.:: ELFS ::. -

2. To mitigate concerns about back-room deals by requiring a meaningful degree of transparency from those who seek to influence the decisions of public officials.

3. To provide an ethical framework for lobbyists to have their voices heard in our district without compromising public trust or integrity.

Question: Who needs to register under LAUSD’s Lobbying Disclosure Program?

Answer: Entities that meet the registration triggers described below must register with LAUSD:

1. Expenditure Trigger - An organization that expects to spend $10,000 or more during the calendar year to lobby LAUSD on its own behalf meets this trigger and is required to register as an Expenditure Lobbying Organization.

2. Compensation Trigger - An organization that is paid (in any amount) lobby LAUSD on a client’s behalf meets this trigger and is required to register as a Paid Lobbying Organization.

An organization that meets both triggers should register under the single category of Paid Lobbying Organization.

An individual employee is required to register with LAUSD as a Lobbying Representative if he or she is paid by a Lobbying Organization to engage in 30 hours or more of lobbying activities during any calendar quarter. Lobbying Representatives must register under the name of the organization that employs them to lobby LAUSD.

Question: What is a Paid Lobbying Organization?

Answer: A Paid Lobbying Organization is an entity that meets the compensation trigger or the compensation and expenditure triggers.

Question: What is an Expenditure Lobbying Organization?

Answer: An Expenditure Lobbying Organization is an entity that meets the expenditure trigger. A Small Expenditure Lobbying Organization is an entity that spends $10,000 or more, but less than $100,000, during a calendar year to lobby LAUSD. A Large Expenditure Organization is an entity that spends $100,000 or more to lobby LAUSD.

Question: What is a Lobbing Representative?

Answer: A Lobbying Representative is an individual who is paid by a Lobbying Organization to engage in 30 hours or more of lobbying activities aimed at an LAUSD decision during a calendar quarter.

Question: Which activities can trigger the need for registration?

Answer: The following are forms of lobbying when they are taken with the primary purpose of influencing an LAUSD decision or action:

attending or monitoring board meetings or other LAUSD events;
communicating or arranging meetings with LAUSD officials;
drafting recommendations or proposals for LAUSD’s consideration;
gathering information or researching LAUSD matters;
giving gifts or other financial benefits to LAUSD officials;
promoting products or services out of the scope of the bid process;
recommending strategies to clients on LAUSD matters; and
seeking support from a third party (e.g. via the media) on LAUSD issues.

Question: Which activities do not by themselves trigger the need for registration?

Answer: The following activities do not trigger the need for someone to register, if they are the only activities undertaken:

acting as a union representative solely on maters directly related to the scope of representation or bargaining;
acting in one’s capacity as a government employee or official;
awarding a grant or charitable contribution in response to an application or solicitation issued by LAUSD and in accordance with LAUSD policy;
participating in the bid process or negotiating the terms of an existing written agreement with LAUSD;
performing professional services (e.g. providing technical expertise) for a Paid Lobbying Organization;
requesting or obtaining public information;
soliciting a purely adjudicative action where LAUSD officials are determining the employment, enrollment, or disciplinary status of an individual; or
soliciting a purely ministerial action where LAUSD officials have little discretion in applying rules imposed by a higher authority.

Question: How long is registration valid?

Answer: Registration is valid for one calendar year and is automatically terminated on December 31^st of each year.

Question: Are there registration fees?

Answer: Yes. Like the vast majority of public agencies across the nation, LAUSD charges registration fees to offset the costs of administering a user-friendly Lobbying Program. The money goes to support the costs of providing transparency.

Per Lobbying Organization: $200

Per Lobbying Representative: $100

Per Client: $150

Any organization for which the registration fees would cause a severe financial hardship can apply for a fee waiver from the Ethics Office.

Question: What does an organization have to disclose if it registers?

Answer: Disclosure includes a description of an entity’s lobbying activities, compensation, clients, payments, expenditures, representatives, and other relevant information. There are two types of disclosure: 1) The Initial Disclosure is included in the registration process and is an upfront report of an entity’s lobbying plans. 2) The Quarterly Disclosure is a report on lobbying activities and expenditures undertaken during a calendar quarter.

Question: What does a Lobbying Organization’s “standing” refer to?

“Standing” refers to a Lobbying Organization’s level of compliance with respect to the rules of the LAUSD Lobbying Disclosure Code.

“Good” standing means that a Lobbying Organization and its representatives have complied with filing requirements and deadlines of the Code and that there are no unresolved fines or violations on record.

“Non-Compliant” standing means that a Lobbying Organization and/or its representatives are out of compliance with the administrative requirements of the Code (e.g. they have not submitted a required Quarterly Disclosure report).

“In Violation” standing indicates willful, repeated, and/or egregious violations of the requirements of LAUSD’s Lobbying Disclosure Code.

Question: Is this LAUSD’s first Lobbying Program?

Answer: No. LAUSD’s first lobbying code was enacted in November 2002. However, in May 2006 the LAUSD Board of Education adopted a revised lobbying code to clarify and strengthen the program. The revised policy is not only easier to understand for lobbyists, employees, and the public, but it also provides a greater level of transparency through the online disclosure system..

Question: Isn’t lobbying always a bad thing?

Answer: Absolutely not. Our lobbying policy is premised on the concept that lobbying is both valuable and necessary in our democracy. Our decision-makers can benefit greatly from the outside perspectives and expertise brought by those who lobby LAUSD.

Many of the people who are required to register under our program do not consider themselves lobbyists because they work for businesses, law firms, nonprofits, unions, etc. and their jobs encompass a much broader range of activities than just lobbying. However, if they spend any of their time attempting to influence LAUSD decisions or actions and they meet our registration trigger(s) then they must register.

Our lobbying program is applied consistently to those who meet our criteria regardless of the cause they represent. We intentionally refrain from making value judgments about the intentions, mission, or goals of any lobbying organization when we require them to register.

Question: If an organization is already registered under another public agency, do they have to register separately under LAUSD?

Answer: Yes. LAUSD’s lobbying policy works differently than and is unrelated to the policies of other public agencies, including City of LA, State of California, or even the IRS.

Question: Will this program jeopardize a non-profit’s 501(c)3 status with the IRS?

Answer: No. 501(c)3 non-profits may meet our registration triggers and be required to register without violating IRS rules about how much a 501(c)3 can lobby. The IRS has its own criteria for what constitutes too much lobbying for a non-profit. That criteria is based on the proportion that lobbying comprises of an organization’s total activities. Our triggers are different, they are based on whether an entity is paid or how much it spends, regardless of the proportion that lobbying comprises of its total activities.

Question: How do I know if someone is registered?

Answer: Go to www.lausd.net/ethics. Click on “Lobbying Disclosure” and go to the Electronic Lobbying Filing System (ELFS) Public Registry to search for Lobbying Organizations and their Representatives.

Question: Who administers this program?

Answer: LAUSD’s lobbying policy is administered by the Ethics Office and enforced by the Ethics Office in conjunction with the Office of General Counsel and the Office of Inspector General. If you have questions, visit www.lausd.net/ethics and click on “Lobbying Disclosure” or call the Ask Ethics Helpline at 213-241-3330.