§ 580-2. Definitions.  


Latest version.
  • As used in this chapter, the following terms shall have the meanings indicated:
    CLIENT
    Every person or organization who or which retains, employs or designates any person or organization to carry on lobbying activities on behalf of such client.
    COMPENSATION
    Any salary, fee, gift, payment or other thing of value paid, given, owed or promised to the lobbyist by the client for lobbying, but shall not include contributions reportable pursuant to Article 14 of the New York Election Law.
    COUNTY
    The County of Suffolk.
    [Added 5-12-2015 by L.L. No. 20-2015]
    COUNTY AGENCY
    Any department, board, bureau, commission, division, office, council, committee or officer of the County, whether permanent or temporary, or a public authority or public benefit corporation, at least one of whose members is appointed by the County Executive, County Legislature or a County officer, authorized by law to make rules or to make final decisions in adjudicatory proceedings, but shall not include the judiciary.
    EXPENSE
    Any expenditures incurred by or reimbursed to the lobbyist for lobbying, but shall not include contributions reportable pursuant to Article 14 of the New York Election Law.
    LOBBYING or LOBBYING ACTIVITIES
    Any attempt to influence any determination made by the County Legislature or any member thereof with respect to the introduction, passage, defeat or substance of any local legislation; any determination made by the County Executive to support, oppose, approve or disapprove any local legislation; the adoption, issuance or modification of any executive order by the County Executive; the adoption or rejection by a County agency of any rule or regulation having the force and effect of law; the outcome of any rate-making proceeding by a County agency; any determination made by a department, officer or employee of the County with respect to the procurement of goods, services or public works; or the award by a department, officer or employee of the County of any grant, loan or agreement which involves the disbursement of public monies. The term "lobbying" shall not include:
    A. 
    Persons engaged in drafting legislation, rules, regulations or rates; persons advising clients and rendering opinions on proposed legislation, rules, regulations or rates, where such professional services are not otherwise connected with legislative or executive action on such legislation or administrative action on such rules, regulations or rates.
    B. 
    Newspapers and other periodicals and radio and television stations and owners and employees thereof, provided that their activities in connection with proposed legislation, rules, regulations or rates are limited to the publication or broadcast of news items, editorials or other comment, or paid advertisements.
    C. 
    Persons who participate as witnesses, attorneys or other representatives in public rule-making or rate-making proceedings of a County 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.
    D. 
    Persons who attempt to influence a County agency in an adjudicatory proceeding, as defined by § 102 of the New York State Administrative Procedure Act.
    E. 
    Persons who prepare or submit a response to a request for information or comments by the County Legislature, the County Executive or a County agency or a committee or officer of the Legislature or a County agency.
    F. 
    The submission of a bid or proposal in response to a request for proposals (RFP) or an invitation to bid or any other solicitation made by a County agency and intended to result in a procurement contract.
    G. 
    Participation in a conference provided for in a RFP or invitation to bid or any other solicitation by a County agency which seeks responses that will result in a procurement contract.
    H. 
    The submission of written questions to a County agency during the procurement process, when all written questions and the responses thereto will be disseminated to all persons who have responded to the solicitation of a County agency.
    I. 
    Persons who bring complaints of alleged improper conduct in a County procurement to a County agency, the District Attorney or a court of competent jurisdiction or persons who are a party to a protest, appeal or other review proceeding before the County agency conducting the procurement seeking a final administrative determination.
    J. 
    Persons that have been tentatively awarded a County contract and are engaged in communication with a County agency for the sole purpose of negotiating terms of the contract.
    K. 
    Contacts during a procurement process between County agency staff and the officers or employees of a prospective contractor/vendor who are qualified to provide technical services to explain, clarify or demonstrate the qualities, characteristics or advantages of an article or procurement. "Technical services" shall be limited to analysis directly applying to any accounting, engineering, scientific or other similar technical disciplines.
    L. 
    Officers and employees of any contract agency, as that term is defined in § 189-40 of the Suffolk County Code, when seeking grant or contract funding to provide human services directly to the residents of Suffolk County.
    M. 
    Contacts between the County and the representatives of a public employee bargaining unit during the collective bargaining process.
    LOBBYIST
    Every person or organization retained, employed or designated by any client to engage in lobbying before the County of Suffolk, its agencies, boards, commissions, the County Legislature or County Executive. The term "lobbyist" shall not include any officer, director, trustee, employee, counsel or agent of the County of Suffolk or other public corporation when discharging his or her official duties.
    ORGANIZATION
    Any corporation, company, foundation, association, labor organization, firm, partnership, joint venture, society, joint-stock company, County agency or public corporation.
    PUBLIC CORPORATION
    A municipal corporation or a district corporation, as defined in § 66, Subdivision 1, of the New York General Construction Law.
    Editor's Note: The definition of "Commission," which immediately followed this definition, was repealed 5-12-2015 by L.L. No. 20-2015.
Amended 5-12-2015 by L.L. No. 20-2015