As used in this chapter:
"Business before the city."
A person or entity has "business before the city" if within
twelve months of offering a gift to a city official or employee, the
person or entity: (i) has or will submit a bid or proposal to the
city to perform services or provide supplies or equipment; or (ii)
has or will submit an application to the city for a permit, license
or regulatory approval of any kind.
"City official"
means any elected or appointed official of the City of West
Hollywood.
"Gift"
means any bestowal of money or anything of value, or provision
of a discount or rebate, to any city official or employee for which
nothing of equal or greater value is exchanged, or which is not required
by law to be given, or which is given in appreciation of service rendered
or perceived rendered by a city official or employee in the course
and scope of his or her duties. "Gift" does not include: (i) any discount
or rebate made in the regular course of business and offered to the
general public without regard to official status; (ii) receipt of
something of value from those who do not have business before the
city; (iii) inheritances; (iv) plaques and trophies; and (v) campaign
contributions.
(Ord. 16-981 § 3, 2016)
No person or entity with business before the city shall make
and no city official or city employee shall accept a gift from any
such person unless the gift: (i) is edible and can be shared (such
as candy); (ii) can be displayed publicly in City Hall (such as flowers
or art) and is conveyed immediately upon receipt to the City Manager,
or designee, for such purpose; or (iii) is turned over immediately
upon receipt to the City Manager, or designee, and used as a raffle
prize, the proceeds of which shall be donated to charity or deposited
in the City's General Fund. Under no circumstances shall a city official
or employee accept a gift of cash from any person or entity with business
before the city.
Any city official or employee who is offered or receives a gift
shall advise the offeror of this policy and of the ultimate disposition
of the proffered gift, and shall provide the offeror an opportunity
to withdraw or reclaim the gift.
Nothing herein shall prohibit a gift or donation to the city
in furtherance of its governmental purposes.
(Ord. 16-981 § 3, 2016)
Payments made principally for legislative, governmental, or
charitable purposes that are made at the behest of a city official
as defined in California
Government Code Sections 82004.5 and 84224
and the Fair Political Practices Commission (FPPC) Regulation 18215.3,
shall be reported within thirty days following the date on which the
payment or payments equal or exceed $1,000 in the aggregate from the
same source in the same calendar year in which they are made. The
report shall be filed by the city official with the City Clerk. The
report shall contain the following information: name of payor, address
of payor, amount of the payment, date or dates the payment or payments
were made, the name and address of the payee, a brief description
of the goods or services provided or purchased, if any, and a description
of the specific purpose or event for which the payment or payments
were made.
(Ord. 16-993 § 1, 2016; Ord. 21-1142 § 4, 2021)