O27911
City Council Meeting: September 24, 2024 Santa Monica, California
ORDINANCE NUMBER 2791 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 2.32.290 PROHIBITING ACCEPTANCE OF
GRATUITIES BY CITY OFFICIALS
WHEREAS, the United States Supreme Court recently ruled that anti-bribery laws
do not make it a crime for local officials to accept a gratuity for official acts they have
already taken; and
WHEREAS, the Council believes it is unacceptable for City officials to receive
gratuities for acts performed in their official capacity, and hereby formalizes the prohibition
on so doing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 2.32.290 is hereby added to
read as follows:
2.32.290. PROHIBITION ON GRATUITIES
(a) No City official shall receive, accept, take, seek, or solicit, directly or indirectly,
anything of economic value as a gift, gratuity, or favor, from any person or entity to whom
the official has conferred a public benefit within the last 12 months, intended as a reward
or token of appreciation for or because of any official act performed by the public
official. This Section shall be in addition to the provisions of Charter Section XXII, the
Taxpayer Protection Act.
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(b) As used herein, the term “public benefit” does not include public employment
in the normal course of business for services rendered, but includes a contract, benefit,
permit, or arrangement between the City and any individual, corporation, firm,
partnership, association, or other person or entity to:
(1) provide services of a value in excess of $5,000 over any 12-month
period;
(2) sell or furnish any material, supplies or equipment to the City of a value
in excess of $5,000 over any 12 month period;
(3) buy or sell any real property to or from the City with a value in excess of
$5,000, or lease or license any real property to or from the City with a value in excess of
$5,000 over any 12-month period;
(4) receive an award of a franchise to conduct any business activity in a
territory, and for which gross revenue from the business activity exceeds $5,000 in any
12-month period;
(5) confer a land use variance, special use permit, or other exception to a
pre-existing master plan or land use ordinance pertaining to real property where such
decision has a value in excess of $5,000;
(6) confer a tax abatement, exception, or benefit not generally applicable of
a value in excess of $5,000 in any 12-month period; or
(7) receive cash or property of a net value to the recipient in excess of
$5,000 in any 12-month period.
(c) Those persons or entities receiving public benefits as defined above shall
include the individual, corporation, firm, partnership, association, or other person or entity
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so benefiting, and any individual or person who, during a period where such benefit is
received or accrues,
(1) has more than a five percent (5%) equity, participation, or revenue
interest in that entity, or
(2) who is a trustee, director, partner, or officer of that entity or of another
entity that owns or controls the entity receiving the public benefit, excepting persons
serving in those capacities as volunteers, without compensation, for organizations exempt
from income taxes under Section 501(c)(3), (4), or (6) of the Internal Revenue Code.
However, this exception shall not apply if the organization is a political committee or
controls political committees as defined by California Government Code Section 82013
or 2 U.S.C. Section 431(4) or successor provisions.
(d) As used herein, the term “public official” includes any elected or appointed
public official acting in an official capacity. This includes, but is not limited to: City Council
members, Planning Commission members, and the City Manager, City Attorney, City
Clerk, and Department Heads and their designees who may confer public benefits as
defined in this section.
(e) Each violation of the provisions of this Chapter shall constitute a
misdemeanor. Alternatively, a civil action may also be brought by the City or any
interested party before any court of competent jurisdiction. In addition to all other
remedies authorized by law, the court may impose a fine of up to five hundred dollars for
each violation of this Chapter.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
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inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Approved and adopted this 24th day of September, 2024.
_____________________________
Phil Brock, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Nikima S. Newsome, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Ordinance No. 2791 (CCS) had its introduction on
September 10, 2024, and was adopted at the Santa Monica City Council meeting
held on September 24, 2024, by the following vote:
AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick,
Mayor Brock, Mayor Pro Tem Negrete
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Nikima S. Newsome, City Clerk Date
A summary of Ordinance No. 2791 (CCS) was duly published pursuant to
California Government Code Section 40806.
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9/27/2024