A.
The
proper operation of local government requires that elected and appointed
officials be independent, impartial and responsible to the people;
that public office not be used for personal gain; and that the public
have confidence in the integrity of its government. In recognition
of these goals, there is hereby established a code of ethics and conduct
for all elected and appointed officials whether paid or unpaid. The
purpose of this chapter is to establish ethical standards of conduct
for all such officials by setting forth guidelines and those acts
or actions that are incompatible with the best interests of the city.
B.
Public
officials are bound to observe in their official acts the highest
standards of performance and to discharge faithfully the duties of
their office regardless of personal considerations. Recognizing that
the public interest must be their primary concern, their conduct in
both their official and private affairs should be beyond reproach.
The provisions of this chapter are hereby declared to be in the best
interest of the city and for the protection of the public health,
safety and welfare of its citizens.
(Ord. 5219, 1999)
For purposes of this chapter, the following terms shall have
the meanings specified:
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.
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.
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)
A.
No official
shall solicit or accept or promise to accept employment as a compensated
representative of any person or entity which actually has a matter
pending before the city council (if the official is a councilmember),
or any board or commission (if the official is a member of a board
or commission which has jurisdiction over a matter). This section
applies only to the actual solicitation, acceptance or promise of
acceptance of employment at the time the matter is pending before
the council or any board or the time the matter is pending before
the council or any board or commission. This section shall not apply
to any activity wherein an official has accepted employment with an
individual or entity prior to the matter for which the official has
accepted employment is accepted for filing or appealed to, the city
council or board or commission of which the official is a member.
Example: A member of the planning commission should not solicit, accept
or promise to accept employment with an applicant for a parcel map
after the matter has been filed for review by the planning division.
However, the member may accept employment prior to the application
being submitted to the planning division
B.
A written
agreement to retain a council member, member of a board or commission
or their firm or company, which agreement is executed by all parties
prior to the matter being accepted for filing or appealed to, the
city council or board or commission of which the official is a member
shall create a rebuttable presumption that the matter was accepted
prior to the filing of an application or appeal.
(Ord. 5971 § 2, 2021)
A.
No official
of the city shall use or threaten to use any official authority or
influence to discourage, restrain or interfere with any person for
the purpose of or preventing such person from acting in good faith
to report or otherwise bring to the attention of the city or other
appropriate agency, office or department, any information which, if
true, would constitute a gross waste of city funds, gross abuse of
authority, a specified and substantial danger to public health or
safety due to an act or omission of an official, or use of a city
office or position or of city resources for personal gain.
B.
No official of the city shall use or threaten to use any official authority or influence to affect or a reprisal against a city official, employee, or any other person who reports or otherwise brings to the attention of the city or other appropriate agency any information regarding the subjects set forth in subsection A, above.
(Ord. 5971 § 3, 2021)
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.
means the Glendale Successor Agency, the successor agency
to the Glendale Redevelopment Agency.
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.
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.
means the Housing Authority of the city of Glendale.
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.
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.
means money, cash, check, draft, warrant, notes, bonds, stock,
or securities, precious metals or jewels, including, but not limited
to, gold, diamonds and platinum.
means spouse and dependent children.
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.
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.
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.
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.
means non-monetary labor or activity to be performed for
the benefit of another.
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.
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)
A.
No member
of council, the agency or authority, or city clerk, or his or her
immediate family shall solicit funds, property or services, either
orally or in writing from an applicant seeking entitlement while such
application is pending before the city, agency, authority or city
clerk and for a period of 90 days after the last and final approval
by the city council, agency, authority or city clerk has been granted.
B.
No member
of council, agency or authority, the city clerk or city treasurer,
or his or her immediate family shall solicit funds, property or services,
either orally or in writing from any person who contracts with the
city, agency or authority where the agreement or contract has a total
anticipated or actual value of $25,000 or more, or a combination or
series of such agreements or contracts having a value of $25,000 or
more, in a fiscal year of the city.
C.
No member
of council, agency or authority, the city clerk or city treasurer
or his or her immediate family shall solicit funds, property or services,
either orally or in writing from an officer, employee or department
of the city, unless a majority of the city council has approved at
an open and public meeting such solicitation of funds, property or
services, and the solicitation thereof does not violate any other
provision of federal, state or local law.
D.
No member
of council, agency or authority, the city clerk or city treasurer,
or their immediate family shall, while a shareholder with 10% or more
of the shares of stock, or while on the board of directors, or as
the president, chief executive officer (CEO), chief administrative
officer (CAO) or chief operating officer (COO), of a non-profit or
for-profit entity, use the official title or designation "councilman,"
"council woman," "council person," "mayor," "elected official," "elected
officer," "city clerk," "city treasurer" or other variant of their
official elected or appointed status as a council, agency or authority
member or city clerk or city treasurer to sign a "writing" which solicits
funds, property or services for the non-profit or for-profit entity
on which the elected official sits as a member of the board of directors,
or as the president, CEO, CAO or COO, or as holder of 10% or more
of the shares of stock. The listing of the council, agency or authority
member, city clerk or city treasurer on a letterhead of a non-profit
or for-profit entity along with other names of other board members
or officers is not considered to be the signing of a "writing" soliciting
funds, so long as the names of all board members or officers are listed
and the name of the council, agency or authority member, city clerk
or city treasurer is not prominently featured by title in, for example,
a type style or size which is different than the style or size used
to list the names and titles of other board members or officers.
E.
The
limitations set forth in this section shall not apply to a solicitation
for campaign contributions.
(Ord. 5971 § 7, 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)
