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