(a)
This
Chapter shall be called the "Revolving Door Ordinance." It is intended
to impose restrictions on activities of specified City employees or
officials after their term of employment or office has ceased.
(b)
This
Chapter is designed to prohibit or limit the designated former City
employees or officials from representing any party or engaging in
lobbying activities on behalf of any party before the City Council,
its boards and commissions, or where applicable, the Rent Control
Board, in any matter in which the former City employee or official
participated personally and substantially during his or her term of
employment or office. Certain former City employees and designated
City officials would be barred from such representation or lobbying
activities whether compensated or not, for a period of two years following
termination of employment or office.
(c)
In
addition, this chapter would prohibit the designated former City employees
and officials from engaging in any compensated lobbying or advocacy
activities before specified bodies for a period of two years following
termination of employment or office.
(d)
Finally,
this chapter would also prohibit or restrict specified City officials
from accepting employment with any organization or entity which either
receives more than 50% of its funding from the City of Santa Monica
or is governed by a board of directors 50% or more of whose members
are appointed by action of the City Council.
(Prior code § 2150; amended
by Ord. No. 1517CCS adopted 3/13/90; Ord. No. 1670CCS § 1,
adopted 2/23/93)
The following words and phrases as used in this Chapter shall
have the following meanings for purposes of this Chapter:
The City Council, the Rent Control Board, and every City
or Rent Control Board office, department, division, board, and commission.
City Attorney; Assistant City Attorney; Deputy City Attorney;
City Clerk; Assistant City Clerk; City Engineer; City Librarian; City
Manager; Assistant City Manager; City Treasurer; Budget Coordinator;
each Senior Management Analyst in the City Manager's Office; Director
of Civic Auditorium; Director of Cultural and Recreation Services;
Cultural Arts Administrator; Director of Finance; Director of General
Services; Director of Land Use and Transportation Management; Director
of Personnel; Director of Resource Management; Director of Transportation;
Fire Chief; Chief of Police; Information Systems Director; Purchasing
Agent; and the Administrator, Information Systems Manager, Hearings
Department Manager, General Counsel and Staff Attorneys of the Rent
Control Board.
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Any change in titles of the designated employee positions subject
to this Chapter shall automatically be incorporated herein.
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Each member of the City Council, Planning Commission, Architectural
Review Board, and the Rent Control Board.
For former employees and officials of the City of Santa Monica,
except the Rent Control Board, any proceeding, application, request
for ruling or other determination, contract, claim, controversy, investigation,
charge, accusation, arrest, or other particular matter involving a
specific party or parties in which the City of Santa Monica is a party
or has a direct and substantial interest.
For former employees and officials of the Rent Control Board
only, any proceeding, application, request for ruling, or other determination,
contract, claim, controversy, investigation, charge, accusation, arrest,
or other particular matter involving a specific party or parties in
which the Rent Control Board is a party or has a direct and substantial
interest.
To have taken part personally and substantially through decision,
approval, disapproval, formal written recommendation, rendering advice
on a substantial basis, investigation, or otherwise during the City
official's or employee's term of office or employment. A City official's
refusal from voting on a matter on the basis of a conflict of interest
shall not constitute participation hereunder.
(Prior code § 2151; amended
by Ord. No. 1517CCS, adopted 3/13/90; Ord. No. 1670CCS § 1,
adopted 2/23/93)
(a)
No
former City employee, within two years after his or her employment
has ceased, shall, whether compensated or not, 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, 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 judicial, quasi-judicial,
or other proceeding if:
(b)
No former City employee, within two years after his or her employment has ceased, shall, whether compensated or not, 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 employee would be prohibited from appearing under subsection (a) of this Section.
(c)
No
former City employee, within two years after his or her employment
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 any City
administrative agency, or officers and 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
judicial, quasi-judicial, or other proceeding if the City of Santa
Monica or, where applicable, the Rent Control Board is a party or
has a direct and substantial interest.
(Prior code § 2152; amended
by Ord. No. 1517CCS, adopted 3/13/90; Ord. No. 1670CCS § 1,
adopted 2/23/93)
(a)
No
former City official, within two 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 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:
(b)
No former City official, within two years 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 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 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 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:
(Prior code § 2153; amended
by Ord. No. 1517CCS, adopted 3/13/90; Ord. No. 1670CCS § 1,
adopted 2/23/93; Ord.
No. 1838CCS § 1, adopted 2/13/96)
(a)
To
appearances or communications by former City employees or officials
concerning matters of a personal or individual nature, such as obtaining
a business license;
(b)
To
prevent a former City employee or official from making or providing
a statement based upon the former City employee's or official's own
special knowledge in the particular area that is the subject of the
statement, provided that no compensation is thereby received other
than that regularly provided for by law or regulation for witnesses;
(c)
To
prevent a former City employee or official from giving a testimony
under oath, or from making statements required to be made under penalty
of perjury;
(d)
To
prevent former Deputy City Attorneys in the Criminal or Civil Divisions
of the City Attorney's Office, Staff Attorneys or Hearing Examiners
of the Rent Control Board, or City officials who are attorneys, from
serving as representatives of defendants in criminal proceedings,
where the offense(s) for which such representation is made occurred
at least three months following termination of the former employee's
employment or expiration of the former City official's term of office
with the City.
(Prior code § 2154; amended
by Ord. No. 1517CCS, adopted 3/13/90; Ord. No. 1670CCS § 1,
adopted 2/23/93)
(a)
The
requirements imposed by this Chapter shall not apply to any person
whose employment or term of office terminates 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 the ordinance
codified in this Chapter shall thereafter be covered thereby.
(b)
Nothing
in this Chapter is intended to prevent former employees or officials
of the City of Santa Monica from acting as an agent, representative,
or attorney or from giving aid, advice, counsel, consultation, or
assistance in any proceeding before the Rent Control Board, or any
of its departments, if the former employee was not employed by the
Rent Control Board within two years of leaving City employment or,
if an official, within twenty-four months of leaving office, and if
the former employee or official did not participate in the proceeding
while employed by the City of Santa Monica.
(c)
Nothing
in this Chapter is intended to prevent former employees or officials
of the Rent Control Board from acting as an agent, representative,
or attorney, or from giving aid, advice, counsel, consultation, or
assistance in any proceeding before any department, board, commission,
or official body of the City of Santa Monica, if the former employee
was not employed by the City of Santa Monica within two years of leaving
City employment or, if an official, within twenty-four months of leaving
office, and if the former employee did not participate in the proceeding
while employed by the Rent Control Board.
(Prior code § 2155; amended
by Ord. No. 1517CCS, adopted 3/13/90; Ord. No. 1670CCS § 1,
adopted 2/23/93)
If a former City employee or official violates any provision
of this Chapter, such violation or violations shall be adequate grounds
for the City to disapprove any contract, approval, permits, or other
transaction which was related to any such violation.
(Prior code § 2156; amended
by Ord. No. 1517CCS, adopted 3/13/90; Ord. No. 1670CCS § 1,
adopted 2/23/93)
(a)
Each
violation of the provisions of this Chapter shall constitute a misdemeanor.
(b)
A
civil action may also be brought by the City or any interested party
before any court of competent jurisdiction. In addition to all other
remedies authorized by law, the court may impose a civil penalty of
up to five hundred dollars for each violation of this Chapter.
(Prior code § 2157; amended
by Ord. No. 1517CCS, adopted 3/13/90; Ord. No. 1670CCS § 1,
adopted 2/23/93)
