Eastvale Municipal Code Ch. 2.36 Ethics in City Government Act

This chapter shall be known as and may be cited as "the Ethics in Government Act." The legislative intent of the city council in enacting the ordinance codified in 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 § 1021.5 should be applicable to private enforcement of this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

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.

(1) The term "administrative agency" means every city office, department, division, agency, bureau, board and commission.

(2) The term "administrative agency" 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.

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

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. No. 2011-04, §§ 1, 2, 1-26-2011)

No member of the city council, agency head, department head, agency director, assistant agency head, assistant department head, assistant agency director, or city librarian shall for compensation represent, for a period of one year after leaving city office or employment, any person other than the city before any administrative agency, officer or employee thereof, for the purpose of influencing an administrative, legislative or quasi-judicial action or proceeding.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The prohibitions contained in section 2.36.030 shall not apply to the following:

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

(2) 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:

a. The designated former official or employee has outstanding and otherwise unavailable qualifications;

b. The designated former official or employee is acting with respect to a particular matter which requires such qualifications; and

c. The public interest would be served by the participation of the designated former official or employee.

(3) 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 is employed or serves in that capacity.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Upon the petition of any interested person or party or resident of the city, the court, administrative agency, or hearing officer serving in an administrative capacity for the city, 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. No. 2011-04, §§ 1, 2, 1-26-2011)

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 $1,000.00 and/or by imprisonment for a period not to exceed one year.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) In addition to the relief provided in sections 2.36.050 and 2.36.060, any interested person or party or resident of the city may initiate a civil action to prevent violation of this chapter and to enforce this chapter.

(b) 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:

(1) $1,000.00 for a first violation; and

(2) $10,000.00 for a second or additional violation.

Such civil fines shall be payable to the city treasurer.

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

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

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 said ordinance shall thereafter be covered hereby.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)