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O1356 ~ . e CA:RMM:lmo009x C~ty CouncIl MeetIng 1~14-86 Santa Hon~ca, Cal~fornla ORDINANCE NUMBER 1356(CCS) (CIty Counc~l Serles) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 1.5 TO ARTICLE II OF THE SANTA MONICA MUNICIPAL CODE CONCERNING DISQUALIFICATION OF FORMER CITY OFFICERS AND EMPLOYEES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 1.5 of ArtIcle II of the Santa Monlca Mun~clpal Code 15 enacted to read as follows: Chapter 1.5. DISQUALIFICATION OF FO~ME~. CITY OFFIC~RS AND EMPLOYEES. Sect~on 2150. Name) Purpose and Scope. ThlS Chapter shall be called the "Revolving Door Ord~nance." It IS Intended to Impose restr~ct~ons on actIVItIes of speCIfIed CIty employees and offlclals after theIr term of employment or offIce has ceased. ThlS ordInance 15 deslgned to prohlblt or lImIt the deSIgnated former CIty employees and offlc~als from representIng any party before the CIty 1 . e Counr::11~ or Its boards and commISSIons; 1n any matter In Which the former C1ty employee or offICial partIcIpated personally and substantIally durIng hIr or her term of employment or offIce. Former CIty employees would be barred from such representatIon; whether compensated or not, for two years follOWIng employment. CIty offICIals would be prohIbIted from such representatIon only If done for compensatIon and only for SIX (6) months. In addItIon, thlS ordInance would prOhIbIt the des1gnated former City employees and offICIals from engag1ng In any compensated lobbYIng or advocacy actiVities before speCIfied bodies and tor ~peclfled tIme per10ds follOWIng termInatlon of employment Dr offIce. Former CIty employees would be SUbJect to a two (21 year restrlct10n and former Cl.ty offlc1als would be restr1cted from such actlv1tles for a per10d of S1X (6) months 2 . e SectIon 2151. DefInItions. The followIng words and phrases as used In thIS Chapter shall have the follOWIng meanIngs: (a) CIty AdmInIstratIve Aqency. The CIty CounCIl, and every CIty offIce, department, dIVISIon, board, and commissIon. (b) CIty Employee. AIrport DIrector; Cultural Arts AdmInistrator; CIty Attorney; ASSIstant CIty Attorney; Deputy CIty Attorney; CIty Clerk; CIty LIbrarIanj CIty Manager; ASSIstant CIty Manager; Budget DIrector; each Sentor Management Analyst In the CIty Manager's OffIce; DIrector of CIVIC AUditorIum; DIrector of CommunIty and EconomIC Developmentj DIrector of PlannIng; DIrector of Finance; FIre ChIef; DIrector of General Personnel; SerVIces; DIrector of ChIef of PolIce; DIrector of Parks and RecreatIon; InformatIon Systems DIrector; DIrector of TransportatIon; CIty EngIneer; PurchaSIng Agent; and CIty Treasurer. 3 . e (C) of the C1ty Offlc1al. Each member CIty CouncIl, Plann1ng and ArchItectural RevIew CommISSIon, Board. (d) JUdIcIal} Ouasl-Jud~clal} or other ProceedIng. Any proceedIng, applIcatIon, request for rUlIng or other determInat1on, contract, claIm, controversy, accusatIon} InvestIgatIon} arrest} or charge, other partIcular matter Involving a specIfIC party or partIes In WhIch the CIty of Santa MonIca 15 a party or has a direct and substantIal Interest. (e) PartICIpated. To have taken part personally and substantIally through deCISIon, approval, dIsapproval, formal wrItten recommendatIon, renderIng adVIce on a substantIal baSIS, InvestIgatIon, or otherWIse durIng the CIty offICIal's of office or or employee's employment. term A CIty offIcial's abstentIon shall not hereunder. from votIng on a matter constItute partICIpatIon 4 . e Sect~on 2152. Restr~ct~ons on ActIVItIes of Forme,( CIty Employees. (a) No former C~ty employee, with1n two ( 2 ) years after h1s or her employment compensated has ceased, shall, whether or not, act as agent} representatIve, or attorney for, or otherwise represent any other person (except the CIty of Santa MonIca) before any CIty admIn1stratlve agency} or officers or employees thereof by mak1ng any formal or ~nformal appearance, or by mak1ng any oral or wrItten communlcat~on, with the intent to 1nfluence} In connectIon wIth any JudICIal, quasI-JudIcIal or other proceedIng 1f: (1) The City of Santa MonIca IS a party or has a direct and substantIal Interest; and ( 2 ) The proceedIng 1S one In wh1ch the former CIty employee partIc1pated. (b) No former CIty employee, wIthIn two ( 2 ) years after h~s or her employment compensated has ceased} shall} whether or not, aId, adVIse, 5 . e counsel, consult, or ass~st ~n representIng any other person (except the CIty of Santa MonIca) in any proceedIng In whIch the employee would be prohIbIted from appearIng under subsectIon (a) of thIS SectIon 2152. (c) No former CIty employee, WIthIn two (2) years after hIS or her employment has ceased, shall for compensatIon act as agent, representatIve, or attorney for, or otherWIse represent, any other person (except the CIty of Santa MonIca) before any CIty admInIstratIve agency, or offIcers and employees thereof by makIng any formal or Informal appearance or by makIng any oral or wrItten communIcatIon, WIth the Intent to Influence, In connectIon WIth any JUdICIal, quaSI-JUdICIal, or other proceedIng If the CIty of Santa MonIca IS a party or has a dIrect and substantIal Interest. 6 . e SectIon 2153. RestrIctIons on Actlvltles of Former CIty OffICIals. (a) No former CIty offICIal, WIthIn SIX ( 6 ) months after hlS or her term of offIce has ceased, shall for compensatIon, act as agent, representatIve, or attorney for, or otherwise represent any other person (except the CIty of Santa MonIca) before any CIty admInIstratIve agency, or offIcers or employees thereof by makIng any formal or Informal appearance, or by makIng any oral or wrItten communIcation, WIth the Intent to Influence, In connectIon WIth any JudICIal, quasI-JudIcIal or other proceedIng If: (1) The CIty of Santa MonIca IS a party or has a dIrect and substantIal Interestj and (2) The proceedIng IS one In WhIch the former CIty oIficla~ partICIpated. (b) No former CIty offICIal, WIthIn SIX (6) months after hIS or her term of offIce has ceased, shall, for compensatIon, aId, adVIse, counsel, 7 . e consult} or aSSIst In representIng any other person (except the CIty of Santa MonIca) In any proceedIng In WhICh the offlclal would be prohIbIted from appearIng under subsectlon (aJ of thIS SectIon 2153. (e) No former CIty offICIal} WIthIn SIX (6) months after hIS or her term of offIce has ceased, shall for compensatl.on act as agent, representatIve, or attorney for, or otherWIse represent, any other person (except the CIty of Santa MonIca) before the body on WhICh such offICIal served by maklng any formal or lnformal appearance or by making any oral or wrItten communicatIon, WIth the Intent to Influence such body. SectIon 2154. ExemptIons. The prohlbltlons contaIned In SectIons 2152 and 2153 shall not apply: (a) To appearances communIcatIons by former or CIty employees matters of or offICIals a personal or concernIng IndIVIdual 8 . e nature, lIcense. (b) To prevent a former CIty employee or offIcIal from making or provldlng a statement based upon the former CIty employee's or offICIal's own speclal knowledge In the part1cular area that IS the subJect of the statement, proVIded that no such as obtaInIng a bUSIness compensatIon 1S thereby receIved other than that regularly provIded for by law or regulatIon for WItnesses. ( c J employee testImony statements To prevent Or offICIal under oath, reqUIred to a former CIty from gIVIng or from makIng be made under penalty of perJury. (d) To prevent former deputy CIty attorneys In the crImInal or c1v1l d1vIslons of the CIty Attorney's offIce or CIty offICIals who are attorneys from serVIng as representatIves of defendants In crImInal proceedIngs, where the offense(s) for WhICh such representatIon IS made occurred at least three (3) months followIng 9 e e termInatIon of the former deputy Clty attorney's employment or eXpIratIon of the former CIty offlclal's term of offIce wIth the CIty. SectIon 2155. ApplIcatIon of RequIrements. The requIrements Imposed by thIs Chapter shall not apply to any person whose employment or term of offIce termInates prIor to the effectIve date of thIS Chapter except that any such person who returns to employment or offIce wIth the date CIty of on or after the effectIve thIS ordInance shall thereafter be covered thereby. SectIon 2156. DIsapproval of 'transactIons. If a former CI ty employee or offIcIal vIolates any provlslon of thIS Chapter, such vIolatIon or VIolatlons shall be adequate grounds for the CIty to dlsapprove any contract, approval, permIt, or other transactIon whIch was related to any such vIolatIon. 10 e - SectIon 2157. Crlmlnal and CIVIl Penaltles. Each vlolatlon of the provlslons of thIs Chapter shall constItute a mlsdemeanor. A C1Vll actIon may also be brought by the CIty or any Interested party before any court of competent Jurlsdlction. In addltlon to all other remedles authorized by law, the court may impose a C1VII penalty of up to $500 for each vlolatlon of thlS Chapter. SECTION 2. Any provlslon of the Santa Monlca MunicIpal Code or appendlces thereto lnconslstent wlth the prOViSions of thls ordlnance, to the extent of such lnconslstencles and no further, are hereby repealed or modified to that extent necessary to affect the provlslons of thlS ordlnance. SECTION 3. If any sectIon, subsectlon, sentence, clause, or phrase of thls ordInance 15 for any reason held to be invalId or unconstltutlonal by a declson of any court of any competent Jurlsdlctlon, such dec1510n shall not affect the valldlty of the remalnlng portlons of the ordInance. The CIty CouncIl hereby declares that It would have passed thlS ordInance and each and every sectIon, subsectIon, sentence] clause or phrase not declared lnvalld or unconstltutlonal 11 e e 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. The ordInance shall become effectIve 30 days after the date of Its adoptIon. APPROVED AS TO FORM: ~ "-. '----r-" ---., ROBERT M. MYERS 0 CIty Attorney 12 e e Adopted and approved this 14th day of January, 1986. ~~Ma~ (7- fl ~--, --- I hereby cert~fy that the foregoing Ordinance No. 1356 (cCS) was duly and regularly ~ntroduced at a meeting of the City Council on the 17th day of December 1985; that the said OrdInance was thereafter duly adopted at a meetlng of the City CouncIl on the 14th day of January 1986 by the followIng Councll vote: Ayes: Councilmembers: Conn, Epsteln, A. Katz, H. Katz, Zane and Mayor Reed Noes: Councilmembers: None Abstain: Councllmembers: None Absent: Councilmembers: JennIngs ATTEST: ~ 7J;~~Q City Clerk - ~