SR-601-002 (4)
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city Council Meeting 12-17-85
Santa Monica,
SUPPLEMENTAL STAFF REPORT
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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
This
Supplemental
staff Report outlines alternative
provisions concerning the scope of the proposed Revolving Door
Ordinance.
The substantive restrictions of the ordinance are contained
in sections 2152 and 2153. Section 2152 contains restrictions on
former City employees and Section 2153 contains restrictions on
former city officials (members of the city Council, Planning
commission and Architectural Review Board) .
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CITY EMPLOYEES
Section 2152 of the proposed ordinance provides:
Section 2152.
Employees.
Restrictions on Activities of Former City
(a) No former City employee, 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) 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 interest; and
(2) The proceeding is one in which the former city
employee participated.
(b) No former City employee, after his or her 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) 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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ALTERNATIVE NUMBER 1
This alternative would limit the indefinite restrictions
contained in subdivisions (a) and (b) to two years. As revised,
the section would provide:
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)
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 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, consult or assist in 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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ALTERNATIVE NUMBER 2
This
alternative
would
limit
the
restrictions
to
proceedings in which the former city employee participated by
deleting subdivision (c).
The restrictions could be indefinite
or time limited. As revised, the section would provide:
Section 2152.
Employees.
Restrictions on Activities of Former city
(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) 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 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, consult or assist in 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.
(If indefinite restrictions are desired, the language in [)
should be deleted.)
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CITY OFFICIALS
Section 2153 of the proposed ordinance provides:
Section 2153.
Officials.
Restrictions on Activities of Former city
(a) No former city official, 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) 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 interest; and
(2) The proceeding is one in which the former city
official participated.
(b) No former City official, 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) 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 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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ALTERNATIVE NUMBER 1
This alternative would limit the indefinite restrictions
contained in subdivisions (a) and (b) to six months. As revised,
the section would provide:
section 2153.
Officials.
Restrictions on Activities of Former City
(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)
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 ather
proceeding if:
(1) The city of Santa Monica 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) 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 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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ALTERNATIVE NUMBER 2
This
alternative
would
limit
the
restrictions
to
proceedings in which the former city official participated by
deleting subdivision (c).
The restrictions could be indefinite
or time limited. As revised, the section would provide:
section 2153.
Officials.
Restrictions on Activities of Former City
(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)
before any city adm.inistrative agency, or officers or em.ployees
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 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) in any proceeding
in which the official would be prohibited from appearing under
subsection (a) of this Section 2153.
(If indefinite restrictions are desired, the language in []
should be deleted.)
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ALTERNATIVE NUMBER 3
This alternative is similar to Alternative Number 1 except
that subdivision (c) has been revised to limit appearance during
the six month period only before the body on which the official
served.
Section 2153.
Officials.
Restrictions on Activities of Former City
(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)
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 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) 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 agent, representative, or attorney for, or otherwise
represent, any other person (except the city of Santa Monica)
before tl'flY" €-i-t-y -€tt'imi:-:.i.=~rati~e ~e~T or -e-f-:E-iser-G-a~-emp.1-9y.Q.Q&
-t.~~:fT 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, in-~~~~~-w~
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such body.
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RECOMMENDATION
It is respectfully recommended that the Revolving Door
Ordinance be introduced for first reading with such alternative
language for Sections 2152 and 2153 that the City Council deems
appropriate.
PREPARED BY: Robert M. Myers, City Attorney
Linda A. Moxon, Deputy city Attorney
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