on which the official was lobbied; and (3) The city clerk will make the completed financial reports available to the public online within a reasonable time, not to exceed seven (7) business days from the date of receipt of the completed financial reports. (Ord. No. 36-92, 1, 1-27-92; Ord. No. 1033-95, 5, 12-11-95; Ord. No. 1098-02, 2, 12-30- 02; Ord. No. 56-05, 1, 1-31-05; Ord. No. 920-16, III, 1-3-17) Sec. 2-304. Termination of lobbyist status. A lobbyist may terminate his or her registration by filing an amendment pursuant to section 2-302(d). (Ord. No. 36-92, 1, 1-27-92; Ord. No. 56-05, 1, 1-31-05) Sec. 2-305. Exceptions. The provisions of this article shall not apply to: (1) Any newspaper or other regularly published periodical, radio or television station (including any individual who owns, publishes or is employed by any such newspaper, periodical, radio or television station), which, in the ordinary course of business, publishes news items, editorials or other comments or paid advertisements which directly or indirectly urge action upon municipal decisions, if such newspaper, periodical, radio or television station or individual engages in no further or other activities in connection with action upon such municipal decision; (2) Any individual communicating and/or appearing on his own behalf, or appearing without compensation or consideration on behalf of an ad hoc committee, with respect to a legislative decision, in support thereof or opposition thereto, pursuant to a procedure mandated by state or federal law, or pursuant to any procedure mandated by local ordinance or rule or regulation for levying an assessment against real property for the construction or maintenance of an improvement, for any rezoning proposal, for any comprehensive plan or amendment thereto, or any proposal for a landmark designation. (Ord. No. 36-92, 1, 1-27-92; Ord. No. 56-05, 1, 1-31-05) Sec. 2-306. Employment of unregistered person. No person shall employ for pay or any other consideration or agree to pay any consideration to an individual to engage in lobbying covered officials, unless such individual is a registered lobbyist or agrees to register in accordance with section 2-302 herein. (Ord. No. 36-92, 1, 1-27-92; Ord. No. 56-05, 1, 1-31-05) Denver, Colorado, Code of Ordinances Page 76
Sec. 2-307. Violation of this article. It shall be unlawful for any person to violate, or fail to comply with, the provisions of this article XIII of chapter 2 of the Revised Municipal Code. It shall also be unlawful to file any document provided for in this article which contains any materially false statement or material omission. (Ord. No. 36-92, 1, 1-27-92; Ord. No. 1033-95, 6, 12-11-95; Ord. No. 56-05, 1, 1-31-05) Sec. 2-308. Rules and regulations. The city clerk may promulgate rules and regulations to define, interpret, implement and enforce the provisions of this article and to prevent the evasion of the requirements of this article. The city clerk shall promulgate rules and regulations to provide for show-cause hearings as required herein. In addition to the requirements for adopting rules and regulations established by article VI of chapter 2 of the Revised Municipal Code, the clerk shall notify the council by a formal communication whenever a new rule is issued or an existing rule is revised. (Ord. No. 36-92, 1, 1-27-92; Ord. No. 56-05, 1, 1-31-05) Sec. 2-309. Powers of the city clerk; granting and revoking of certificates; barring from registration; reporting to city attorney for criminal prosecution. (a) Reserved. (b) On his or her own motion or on the verified complaint of any person, the city clerk shall investigate the activities of any person who is or who has allegedly engaged in lobbying and who may be in violation of any provision of this article. (c) The city clerk may apply to the district court of the City and County of Denver for the issuance of an order requiring any person who is believed by the city clerk to be engaging in lobbying without having registered as provided in section 2-302, to produce documentary evidence which is relevant or material to a determination of the matter. (d) After notice has been given and a hearing held, if the city clerk finds that a violation of this article has occurred, the clerk shall issue a cease and desist order setting forth the provisions that have been violated and the facts underlying the violation and shall: (1) Issue a written warning to the person who committed the violation; or (2) Revoke, or suspend for a maximum period of twelve (12) months, the certificate of registration required by section 2-302; (3) Bar a person from registration for a maximum period of twelve (12) months; or (4) Report the violation to the city attorney for consideration of criminal prosecution of the person as provided in sections 2-307 and 1-13 of the Revised Municipal Code. (e) The clerk shall notify covered officials within five working days regarding any action taken pursuant to paragraphs (b) and (c) of this section. (Ord. No. 36-92, 1, 1-27-92; Ord. No. 1033-95, 7, 12-11-95; Ord. No. 56-05, 1, 1-31-05; Ord. No. 920, IV, 1-3-17) Denver, Colorado, Code of Ordinances Page 77
Sec. 2-310. Notice. If, in any bi-monthly financial report filed under section 2-303, it is reported that more than fifty dollars ($50.00) was spent while lobbying a covered official or that a lobbyist donated to a covered official any meals, tickets to events for which admission is charged, or reduced price admissions to events for which admission is charged, then the city clerk shall notify the covered official in writing within twenty-one (21) days. The city clerk shall also notify any covered official if a lobbyist reports any business or employment relationship involving that official within twenty-one (21) days. Following receipt of either notification, the covered official may, within fifteen (15) days, file a written statement containing the reasons why his or her name should not be included in the report. This statement shall be attached to and remain a part of the report. (Ord. No. 36-92, 1, 1-27-92; Ord. No. 1033-95, 8, 12-11-95; Ord. No. 56-05, 1, 1-31-05; Ord. No. 920-16, IV, 1-3-17) Sec. 2-311. Fees. The clerk is authorized to establish fees and late filing penalties for: (1) Filing of lobbyist registration statements as required by subsection 2-302(b); (2) Amending lobbyist registration statements as required by subsection 2-302(d); (3) Filing bi-monthly financial reports as required by subsection 2-303(b); The clerk shall establish a fee schedule and make said schedule available to the public online. (Ord. No. 36-92, 1, 1-27-92; Ord. No. 279-03, 2, 4-21-03; Ord. No. 56-05, 1, 1-31-05; Ord. No. 920-16, V, 1-3-17) Sec. 2-312. Prohibited practices. No person engaging in lobbying shall: (1) Attempt to influence any covered official by means of deceit or by threat of violence or economic or political reprisal against any person or property, with intent thereby to alter or affect such covered official's decision, vote, opinion, or action concerning any legislative matter which is to be considered or performed by him or her or the agency or body of which he or she is a member; (2) Knowingly provide false information to any covered official as to any material fact pertaining to any legislative matter which is to be considered or performed by him or her or the agency or body of which he or she is a member; (3) Misappropriate or misuse city office supplies; (4) Use city reproduction machines without paying for such use; (5) Enter or use a covered official's office, phone, or parking space without explicit permission; (6) View, remove, or attempt to remove any document, record, or information in any form whatsoever, from any covered official's office, desk, files, reproduction machine, computer equipment, or computer files or from any other place or source without explicit permission; (7) Lobby a covered official in any city building unless the lobbyist is wearing a clearly visible badge identifying his or her name and firm, and unless the lobbyist discloses to the covered official the person whom the lobbyist is representing if requested by the covered official; provided, however, Denver, Colorado, Code of Ordinances Page 78
that the penalty for failing to wear a clearly visible badge shall be a letter of reprimand from the clerk. (Ord. No. 1033-95, 9, 12-11-95; Ord. No. 56-05, 1, 1-31-05) Secs. 2-313, 2-314. Reserved. FOOTNOTE(S): --- (11) --- Editor's note Ord. No. 36-92, 1, adopted Jan. 27, 1992, amended this chapter by adding Art. XII, regulation of lobbyists, 2-280 2-291. Such provisions have been codified as Art. XIII, 2-300 2-311, at the discretion of the editor, inasmuch as other provisions were previously codified as Art. XII. Denver, Colorado, Code of Ordinances Page 79