SR 09-24-2019 7F
City Council
Report
City Council Meeting: September 24, 2019
Agenda Item: 7.F
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To: Mayor and City Council
From: Lane Dilg, City Attorney, City Attorney's Office, Administration
Subject: Introduction and First Reading of an Ordinance Adding Section 4.08.820 of
the Santa Monica Municipal Code to Prohibit the Making of False Statement s
to the City
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance adding Section 4.08.820 of the Santa Monica Municipal Code to prohibit the
making of false statements to the City.
Executive Summary
The City relies upon the information it receives in applications, reports, and other
documents to make informed decisions. The Municipal Code, however, does not
expressly prohibit making false statements to the City. Staff recommends that the City
Council pass such an ordinance to protect the reliability of information submitted to the
City that can influence the City’s decision-making process.
Background
The Municipal Code currently provides consequences for false statements in
applications for certain permits and other filings. For example, under Santa Monica
Municipal Code § 6.36.080, a vendor permit may be revoked by the City Manager if
“[t]he applicant has made a materially false, misleading or fraudulent statement of fact
or omission of fact to the City.” In addition, under Santa Monica Municipal Code §
3.24.030, certain forms must be submitted under penalty of perjury. However, the
Municipal Code does not have a broader, general prohibition against false statements in
applications or other materials submitted to the City.
Discussion
The proposed ordinance reflects consideration of the following five issues:
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Falsity. The proposed ordinance applies to false, misleading, or fraudulent statements
or representations. This means that the ordinance will cover direct lies as well as
misleading half-truths, concealments, and tricks.
Knowledge. The proposed ordinance has a knowledge requirement. As a result, the
ordinance will not apply when someone makes an honest mistake in a submission to
the City. For a person to knowingly make a false statement, the person must act with
actual knowledge of falsity, deliberate ignorance of truth or falsity, or reckless disregard
of truth or falsity. The ordinance should not require a specific intent to defraud because
that is not necessary for a defendant’s knowing false statement to have misled the City.
Materiality. The proposed ordinance includes a materiality requirement. To be material,
a statement is required to have a natural tendency to influence, or be capable of
influencing, a public official or decisionmaker of the City. This will preclude application
of the ordinance to trivial statements, or statements that are otherwise incapable of
influencing the City’s actions.
Applicability. The ordinance applies to false statements made in any matter within the
jurisdiction of the City. This accords with the federal statute regarding false statements,
18 U.S.C. 1001, and addresses the purpose of the ordinance, to prevent false
statements to the City, by whoever made and in whatever context, that pose a risk of
causing City decisions to be based on false information.
Penalty. The penalty for violating the ordinance should be sufficient to have a deterrent
effect and also proportional to the offense. Staff recommends that a violation of the
proposed ordinance be a misdemeanor, in keeping with other provisions in the
Municipal Code. A misdemeanor is punishable by a fine up to $1,000, jail for up to six
months, or both.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
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Prepared By: Lane Dilg, City Attorney
Approved
Forwarded to Council
Attachments:
A. CAO - Ordinance - False Statements - 09.24.2019
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City Council Meeting: September 24, 2019 Santa Monica, California
ORDINANCE NUMBER________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SECTION 4.08.820 OF THE SANTA MONICA MUNICIPAL CODE TO
PROHIBIT THE MAKING OF FALSE STATEMENTS TO THE CITY
WHEREAS, the City of Santa Monica is a municipal corporation existing under its
charter and the laws of the State of California and is empowe red by the California
Constitution to control its own municipal affairs; and
WHEREAS, Article XI of the California Constitution recognizes the City’s authority
to enforce laws of general application via its police power; and
WHEREAS, persons regularly submit information to the City that has the capacity
to influence a decision made by a decision-making body of the City; and
WHEREAS, false and misleading statements submitted to the City impair the
functions of municipal government and undermine the integrity and reliability of
information available to the City; and
WHEREAS, Santa Monica Municipal Code Section 3.25.030 prohibits false
statements made in the ammunition sales log maintained by a holder of a business
license to sell ammunition; and
WHEREAS, Santa Monica Municipal Code Section 5.20.420 prohibits false
statements made in documents filed with the Director of the Public Works Department
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regarding industrial wastewater control under Section 5.20.420; and
WHEREAS, Santa Monica Municipal Code Section 6.04.220 prohibits false
statements made in annual statements of licensee filed with the Director of Finance; and
WHEREAS, under Santa Monica Municipal Code Section 1.09.060, a recipient of
an administrative citation may request a hearing to contest the administrative citation; and
WHEREAS, under Santa Monica Municipal Code Section 1.10.090, a Hearing
Examiner for a hearing requested under Santa Monica Municipal Code Section 1.09.060
shall issue written findings and, if appropriate, issue an administrative order; and
WHEREAS, the United States Supreme Court has stated in United States v.
Gillilandi (1941) that a federal law prohibiting false statements to the government is
designed to “protect the authorized functions of governmental departments and agencies
from the perversion which might result from the deceptive practices described ”; and
WHEREAS, the California Court of Appeal in Hudson v. Superior Court (2017)
recognized that California Penal Code Section 115, which prohibits offering false
instruments to any public office in California, has the purpose to “protect the integrity and
reliability of public records.”
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.08.820 is hereby added to
read as follows:
4.08.820 False Statements
Any person who knowingly makes a false, misleading, or fraudulent material
statement or representation in any matter within the jurisdiction of the City shall be guilty
of a misdemeanor, which shall be punishable by a fine not exceeding one thousand
dollars per violation, or by imprisonment in the County Jail for a period not exceeding six
months, or by both such fine and imprisonment.
SECTION 2. Any provision of the 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 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 porti on 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
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newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_______________________
LANE DILG
City Attorney