SR-601-002 (2)
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FEB 2 7 J990
California
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CA:RMM:rmd1040jhpca
city Council Meeting 2-27-90
Santa Monica,
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STAFF REPORT
TO:
Mayor and City council
FROM:
City Attorney
SUBJECT:
Ordinance Amending Chapter 1.5 of the Santa
Monica Municipal Code, sections 2150 to 2157,
to Include Rent Control Board Commissioners
and certain Employees of the Rent Control
Board as Persons Subject to the City's
Revolving Door Ordinance
At its meeting on January 9, 1990, the city Council
directed the Ci ty Attorney to prepare an ordinance extending
coverage of the city's Revolving Door Ordinance to certain Rent
Control
Board employees and to the Rent Control
Board
commissioners.
In response to this direction, the accompanying
ordinance has been prepared and is presented to the City Council
for its consideration.
The accompanying ordinance amends Chapter 1.5 of the Santa
Monica Municipal
Code,
sections 2150
through 2157.
In
particular, section 2151(b) has been expanded to include the
Administrator, Information Systems Manager, Hearings Department
Manager, General Counsel, and Staff Attorneys of the Rent Control
Department.
In addition, section 2151 (c) has been expanded to
include Rent Control Board Commissioners.
The accompanying ordinance also clarifies that the purpose
of this Chapter is not to prohibit former city employees or
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officials from appearing before the Rent Control Board so long as
they were not employees of the Board prior to their termination
of city employment. In the same token, former Rent Control Board
employees or officials are not precluded from appearing before
City departments, boards, or commissions.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
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CA:RMM:rmdl039jhpca
city council Meeting 2-27-90
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 1.5 OF THE SANTA
MONICA MUNICIPAL CODE, SECTIONS 2150 THROUGH 2157,
TO INCLUDE RENT CONTROL BOARD COMMISSIONERS
AND CERTAIN EMPLOYEES OF THE RENT CONTROL BOARD AS PERSONS
SUBJECT TO THE CITY'S REVOLVING DOOR ORDINANCE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 1.5 of the Santa Monica Municipal Code
is amended to read as follows;
SECTION 2150.
Name, Purpose and
Scope. This Chapter shall be called the
llRevolving Door Ordinance. II It is
intended to impose restrictions on
activities of specified city employees
and officials after their term of
employment or office has ceased. This
ordinance is designed to prohibit or
limit the designated former city
employees and officials from representing
any party before the City Council, its
boards
and
commissions,
or
where
applicable, the Rent Control Board, in
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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 would be
barred from such representation, whether
compensated or not, for two (2) years
following employment.
Designated city
officials would be prohibited from such
representation
only
if
done
for
compensation and only for six (6) months.
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 and
for specified
time periods
termination of
employment
fOllO~9
or of(!ce.
Former City employees would be subject to
a two (2) year restriction and former
City officials would be restricted from
such activities for a periOd of six (6)
months.
SECTION 2151.
Definitions.
The
following words and phrases as used in
this Chapter shall have the following
meanings:
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(a) City Administrative Agency.
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
Librarian; City Manager; Assistant City
Manager; Budget Director; each Senior
Management Analyst in the city Manager's
Office; Director of Civic Auditorium;
Director of Community and Economic
Development; Director of Planning;
Director of Finance; Fire Chief; Director
of General services; Director of
Personnel; Chief of Police; Director of
Parks and Recreation; Information systems
Director; Director of Transportation;
city Engineer; purchasing Agent; City
Treasurer; and the Administrator,
Informations Systems Manager, Hearings
Department Manager, General Counsel, and
Staff Attorneys of the Rent Control
Board.
(c)
city
City Official. Each member of
Council, Planning commission,
the
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Architectural Review Board, and the Rent
Control Board.
(d) Judicial, Quasi-Judicial 1 or
other proceedinq.
( 1) For former employees 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 Santa Monica
is a party or has a direct and
substantial interest.
(2) For former employees 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
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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 abstention from voting
on a matter shall not constitute
participation hereunder.
SECTION 2152. Restrictions on
Activities of Former City Employees.
(a) No former city employee,
within two (2) years after his or her
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 ci ty
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
or, where applicable, the Rent Control
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Board is a party or has a direct and
substantial interest: and
(2) The proceeding is one in
former City employee
which the
participated.
(b) No
former City employee,
years after his or her
wi thin two
(2)
employment has ceased, shall, whether
compensated or not, 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 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 an agent,
representative, or attorney for, or
otherwise represent, any other person
(except the city of Santa Monica or the
Rent Control Board) before any Ci ty
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 wi th
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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 2153. Restrictions on
Activities of Former City Officials.
(a) No former City official,
within six (6) months after his 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 or the
Rent Control Board) before any city
administrative agency, officers,
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 cOlnmunication, 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
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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 six ( 6) months after his or her
term of office 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
prohibited from appearing under
subsection (a) of this Section 2153.
(c) No former city official,
within six (6) months after his or her
term of office has ceased, shall for
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.
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SECTION 2154. Exemptions.
prohibitions contained in Sections
and 2153 shall not apply:
(a) To appearances or
communications by former city employees
or officials concerning matters of a
personal or individual nature, such as
obtaining a business license.
(b) To prevent a former City
employee or off icial 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 subject of the statement,
provided that no compensation is thereby
received other than that regularly
provided for by law or regulation for
The
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witnesses.
(c) To prevent
employee or official
testimony under oath,
statements required to
penalty of perjury.
(d) To prevent former Deputy city
Attorneys in the Criminal or Civil
Divisions of the city Attorney's office,
staff Attorneys or Hearing Examiners of
the Rent Control Board, or City officials
a former city
from giving a
or froln making
be made under
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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
2155.
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 effective date
of this Ordinance 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
any proceeding before the Rent Control
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Board, or any of its departments, 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 six (6) 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 official 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 six (6) months of
leaving office,
employee did not
proceeding while
Control Board.
and if the
participate in
employed by the
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former
the
Rent
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SECTION 2156. Disapproval of
Transactions. If a former City 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, permi ts, or other transaction
which was related to any such violation.
SECTION 2157 . 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 City or any
interested party before any court of
competent j ur isdiction. 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.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
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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:
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ROBERT M. MYERS'
City Attorney
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