Oakland Municipal Code Art. VI Enforcement

A. Any person who violates this Act is subject to criminal, civil and administrative penalties under this section.

1. No civil or administrative action alleging a violation of this Act may be commenced more than five (5) years after the date of the violation. No criminal prosecution alleging a violation of this Act may be commenced more than four (4) years after the date of the violation.

2. Commencement of an administrative action is the date the Commission sends written notification to the respondent of the allegation pursuant to the Commission's Complaint Procedures.

3. The date of the violation means the earliest date when the complainant or the Commission has, or reasonably should have, knowledge of the violation and its cause, and a suspicion of wrongdoing. Suspicion shall be determined from an objective standpoint of what is reasonable for the complainant or Commission to know or suspect under the facts of the situation.

B. Any person who knowingly or willfully misrepresents their eligibility for financing under this Act, makes a material misrepresentation in connection with a request for redemption of Democracy Dollars, or causes, aids or abets any other person do either of the former is guilty, of a misdemeanor.

1. No person convicted of a misdemeanor under this Act shall act as a lobbyist or as a City contractor for a period of four (4) years following the date of the conviction unless the court, as the time of sentencing, specifically determines that this provision shall not be applicable.

2. For purposes of this Section, a plea of nolo contendere shall be deemed a conviction.

C. Any person who violates this Act, causes another person to violate this Act, or aids and abets another person in violating this Act shall be liable for each violation of this Act, in a civil action brought by the Commission or the City Attorney for an amount up to five thousand dollars ($5,000.00) per violation, or up to three (3) times the amount at issue in the violation, including, but not limited to, the amount the person unlawfully transferred, received, contributed, expended, gave, used, misrepresented, or failed to return or report property, whichever is greater.

1. In assessing a civil penalty under this Section, a court may take into account the seriousness of the violation and the degree of culpability of the defendant.

2. If two (2) or more persons are responsible for a violation of this Act, they shall be jointly and severally liable.

3. A decision by the Commission to initiate a civil enforcement action under this Act requires an affirmative vote of at least five (5) of its members.

D. Any person who violates this Act, causes another person to violate this Act, or aids and abets another person in violating this Act shall be liable for each violation of this Act in an administrative proceeding before the Commission held pursuant to the Commission's complaint procedures. The Commission may impose administrative penalties in an amount up to five thousand dollars ($5,000.00) per violation, or up to three (3) times the amount at issue in the violation, including, but not limited to, the amount the person unlawfully transferred, received, contributed, expended, gave, used, misrepresented, or failed to return or report properly, whichever is greater. In addition to administrative penalties, the Commission may issue warnings or require other remedial measures.

1. For knowing and willful violations of this Act, the Commission shall impose administrative penalties in an amount of at least one thousand dollars ($1,000.00) per violation.

2. If two (2) or more persons are responsible for any violation, they shall be jointly and severally liable.

E. The Commission, City Attorney, or any individual residing within the City may sue for injunctive relief to enjoin violations or to compel compliance under this Act. Any person, other than the Commission or City Attorney, before filing a civil action under this subsection shall first file with the Commission and City Attorney a written request for the Commission and/or City Attorney to commence the action. The request shall contain a statement of the grounds for believing a cause of action exists. The Commission and City Attorney shall each respond in writing within ninety (90) days after receipt of the request indicating whether they intend to file an action for injunctive relief. If either indicates in the affirmative and files an action within sixty (60) days thereafter, no other action may be brought unless the action brought by the Commission or City Attorney is dismissed without prejudice. If the Commission needs additional time to determine whether to file an action or needs additional time to file the action, the Commission may, by resolution indicating evidence of good cause and notice thereof to the requestor, extend the ninety-day time period by another sixty (60) days. If both the Commission and City Attorney indicate they will not pursue the matter, or if neither entity files an action within the sixty-day period following their affirmative response to the requestor, the requestor may file suit for injunctive relief. No resident may bring an action under this subsection if the Commission commenced administrative action arising out of the same facts, resulting in either the imposition of or stipulation to remedial measures to prevent reoccurrence of the violation or compel compliance.

F. Any person who receives a financial benefit as a result of a violation of this Act by any person shall be liable for disgorging to the City's General fund up to the amount of the financial benefit received, including Democracy Dollars, as a result of the violation.

G. The Commission shall develop guidelines for imposing penalties and exercising enforcement discretion under this Act. In addition to civil and administrative penalties, the Commission may issue warnings or impose other remedial measures to enforce and oversee compliance with this Act.

(Res. No. 89316, § 2, 7-22-2022)