This chapter shall be known as the City of Claremont Taxpayer
Protection Amendment of 2000.
(3/6/01 Election)
A.
The
people of the City of Claremont ("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.
(3/6/01 Election)
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 receiving public benefits as defined in Section 2.56.030(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:
D.
As used
herein, the term public official includes any elected or appointed
public official acting in an official capacity.
(3/6/01 Election)
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 2.56.030(A) may receive a personal or campaign advantage as defined in Section 2.56.030(C) from a person as defined in Section 2.56.030(B) for a period beginning on the date the official approves or votes to approve the public benefit, and ending no later than:
1.
One
year 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.
One
year after the official's departure from his or her office whether
or not there is a pre-established term of office; or
3.
Five
years from the date the official approves or votes to approve the
public benefit; whichever is first.
B.
Section 2.56.040(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.
(3/6/01 Election)
A.
City public officials shall practice due diligence to ascertain whether or not a benefit defined under Section 2.56.030(A) has been conferred, and to monitor personal or campaign advantages enumerated under Section 2.56.030(C) so that any such qualifying advantage received is returned forthwith, and no later than ten days after its receipt.
(3/6/01 Election)
The City shall provide any person, corporation, firm, partnership, association, or other person or entity applying or competing for any benefit enumerated in Section 2.56.030(A) with written notice of the provisions of this chapter 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.
(3/6/01 Election)
A.
In addition
to all other penalties which might apply, any knowing and willful
violation of this chapter by a public official constitutes a criminal
misdemeanor offense.
B.
A civil action may be brought under this chapter against a public official who receives a personal or campaign advantage in violation of Section 2.56.040. A finding of liability shall subject the public official to 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
chapter;
4.
Disqualification
from future public office or position within the jurisdiction, if
violations are willful, egregious, or repeated.
C.
A civil action under subsection 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.
(3/6/01 Election)
If any provision of this chapter 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 chapter are severable.
(3/6/01 Election)
