Coachella Municipal Code Ch. 2.64 Code of Ethics

This chapter shall be known as and may be cited as "Code of Ethics Act." The legislative intent of the city council in enacting this chapter is to protect the city and public from the potential conflict of interest and harm which may occur when former officials and employees use their former city positions or take with them information which is not readily available to or accessible by the public or press upon leaving city government and thereafter attempt to use such information or influence for private economic advantage or gain. It is the declared intent of the city council that the provisions of Code of Civil Procedure Section 1021.5 should be applicable to private enforcement of this chapter.

(Ord. 967 § 1, 2007)

The proper operation of municipal government requires that public officials and employees be independent, impartial and responsible to the people, that governmental decisions and policy be made in the proper channels of the governmental structure, and that public office is not used for personal gain.

(Ord. 967 § 2, 2007)

Unless the contrary is stated or is clearly apparent from the context, the definitions set forth in this section shall govern the interpretation of this chapter.

"Administrative agency" means every city office, department, division, agency, board and commission, but does not include the courts or any agency in the judicial branch of government.

"Administrative, legislative, quasi-judicial or other proceeding" means any proceeding, application, request for approval, ruling, enactment, amendment or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter involving a specific party or parties in any administrative agency action or proceeding and includes, but is not limited to, administrative adjudicatory proceedings, or proceedings involving the issuance, amendment, awarding or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property.

"Employee" means every employee of the city, including, without limitation, exempt employees, classified and contract employees.

"Person" means an individual, partnership, limited partnership, trust, estate, association, corporation, or other entity.

"Public official" or "official" means every member, officer or consultant of the city, including, without limitations, all elective officials of the city and the members of all official boards, commissions and committees of the city.

"Represent" means to make a formal or informal appearance, communicate either orally or in writing, act as an agent or attorney for, advise, aid, counsel, consult or assist in representation of any person.

(Ord. 967 § 3, 2007)

Public officials and employees are bound to uphold the Constitution of the United States and the Constitution of the state of California and to carry out the laws of the nation, state and municipality. Public officials and employees are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their official regardless of personal consideration, recognizing that conduct in both their official and private affairs should be above reproach.

(Ord. 967 § 4, 2007)

Public officials and employees should not exceed their authority or breach the law or ask others to do so and they should work in full cooperation with other public officials and employees unless prohibited from so doing by law or officially recognized confidentiality of their work.

(Ord. 967 § 5, 2007)

Preferential consideration of the request or petition of any individual citizen or group of citizens shall not be given. No person shall receive special advantages beyond that which are available to any other citizen.

(Ord. 967 § 6, 2007)

No official or employee shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available for the public generally or are provided as municipal policy for the use of such official or employee in the conduct of official business. No public official or employee shall use the time of any city employee during working hours for personal convenience or profit.

(Ord. 967 § 7, 2007)

No public official or employee in the course of his or her official duties shall grant any special consideration, treatment or adventure to any citizen beyond that which is available to every other citizen in the same circumstances.

(Ord. 967 § 8, 2007)

A. Conflict with proper discharge of duties—No public official or employee, while serving as such, shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity, or incur any obligation of any nature which is in substantial conflict with the proper discharge of his or her duties in the public interest and of his or her responsibilities as prescribed by the Constitution and laws of the state of California and the ordinances and resolutions of the city.

B. Incompatible Employment or Financial Interests.

1. No public official or employee shall accept other employment which he or she has reason to believe will either impair his or her independence of judgment as to his or her official duties or require or induce him or her to disclose confidential information acquired in the course of and by reason of his or her official duties.

2. No public official or employee shall acquire any financial interest in or accept any employment concerning any project which has been the subject of a discretionary approval by the city or any commission, board, department, or employee if such public official or employee participated in any manner in considering or recommending the approval or disapproval of such project and if such employee has reason to believe that interest will either impair his or her independence of judgment as to his or her official duties or require or induce him or her to disclose confidential information acquired or induce him or her to disclose confidential information acquired in the course of and by reason of his or her official duties.

C. Future Employment.

1. No official or employee subject to this chapter shall make, participate in making, or use his or her official position to influence any city government decision directly related to any person with whom he or she is negotiating or has any arrangement concerning prospective employment.

2. No former official or employee shall, for a period of one year after termination of city service or employment, be employed by or otherwise receive compensation from a person or entity that negotiated or entered in a contract with the city within twelve (12) months prior to the officer or employee personally and substantially participated in making decisions related to the negotiations or the award of the contract.

3. No public official or employee shall acquire any financial interest in or accept any employment concerning any project which has been or will be the subject of a discretionary approval by the city or any commission, board, department, or employee thereof within two years previous to such interest or employment if such public official or employee participated in any manner in considering or recommending the approval or disapproval of such project.

D. Disclosure of Confidential Information. No public official or employee shall willfully and knowingly disclose for pecuniary gain to any other person confidential information acquired by him or her in the course of and by reason of his or her official duties nor shall any public official or employee use any such information for the purpose of pecuniary gain.

(Ord. 967 § 9, 2007)

Public officials and employees shall comply with applicable provisions of state law relating to conflicts of interest and generally regulating the conduct of public officials and employees.

(Ord. 967 § 10, 2007)

This code shall be deemed to set forth the minimum ethical standards to be followed by all officials and employees.

(Ord. 967 § 11, 2007)

No city elected or appointed official or employee shall for compensation represent, for a period of one year after leaving city office or employment, any person other than the city of Coachella before any administrative agency, officer or employee thereof, for the purpose of influencing an administrative, legislative or quasi-judicial action or proceeding.

(Ord. 967 § 12, 2007)

The prohibitions contained in Section 2.64.120 of this chapter shall not apply:

A. To prevent any former official or employee designated therein from making or providing a statement, which is based on his or her special knowledge in the particular area that is the subject of the statement, provided that no compensation is thereby received other than that regularly provided for by law or regulation for witnesses; or

B. To prevent any former official or employee designated therein from communicating solely for the purpose of furnishing information if the administrative agency to which the communication is directed, makes findings in writing that (1) the designated former official or employee has outstanding and otherwise unavailable qualifications; (2) the designated former official or employee is acting with respect to a particular matter which requires such qualifications; and (3) the public interest would be served by the participation of the designated former official or employee; or

C. To any former official or employee designated therein who has left city employment or service for other government employment or service as long as he or she is employed or serves in that capacity.

(Ord. 967 § 13, 2007)

Upon the petition of any interested person or party or resident of the city of Coachella, the court, administrative agency, or hearing officer serving in an administrative capacity for the county, in any judicial, quasi-judicial administrative, legislative or other proceeding may, after notice and an opportunity for a hearing, exclude any person found to be in violation of this chapter from further participation, or from assisting or counseling any other participant in the proceeding.

(Ord. 967 § 14, 2007)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, the penalty shall be a fine of not more than one thousand dollars ($1,000.00) and/or by imprisonment for a period not to exceed one year.

(Ord. 967 § 15, 2007)

In addition to the relief provided in Sections 2.64.140 and 2.64.150 hereof, any interested person or party or resident of the city of Coachella may initiate a civil action to prevent violation of this chapter and to enforce this chapter.

If a person in such civil action is found to be in violation of this chapter, such person shall be required by the court to pay any compensation received back to the payor and shall also pay a civil fine in an amount not to exceed one thousand dollars ($1,000.00) for a first violation and in an amount not to exceed ten thousand dollars ($10,000.00) for a second or additional violation. Such civil fines shall be payable to the city of Coachella.

Any person initiating civil action pursuant to this section shall file a copy of the complaint with the city clerk of the city of Coachella within the ten (10) calendar days of filing with the court.

(Ord. 967 § 16, 2007)

The requirements imposed by this chapter shall not apply to any person who left city service prior to the effective date of the ordinance codified in this chapter except that any such person who returns to the city service on or after the effective date of the ordinance codified in this chapter shall thereafter be covered hereby.

(Ord. 967 § 17, 2007)