PDC updates guidance on agency and grassroots lobbying

The start of the legislative session is a good time for cities to review their city’s internal policies regarding lobbying and Public Disclosure Commission (PDC) guidance for public agencies on requirements for when activities must be reported. AWC has a fact sheet on PDC guidelines for city officials for quick reference.

Grassroots lobbying

In addition, the PDC recently updated its guidance in WAC 390-20-125 on what constitutes grassroots lobbying, which takes effect on January 8. While local governments may lobby directly on agency-related issues, public agencies are prohibited from lobbying indirectly through grassroots calls to action through their constituents.

The updated rule clarifies that grassroots lobbying is defined as indirect lobbying, focused on mass communications encouraging members of the public to support or oppose an issue, indirectly influencing action in the Legislature or state agency. Examples could include running newspaper ads to support or oppose legislation or social media posts or banner ads that urge the public to contact legislators on proposed legislation. De minimis public access to agency lobbying materials generally would not be considered grassroots lobbying, such as fact sheets on normal channels of communication or bill tracking lists on a city website.

Reporting

Cities that conduct lobbying activities either through a contract lobbyist or directly with in-house staff may need to report to the PDC. Those that hire a contract lobbyist must file a report. If you have in-house staff who spend more than four days a quarter directly lobbying the legislature, you may need to complete a report. Note that PDC thresholds for reporting were also updated in the new rule.

For more information on reporting requirements and how to file a report visit the PDC’s website or review the PDC’s Public Agency Lobbying guide. Cities and towns that fail to comply with reporting requirements on lobbying activities may be subject to penalties from the PDC.

F-1 reports

Finally, if you missed the reminder last month, elected officials in agencies with more than 2,000 voters are required to file personal financial (F-1) reports for the previous year, even those who left office at the end of 2023. Check out the requirements and deadlines here.