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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
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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
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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.
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(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
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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,
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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.
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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,
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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
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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
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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.
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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
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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:
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ROBERT M. MYERS 0
CIty Attorney
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Adopted and approved this 14th day of January, 1986.
~~Ma~
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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:
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City Clerk - ~