Effective August 17, 2023, The City of Cupertino’s lobbying ordinance, Ordinance No. 23-2249, has been revised to include amendments to the definitions of lobbyist, including an amendment to remove the requirement that “Expenditure Lobbyists” register with the City. In addition, the ordinance:

• Revises and/or clarifies certain exemptions from registration requirements.
• Revises information requirements for registration and clarifies the requirement for reporting contacts with City Officials.
• Replaces quarterly reporting requirements with semi-annual reporting to minimize administrative burden.
• Revises enforcement provisions of the ordinance for clarity and consistency.
• Makes various other revisions for clarity, internal consistency, and/or gender neutrality.

The revisions emphasize the ordinance’s intent to regulate paid lobbying of public officials by for-profit entities and not communications to the general public that are entitled to greater protection under the First Amendment.

Lobbyist Registration, Reporting and Disclosure Requirements

The following is a general summary of the City of Cupertino’s lobbying ordinance, Ordinance No. 23-2249, codified as Cupertino Municipal Code Chapter 2.100 (click link for the full text of CMC Ch. 2.100). Lobbyists should review Chapter 2.100 in full to ensure compliance with all code requirements. 

Under CMC Section 2.100.030(n), “lobbying” means influencing or attempting to influence a legislative or administrative action of the City of Cupertino. CMC Section 2.100.030(o) defines “lobbyist” to include two categories:

• Contract Lobbyist: A Person who engages in Lobbying on behalf of one or more Clients (acting individually or through agents, associates, employees or contractors) and who has received or has entered into an agreement for Compensation of five thousand dollars ($5,000.00) or more, or equivalent nonmonetary Compensation (“threshold Compensation”) for engaging in Lobbying during any calendar quarter during the preceding twenty-four months; or 

• Organization Lobbyist: Any Organization that hires an employee for Compensation to engage in Lobbying on its behalf with the City, provided that the employee is paid five thousand dollars ($5,000.00) or more, or equivalent nonmonetary Compensation (“threshold Compensation”), during any calendar quarter during the preceding twenty-four months specifically for engaging in Lobbying or for time during which Lobbying was the employee’s primary duty. Individuals employed by an Organization Lobbyist to engage in Lobbying are not themselves Lobbyists unless they meet the definition of Contract Lobbyist.

The ordinance also includes exemptions from the definition of “lobbyist,” listed in CMC Section 2.100.031.

The ordinance requires lobbyists to register with the City and pay a registration fee. See CMC Sections 2.100.040-090. Lobbyists must renew their registration annually by January 15th of each year. As part of registration, lobbyists must disclose their contact information, business information, client contact information, the nature of the clients’ business, the items of legislative or administrative action the lobbyist is seeking to influence, and payments received for services rendered to the City, City officials, City officials-elect, or their controlled committees or ballot measure committees, as well as other information listed in CMC Section 2.100.090.

Lobbyists must submit semi-annual reports to the City Clerk’s Office disclosing their lobbying activities for the prior six-month period, including the same information disclosed in the annual registration. Semi-annual reports are due on or before July 15th and January 15th of each year, whether or not any Lobbying activities have occurred during such period.

Public Access Portal

The Public Access Portal contains lobbyist filings. Use the Public Access Portal to search for lobbyists by Name. Get Started Now.

Lobbyist Filing Instructions

Lobbyists use the City of Cupertino Lobbyist Registration Form to register and file semiannual statements. For more information, contact the City Clerk's Office at cityclerk@cupertino.gov or (408) 777-3223.

Resources

City of Cupertino Lobbyist Ordinance