SR-012396-8B
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City council Meeting 1-23-96
Santa Monica, California
JAM 2 3 1996
TO: Mayor and city council
FROM: City Attorney
SUBJECT: Ordinance Amending Santa Monica Municipal Code Section
2.08.040 Regarding Restrictions on Activities of
Former city Officials
The city Council has directed the City Attorney to prepare an
ordinance amending Municipal code section 2.08.040 to increase the
time period from six months to two years during which the
activities of former City officials are restricted. The
accompanying ordinance effectuates that direction.
It would
increase from six months to two years the period of time, after his
or her term of office has ceased, during which a former City
official may not, for compensation, aid, advise, counsel, consult,
or assist in representing any other person in any proceeding before
any city administrative agency or officer or employee if: (a) the
City of Santa Monica or the Rent Control Board is a party or has a
direct and substantial interest; and (b) the proceeding is one in
which the former City official participated.
The proposed
ordinance is hereby presented to the City council for its
consideration.
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88
JAN 2 3 1996
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance
be introduced for first reading.
PREPARED BY:
Marsha Jones Moutrie, City Attorney
Claudia Thompson, Legal Admin. staff Asst.
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f:\atty\muni\laws\mjm\revolve
City Council Meeting 1-23-96
Santa Monica, California
ORDINANCE NUMBER
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 2.08.040 REGARDING RESTRICTIONS ON
ACTIVITIES OF FORMER CITY OFFICIALS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 2.08.040 is
amended to read as follows:
2.08.040 Restrictions on activities of
former city officials.
(a) No former city official, within two
(2) years after his or her office holding has
ceased, shall, for compensation, act as agent,
representative, or attorney for, or otherwise
represent any other person (except the city of
Santa Monica or the Rent Control Board) before
any City administrative agency, officers,
employees or, where applicable, the Rent
Control Board, departments, officers, or
employees, by making any formal or informal
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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 or,
where applicable, the Rent Control Board 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
_ "II "lIr
-...~
(6) menths t ~'J (-;} ".;!..:.: 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 or the Rent Control Board) in
any proceeding in which the official would be
prohibited from appearing under subsection (a)
of this section.
(c) No former city official, within two
(2) years after his or her office holding has
ceased, shall, for compensation, act as an
agent, representative, or attorney for, or
otherwise represent, any other person (except
the city of Santa Monica or the Rent Control
Board) before the body on which such official
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served by making any formal or informal
appearance or by making any oral or written
communication, with the intent to influence
such body.
(d) No former city official, within two
(2) years after his or her office hOlding has
ceased, shall accept any position of
employment or management for compensation, or
act as a director or officer for compensation
of any organization or entity which:
(1) Receives more than fifty percent
(50%) of its funding from the city of Santa
Monica, as determined by the City; or
(2) Has fifty percent (50%) or more
of its board members, officers or directors
appointed by the City Council.
SECTION 2. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
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jurisdiction, such decision shall not affect the validity of the
remaining portions of this 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 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.
This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
1I~<L. ,)~
MARSHA JO~'~RIE
city Attorney
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