SR-601-002 (3)
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JAN 1 4 1986
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CA:RMM: Ims008x
CIty CouncIl MeetIng 1-14-86
Santa MonIca, CalIfornIa
STAFF REPORT
TO: Mayor and CIty CounCIl
FROM: CIty Attorney
SUBJECT: OrdInance for IntroductIon AddIng
Chapter 1.5 to ArtIcle II of the Santa
MonIca MunICIpal Code RelatIng to
RevolvIng Door POlICY
At Its meetIng on December 10,
1985: the CIty CounCIl
Introduced for fIrst readIng an ordInance addIng Chapter 1.5
to ArtIcle II of the Santa MonIca MunICIpal Code relatIng to a
revolVIng door POlICY_
The ordInance 15 now presented to the
CIty CounCIl for adoptIon
RECOMMENDATION
It 15 respectfully recommended that the accompanYIng
ordInance be adopted.
PREPARED BY:
Robert M. Myers, CIty Attorney
LInda A. Moxon, Deputy CIty Attorney
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JAM 1 4 19RI:
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City Council Meeting 1-14-86
Santa MonIca, CalifornIa
ORDINANCE NUMBER 1356{CCS)
(C~ty Council Ser~es)
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
Monica Municipal Code is enacted to read as follows:
Chapter 1.5.
DISQUALIFICATION
OF FORMER CITY OFFIC~~S..AND .tMPLOYEES.
Sectlon 2150. Name. Puroose and
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Scone.
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 office has ceased. This
ordinance is deSIgned to prohibit or
llm~t
the
desIgnated former City
employees
and
offlclals
from
representing any party before the CIty
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Council,
or
its
boards
and
commISSions,
In any matter In WhIch
the former CIty 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
follo\onng
employment.
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 follOWing
termination of employment or office.
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.
2
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Section 2151. p~finitions. The
following words and phrases as used in
this Chapter shall have the followIng
meanings:
(a) city Administrative Agency.
The City Council, and every City
office, department, division, board,
and commission.
(b) city
Employee.
Pl.irport
Director; Cultural Arts AdminIstrator;
City
Attorney;
J\.ssJ.stant
CIty
Attorney; Deputy city Attorney; CIty
Clerk; City Librarian; City Manager;
Pl.ssistant
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 Pol1ce; Director
of Parks and Recreation; Information
Systems
DIrector;
Director
of"
Transportation;
City
Engineerj
Purchasing Agent; and City Treasurer.
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( c )
C~tv o.ff~c~al.
Each member
of
the
C1ty
Counc11,
PlannIng
COmmlSSl.On,
and ArchItectural Revlew
Board.
(d)
Jud~clal.,
Ouas l-Judlclal.,
or other proceedl.ng.
Any proceedlng,
appllcat1on,
request for
rullng or
other determlnat10n, contract, claim,
controversy,
lovest1gatlon,
charge,
accusation,
arrest,
or
other
part1cular matter 1nvolv1ng a speclflc
party or partles 10 WhlCh the Clty of
Santa Mon1ca
15 a party or has a
dIrect and substantlal lnterest.
(e)
Partlcloated.
To
have
taken
part
personally
and
substant1.ally
through
deClslon;
approval,
d1sapproval, formal wrltten
recommendatlon,
renderlng adv1ce on a
substantlal basls, 1nvestlgatlon, or
otherW1se durlng the C1.ty off1.Clal's
or
employee's
term of offlce or
employmen t.
A
Clty
offlC1al's
abstentlon
from votlna on
-'
a matter
shall
not
constltute
part1c1patlon
hereunder.
4
employment
has ceased} shall} whether
compensated or not,
act
as
agent,
representat1ve,
or
attorney for, or
otherWIse
represent any other person
(except
the C1ty of Santa Mon1ca)
before any C1ty adm1n1strat~ve agency:
or off1cers or employees
thereof by
mak1ng
any
formal
or
1nformal
appearance,
or by mak1ng any oral or
wr1tten commun1catlon, wlth the lntent
to 1nfluence} 1n connect1on wlth any
JudlClal,
quas1-JudlClal
or
other
proceedlng 1f:
(1)
The
C1ty of
Santa
Mon1ca
1S a ~arty or has a d1rect and
substant1al 1nterest, and
1n wh1ch
(2) The proceed1ng 1S one
the former C1ty employee
partlclpated.
(b) No former C1ty employee}
w1thln
two (2) years after h1S or her
employment has ceased; shall; whether
compensated
or
not,
aid,
adVlse,
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counsel,
consult,
or
assIst
In
representlng any other person (except
the CIty of Santa Mon1ca)
1n any
proceed1ng 1n WhICh the employee would
be proh1b1ted from appearIng under
subsect10n (a) of th1S Sectlon 2152.
(e) No former Clty employee,
wlthIn
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 admln1strat1ve 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
~roceedlng If the CIty of Santa MonIca
IS
a party or has
a dIrect
and
substantIal Interest.
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SectIon 2153. ~estrIctIons on
ActIvItIes of Former CIty OffICip:ls.
( a ) No former CIty offlClal,
wIthIn SlX ( 6 ) months after hls or her
term of offlce has ceased, shall for
compensatlon,
act
as
agent,
representatIve, or attorney for, or
otherwIse represent any other person
(except
the CIty of Santa MonIca)
before any CIty admlnlstratIve agency,
or offIcers or employees thereof by
maklng
any
formal
or
Informal
appearance,
or by maKIng any oral or
wrItten communIcatIon, WIth the Intent
to lnfluence, In
connectIon WIth any
JudICIal,
quasI-JudICIal
or other
proceedIng l.f:
(1)
The
CIty of Santa
MonIca
IS a party or has a dIrect and
substantlal Interest; and
(2) The proceedIng 15 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,
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consult} or aSs1st 1n represent1ng any
other person (except the C1ty of Santa
Mon1ca) 1n any proceed1ng 1n WhiCh the
off~c~al
~ould be proh1b1ted from
appearlng under subsection (a) of thIS
SectIon 2153.
(c) No former City offIcIal}
wlth1n SIX (6) months after h1S 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 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.
SectIon
2154.
Exemptions.
The
prohibitions
contained In SectIons
2152 and 2153 shall not ap~ly.
( a )
To
appearances
or
communIcations
by
former
City
employees
or
offiCials
concernlog
matters
of a personal
or IndiVidual
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nature}
such as obta~n1ng a bUS1ness
lIcense.
(b)
To prevent a
former CIty
employee or off1CIal 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 regulat~on for w~tnesses.
(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
CIVIl dIv1s1ons of the CIty Attorney's
offl.ce
or Cl.ty offICIals who are
attorneys from
representatIves of
serv1ng
as
defendants
In
CTlmlnal
proceedIngs, where
for WhICh
the
offense(sl
such
representatIon
IS made
occurred at
least
three
( 3 )
months
follow~ng
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termInatIon of the former deputy CIty
attorney's employment or eXpIratIon of
the former CIty officIal's term of
offIce wIth the CIty.
SectIon 2155.
Appllcatl,on of
ReguIrements.
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.
SectIon 2156. DIsaporoval of
<r:,r an sac t Ion s . 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,
permIt} or other transactIon WhIch was
related to any such VIolatIon.
10
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SectIon
2157.
Crlmlnal
and
CIVIl
PenaltIes.
Each vIolatIon of
thIs Chapter shall
the provIsIons of
constItute a mIsdemeanor.
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
COQrt may Impose a CIVIl penalty of up
to $500 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
further, are hereby repealed
of such InconSIstenCIes and no
or modIfIed to
that extent
necessary to affect the prOVISIons of thIS ordInance.
SECTION
3 .
If
any sectlon~
subsectIon,
sentence:
clause] or phrase of thIS ordInance IS for any reason held to
be InvalId or unconstItutional by a decIson of any court of
any competent JurIsdIctIon, such deCISIon shall not affect the
valIdIty of the remaInIng portIons of the 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
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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 thlS 14th day of January, 1986.
OP~k~!.(
~ Mayor --
I hereby certlfy that the foregolng Ordinance No. 1356 (CCS)
was duly and regularly lntroduced at a meetlng of the Clty
Councll on the 17th day of December 1985; that the sa1d Ordlnance
was thereafter duly adopted at a meetlng of the Clty Councll on
the 14th day of January 1986 by the followlng Councll vote:
Ayes: Councllmembers: Conn, Epsteln, A. Katz, H. Katz,
Zane and Mayor Reed
Noes: Councllmembers: None
Abstaln: Councllmembers: None
Absent: Councllmembers: Jennlngs
ATTEST:
~ ~~L?UrQ
Cl ty Clerk --
VOTE: AffirmatIve:
~ NegatIve:
~ Abstain: (1
u
::: Absent: ~ ->_~ s:
~ ~ PROOF VOTE~ KIT~~OTHER PERSON BEFORE A~~THING
-< iJl51KlnulluN": uK.IGlN"Ai."LO De signed, sealed and
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BEFORE DISTRIBUTION CHECK CONTENT OF ALL
DISTRIBUTION OF RESOLUTION #
Council Meeting Date ~~~,
Agenda Item #
Was it amended?
f~~
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FOR CITY CfERK'S ACTION
ORDINANCE # (?~ C;
Introduced: /5~7 ,Ie? S-
Adopted:
AIl/lAYS PUBLISH AOOPl'w ORDINANCE'S*
*Cross out Attorney 15 approval
NEWSPAPER PUBLICATION (Date:
fIled in Vault.
)
)
I
Department originating staff report (
Management Serv'~5e? Lynne Barr~tte -urdInances only
Agency mentioned In document or staff report
JI
;
(certified?)
Subject file (agenda packet) 1
Counter file 1
Others-:
AIrport
Parking Auth.
Auditoium
Personnel
Building Dept.
Planning
EnVIron. Servo
PolIce (en-
forcement?)
Purchasing
Recr/Parks
FInance
Fire
General Servo
TransportatIon
Library
Treasurer
Manager
SEND FOUR. COPIES OF ALL ORDINANCES TO:
CODED SYSTEJt.1S, Attn Petet- Macl'earie
12_0' Main .!"tr~et
AV0~1 ~~w Jersey_07717
SEND FOUR COPIES OF ALL 0RnTNAi'rrF~--=t.O:
PRESIDING JUDGE
SANTA MONICA MUNICfPAL COURT
(_ 725 MAIN STREET
SANTA MONICA, CA 90401
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*Check COOe SectIOns before senchng.
TOTAL COPIES
~{