Lobbying: The Shadow Government 1. Summary In a similar manner, other large government jurisdictions throughout

With at least $4.4 billion dollars at stake, the the Clerk of the Board detailing their public deserves to know: lobbying activities during the preceding quarter, includingthe following: • How the money is spent a. A description of the matters for • How decisions are made to allocate these which the lobbyist or lobbyist firm funds and attempted to influence official ac- • The influence of paid lobbyists in this tion. decision process b. The payments made to the lobbyist

The lack of a lobbying ordinance reduces or lobbyist firm for their services and transparency of County Government. the source of payment.

Most lobbying ordinances apply both to c. Payments in any form given to elected and appointed officials as well as County officials during the preceding department heads. month. F.5 The Board of Supervisors has begun con- d. Campaign contributions made to sideration of this issue, but is divided in its County elected officials. support of a substantive lobbying ordinance. 4. Data Base: The Clerk of the Board Responses to Findings F.1, F.2, F.3, and F.4 are should maintain comprehensive data required from the Orange County Board of Super- regarding all registered lobbyists includ- visors. ing quarterly reports and registration 6. RECOMMENDATIONS information. These data will be part of the public record and be fully accessible

The Board of Supervisors has begun con- d. Campaign contributions made to sideration of this issue, but is divided in its County elected officials. support of a substantive lobbying ordinance. 4. Data Base: The Clerk of the Board Responses to Findings F.1, F.2, F.3, and F.4 are should maintain comprehensive data required from the Orange County Board of Super- regarding all registered lobbyists includ- visors. ing quarterly reports and registration 6. RECOMMENDATIONS information. These data will be part of the public record and be fully accessible R1. Orange County Board of Supervisors should to the public including electronic access adopt a lobbying ordinance that includes the to records. following key elements: 5. Enforcement: Lobbyist or Lobbying 1. Registration: Any individual as de- firms failing to register or report should fined as a lobbyist shall register with the be subject to fines and penalties up to County Clerk of the Board as a “Reg- and including the filing of misdemeanor istered Lobbyist” prior to contact with charges. Fees and penalties should be or within 10 calendar days after con- progressive and tough enough to ensure tact with any member of the Board of compliance. Supervisors or other elected or appointed R2. The language in the lobbying ordinance County Officeholder or Department should be written in a manner to improve Head. All lobbyists or lobbying firms the community’s trust in county govern- will update their registration annually. ment. 2. Fees: The County should establish a fee R3. The Orange County ordinance should apply schedule for initial and annual registra- to all elected and appointed County Officers tion of lobbyists. The fees should be ad- as well as all County Department Heads. equate to offset the cost of administering the lobbyist registration and reporting Responses to Recommendations R.1, R.2, and process. R.3. are required from the Orange County Board of Supervisors. 3. Reporting: Each lobbyist and lobbying firm should file a quarterly report with . REQUIRED RESPONSES (1) The recommendation has been imple- mented, with a summary regarding the The California Penal Code specifies the required implemented action. permissible responses to the findings and recom- (2) The recommendation has not yet been mendations contained in this report. The specific implemented, but will be implemented in sections are quoted below: the future, with a timeframe for implemen- §933.05 tation. (a) For purposes of Subdivision (b) of Section (3) The recommendation requires further 933, as to each grand jury finding the responding analysis, with an explanation and the scope person or entity shall indicate one of the following: and parameters of an analysis or study, and (1) The respondent agrees with the finding. a timeframe for the matter to be prepared for discussion by the officer or head of the (2) The respondent disagrees wholly or agency or department being investigated or partially with the finding, in which case reviewed, including the governing body of the response shall specify the portion of the the public agency when applicable. This finding that is disputed and shall include an timeframe shall not exceed six months from explanation of the reasons therefore. the date of publication of the grand jury (b) For purposes of subdivision (b) of Section report. 933, as to each grand jury recommendation, the (4) The recommendation will not be imple- responding person or entity shall report one of the mented because it is not warranted or is not following actions: reasonable, with an explanation therefore. 2009-2010 Orange County Grand Jury Page