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O1670 CA:JL:moxord/hpca1/pc City council Meeting 2-23-93 Santa Monica, California ORDINANCE NUMBER 1670(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2.08 OF ARTICLE 2 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO DISQUALIFICATION OF FORMER CITY OFFICIALS AND EMPLOYEES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.08 of Article 2 of the Santa Monica Municipal Code is amended to read as follows: CHAPTER 2.08 - DISQUALIFICATION OF FORMER CITY OFFICIALS AND EMPLOYEES SECTION 2.08.010. Name, purpose and Scope. This Chapter shall be called the "Revolving Door Ordinance." It is intended to impose restrictions on activities of specified City employees and officials after their term of employment or off ice has ceased. This ordinance is designed to prohibit or limit the designated former City employees or officials from representing - 1 - any party or engaging in lobbying activities on behalf of any party before the City Council, its boards and commissions, or where applicable, the Rent Control Board, in any matter in which the former City employee or official participated personally and substantially during his or her term of employment or office. Certain former City employees and designated City officials would be barred from such representation or lobbying activities whether compensated or not, for a period of two (2) years following termination of employment or office. In addition, this ordinance would prohibit the designated former City employees and officials from engaging in any compensated lobbying or advocacy activities before specified bodies for a period of two (2) years following termination of employment or office. Finally, this ordinance would also prohibit or restrict specified City officials from accepting employment with any organization or entity which either receives more than fifty percent (50%) of its funding from the City of Santa Monica - 2 - or is governed by a board of directors fifty percent (50t) or more of whose members are appointed by action of the city Council. SECTION 2.08.020. Definitions. The following words and phrases as used in this Chapter shall have the following meanings for purposes of this Chapter: (a) City Administrative Agency. The City Council, the Rent Control Board, and every City or Rent Control Board office, department, division, board and commission. (b) City Employee. City Attorney; Assistant City Attorney; Deputy City Attorney; City Clerk; Assistant city Clerk; City Engineer; City Librarian; City Manager; Assistant City Manager; City Treasurer; Budget Coordinator; each Senior Management Analyst in the City Manager's off ice; Director of civic Auditorium; Director of Cultural & Recreation Services; Cultural Arts Administrator; Director of Finance; Director of General services; Director of Land Use and Transportation Management; Director of Personnel; Director of - 3 - Resource Management; Director of Transportation; Fire Chief; Chief of Police; Information Systems Director; Purchasing Agent; and the Administrator, Information systems Manager, Hearings Department Manager, General Counsel and Staff Attorneys of the Rent Control Board. Any changes in ti tIes of the designated employee positions subject to this Chapter shall automatically be incorporated herein. (c) City Official. Each member of the City Council, Planning Commission, Architectural Review Board, and the Rent Control Board. (d) JUdicial, Quasi-Judicial, or Other Proceeding. (I) For former employees and officials of the City of Santa Monica, except the Rent Control Board, any proceeding, application, request for ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter involving a specific party or parties in which the City of - 4 - Santa Monica is a party or has a direct and substantial interest. (2) For former employees and officials of the Rent Control Board only, any proceeding, application, request for ruling, or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter involving a specific party or parties in which the Rent Control Board is 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 or employee's term of office or employment. A City official's recusal from voting on a matter on the basis of a conflict of interest shall not constitute participation hereunder. SECTION 2.08.030. Restrictions on Activities of Former city Employees. (a) No former City employee, within two (2) years after his or her - 5 - employment has ceased, shall, whether compensated or not, act as agent, representative, or attorney for or otherwise represent any other person (except the City of Santa Monica or the Rent Control Board) 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: (l) The City of Santa Monica or, where applicable, the Rent control Board, is a party or has a direct and substantial interest; and (2) The proceeding is one in which the former City employee participated. (b) No former City employee, within two (2) years after his or her employment has ceased, shall, whether compensated or not, aid, advise, counsel, consul t, or assist in representing any other person (except the City of Santa Monica or the Rent Control Board) in any proceeding in which the employee would be - 6 - prohibited from appearing under subsection (a) of this ~ection 2.08.030. (c) No former city employee, within two (2) years after his or her employment has ceased, shall for compensation act as an agent, representative, or attorney for I or otherwise represent, any other person (except the City of Santa Monica or the Rent Control Board) 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 or, where applicable, the Rent Control Board is a party or has a direct and substantial interest. SECTION 2.08.040. Restrictions on Activities of Former city Officials. (a) No former city official, within two (2) years after his or her office holding has ceased, shall for compensation, act as tive, or attorney agent, representa- for or otherwise - 7 - represent any other person ( except the City of Santa Monica or the Rent Control Board) before any City Administrative Agency, or officers, or employees, or where applicable, the Rent Control Board, departments, officers or employees, 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 or, where applicable, the Rent Control Board, is a party or has a direct and substantial interest; and (2) The proceeding is one in which the former City official participated. (b) No former city official, within two (2) years after his or her office holding has ceased, shall, for compensation, aid, advise, counsel, consult, or assist in representing any other person (except the City of Santa Monica or the Rent Control Board) in any proceeding in which the official would be - 8 - within office prohibited from appearing under subsection (a) of this section 2.08.040. (c) No former City official, two (2) years after his or her holding has ceased, shall for percent City of the City; compensation act as an agent, representative, or attorney for, or otherwise represent, any other person (except the City of Santa Monica or the Rent Control Board) before the body on which such official served by making any formal or informal appearance or by making any oral or written communication, with the intent to influence such body. (d) No former City official, wi thin two (2) years after his or her office holding has ceased, shall accept any position of employment or management for compensation, or act as a director or officer for compensation of any organization or entity which: (I) Receives more than fifty (50%) of its funding from the Santa Monica, as determined by or (2) Has 50% or more of its board members, officers or directors appointed by the city Council. - 9 - SECTION 2.08.050. Exemptions. The prohibitions contained in Sections 2.08.030 and 2.08.040 shall not apply to: (a) To appearances or communications by former City employees or officials concerning matters of a personal or indi vidual nature, such as obtaining a business license. (b) To prevent a former City employee or official from making or providing a statement based upon the former City employee's or official's own special knowledge in the particular area that is the subj ect of the statement, provided that no compensation is thereby received other than that regularly provided for by law or regulation for witnesses. (c) To prevent a former City employee or official from giving testimony under oath, or from making statements required to be made under penalty of perjury. (d) To prevent former Deputy City Attorneys in the Criminal or Ci viI Divisions of the city Attorney's office,- Staff Attorneys or Hearing Examiners of - 10 - the Rent Control Board, 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 termination of the former employee's employment or expiration of the former City official's term of office with the city. SECTION 2.08.060. Application of Requirements. (a) 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 City on or after the original effective date of this Chapter shall thereafter be covered thereby. (b) Nothing in this Chapter is intended to prevent former employees or officials of the city of Santa Monica from acting as an agent, representative, or attorney or from giving aid, advice, counsel, consultation, or assistance in - 11 - any proceeding before the Rent Control Board, or any of its d~partments, if the former employee was not employed by the Rent Control Board wi thin two (2) years of leaving City employment or, if an official, within twenty-four (24) months of leaving office, and if the former employee or official did not participate in the proceeding while employed by the City of Santa Monica. (c) Nothing in this Chapter is intended to prevent former employees or officials of the Rent Control Board from acting as an agent, representative, or attorney, or from giving aid, advice, counsel, consultation, or assistance in any proceeding before any department, board, commission, or off icial body of the City of Santa Monica, if the former employee was not employed by the City of Santa Monica within two (2) years of leaving City employment, or, if an official, within twenty-four (12) months of leaving office, and if the former employee did not participate in the proceeding while employed by the Rent Control Board. - 12 - SECTION 2.08.070. Transactions. If a former ci ty employee or official violates any provision of this Chapter, such violation or violations shall be adequate grounds for the City to disapprove any contract, approval, permit, funding, appointment, or other transaction which was related to any such violation. Disapproval of SECTION 2.08.080. criminal and civil Penalties. Each violation of the provisions of this Chapter shall constitute a misdemeanor. A civil action may also be brought by the Ci ty or any interested party before any court of competent jurisdiction. In addition to all other remedies authorized by law, the court may impose a civil penalty of up to five hundred dollars ($500.00) 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 inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. - 13 - 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 any 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 after 30 days from its adoption. APPROVED AS TO FORM: - 14 - Adopted and approved this 23rd day of February, 1993. rp~ I hereby certify that the foregoing Ordinance No. 1670(CCS} was duly and regularly introduced at a meeting of the City council on the 16th day of February 1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 23rd day of February 1993 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: Councilrnembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: ~AH-f,fDf~ City Clerk