Chapter 2-13
LOBBYING PROHIBITION
Sections:
2-13-103 Lobbying prohibition.
2-13-105 Inapplicable to later employment by City.
2-13-106 Violations and penalties.
2-13-101 Purpose.
The purposes of this chapter are:
(a) To assure that members of the public have confidence in the integrity of their City government.
(b) To assure the independence, impartiality, and integrity of City employees in making governmental decisions and taking governmental actions.
(c) To prevent such former employees from using their positions with the City for personal gain.
(d) To prevent parties from obtaining a perceived unfair advantage in dealing with the City by hiring former employees.
(e) To augment State law prohibitions on specified City officials lobbying for compensation after their City employment.
(Ord. 1296-CS, Added, 01/10/2022)
2-13-102 Definitions.
For the purposes of this chapter, terms shall have the following meanings:
“Administrative action” means the term as defined in Government Code Section 87406.3(d)(1) or any successor statute.
“Legislative action” means the term as defined in Government Code Section 87406.3(d)(2) or any successor statute.
(Ord. 1296-CS, Added, 01/10/2022)
2-13-103 Lobbying prohibition.
A City elected official, any person appointed to the City Council, the City Manager, the Deputy or Assistant City Manager, the City Attorney, the City Clerk, any department director, any department deputy or assistant director, the City Engineer, and the City Chief Building Official shall not, for a period of two (2) years after leaving that office or employment, act as agent or attorney for, or otherwise represent, for compensation, any other person, by making any formal or informal appearance before, or by making any oral or written communication to, that local government agency, or any committee, subcommittee, or present member of that local government agency, or any officer or employee of the local government agency, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property.
(Ord. 1296-CS, Added, 01/10/2022)
2-13-104 Effect on State law.
The provisions of this chapter are intended to augment the provisions of State law as allowed under Government Code Section 87406.3(c) that allows more restrictive City provisions than those established by State law. The provisions of Government Code Section 87406.3 or any successor statute that are unaffected by this chapter remain in full force and effect and shall be used in the application of this chapter.
(Ord. 1296-CS, Added, 01/10/2022)
2-13-105 Inapplicable to later employment by City.
The provisions of this chapter are inapplicable to any future employment by the City of the persons listed in TMC 2-13-103 after they have held the positions listed in that section.
(Ord. 1296-CS, Added, 01/10/2022)
2-13-106 Violations and penalties.
In addition to any other penalty provided by law, including without limitation Title 9 of the Government Code, any person violating any of such provisions or failing to comply with any of such requirements of this chapter shall be guilty of a misdemeanor and subject to a fine and imprisonment as allowed in Chapter 1-2 TMC. In addition, the City shall be entitled to recover from any person covered by this chapter the monetary value of any compensation or thing of value provided to such person in violation of the provisions of this chapter.
(Ord. 1296-CS, Added, 01/10/2022)
2-13-107 Enforcement.
This chapter may be enforced as follows:
(a) Any person may file a complaint with the City Clerk alleging a violation of this chapter.
(b) The City Attorney may conduct inquiries or investigate complaints of violations of this chapter. The City Attorney may prosecute violations of this chapter or seek judicial or injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this chapter.
(c) The City Attorney may put persons on notice of a potential violation of this chapter, whether or not a complaint is filed with the City Clerk.
(d) The City may contract with the State Fair Political Practices Commission to enforce this chapter in accordance with Government Code Section 83123.6.
(Ord. 1296-CS, Added, 01/10/2022)