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New York City Administrative Code Section 3-211 - Definitions.

Legal Research Home > New York Lawyer > NYC Administrative Code > New York City Administrative Code Section 3-211 - Definitions.

    § 3-211.  Definitions. Whenever used in this subchapter, the following
  words and phrases shall be construed as defined in this section:
    (a) The term  "lobbyist"  shall  mean  every  person  or  organization
  retained,  employed  or  designated by any client to engage in lobbying.
  The term "lobbyist" shall not include any officer  or  employee  of  the
  city  of  New  York, the State of New York, any political subdivision of
  the State, or any public  corporation,  agency  or  commission,  or  the
  United States when discharging his or her official duties.
    (b)  The  term  "client"  shall  mean every person or organization who
  retains, employs or designates any person or organization  to  carry  on
  lobbying activities on behalf of such client.
    (c)  (1)  The  term "lobbying" or "lobbying activities" shall mean any
  attempt to influence:
    (i) the passage or defeat of any local law or resolution by  the  city
  council,
    (ii) the approval or disapproval of any local law or resolution by the
  mayor,
    (iii) any determination made by an elected city official or an officer
  or  employee  of  the  city  with  respect  to the procurement of goods,
  services  or  construction,  including  the  preparation   of   contract
  specifications,  or  the  solicitation,  award  or  administration  of a
  contract, or with respect to the solicitation, award  or  administration
  of  a  grant,  loan,  or  agreement involving the disbursement of public
  monies,
    (iv) any determination made by the mayor, the city council,  the  city
  planning commission, a borough president, a borough board or a community
  board  with  respect to zoning or the use, development or improvement of
  real property subject to city regulation,
    (v) any determination made by an elected city official or  an  officer
  or  employee of the city with respect to the terms of the acquisition or
  disposition by the city of any interest in real property,  with  respect
  to  a  license or permit for the use of real property of or by the city,
  or with respect to a franchise, concession or revocable consent,
    (vi) the adoption, amendment or rejection by an  agency  of  any  rule
  having the force and effect of law,
    (vii) the outcome of any rate making proceeding before an agency, or
    (viii) any determination of a board or commission.
    (2)  The  definition  of  the term "lobbying" or "lobbying activities"
  shall not apply to any determination in an adjudicatory proceeding.
    (3) The following persons and organizations shall be deemed not to  be
  engaged in "lobbying activities":
    (i)  persons  engaged  in  advising  clients,  rendering  opinions and
  drafting, in  relation  to  proposed  legislation,  resolutions,  rules,
  rates,  or  other  proposed  legislative,  executive  or  administrative
  action, where such persons do not themselves engage  in  an  attempt  to
  influence such action;
    (ii)  newspapers  and  other  periodicals  and  radio  and  television
  stations,  and  owners  and  employees  thereof,  provided  that   their
  activities  are  limited  to the publication or broadcast of news items,
  editorials or other comment, or paid advertisements;
    (iii)  persons  who  participate  as  witnesses,  attorneys  or  other
  representatives  in  public rule making or rate making proceedings of an
  agency, with respect to all participation by such persons which is  part
  of  the  public  record  thereof and all preparation by such persons for
  such participation;
    (iv)  persons  who  appear  before  an  agency  in   an   adjudicatory
  proceeding;

    (v)  persons  who  prepare  or  submit  a  response  to  a request for
  information or comments by the city council or one  of  its  committees,
  the mayor, or other elected city official or an agency;
    (vi)  (A)  contractors or prospective contractors who communicate with
  or appear before city contracting officers or employees in  the  regular
  course  of  procurement  planning,  contract development, the contractor
  selection process, the administration of a contract, or the audit  of  a
  contract,  when  such  communications  or  appearances  are made by such
  contractors or prospective contractors personally, or through:
    1. such officers  and  employees  of  the  contractor  or  prospective
  contractor who are charged with the performance of functions relating to
  contracts;
    2.  subcontractors  or  prospective  subcontractors who are or will be
  engaged in the delivery of goods, services or construction  pursuant  to
  the  contract  of  such  officers  and employees of the subcontractor or
  prospective subcontractor  who  are  charged  with  the  performance  of
  functions relating to contracts; or
    3.  persons who provide technical or professional services, as defined
  in clause (B) of  this  subparagraph,  on  behalf  of  such  contractor,
  prospective contractor, subcontractor or prospective subcontractor.
    (B) For the purposes of clause (A) of this subparagraph:
    1.  "technical  services"  shall  be  limited  to  advice and analysis
  directly  applying  any  engineering,  scientific,  or   other   similar
  technical discipline;
    2.  "professional  services"  shall  be limited to advice and analysis
  directly applying any legal, accounting or  other  similar  professional
  discipline  in connection with the following elements of the procurement
  process only: dispute resolution, vendor  protests,  responsiveness  and
  responsibility   determinations,   determinations  of  prequalification,
  suspensions, debarments, objections to registration pursuant to  section
  328  of  the  charter,  contract interpretation, negotiation of contract
  terms after the award  of  a  contract,  defaults,  the  termination  of
  contracts  and  audit of contracts. Any person who provides professional
  services pursuant to this subparagraph in connection  with  elements  of
  the  procurement process not specified above in this item, whether prior
  to, in connection with or after the award of a contract, shall be deemed
  to be engaged in lobbying activities, unless such person is  deemed  not
  to  be  engaged  in  lobbying activities under another provision of this
  paragraph; and
    3. "city contracting officers or employees" shall not include  elected
  officials  or  deputies  of  elected  officials  or  any person not duly
  authorized  to  enter   into   and   administer   contracts   and   make
  determinations with respect thereto; and
    (vii) persons or organizations who advertise the availability of goods
  or services with fliers, leaflets or other advertising circulars.
    (d)  The  term  "organization" shall include any corporation, company,
  foundation, association, labor organization, firm, partnership, society,
  or joint stock company.
    (e) The term "compensation" shall mean any salary, fee, gift, payment,
  subscription, loan, advance or any other  thing  of  value  paid,  owed,
  given  or  promised  by  the  client  to the lobbyist for the purpose of
  lobbying.
    (f) The term "expenditure" shall mean  any  expenses  incurred  by  or
  reimbursed to the lobbyist for lobbying.

Last modified: August 13, 2006