19801007 1980-16ORDINANCE NO. 1980--16
AN ORDINANCE REGULATING THE ACTIVITY
OF LOBBYISTS AND PERSONS HAVING AN INTEREST
IN A CABLE TELEVISION FRANCHISE WITHIN THE
CITY OF FAIRFAX.
WHEREAS, Council Members are being or may be approached
by individuals, associations, groups, corporations or other
entities who have an interest in a cable television franchise
within the City of Fairfax; and
WHEREAS, lobbying for cable television has been or
may be measurably more intense than the usual, customary lobbying
on other topics before Council; and
WHEREAS, the public good will be advanced if the
affiliation and activity of these private interests are public
knowledge; now, therefore,
BE IT ORDAINED by the Council of the City of Fairfax,
Virginia, that Article I of a new Chapter 5A entitled "Cable
Television" of the Code of the City of Fairfax be and the
same is hereby enacted to read in its entirety as follows:
"CHAPTER 5A
CABLE TELEVISION
ARTICLE I - LOBBYING
Sec. 5A-1 Definitions
Sec. 5A-2 Offenses
Sec. 5A-3 Registration
Sec. 5A-4 Statements of Expenditures
Sec. 5A-5 Campaign Contributions
Sec. 5A-6 Communications with City Council and City Staff
Sec. 5A-7 Ownership
Sec. 5A-8 Duties of Clerk
Sec. 5A-9 Powers of City Manager
Sec. 5A-10 Penalties
Sec. 5A-11 Severability
Sec. 5A-1. Definitions.
For purposes of this chapter, the words and phrases
defined in the sections hereunder shall have the meanings therein
respectively ascribed to them except where a different meaning
is clearly indicated by the context.
"Compensation" means a salary, gift, payment, benefit,
subscription, loan, advance, reimbursement, or deposit of money
or anything of value; or a contract, promise, or agreement, whethe
or not legally enforceable, to make compensation.
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"Engage" means any arrangement whereby a person is
employed or retained for compensation to act in some part to in-
fluence cable television franchise legislation.
"Expenditure" means payment, distribution, loan, advance
deposit, reimbursement, or gift of money, real estate, or anything
of value; or a contract, promise, or agreement, whether or not
legally enforceable, to make an expenditure.
"Influence legislation" means to promote, advocate, or
oppose the passage, defeat, or executive approval or veto of
cable television franchise legislation by direct communication
with any member of Council, the City Manager, or a member of the
managerial staff of the City.
"Legislation" means ordinances, resolutions, amendments,
nominations, and other matters pending before Council, including
executive approval or veto of any matter acted upon by the Council
pertaining to a cable television franchise.
"Person" or "Applicant" means any individual, partnershi ,
trust, estate, business trust, association, corporation, or entity
being a bidder or prospective bidder for a cable television
franchise or having a financial relationship therein, through
employment, stock interest or otherwise.
Sec. 5A-2. Offenses.
(a) No person engaged to influence cable television
franchise legislation shall fail to register as required
under Sec. 5A-3 of this chapter.
(b) No person engaged to influence cable television
franchise legislation shall fail to keep a receipt or maintain
a record as required by Sec. 5A-4 of this chapter.
(c) No person engaged to influence cable television
franchise legislation shall fail to file a statement as required
by Sec. 5A-3 of this chapter.
Sec. 5A-3. Registration.
(a) Any person seeking to influence cable television
franchise legislation, directly or through another, shall file
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with the clerk a registration statement showing all of the
following:
(1) The person's name, business address, and occupation
(2) The name and business address of the person(s) who
is (are) compensating such person to influence the legislation, or
a description of the financial relationship involved;
(3) A brief description of the legislation such person
is being compensated to influence.
(b) Upon a change in any information required by this
section, the registration statement filed pursuant to this section
shall be amended, within 30 days, to reflect such change.
(c) No registration statement shall be valid beyond the
31st day of December of each even-numbered year.
(d) No registration fee shall be charged.
Sec. 5A-4. Statement of Expenditures.
(a) Each person who is compensated to influence cable
television franchise legislation shall file in the office of the
~lerk a statement of expenditures. The statement shall show the
~otal amount of expenditures made by the person filing the statemer
to influence such legislation and the specific purpose of the
expenditure. The person shall also state the name of the public
body, public officer or employee to whom or on whose behalf
the expenditure was made, the total amount of the expenditure, and
the exact legislation sought to be influenced, by ordinance or
resolution number. The statements shall be filed on or before
the fifth day of each month. Each statement shall cover expendi-
tures made during the preceding month.
In cases in which it is impractical or impossible to
determine exact dollar amounts or values of expenditures,
g of good faith estimates, based upon reasonable accounting
)rocedures, shall constitute compliance with this section.
(b) All persons who are compensated to influence cable
~elevision franchise legislation shall retain receipts or maintain
)rds for all expenditures that are required to be reported pur-
nt to this section. These receipts or records shall be
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maintained for a period ending on the 31st day of December of the
second calendar year after the year in which the expenditure was
made.
Sec. 5A-5. Campaign Contributions.
All persons who are compensated to influence cable
television legislation shall report any campaign contributions
which have been made to members of the City Council. Such report
shall be filed when a franchise proposal is submitted and within
sixty (60) days after the contribution is made during the term of
any franchise. The report of campaign contributions will be filed
with the expenditure statements in Sec. 5A-4.
Sec. 5A-6. Communications with City Council and City Staff.
Communication with the City Council by applicants,
their agents and their representatives concerning cable television
matters as covered by this Chapter shall be limited to public
sessions. Such communication with individual City Council members
officers and employees of the City by applicants, their agents
and their representatives is prohibited, except that requests
for information or for meetings to exchange necessary informa-
tion may be addressed to the City Manager or his designee.
City Council members, the City Manager and other City officials
are required to disclose any discussions held, information
provided or meetings attended other than Council's public
sessions with applicants, their agents and their representatives.
The aforesaid disclosure shall be made by filing a
statement with the City Clerk summarizing the discussions within
one week of the contact. The statement shall contain the name or
names of the persons contacting the official; the method of
communication, with a copy of it attached, if written; and the dat.
place and subject matter of the communication. The Clerk shall
keep these statements in accordance with Sec. 5A-8.
Communication is prohibited by applicants, their
agents and their representatives with the City's cable television
consultant.
Sec. 5A-7. Ownership.
The ownership structure of the applicant is a matter to
be determined by the applicant, but the City discourages the
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solicitation and/or use of local citizens or affiliations for
the purpose of influencing the award of a franchise. If local
participation is a component of the ownership structure of the
applicant, then the City desires that such local interests have
a bona fide investment in that company. Local ownership is not
a requirement for receiving the award of the franchise. If
an applicant includes participation of citizens of the City of
Fairfax in its ownership structure, the City encourages
innovative methods of structuring to maximize that participa-
tion. In reviewing ownership interests, the City will look with
disfavor on proposals containing the following elements:
(a) Proposals in which any investor's percentage of
stock is greater than the percentage of total funds or services
actually invested. Services contributed in lieu of monetary
investment may include personal services, materials, equipment
or facilities, but such must be quantifiable.
(b) Proposals where investors have received loans or
assurances of loans in the future from the cable company with
which to purchase stock.
(c) Proposals where a cable company guarantees the
investors little or no financial risk.
Sec. 5A-8. Duties of Clerk.
The Clerk shall keep on file the statements required
by Sections 5A-3 and 5A-4 of this chapter. Such state-
ments are public records and open to public inspection. The Clerk
shall provide copies of the statements to the general public upon
request and may charge a reasonable fee not to exceed the cost of
copying and delivering the statement.
Sec. 5A-9. Powers Of the Cit~y Manager.
The City Manager or his designee may investigate
compliance with this chapter and, in the event of an apparent
violation, shall institute such proceedings as are appropriate.
Sec. 5A-10. Penalties.
A violation of any provision of this chapter is
a Class 3 misdemeanor.
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The City Council in its discretion may eliminate from
consideration any applicant for the award of a cable television
franchise within the City because of a violation or violations
of the provisions of this chapter by any of its members, agents
or representatives.
Sec. 5A-11. Severabilit.y.
If any section, subsection, paragraph, sentence, clause,
or phrase of this chapter should be declared invalid for any
reason whatsoever, such decision shall not affect the remaining
portion of this chapter, which shall remain in full force and
effect; and to this end the provisions of this chapter are
hereby declared to be severable."
This ordinance shall become effective immediately
upon its adoption by the City Council of the City of Fairfax,
Virginia.
Introduced: September 23, 1980
Adopted: October 7, 1980
ATTEST:
Mayor