§ 1-10 Deactivation of Reports by the City Clerk.
RCNY § 1-10
(a)Generally. The City Clerk may, at the request of a lobbyist or client, deactivate inadvertently filed statements of registration, fundraising and political consulting reports, or client annual reports.
(b)Inadvertently Filed Statements of Registration.
(1)Eligibility. A statement of registration will be deemed inadvertently filed when, subsequent to the filing of a statement of registration, the City Clerk determines that: (i) there is no expectation that the reporting threshold will be exceeded; (ii) the activity which was the basis for the filing of the statement of registration does not constitute lobbying activity under §§ 3-211(c) et seq. of the Lobbying Law; (iii) the statement of registration was mistakenly filed as a result of a duplicate enrollment of the lobbyist or client; or (iv) similar circumstances exist that necessitate deactivation by the City Clerk.
(2)Non-Eligibility. The termination of a Retainer or Authorization Letter by either or both parties will render the pertinent statement of registration ineligible for deactivation.
(3)Process to Deactivate an Inadvertent Statement of Registration.
(i)The lobbyist must contact the Lobbying Bureau to discuss the inadvertent statement of registration. The City Clerk must make an initial determination as to whether the statement of registration is eligible for deactivation. If the statement of registration is deemed eligible, the City Clerk must notify the lobbyist of the determination.
(ii)No later than ten (10) business days after such notification, the lobbyist must submit an affidavit, on forms prescribed by the City Clerk, by first-class mail, email, fax or hand-delivery to the City Clerk's Address. The affidavit must include all facts and circumstances that led the lobbyist to conclude that the statement of registration was inadvertently filed and the reasons it should be deactivated.
(iii)If the statement of registration is deemed inadvertent, the City Clerk must deactivate the statement of registration.
(4)Removal of Data. If a statement of registration is deactivated after the data in the Reports is submitted to other City agencies that collect and use lobbying data, the lobbyist may contact such agencies to request removal of such information from that agency's database.
(c)Other Reports Eligible for Deactivation.
(d)Party who May Request Deactivation. Only the Principal Officer of the entity that filed a Report may request deactivation of that Report.
(e)Effect of Deactivation. When the City Clerk deactivates any Report listed in 51 RCNY § 1-10(a): (1) the Reports cannot be viewed or accessed in e-Lobbyist; (2) all periodic reports associated with a deactivated statement of registration will be deactivated and not viewable or accessible in e-Lobbyist; (3) all deactivated Reports will not be viewable or accessible by the public; (4) no additional Reports will be required; (5) no further automatically generated emails from e-Lobbyist regarding such Reports will be sent to the lobbyist or client; (6) original Retainers or Authorization Letters submitted with a deactivated statement of registration will be returned to the lobbyist or client; (7) the deactivated Reports will not be subject to selection for a random audit; and (8) the deactivated Reports will not be reactivated for any reason.
(f)Reports Deactivated in Error.
