For purposes of this chapter, the following terms shall have
the meanings specified:
Boards and commissions.
The terms "boards and commissions" and "boards or commissions"
includes all appointed boards or commissions under the Glendale Charter,
Title 2 of the Glendale Municipal Code, 1995, and any other board,
commission or committee where the members are appointed by the city
council.
Official.
The term "official" or "officials" shall include the members
of the city council and members of all boards and commissions as set
forth in the Charter, Title 2 of the Glendale Municipal Code, 1995,
or any other board, commission or committee where the members are
appointed by the city council.
Private advantage/benefit/gain, etc.
As used in this section, the terms "private advantage," "private
benefit," "private gain," or "economic gain" mean any personal advantage,
benefit or economic gain, distinct from that enjoyed by members of
the public without regard to official status or not resulting naturally
from lawful and proper performance of duties.
(Ord. 5219, 1999)
It is improper for any former official to appear as a compensated
representative at any time before the city council or any board or
commission, of which they were formerly a member, in connection with
any case or other matter in which such former official was duly connected
in a policy-making capacity while an official with the city, for six
months following the termination, resignation or expiration of the
term of the official. Such official may be released from the obligation
imposed by the provisions of this section upon the submission of a
written request to the city council in advance of his or her proposed
appearance and a certification that while an official of the city,
took no action or obtained no information which would prejudice his
or her conduct or presentation, either at the time he or she was an
official or at the time of the presentation.
(Ord. 5971 § 4, 2021)
In enacting Sections
2.83.060 through and including 2.83.090, council finds that the solicitation of funds by elected officials who use their official position or official title is more than just a subtle means of compelling an individual or entity to provide funds to a non-profit or for-profit entity favored by an elected official. Using an official position or title to "force donations" to non-profits or other entities violates state and federal laws that prohibit extortion and deprives the public of its right to an official's honest services for the benefit of the community. Such use of an official title or position in a letter or electronic message seeking a solicitation of funds, property or services places the person or entity receiving the solicitation in the position of feeling pressured to respond with money, property or services, lest the individual perceives that any discretionary review of a project, permit, license or contract may receive positive or negative consideration by the elected official seeking the solicitation. In addition, in the same manner campaign contributions can cause a public perception that votes are being improperly influenced by monetary contributions, solicitation of funds, property or services for groups or entities carry with it the same perception that votes may be influenced through the response to such a solicitation. This perception undermines the credibility and integrity of the governmental process and fosters the public impression that there exists a pay-to-play quid pro quo through pressure applied to an individual or entity to provide funds, property or services to a non-profit or for-profit at the behest of an elected official. This, in turn may have a corrupting influence affecting the integrity of the governmental process and public confidence in local officials.
Prohibiting solicitation by elected officials of persons or
entities with city, successor agency (hereafter agency) or housing
authority (hereafter authority) contracts or applications pending
before the council, agency, authority or city clerk likewise will
restore public confidence in elected officials and reduce the appearance
of undue influence and the pay-to-play quid pro quo assertion which
occurs when an elected official seeks funds, property or services
from an individual or entity having a contract or application pending.
Finally, transparency necessitates that funds, property or services
made at the behest of an elected official be disclosed at a meaningful
threshold so the public has an opportunity to know who is giving large
contributions to non-profits or other entities at an elected official's
request. This legislation is necessary to reduce the perception that
decisions are influenced more by contributions made at the behest
of an elected official than the best interests of the people of the
city.
(Ord. 5971 § 5, 2021)
The definitions set forth herein shall govern the interpretation of Sections
2.83.080 and
2.83.090 of this chapter.
"Agency"
means the Glendale Successor Agency, the successor agency
to the Glendale Redevelopment Agency.
"Applicant seeking entitlement"
means any person, group or entity however constituted who
has filed an application or letter with the city, agency, authority
or city clerk or is an owner or lessee of property on whose behalf
an application or letter is filed, seeking approval of a permit, license,
conditional use permit, variance, architectural design (at any stage),
franchise, administrative exception, parking reduction, review of
plans, development agreement, exclusive negotiation agreement, owner
participation agreement, financial assistance for a proposed project,
or any other land use entitlement.
"Application is pending"
means an application or letter which is subject to review,
hearing or consideration by the city council, agency, authority or
the city clerk, and the application or letter seeking a permit, license,
conditional use permit, variance, architectural design (at any stage),
franchise, administrative exception, parking reduction, review of
plans, development agreement, exclusive negotiation agreement, owner
participation agreement, financial assistance for a proposed project,
or any other land use entitlement has been filed and either; (a) will
be set for review, hearing or otherwise considered by the city council,
successor agency, housing authority or city clerk as a matter of right,
or (b) has been formally appealed to the city council, successor agency
or housing authority.
"Authority"
means the Housing Authority of the city of Glendale.
"Contract"
means any agreement or contract including any amendment or
modification to an agreement or contract with the city, agency or
authority for (a) the rendition of personal services; (b) the furnishing
of any material, supplies or equipment; (c) the sale or lease of any
land or building; or (d) a grant, loan or loan guaranty.
"Council member"
means an individual who has been elected or appointed to,
and is serving on the city council as a member thereof. Sometimes
referred to as a member of council.
"Funds"
means money, cash, check, draft, warrant, notes, bonds, stock,
or securities, precious metals or jewels, including, but not limited
to, gold, diamonds and platinum.
"Made at the behest of"
means made under the control or at the direction of, in cooperation,
consultation, coordination, or concert with, at the request of, suggestion
of, or with the express prior consent of.
"Person"
means an individual, proprietorship, firm, corporation, partnership,
joint venture, association, limited liability entity, business trust,
company, labor organization or union, or any other organization or
group of persons acting in concert.
"Person who contracts with"
includes any party or prospective party to a contract, as
well as any member of that party's board of directors, its chairperson,
chief executive officer, chief administrative officer, chief operating
officer, or any person with an ownership interest of more than 10%
in the party.
"Property"
means any real or personal property, of whatever kind or
nature, including without limitation, precious metal or stones such
as silver, gold, platinum and diamonds, gift cards, gift certificates,
passes, or tickets which may be converted into the purchase of goods,
commodities or services, or provide admission to or use of a facility.
"Services"
means non-monetary labor or activity to be performed for
the benefit of another.
"Solicit" or "solicitation"
means a request of any kind or nature, whether oral or in
writing, for funds, property, or services. "Solicit" or "solicitation"
herein does not include a request for campaign contributions.
"Writing"
means any document, letter, message, solicitation, or request,
whether handwritten, printed, typed, or in electronic form, including,
but not limited to, electronic mail.
(Ord. 5971 § 6, 2021)
Any payment of funds or provision of property or services made
by an individual or entity (donor), or by an individual or entity
acting as an intermediary or agent of the donor where the funds, property
or services equal or exceed $1,000 and are made at the behest of a
council, agency or authority member, the city clerk or city treasurer,
shall be reported by the council, agency or authority member, city
clerk or city treasurer within 30 days following the date on which
the payment or value of goods and/or services equal or exceed $1,000
in the aggregate from the same donor and/or intermediary or agent
of the donor in the same calendar year in which they are made. The
report shall be made under penalty of perjury and shall be on a form
provided by the city attorney and filed with the city clerk and city
attorney. Any report made and filed hereunder shall be a public record.
(Ord. 5971 § 8, 2021)
A. In addition to any other penalty provided by law, violation of Sections
2.83.030 through and including 2.83.060 shall be a basis for disciplinary action of a board or commission member, including removal from the position to which he/she was appointed. Any elected official who violates any provision of Sections
2.83.030 through and including 2.83.060 may be subject to censure by the city council or other remedy permitted by law.
B. Any violation of Section
2.83.080 shall be a misdemeanor punishable as prescribed under section
1.20.010(A) of this code.
C. This chapter shall not be construed to create a cause of action or other remedy for damages against the city or any officer or employee. It is intended solely to provide a basis for disciplinary action, censure, or removal from office as permitted by law, or in the case of a violation of Section
2.83.080, prosecution as an additional remedy.
(Ord. 5219, 1999; Ord. 5632 § 5, 2008; Ord. 5971 § 8, 2021)
This chapter is intended as an addition to and supplement of
federal, state and local laws relating to the subject matter addressed
herein.
(Ord. 5219, 1999)
If any provision of this chapter, or the application thereof,
to any person or circumstances is held invalid, the validity of the
remainder of the chapter and the applicability of such provisions
to other persons and circumstances shall not be affected thereby.
(Ord. 5632, § 6, 11-25-2008)