Lobbyist and Lobbying Entity Questions

The following information is not legal advice and is intended for guidance purposes only. For exact language and legal requirements, view Portland City Code Chapter 2.12 (Regulation of Lobbying Entities).

What are the Lobbying Activity Filing Portal changes going into effect April 2025 applicable for Q2 reports? 

Beginning with Q2 2025 lobbying reports, lobbying entities will find a streamlined reporting process intended to assist with general compliance, reduce administrative burden, increase disclosures, and clarify reports to the public. The main changes lobbying entities will see are as follows:

Streamlining entries in the Lobbying Activity section

In the Add Lobbying Activity section, details related to the same specific action of interest may now be bundled in the same lobbying activity entry. This change makes it unnecessary to create a new lobbying activity entry for each and every lobbying communication or contact type. Activity details may now be captured as follows: 

• Specific action of interest: For each lobbying activity entry, one specific action of interest with one related general subject matter is reported. A separate entry should be created for each specific action of interest.
• Date(s): If there were multiple dates in which lobbying activity occurred related to the same specific action of interest, a range of dates may now be selected within the same entry. If activity only occurred on a single date, a single date may still be selected.
• Contact Type(s): If different types of contact type(s) were used related to the same specific action of interest, multiple contact types may now be selected within the same entry. Note also the newest additions to available contact types: indirect lobbying, meeting preparation, and communication preparation.
• City official(s): If more than one City official was involved with the various contact type(s) selected, multiple City officials may be selected within the same lobbying activity entry. If indirect lobbying occurred the intended City official recipient of the lobbying should be selected. For example, communicating with non-City official bureau staff in attempts to influence a City official bureau director means the bureau director should be selected in the report.
• Lobbyist(s): If more than one lobbyist was involved with the various contact type(s) selected, multiple lobbyists may be selected within the same entry.

Simplified reporting for expenditures without lobbying activities

• If a lobbying entity spends $1,000 or more but does not otherwise engage in any lobbying activities for the reporting quarter, an entity may list their specific action of interest and general subject matter in the Expenditures section and then check a box at the beginning of the Lobbying Activities section indicating there are no activities to report. 

Updates to the Lobbying Activities section

• In the Lobbying Activities section, lobbying entities may now affirm no reporting of activities is required but also choose to add lobbying activity information voluntarily. The resulting report will convey the information is being voluntarily disclosed.
• In the Lobbying Activities section, lobbying entities can now add additional important information otherwise missing from their report using a free text field. For example, if a City official is missing from the portal and cannot be added in time by City staff, a lobbying entity could still include that information in the report by writing it in the free text field.

For additional guidance on reporting with the new portal changes, see our new instructional video, Lobbying Portal Updates Training for Lobbying Entities. 

Am I lobbying if I share my personal opinions with City officials?

No. Time spent by an individual representing their own opinion to a City official is not considered lobbying for the purposes of the City’s lobbying regulations. If a lobbyist’s personal opinion coincides with the viewpoint of a lobbying entity they represent, the lobbyist should make clear in which capacity they are acting while communicating with City officials. 

Who qualifies as a lobbyist?

A lobbyist is any individual who is authorized to lobby on behalf of a lobbying entity. A lobbyist could include a member of an outside government relations firm, a volunteer working on behalf of an organization, or the director of an organization.  

Note that the time individuals spend participating on boards, committees, working groups, or commissions created by City Council (through approval of resolution or ordinance) or the Mayor (provided that the entity adheres to state public meeting requirements) is not considered lobbying and is exempt from lobbying reporting. 

Is my organization a "lobbying entity"?

A "lobbying entity" is any individual, business association, corporation, partnership, association, club, company, business trust, organization, or other group who lobbies either by employing or otherwise authorizing a lobbyist to lobby on that person's behalf. Under the City’s regulations, a lobbying entity may also include volunteer organizations or in some circumstances governments. In some circumstances, news media (or their employees or agents) and neighborhood associations may also be exempt from the City’s lobbying registration and reporting requirements.

What groups are exempt from registering as lobbying entities?

City Code 2.12.050 (Exemptions to Registration and Reporting Requirements for Lobbying Entities) exempts the following from lobbying registration and reporting requirements:

• News media (or their employers or agents) that in the ordinary course of business directly or indirectly urge official action but engage in no other activities in connection with the official action.
• Any lobbying entity, such as a neighborhood association, that satisfies all three of the following requirements:
  • Complies with state public record and meeting laws or the standards established in administrative rule and referenced in Code Chapter 3.96.020 F. (Office of Community and Civic Life);
  • Is classified as a nonprofit organization, registered with the Oregon Secretary of State Corporation Division; AND
  • Is formally recognized by the Office of Community and Civic Life or through City Council resolution or ordinance.

Are individual lobbyists or lobbying entities required to file lobbying reports?

The City requires each lobbying entity that meets or exceeds the quarterly $1,000 or eight-hour City lobbying threshold to file a report. Individual lobbyists (who are not themselves lobbying entities) do not have individual reporting requirements. However, because the reports include the collective activity of the lobbying entity for the quarter, a lobbying entity’s individual lobbyists may need to track their lobbying activity and share it with the lobbying entity (or compliance official) so the lobbying entity can fulfill its reporting requirements.

How does a lobbying entity calculate the cumulative eight-hour threshold?

The cumulative, eight-hour threshold is calculated per lobbying entity including all reportable direct and indirect City lobbying activity by each lobbyist. Reportable lobbying activity includes preparing for an upcoming lobbying communication (e.g., preparing talking points for a meeting) and preparing the actual lobbying communication (e.g., drafting a lobbying letter), that corresponds with the reporting quarter. 

In calculating what time contributes to the eight-hour threshold, consider these helpful tips:

• Because lobbying time is counted on behalf of the lobbying entity, a lobbying entity must count each lobbyist’s time in the total calculation.
  • For example, three lobbyists attend and lobby at the same one-hour virtual City lobbying meeting. The lobbying entity would count this as three hours of time spent lobbying and not one hour in total.
• See City Code Section 2.12.020 G. for a list of activities in which time spent does not count as lobbying (e.g., time spent by an individual representing their own opinion to a City official, formal appearances to give testimony before public hearings or meetings of City Council, etc.).

How are the lobbying regulation requirements enforced? 

The Elections Division enforces the regulation of lobbying entities (City Code Chapter 2.12) primarily on a complaint basis. The Division focuses on increasing meaningful public disclosures about attempts to influence City officials and focuses on education and training for lobbyists and City officials. The Division uses warnings, mitigating and aggravating factors, and fact-specific details to assess each case, as described in ARA 15.03.  

What are the registration fees and any penalties?

The City does not impose any registration fee on lobbying entities. Further, the City does not impose any costs to use its online lobbying entity registration and reporting system, also known as the City’s Lobbying Activity Filing Portal.

A City official or lobbying entity may be subject to a civil penalty of up to $3,000 per violation if they:

1. Violate any provision of City Code Chapter 2.12 (Regulation of Lobbying Entities);
2. Fail to file any report, registration, or statement required by City Code Chapter 2.12; or
3. Fail to furnish any information required by City Code Chapter 2.12.

The City Auditor may also seek civil penalties and enforcement of any provision of City Code Chapter 2.12 in Multnomah County Circuit Court or other appropriate venue.

What are the lobbying entity registration requirements?

Lobbying entities may register for free with the City at any time and are encouraged to register at the beginning of the calendar year if they anticipate meeting or exceeding the City’s lobbying registration threshold during the year. However, lobbying entities are specifically required to register within three business days of spending a minimum of eight hours or $1,000 on City lobbying activity (including direct lobbying, indirect lobbying, and lobbying preparation) in any calendar quarter. 

To register, lobbying entities must establish a Portland Online account to access and use the Auditor's Office’s online Lobbying Activity Filing Portal for registration and reporting. Lobbying entities must file an updated registration whenever any of the information disclosed on the registration form changes. All lobbying entity registrations expire at the end of each calendar year on December 31.

The following information is required to register:

1. Lobbying entity name, address, e-mail, website, and phone number.
   1. General description of trade, business, profession, or area of endeavor of lobbying entity.
   2. General subjects and any specific official actions of interest to the lobbying entity.
   3. Names, address(es), and contact information for all lobbyists authorized to lobby on behalf of the lobbying entity.
   4. The previous employment of any lobbyists with the City of Portland, the affiliated office(s) or bureau(s) of the lobbyist’s previous City employment, and the years of employment with the City.

If a lobbying organization or individual is without internet access to access the Lobbying Activity Filing Portal, arrangements may be made to use a computer in the City Auditor's Office.

What are the lobbying entity reporting requirements?

• If a lobbying entity has spent a cumulative total (including the time of all authorized lobbyists) of at least eight hours or at least $1,000 on City lobbying during the preceding quarter, they must file a quarterly report.
• Lobbying entities must use the Auditor's Office’s free online lobbying entity registration and reporting system, the City’s Lobbying Activity Filing Portal, to file their quarterly reports.  A lobbying entity without internet access may make arrangements to use a public computer in the City Auditor's office.
• The quarterly report has three main components:
  1. Action of Interest: Each specific action of interest is reported along with the general subject matter, lobbied City officials, types of contact, lobbyists, and corresponding date or date range.
  2. Expenditures: Certain lobbying expenditures made during the quarter by a lobbying entity for the purpose of lobbying City officials are required to be reported if the lobbying entity spent a minimum of $1,000 on City lobbying.
     • The following must be included in the expenditure total:
       • Food, refreshments, travel, and entertainment;
       • Printing, postage, telephone, advertising, direct mail, and e-mail;
       • Miscellaneous items and gifts;
       • Compensation paid to lobbyists; and
       • Reimbursements to lobbyists for their expenses.
     • The following are not required to be included in the total:
       • Personal living expenses;
       • Personal travel expenses;
       • Office overhead, including salaries and wages paid for staff providing clerical assistance and others not engaged in lobbying activities; and
       • Maintenance expenses.
     • If the exact total amount of expenditures is not accurately known at the time the report is due, an estimate may be submitted.  The exact amount expended shall be submitted on an amended report when the information is available.
  3. Benefitted  City Officials: The purpose of an expenditure, amount, date, payee, and benefitted City official must be reported when a lobbying entity expends $25 or more on any one occasion to or for the benefit of a City official for the purpose of lobbying.

How do I know whether a communication is considered ministerial, lobbying, or both?

To understand whether a communication may need to be reported as a lobbying activity, it is important to determinewhether the communication should be considered a ministerial action or lobbying. To make this determination, consider the following: 

• Ministerial actions involve non-substantive administrative tasks that do not require City employee discretion (e.g., scheduling). These activities are not considered lobbying if they are exclusively ministerial in their entirety. 
   
• Lobbying includes any direct or indirect communications made in attempts to influence the official action of City officials. This also includes the time spent on preparation of such communications (e.g., drafting a letter) or preparation for such communications (e.g., planning talking points for a meeting). 
   
• Communications with mixed ministerial and lobbing elements are considered lobbying. Communications that are not exclusively ministerial in their entirety and include portions attempting to influence the official action of City officials are considered lobbying. When in doubt, the Auditor’s Office encourages reporting.
   
• Example of ministerial task: “I’d like to schedule a meeting on Monday to discuss the City’s dog park policy.” 
   
• Example of mixed communication considered to be lobbying: “I’d like to schedule a meeting on Monday to talk about the City’s budget and resources dedicated to dog parks and maintenance of them so there is a dog park in every 2-mile radius.”

What counts as direct versus indirect lobbying?

Direct lobbying is an attempt to influence the official action of City officials by communicating directly to promote, oppose, or advocate on any official action. Communicating directly may occur by any means such as in-person, emailing, meeting virtually, texting, or sending a letter. Time and money spent on direct lobbying of City officials counts towards the City’s registration and reporting thresholds. 

Example of direct lobbying: 

• A lobbying entity emails a letter to a City Councilor advocating for a vote in favor of a City ordinance. The letter was not included as written testimony at the City Council meeting. Time and money spent by the lobbying entity on this communication, including time spent preparing the communication itself (letter and email), would count towards the City’s registration and reporting thresholds. 

Indirect lobbying is an attempt to influence official action of City officials by communicating through an intermediary to promote, oppose, or advocate on official action. Common communication intermediaries may include bureau staff, social media, and mailers or radio ads soliciting Portlanders to take action. The City Auditor’s Office adopted administrative rule changes on January 1, 2025, to include both time and funds spent on indirect lobbying of City officials in the calculation of the City’s registration and reporting thresholds. 

Examples of indirect lobbying:

• A company creates template language for an outreach campaign to Portlanders and spends money, such as through paid advertising, to encourage Portlanders to contact their City Councilors about a pending vote on an ordinance. The campaign encourages Portlanders to urge a “no” vote by their Councilors on the item. Both the time (including message preparation) and money spent on the outreach campaign would count towards the City’s registration and reporting thresholds.
• A lobbyist calls a bureau deputy director to advocate for an immediate amendment to the bureau’s recently implemented administrative rules. While there was no monetary cost, the time spent on the lobbying call (including preparation for the call) would count towards the City’s registration and reporting thresholds. 

What about when a lobbyist and an official both pay for their own expenses?

For example, for a lobbying meeting in which a lobbyist and a City official each purchase their own beverage, would the lobbyist be required to report their own beverage expense as a lobbying expenditure?

It depends. If the lobbying entity made an invite to City Officials for beverages and a discussion (e.g., meeting for coffee) for the purpose of lobbying, then all of the expenses, including a lobbyist’s own beverage, would be reportable pursuant to City Code 2.12.040 A.2.a. 

For individual situations, details and context will matter. Consider whether the expenditures were made for the purpose of lobbying. 

When in doubt about any disclosure, the Auditor’s Office encourages reporting. 

Is submitting public written testimony for a Council item lobbying? 

Written testimony submitted to the Council Clerk as part of the public record for a City Council public hearing, committee, or other meeting item is not considered lobbying under City Code Section 2.12.020 G.8.

However, if there are additional communications on the topic made outside of formal written or oral testimony (e.g., separate emails, meetings, conversations etc.), the time spent preparing for and communicating to City officials directly or indirectly on the matter may be considered lobbying.

When are registrations & reports due for lobbying entities?

Registration: Lobbying entities are required to register for the year in the Lobbying Activity Filing Portal within three business days of meeting or exceeding eight hours or $1,000 spent on City lobbying during any calendar quarter. Registrations expire for all lobbying entities at the end of the year on December 31. Lobbying entities must again register in the new year within three business days of meeting the time or money threshold. Lobbying entities can also choose to register as early as January 1, in advance of meeting the registration and reporting threshold.  

Reporting: Lobbying entities that have met or exceeded the eight hour or $1,000 reporting threshold during the reporting quarter are required to file a quarterly report by 5:00 p.m. of the following deadlines:

* If the deadline falls on a Saturday, Sunday, or official City holiday, the due date moves to the following business day at 5 p.m.

How does a lobbying entity terminate its registration with the City?

The City does not have a registration termination process for lobbying entities. When a lobbying entity registers with the City during the year, its registration remains active through the end of the calendar year (December 31), when registration automatically expires. Lobbying entities that cease lobbying activity before the end of the year are not required to file reports for any quarters in which they did not meet or exceed the City’s lobbying threshold of $1,000 or eight hours spent on City lobbying.

Does a registered lobbying entity need to file reports each calendar quarter?

It depends. A lobbying entity must file a reports for each reporting quarter in which they meet either one of the following thresholds during the quarter:

1. Spending at least $1,000 on City lobbying; or
2. Spending eight hours or more on City lobbying.

If a lobbying entity does not meet either threshold for a reporting quarter, it is not required to file a report for that quarter.

Have additional questions? Please contact the City Elections Division at lobbyist@portlandoregon.gov or 503-823-4022.