The purposes of this chapter are:
A.
To assure
the independence, impartiality and integrity of city and agency officials
and designated employees in making governmental actions and decisions;
B.
To prevent
such former officials and designated employees from using their positions
with the city or agency for personal gain;
C.
To prevent
private business entities from obtaining a perceived unfair advantage
in dealing with the city or agency by hiring former officials and
designated employees.
(Ord. 694 § 1, 2009)
For purposes of this chapter, the terms below shall have the
following meaning:
means the chairperson and members of the board of directors
of the redevelopment agency of the city of Loma Linda.
means the mayor and city councilmembers.
means any body created by the city council or agency board
whose members are required to file statements of economic interest
pursuant to the fair political practices commission.
shall have the same meaning as set out in Title 20 of the Code of Federal Regulations Section 404.1007(b).
mean services involving technical or specialized knowledge
required to complete a project or to provide temporary consulting
services to the city or the agency.
means any activity for which compensation is received from any source, including compensation received as an independent contractor. Work includes the supervision or direction of others performing work, except as provided in Section 2.52.050. Work for the city or agency also includes any action of any sort whatsoever taken in one's official capacity. Service by a city or agency official or designated employee on any type of board, committee or similar body as a representative of the city or agency is deemed to be work for the city or agency.
(Ord. 694 § 1, 2009)
For two years immediately following the termination of city
or agency office or employment, no former city or agency official
or designated employee shall:
A.
Work
on any legislative or administrative matter on which the official
or employee worked on behalf of the city or agency during the twelve
months prior to termination of service, or which was within the former
city or agency official's or designated employee's area
of job responsibility. For example, "work on any legislative
or administrative matter" includes providing advice or recommending
any action with regard to a city or agency legislative or administrative
matter such as land use, development or public works project. Legislative
matters include city council, agency board and city board or commission
actions related to ordinances, resolutions, agreements, permits or
licenses.
B.
Represent
anyone else, whether or not for compensation, before the city council,
redevelopment agency board, any commission thereof, or any staff of
the city or agency.
C.
Receive
any gift or payment which would be prohibited under the Political
Reform Act from any person who was, in any way, involved in or affected
by the work of the official or employee during the twelve months prior
to the termination of service.
(Ord. 694 § 1, 2009)
A former member of a commission shall not represent anyone else,
whether or not for compensation, before the commission on which the
former member served, for a period of two years immediately following
the termination of service on that commission. No other provisions
of this chapter shall apply to persons serving on a commission who
are not otherwise city or agency officials or designated employees.
(Ord. 694 § 1, 2009)
The following work shall not be subject to the prohibitions of Section 2.52.030:
A.
As an
employee of a government entity;
B.
As an
independent contractor of the city or agency where it has been determined
that it is in the best interest of the city or agency to retain the
former official or employee to provide transitional services. Such
determination shall be made by the person or body authorized to enter
into such a contract. In such event, the city or agency shall contract
directly with the former official or employee. The rate of compensation
for such services shall not exceed the former official's or
employee's rate of pay, including benefits, at the time city
or agency service terminated.
(Ord. 694 § 1, 2009)
A.
The
provisions of this chapter shall not apply to prevent a former city
or agency official or designated employee from testifying as a percipient
witness in any legal proceeding.
B.
The
provisions of this chapter shall not apply to prevent a former city
or agency official or designated employee from working as a supervisor
of a person or persons performing work that would be prohibited by
this chapter, so long as the supervisor is screened from any personal
participation in the work and receives no part of the fee therefrom.
(Ord. 694 § 1, 2009)
The city council or redevelopment agency board of directors may waive the prohibitions of Section 2.52.030, upon full disclosure of the facts surrounding the proposed activity, if the council or board finds that such waiver is in the best interest of the city or agency and that such waiver is not inconsistent with the purposes of this chapter as set forth in Section 2.52.010.
(Ord. 694 § 1, 2009)
A.
The
city attorney may conduct inquiries or investigate complaints of violations
of this chapter. The city attorney may seek judicial or injunctive
relief in the courts to enjoin violations of or to compel compliance
with the provisions of this chapter.
B.
A city
or agency official, designated employee or person who is subject to
the provisions of this chapter may request a formal written opinion
from the city attorney and may reasonably rely on such advice in order
to comply with the requirements of this chapter. Before such opinion
is rendered, such official or employee shall fully cooperate with
the city attorney in disclosing facts and information in order to
prepare the formal opinion.
C.
Any
person may file a complaint with the city clerk alleging a violation
of this chapter.
D.
The
city attorney may put persons on notice of a potential violation of
the requirements of this chapter, whether or not a complaint is filed
with the city clerk.
(Ord. 694 § 1, 2009)
Violations of this chapter may result in civil penalties of
up to five thousand dollars for each violation. The city of Loma Linda
or the redevelopment agency shall be entitled to recover from any
former city or agency official or designated employee the monetary
value of any compensation or thing of value provided to such person
in violation of the provisions of this chapter.
(Ord. 694 § 1, 2009)
