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SR-601-002 (6) . tPtJ/-I/C2 . o-c NOV 1 2 1985 CalIfornIa CA:RMM: Ims008 Cl tv CnlHlcll Meet" 1 no - . 11-12-85 S3nti'l foL:::n 1 ca, STAFF RrPURT 1'0 Mayor ane,! CIty COllne I 1 FROM CIty At"torney SU R,' ErT Orrllnanr~ AddlPg Chaptpr 1.S to ArtIcle II of the Santa Melln(:n 1-1\]nlc1[..>a1 Code Rp]~tln9 t"o Revo]vlnq Door PO]ICY Tl' 1 S Staff Bpport transmits the ~,rompanYln0 ordInance for fIrSt readIna adOln0 Cha?r~r 1.~ to Article IT or thF Santa MonIca MunlclDa] rode relatIng to revolVlnn door poliCY BACKGROUND ThIS proposert ordlnanrp woulrl re0l'latP cert;nn (onrtllct ~nrl actIvItIes of speclfIed CIty offlcers and employeps upon t"t'> (fIl 1 nat Ion 0f ~heIr employment WIth the CIty. The Intent of thIS ordlnanre IS to prevent former CIty 0fflrlaIs from artlng a-=, FlClf'nts -' or rpprp<;pnt~tlves on hehajf of any person iot~el than the CItyl In connectIon With any procepdtng l~ WhICh thp C 1 t ',r 1 sap art y n r h a :; a: ill r e ("" tan rl 5 U h ~ tan t I iI 1 1 11 t ere s t for i'l speclflen perIod of time TransactIons InvolVIng VIolatIons of thp prG?ospd ordlnancp would be suhlprt to Invall~atlon bv the CIty On January 8, 19H~_ the Cl~Y Cnuncll dIrected the CIty A~torneV to prprar@ an or~)nancp prnhIhltl~J pprsons leaVIng rlty employment tro~ artp~?tln9 to do hU<;lnps~ WIth the cIty {?-c N[}V 12 1$ . . 'l'h 1 S !'Pq\]PC;t" arose In conner-t 1 on WI th [,E'c:ent ~men('lment.:; to the CIty'S ConflIct of Intprpst Corlp The proposed -'Revn 1 v 1 no Door On'll nance" WOll 1 d proh I bIt former City offIcIals f t'om ever engA.~ln9 In lohhYlng ilneJ advoc:acy actlvltle~ hefore the CIty, where the m~tter 1S one ]n WhiCh SLJch CIty otflrlal partlC]OatPeJ pe-rsonally aOll suhstantIally durIng thE' term of hIS or her employmE'nt AddltlonCllly. thIS ordInanCE' would lmoose a two I 2 I ye rt 1 9"rohIhltIon on representatIon for compen5atlon before CIty admlnlstratIvp Oodles. on Any SUhJect whatsopv~r, whether or nnt such matter was one 1n WhICh the CIty offICIal prlrtlclpateo The ,nte-nt e,t the orOlnance Ie; to prevent former CIty offICIals from uSIng confidentIal Information or knowlerlge- gal~pa durIng the1r tenure WIth the CIty In order to Influence a proceedIng to theIr A.dvant~ge CleArly. rpstrlrtInns on Clty offlcpr~ ~nrt employees are Included WIthIn the c.=Itegory of "munIcIpal aff,:urs" SUbJect to CIty control The ordlnanc~ IS patterned after the tederal and statp laws re(?Ulatln~ actlvltlPS of fnrmpr governmt?n~ pmp1oye~s ISee 18 Unlted States Code SpctIon 207. CalifornIa Government Code SpctIon 87400 et seQ.. 2 . . SECTION BY SECTION ANALYSIS The ordInance adds Chapter 1 5 of ArtI,le II of the Santa MOllIca MllnlC"Ipal CodE" p n tIt 1 e " "RevolvInt} Door OrdInance" SectIon 2150. Name, PUf!Jose l and S~ The ordInance IS entltlpd the "RevolvIna Door OrdInance.' -' It IS Intended to prevent cO'lfllctS of Intprf><,;t t'JY prohIbIting specIfIP(j tnrnlP[ CIty offIcers and employees ["City offICIals from engagIng In IObbYIno anri advocCicy activItIes before any "City admInistratIve agency" (the CIty Council and every CIty department. affJcf'J c1IvlsIonJ tloa rd and r.ommlsoqlcnJ or offIcers or employees thereof) IncludIng anv actIvItIes that Illvolvp a matt"f"r 1 n WhiCh the tormer City ottH'lal oartIcIoated L . personally and substantially durIng the term of hiS offiCE' or pmployment DefInItIon.;; ThIS sectIon defines the Sect I ()n 2151 followino key terms "CIty AdmInIstratIve Agency," "Cl ty Clfft,lal," "Jlldlclal QuasI-JudICIal. or othpr Procpedlno.' -' and "PartlCI!=,ated " The t e t'm "CIty OffiCIal," has tleen deflnf'cl narrowly '50 as to l:lpply only to CIty COllnCIl ffiPmr-'Prs. City De~artment Head-s and profeSSIonal employees In the offIce.::: of the CIty Manri9pr ann CIty Att0rney Memtlecs of CIty hoards and commISSIons have heen PXC j ll'lPd from thp flllrV1f>W of thIS or,j In ancp ::Ince rhest'"- pOSItIons traditIonally are not compensated. ApplIcatIon of thp RevolVIng Door OrOlnanc"" to members of CIty hoarrlS HOD 3 . . commISSions fl1l9ht d] S('(q' r .=Inp membP r B of thf> punll,- t ror.; servIng the CIty If deSIred, the seODe of any of these detlnltlons can he expandE'd SectIon 2152 RestrIctIons on ActIVItIes of Former CIty OffICIals ThiS sectIon orohIblts a former City offICIal from ever representIng any other person (except the CItyi oetore any City adminIstrAtiVE' .'3<?ency, or offlCf>rS And employf'E'S thereof. In any proceedIng where the CIty of Ranta Monlra IS Plther a party or has a dIrect and substantIal Interest, where such proceedIn9 IS one In WhIch thE' former CIty offICIal partIclpate>d A:<. <".l!-1plIer1, thIS sectIon would Impose a comple>te ban on a former City offICIal's representatIon of 0thprs Iwhe>the>r compensated or notl whe>re the matter l~ onp In WhICh the former CIty offICIal had rilreet Involvement durIng thp tprm ot hIS or hAr oftIce or employme>nt SectIon 21~3 RestrIctIons on ActIVIties of Former Cltv OfflClalsj -bsslstlng OtheL2 ThIS sectlo~ prohIbits former CIty offICIals from renderlna adVIce, counsel. consultatIon, or aSSIstance> 1 n r~rrpsentlng ~ny orher person lexcept the Cl ty I In any procee>dlng In WhIch such offICIal would be prchlblte>d from ~ppearlng under SectIon 2152 SectIon 2154 Two Year RestrIctIon on Compensate>d ActIVItIes of Former Cltv OffICIals ThIS sectIon would pcev@nt: former CIty offiCIals for a two year "coolIng off" ri . . perJod from actIng as ~o~npnsared T@oresenratIves for persons othpr than the CIty b~forp any CIty admInIstratIve agency. or offIcers and employees thereot on any matter whatsoever~ where the CItV IS a party or has a dIrect and suhstantIaL Interest Spctlon 21 5 ~ Exemotlons - - ThIS <;;ectlon sets fortb <; !, e r I fIe exemptIons to the Orohlbltlonc; set forth In sectIons 2152 tl)rough 2154 1'he exemptIons Include: appearances or rommunIcatlons concernIng matters of a personal nr InrllvInU8J n a t U t' e ; statements hy former ~lty offICIals WhICh contaIn the CI tv offICIi-'ll s own specIal knowledg~ In a partIcular area that IS the subject of the statement; testImony gIven under oath hy the former City offICIal or statements requIred to he made under penalty of perjury: and representatIon of crImInal dpfendants by former criminal or rlVll dppllty city attorrH'''YS under certaIn sppclfled condItIons Spetl',n 21Sh ArlOl}r.:atlon of Rel"]U I rE"mpn t s ThiS sertlon contaIns a. "nranc1fi'lt_'1er prOVISIon" pxpmpt I n(} CIty offICIals who Ipave offic..e or employment prIor to the pffpctlVP. date of thE" ore11n;;,nce from tho'> OllrVIPw ot c;urh ordInance However a former CltV oftlclal who returns to Cl ty offIce or employment aftpr th~ pffprtlve date, would 00 sublect to thiS ordinance thereafter SectIon 21S7 Dl s~r'!1rovF:ll of TransactIons 'l'll I ..- sectlon WQIIl ti De-rmIt the (;1 ty to dlSi'lpr-rnve a. rnntl8cr, approval, permIt, or othpr transartlon when vlolatIonrsl of -, . . thIS Chanter WE're rei ated t.o .;;llch rontract, ap!"",rova 1 permIt, or other transactIon. SectIon 21')8. CrImInal and CIVIl PenaltIes Thl<::; Sf'c'tIon nrovldes that ea~h VIolatIon of the Revolvlnq Door OrdJnancp IS a ffilSnpme<'lnor. AddItlon~lly the CIty or <iny Interested party may brIng a CIVIl actIon hetore any court ot r:ompetent JurISdIctIon ;; <IVll pF-nalty at up to S:.(jO tor each VIolatIon may be Imposed hv the court. Rr:C'OMMFNDATION It } S respectfUlly recC",mmpnded tha t t tH=> acco/r'prtnYl n,} ordInance be Introdured for tIrst readln0 PREPARED BY: Robert M. Myers. CIty Attorney LInda A Moxon} De~uty CIty Attorney b . . CA. RMM. Imo009 CIty CouncIl MeetIng 11-12-85 Santa MonlcaJ CalIfornIa ORDINANCE NUMBER rClty CouncIl SerIes) 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' Chanter 1 5 DISQUALIFICATION OF FORMER CITY OFFICERS AND EMPLOYEES SectIon 2150 NameJ Purpose and Scop~. ThIS Chanter shall be called the 'RevolVIng Door OrdInance." I tIS Intended to prohIbIt speCIfIed CIty offIcers and employees, after 1:.helr term of offIce or employment has ceased. from ImmedIately engagIng In any lobbYIng or advocacy actIVItIes before the CIty CounCIl, Its noards and commISSIons. or any other CIty offIcer or employee for a perIod of 1 . . two years from t e !' m 1 n a t Ion of employment wIth the CItV. In addItIon. thl,", ordInance IS desloned to prohIbIt the d~sIgnated former CIty offIcers and employees from ever represenLlng any party before the CIty COllnc 11 or Its boards and commISSIons In any matter In WhIch the former CIty offIcer or emolovee partIcIpated oersonally and substantIally durIng the term of hIS offIce or employment. SectIon 2151 DefInItIons. The folloWlna words and phrases as used In thIS Chapter shall have the followIn9 meanlnas. [a) CIty~pmInlstratlve Agenc~. The Cltv CouncIl. and every CIty offIce. department. dIVISIon. board. ann commISSIon [ b) CltV OffICIal Each member of the Cltv Counrll; AIroort DIrector, - - Cultl1ral Arts AdmlnIstcator, CIty Attorney; ASSIstant Cltv Attornev: Deputy CIty Attornev; CIty Clerk: CIty LIbrarIan; CIty Manager: ASSIstant CIty Manaaer. Budget DIrector. each 2 . . Senior Management Analyst In the City Manaaer's OffIce: DIrector of CIVIC AudItorium. Director of CommunIty and EconomiC' PlannIng; Development. Director of DIrector of Finance; FIre ChIef. DIrector of General SerVIces; Director PolIce: of Personnel. Chief of DIrector of Parks and Recreation; Information Systems DlreCL.Or: Director of Transportation: Clty EngIneer. PurchaSIng Agent. and Clty Treasurer. r c) ,Judlclsl, Quasl-JudIClal. Any proceeding. QL...............Qther Proceeding. applIcatIon. request for rulIng or other deL.ermlnatlon, contract, claim, arrest, charge. other controversy. accllsatlon, Investl?atlon, or partICUlar matter Involvlna a soeclfIC party or partIes In whIch the CIty of Santa MonIca IS a party or has a dIrect and sUbstantIal InL.erest. l d) PartlC'lpate.Q. To have taken part sUbstantIally personally and through deCISion, approval. disapproval. formal wrItten recommendatIon rendering adVIce on a 3 . . substantIal baSI'3. Investigation. or otherWIse during the CIty offICIal's term of office or employment SectIon 2152 RestrIctions on ActIvitIes of Former CIty OffIcials No former City offIcIal, after hIS or her employment or term of office has ceased. shall. whether compensated or not, act as agent. representatIve, or attorney for or otherWIse represent Santa Monical before the City of any City any other person (except admInIstrative dgency, 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 llldlclal. quasI-JudIrIal or other proceeding If: fal The CIty of Santa MonIca IS a party or has a dIrect and substantIal Interest: and to) Thp proceer.llng IS one In WhIch the former City offICIal partIcIpated 4 . . SectIon 2153 RestrIctIons on ActIvItIes of Former Cl~Offlclals~ Asslstlna Others. No former CIty offICIal, after hIs employment or term of offIce has ceased, shall1 whether compensated rounsel, or not, aId. adVISE', consult or as'5Ist In representIng any other person [except the CIty of Santa MonIca In any ~roceedlng In WhICh the offICIal would be prOhIbIted from appearIng under SectIon 2152 hereof. SectIon 2154. Two Year RestrIctIon on Comoen'5ated ActIvItIes of Former CIty OffIcIals. No former CIty offIcIal. wIthIn two r2J years after hIS term of offIce or 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, thereof Informal or offIcers and employees by makIng any formal or appearance or by makIng any oral or wrItten commUnIcatIon. WIth 5 . . 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 SectIon 2155. ExemptIons The prohIbitIons contaIned In SectIons 2152. 2153. and 2154 shall not apply: I a 1 To appearances or communlcatlons by former City offICIals concerning matters of a personal or IndiVIdual nature. such as obtalnlna a bUSIness lIcense. I b) offIcIal To prevent a former CIty from makIng or provIdIng a statement based upon the former CIty offlClal's own specIal knowledge In the partIcular area that 1 S the subject of the statement, provIded that no compensatIon IS thereby receIved other than that regularly provIded for by law or regulatIon for Witnesses r c 'I offICIal To prevent a former CIty from ~IVIn0 testimony under oath. or from makIna statements 6 . . requIred to be made under oenaltv of , ... per]ury_ Id) To orevent former deputy CIty attorneys In the criminal or CIVIl dIVISIons of the CIty Attorney'~ office from serVlno as repr@sentatIves of defendants In criminal proceedIngs. where the offenseCsl for whIch such repre<;;entatlon IS made occurred at least three f 3 1 months following termination of the former deputy City attorney's employment wIth the CIty SectIon 2156_ ApplIcatIon of Requlrement~ The reqUIrements Imoosed ny thIS Chapter sha 11 not apply to any person whose employment or term of offIce Lerffilnates 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 2157. DIsapprov~-2i. TransactIons. If a formpr City 7 . . Offleldl VIoldt~o::; any prOVISIon of thIS Chanter. such violation or vlolatIon~ shall ~e adequate grounds for the CI ty to dIsapprove any contract. approval. ~ermIt. or other transactIon WhIch was related to any such vIolatIon SectIon 2158 CrImInal and CIVIl PenaltIes. Each vIolatIon of the DrOVlSlons of thIS Chapter shall constItute a misdemeanor A CIVil actIon mav also be brouaht by the Clty or any Interested party before any court of competent lLlrISdl(::tlon In addItIon to all other remedies authorIzed by law, the court may Impose a CIVll penalty of up ro $500 for each vIolatIon of thiS Chapter. SECTION 2. Any prOVISIon of the Santa Monica MunICIpal Code or appendIces thereto In~onsIstent WIth the prOVISIons of thIS ordlnapce. to the extent of such InconSIstenCIes and no further. are hereby repealed or modIfIed to that extent necessarv to affect the DrOVISlons of thIS 0rdlnance. - " 8 . . SECTION 3 If any '5ection. subsectIon. sentence, clause or phrase of thIs ordInance IS for any reason held to he invalid or unconstitutIonal by a declson of any court of any competent JurIsdIctIon. slich deCISIon shall not affect the valIdity of the remaInlna portIons of the ordInance. The city CounCIl h~rebv declares that It would have passed thIS ordinance and each and everv section, subsection, sentence, clause or phrase not declared Invalid or unconstItutIonal WIthout reaard to whether any portIon of the ordinance would be subsequently declared InvalId or unconstItutional. SECTION 4 The Mayor shall SIan and the City Clerk shall attest to the pas~aae of thiS ordInance The CIty Clerk ~ha 11 cau~e the same to be oubllshed 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: ~ ~. \.-..,- ~-~~--- ROBERT M MYERS City Attorney 9