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The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Communication means a transmittal of information, data, ideas, opinions, or anything of a similar nature, by oral, written, or any other means to a covered official.

Covered official means:

(a) The mayor and members of the city council;

(b) The city manager and any deputy or assistant city manager;

(c) The director of any city department or agency, and any deputy or assistant director, or division manager;

(d) The chief of police, the fire chief, and any deputy or division chief of the police or fire department;

(e) The city attorney and any deputy city attorney;

(f) The appointed members of the board of adjustment and appeals, the building code and contractors appeals and standards board, the planning and zoning commission, and the civil service commission;

(g) The court administrator and the presiding judge; and

(h) Any candidate who has been elected to office but not yet sworn in. For purposes of this definition, a candidate is considered elected to office on the date the city council adopts its resolution declaring the results of the election.

Expenditure means a payment, distribution, loan, advance, deposit, or gift of money or anything of value directly connected to the purpose of lobbying, including any contract, promise, or agreement, whether or not legally enforceable, to make an expenditure.

Lobbying means communicating directly, or soliciting others to communicate, with a covered official for the purpose of aiding in or influencing the covered official to favor or oppose, recommend or not recommend, vote for or against, or to take or refrain from taking any official action.

(a) "Lobbying" excludes communications by persons who are not otherwise registered as lobbyists and:

1. Who limit their activities to appearances for the purpose of giving testimony or providing information to the city council or a committee thereof, or a city board or commission at a public hearing or meeting; or

2. Who give testimony or provide information at the request of public officials or employees and who clearly identify themselves and the interest for whom they are testifying or providing information.

Lobbyist means any individual, including an attorney, who is self-employed or is employed or otherwise retained by any other person or organization, no matter the organization's legal or IRS designation:

(a) For the purpose of engaging in lobbying; or

(b) Whose scope of work requires him or her to lobby from time to time.

(c) "Lobbyist" does not include:

1. Any elected official, any city official, any person duly appointed to a city board, commission or other such body, or any city employee; provided the elected official, city official, person duly appointed to a city board, commission or other such body, or city employee is acting in his or her official capacity; or

2. An attorney when representing a client or self in a pending or imminent publicly noticed judicial or quasi-judicial proceeding; provided, that the attorney must register as a lobbyist before engaging in an ex-parte communication regarding such a proceeding or its settlement. Whenever engaged in lobbying activities, attorneys must follow all of the rules set forth in this article and may not use the attorney-client privilege as a defense to the registration requirement.

Official action means any action in the City of Aurora that involves:

(a) Any legislative matter, including the drafting, introduction or sponsorship of any ordinance, resolution, amendment, motion, or other matter, whether or not in writing, pending or proposed for consideration by the city council or a committee thereof;

(b) Any development application, including the review, recommendation for or against, approval, denial, administration, or enforcement of any permit, site plan, rezoning, variance, or other action that would change the character or appearance of real property and any improvements thereon;

(c) Any contract to which the city, or any agency or instrumentality thereof, is a party, including the review, recommendation for or against, approval, denial, administration, or enforcement of any such contract, purchase order, lease, concession, franchise, grant, or other obligation; or

(d) The review, issuance, denial, administration, or enforcement of any permit or license for which the city is the issuing authority. (Ord. No. 2021-08, § 1, 3-22-2021)