Lobbyist Information

Who is a Lobbyist?

You are a lobbyist if you try to influence a city official or someone elected to city office about a city decision or action.

This includes decisions about laws or how the City runs its programs (San José Municipal Code § 12.12.170).

Lobbyists must register with the City Clerk’s Office and file weekly reports in the eFile System.

For more details, review our Frequently Asked Questions.

Email lobbyist@sanjoseca.gov if help is needed.

Monday and ends at 11:59 p.m. on the following Sunday. Weekly reports must be filed with the City Clerk by 5:00 p.m. on Monday for the prior calendar week. If Monday is a holiday, the weekly report must be filed by 5:00 p.m. the next business day.

Contact the City Clerk’s Office for all Lobbyist reports filed prior to February 2018 at lobbyist@sanjoseca.gov.

Additional Information for Lobbyists

Questions about the lobbyist registration process, or further information, please contact the Office of the City Clerk at lobbyist@sanjoseca.gov or call (408) 535-1260.

LEVINE ACT

Senate Bill 1439 (“Levine Act”) amended Government Code Section 84308 and requires disclosure and recusal by a local elected official and some members of boards and commissions if they receive campaign contributions over $250 from a party, a participant with a financial interest in a proceeding, or their respective agents. The Levine Act was an anti-corruption law intended to curb “pay-to-play” and enhance public trust so that decision-makers can maintain their independence from the influence of donations for political campaigns. SB 1439 expanded the scope from state agency appointees or appointed local officials to include local elected officials. Visit our Levine Act page for more information and to file the form.

FAQs

Who is a lobbyist?
A person may meet the description of one or more of three types of lobbyists depending on the circumstances.
1. A “Contract Lobbyist” is a person (either an entity or an individual) with a client who compensates the person to engage in lobbying activity on their behalf. The compensation must be $1,000 or more in any consecutive three months and can be for any services as long as one of those services is lobbying activity.
2. An “In-House Lobbyist” is an entity including a sole proprietorship whose owners, officers, and employees are compensated by the entity to engage in lobbying activity on its behalf and whose collective time totals ten (10) hours or more in any consecutive twelve (12) month period. An owner is deemed to be compensated based on his or her financial interest in the entity.
  The time an officer or employee spends on lobbying activity for his or her employer and/or personal initiative which is not compensated would not be attributed to the 10 hour threshold.
3. An “Expenditure Lobbyist” is any person that pays or incurs a cost in the amount of $5,000 or more in a calendar year for a public relations campaign, advertising or similar activity to solicit and urge others to lobby. All payments or expenditures in the calendar year from the person should be aggregated to determine whether the collective amount is $5,000 or more. This form of indirect lobbying excludes compensation paid to Contract Lobbyists or In-House Lobbyists for lobbying activity and dues and donations paid to an organization.
If you meet the descriptions for any of the three types of lobbyists listed above, you are required to register with the City of San Jose as a lobbyist.
Are nonprofit organizations that have federal tax exempt status subject to the City’s Lobbying Ordinance?
San Jose Municipal Code Section 12.12.020 exempts individuals from nonprofit organizations in two situations:
1. Compensated officers or employees of a nonprofit organization with tax exempt status under Section 501(c)(3) of the Internal Revenue Code whose attempts to influence governmental action are on behalf of the organization.
2. Uncompensated members or uncompensated members of the board of directors of nonprofit organizations. For the purpose of this exemption, the term “nonprofit organization” has been interpreted to be any entity which would qualify under the Federal Internal Revenue Code as a nonprofit
Who are the City Officials?
The list of City Officials may be subject to change. Any questions regarding specific individuals not on the list should be directed to the Office of the City Clerk. Pursuant to Section 12.12.120,

“City Officials” are:
1. The Mayor and Councilmembers;
2. The Chair and Members of the Successor Agency Board;
3. Council Appointees;
4. The Mayor and Councilmembers’ staff (except administrative staff);
5. Members of the Planning Commission, Appeals Hearing Board, and Civil Service Commission;
6. City Manager, Assistant City Manager and Deputy City Managers;
7. Successor Agency Executive Director and his or her Assistants and Deputies;
8. City Department Heads; and
9. City representative to any joint powers authority to which the City is a party.

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