Beverly Hills Municipal Code Art. 2 Restrictions Pertaining to Former Elected Officials, Former Planning…

In order to make the City of Beverly Hills a better community, built on mutual respect and trust, and in order to promote and maintain the highest standards of personal and professional conduct among all involved in City government, and in order to avoid any appearance of undue influence on City officials and elected officials in making governmental actions and decisions, the City Council finds it desirable to impose reasonable restrictions on the ability of former city officials, elected officials and planning commissioners to influence the city, or its officers and employees. (Ord. 06-O-2507, eff. 11-17-2006)

The following words and phrases shall have the following meanings for purposes of this article, unless otherwise indicated:

ADMINISTRATIVE OR LEGISLATIVE ACTION: The proposal, drafting, introduction, development, consideration, amendment, enactment, or defeat by the city, the city council, or any commission, committee, or subcommittee of the city of any ordinance, amendment, resolution, report, initiative or other matter, including any rule, regulation, or other action in any regulatory proceeding, whether legislative, administrative, quasi-legislative or quasi-judicial. Administrative action does not include any action that is solely ministerial.

CITY OFFICIAL: Every officer or employee of the city who is required to file a statement of economic interests pursuant to the city's conflict of interest code, except that "city official" shall not include any member of the city council or a member of a city commission, committee or subcommittee.

COMMISSION AND COMMITTEE: Any body created by the city council as set forth in title 2, chapter 2 and title 10, chapter 1 of this code.

COMMUNICATION TO THE CITY: For purposes of section 1-9-203 of this chapter shall mean any formal or informal appearance before, or the making of any oral or written communication to, the city, the city council or any member thereof, or any commission, committee, subcommittee of the city or member thereof, or any other officer or employee of the city, if the appearance or communication is made for the purpose of influencing a land use matter.

ELECTED OFFICIAL: Any person elected or appointed to hold an elected office of the city.

LAND USE MATTER: For purposes of section 1-9-203 of this chapter shall mean those matters for which an application has been submitted to the city for administrative or legislative action pursuant to the provisions set forth in title 10 of this code such as, but not limited to, a general plan amendment, specific plan, conditional use permit, variance or a planned development.

PLANNING COMMISSIONER: Each member of the Beverly Hills planning commission.

VOTED UPON BY THE ELECTED OFFICIAL: For purposes of section 1-9-203 of this chapter shall refer to a land use matter on which the city council has taken action at a formal meeting during the elected official's term of office, unless the elected official was absent from all meetings at which the land use matter was considered. (Ord. 07-O-2535, eff. 12-14-2007)

A. Revolving Door Prohibition:

1. No former city official, elected official or planning commissioner shall represent, for compensation, any other person, by making any formal or informal appearance before, or by making any oral or written communication to, the city, the city council or any member thereof, or any commission, committee, subcommittee of the city or member thereof, or any other officer or employee of the city, 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; provided, however, that such prohibition shall only be applicable for the following time periods after leaving city office or employment:

a. For city officials who leave office or employment prior to October 1, 2016, for a period of two (2) years after leaving city office or employment;

b. For elected officials who leave office prior to October 1, 2016, for a period of thirty (30) months after leaving city office;

c. For city officials and elected officials who leave office or employment on or after October 1, 2016, for a period of four (4) years after leaving city office or employment;

d. For planning commissioners who are appointed prior to October 1, 2016, for a period of thirty (30) months after leaving city office.

e. For planning commissioners who are appointed or reappointed on or after October 1, 2016, for a period of four (4) years after leaving city office.

B. Representation By Former Elected Official: No former elected official shall represent, for compensation, any person or entity, by making any communication to the city, if the communication is related to a land use matter which was voted upon by the elected official during his or her term of office.

C. Acceptance Of Gifts From Applicant: Elected officials and city officials who participate in a decision to approve a land use matter, shall be prohibited for a period of thirty (30) months from the date of any decision to approve a land use matter made prior to October 1, 2016, or for a period of four (4) years from the date of any decision to approve a land use matter made after October 1, 2016, from receiving from the applicant anything of value that exceeds five hundred dollars ($500.00), including, without limitation, any gift, payment of money, or other compensation that exceeds five hundred dollars ($500.00). Planning commissioners appointed prior to October 1, 2016, who participate in a decision to approve a land use matter, shall be prohibited for a period of thirty (30) months from the date of any decision to approve a land use matter, or for a period of four (4) years from the date of any decision to approve a land use matter for planning commissioners appointed or reappointed on or after October 1, 2016, from receiving from the applicant anything of value that exceeds five hundred dollars ($500.00), including, without limitation, any gift, payment of money, or other compensation that exceeds five hundred dollars ($500.00). This prohibition shall continue in effect after the elected official, city official or planning commissioner leaves office for the applicable period. For the purposes of this prohibition, the "applicant" shall include partners, majority shareholders, and officers of the applicant, as well as any other person who provides anything of value to the elected official, city official or planning commissioner on behalf of the applicant. If the applicant is making an application as an agent of a principal, then for the purposes of this subsection the applicant shall be considered the principal, not the agent. (Ord. 16-O-2707, eff. 9-30-2016)

No former elected official shall accept any position of employment or management for compensation, or act as a director or officer for compensation of any organization or entity which: a) receives more than fifty percent (50%) of its funding from the city, as determined by the city; or b) has fifty percent (50%) or more of its board members, officers or directors appointed by the city council; provided, however, that such prohibition shall only be applicable for the following time periods after leaving city office:

A. For elected officials who leave office prior to October 1, 2016, for a period of two (2) years after leaving city office; or

B. For elected officials who leave office on or after October 1, 2016, for a period of four (4) years after leaving city office. (Ord. 16-O-2707, eff. 9-30-2016)

The prohibitions in this article shall not apply to the following:

A. Appearances or communications by former city officials, elected officials or planning commissioners representing their personal interests, such as, but not limited to, an appearance before a city commission or committee concerning development of their home.

B. Appearances or communications by former city officials, elected officials or planning commissioners at the request of, or on behalf of any government entity or public agency, including the city of Beverly Hills.

C. Appearances or communications by former city officials, elected officials or planning commissioners who are engaged in such activity without compensation.

D. Any former city official, elected official or planning commissioners whose only activity is submitting a bid on a competitively bid contract, who submits a written or oral response to a request for more information, or who participates in an oral interview process. This exemption shall not apply to any person who attempts to influence the actions of any city official or elected official with regard to any such contract outside an interview or public meeting. (Ord. 07-O-2535, eff. 12-14-2007)

A. If a former city official, elected official or planning commissioner violates any provision of this article, such violation or violations shall be grounds for the city to disapprove any contract, approval, permit, or transaction that was related to any such violation.

B. A violation of this article shall not be a basis for invalidating any city decision. (Ord. 16-O-2707, eff. 9-30-2016)