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SR-601-002 (3) - . 0/ ~-c JAN 1 4 1986 . t!30/- CJp-z . 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 re JAM 1 4 19RI: ,~ . . C1\:RMM:lmo009x 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 - - 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 1 , ~ '" . . 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 . . 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. 3 . . ( 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, 5 . . . . 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. 6 . L . . 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, 7 . > . . 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 8 , . . . 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 9 . . . . 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 . f. . . 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 11 . , . . 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 . . 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 ::I .... ':) r. ;0 ...... ::l -..) ...... Jl ~ > ...; 4) :.J 11 ;.... ~ o l:: >.. ~ ::: ;.... o ~ j-J ... .... ~ tI:l l:: ~ " (l) j-J ..."l (l) ;j ...... v o ;.... (l) U .-I ... - o tt) >.. (l) l:: ;.... o +J ,j-J c:e: >. +..I -t . , '-' ~ o ro +..I f..o Q) ,D o 0::: . BEFORE DISTRIBUTION CHECK CONTENT OF ALL DISTRIBUTION OF RESOLUTION # Council Meeting Date ~~~, Agenda Item # Was it amended? f~~ V~5 &1. 0 . 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 \ . *Check COOe SectIOns before senchng. TOTAL COPIES ~{