Note: Editor’s note: Article XXII adopted at General
Municipal Election, November 7, 2000, Measure LL.
This Article shall be known as the City of Santa Monica Taxpayer
Protection Amendment of 2000.
(a)
The
people of the City of Santa Monica (“City”) find that
the use or disposition of public assets are often tainted by conflicts
of interest among local public officials entrusted with their management
and control. Such assets, including publicly owned real property,
land use decisions conferring substantial private benefits, conferral
of a franchise without competition, public purchases, taxation, and
financing, should be arranged strictly on the merits for the benefit
of the public, and irrespective of the separate personal or financial
interests of involved public officials.
(b)
The
people find that public decisions to sell or lease property, to confer
cable, trash hauling and other franchises, to award public construction
or service contracts, or to utilize or dispose of other public assets,
and to grant special land use or taxation exceptions have often been
made with the expectation of, and subsequent receipt of, private benefits
from those so assisted to involved public “decision makers.”
The people further find that the sources of such corruptive influence
include gifts and honoraria, future employment offers, and anticipated
campaign contributions for public officials who are either elected
or who later seek elective office. The trading of special favors or
advantage in the management or disposal of public assets and in the
making of major public purchases compromises the political process,
undermines confidence in democratic institutions, deprives meritorious
prospective private buyers, lessees, and sellers of fair opportunity,
and deprives the public of its rightful enjoyment and effective use
of public assets.
(c)
Accordingly,
the people declare that there is a compelling state interest in reducing
the corruptive influence of emoluments, gifts, and prospective campaign
contributions on the decisions of public officials in the management
of public assets and franchises, and in the disposition of public
funds. The people, who compensate public officials, expect and declare
that as a condition of such public office, no gifts, promised employment,
or campaign contributions shall be received from any substantial beneficiary
of such a public decision for a reasonable period, as provided herein.
(a)
As
used herein, the term public benefit does not include public employment
in the normal course of business for services rendered, but includes
a contract, benefit, or arrangement between the City and any individual,
corporation, firm, partnership, association, or other person or entity
to:
(1)
provide personal services of a value in excess of $25,000 over any
12 month period,
(2)
sell or furnish any material, supplies or equipment to the City of
a value in excess of $25,000 over any 12 month period,
(3)
buy or sell any real property to or from the City with a value, in
excess of $25,000, or lease any real property to or from the City
with a value in excess of $25,000 over any 12 month period,
(4)
receive an award of a franchise to conduct any business activity
in a territory in which no other competitor potentially is available
to provide similar and competitive services, and for which gross revenue
from the business activity exceeds $50,000 in any 12 month period,
(5)
confer a land use variance, special use permit, or other exception
to a pre-existing master plan or land use ordinance pertaining to
real property where such decision has a value in excess of $25,000,
(6)
confer a tax abatement, exception, or benefit not generally applicable
of a value in excess of $5,000 in any 12 month period,
(7)
receive cash or specie of a net value to the recipient in excess
of $10,000 in any 12 month period.
(b)
Those
persons or entities receiving public benefits as defined in Section
2202(a)(1)-(7) shall include the individual, corporation, firm, partnership,
association, or other person or entity so benefiting, and any individual
or person who, during a period where such benefit is received or accrues,
(1)
has more than a ten percent (10%) equity, participation, or revenue
interest in that entity, or
(2)
who is a trustee, director, partner, or officer of that entity or
of another entity that owns or controls the entity receiving the public
benefit, excepting persons serving in those capacities as volunteers,
without compensation, for organizations exempt from income taxes under
Section 501(c)(3), (4), or (6) of the Internal Revenue Code. However,
this exception shall not apply if the organization is a political
committee or controls political committees as defined by California
Government Code Section 82013 or 2 U.S.C. Section 431(4) or successor
provisions.
(d)
As
used herein, the term public official includes any elected or appointed
public official acting in an official capacity. This includes, but
is not limited to: City Council members, Planning Commission members,
and the City Manager and Department Heads and their designees who
confer “public benefits” as defined in this section.
(Amended by General Municipal Election, November 8, 2016, certified by Res. No. 10978CCS)
(a)
No City public official who has exercised discretion to approve and who has approved or voted to approve a public benefit as defined in Section 2202(a) may receive a personal or campaign advantage as defined in Section 2202(c) from a person as defined in Section 2202(b) and no person or entity who has received a public benefit may confer a personal or campaign advantage upon a public official who exercised discretion to confer that public benefit for a period beginning on the date the official approves or votes to approve the public benefit, and ending no later than:
(1)
two years after the expiration of the term of office that the official
is serving at the time the official approves or votes to approve the
public benefit;
(2)
two years after the official’s departure from his or her office
whether or not there is a pre-established term of office; or
(3)
six years from the date the official approves or votes to approve
the public benefit; whichever is first.
(b)
Section 2203(a) shall also apply to the exercise of discretion of any such public official serving in his or her official capacity through a redevelopment agency, or any other public agency, whether within or without the territorial jurisdiction of the City either as a representative or appointee of the City.
(c)
No City public official who has exercised discretion to approve and who has approved or voted to approve a public benefit as defined in Section 2202(a) may receive a personal or campaign advantage as defined in Section 2202(c) from a person as defined in Section 2202(b) in any geographic location, including within and outside the geographic boundaries of Santa Monica.
(Amended by General Municipal Election, November 8, 2016, certified by Res. No. 10978CCS)
(a)
City public officials shall practice due diligence to ascertain whether or not a benefit defined under Section 2202(a) has been conferred, and to monitor personal or campaign advantages enumerated under Section 2202(c) so that any such qualifying advantage received is returned forthwith, and no later than ten days after its receipt.
The City shall provide any person, corporation, firm, partnership, association, or other person or entity applying or competing for any benefit enumerated in Section 2202(a) with written notice of the provisions of this Article and the future limitations it imposes. Said notice shall be incorporated into requests for “proposal,” bid invitations, or other existing informational disclosure documents to persons engaged in prospective business with, from, or through the City.
(a)
In addition to all other penalties and remedies which might apply, any knowing and willful violation of this Article by a public official or a person or entity receiving a public benefit as defined in Section 2202(b) constitutes a criminal misdemeanor offense.
(b)
A
civil action may be brought against any person who violates this Article.
A finding of liability shall subject the violator to one or more of
the following civil remedies:
(1)
restitution of the personal or campaign advantage received, which
shall accrue to the general fund of the City;
(2)
a civil penalty of up to five times the value of the personal or
campaign advantage received;
(3)
injunctive relief necessary to prevent present and future violations
of this Article;
(4)
disqualification from future public office or position within the
jurisdiction, if violations are willful, egregious, or repeated.
(c)
A
civil action under subdivision (b) of this section may be brought
by any resident of the City. In the event that such an action is brought
by a resident of the City and the petitioner prevails, the respondent
public official shall pay reasonable attorney’s fees and costs
to the prevailing petitioner. Civil penalties collected in such a
prosecution shall accrue 10% to the petitioner, and 90% to the City’s
general fund.
(d)
When
the City Attorney receives a complaint containing a violation of this
Article from any person or entity, the City Attorney must promptly,
for the purposes of assessment and prosecution, either:
(Amended by General Municipal Election, November 8, 2016, certified by Res. No. 10978CCS)
If any provision of this Article is held invalid, such invalidity
or unconstitutionality shall not affect other provisions or applications
which can be given effect without the invalidated provision, and to
this end the provisions of this Article are severable.
