Oakland Municipal Code Art. VI Enforcement and Penalties

Footnotes:

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Editor's note— Ord. No. 13764, § 2, adopted Nov. 7, 2023, amended the title of Art. VI to read as herein set out. The former Art. VI title pertained to enforcement.

A. Except as provided in Section 3.02.225, any person who violates this Act is subject to administrative proceedings before the Public Ethics Commission pursuant to the Public Ethics Commission's complaint procedures. The Public Ethics Commission shall not commence an administrative action alleging a violation of this Act more than four (4) years after the date of the alleged violation.

B. If the Public Ethics Commission finds a violation of this Act, the Public Ethics Commission may:

1. Find mitigating circumstances and take no further action;

2. Issue a public statement or reprimand; or

3. Impose an administrative penalty of up to one thousand dollars ($1,000.00) for each violation.

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

D. If any penalty imposed by the Public Ethics Commission is not timely paid, the Public Ethics Commission shall refer the debt to the appropriate City agency or department for collection.

(Ord. No. 13764, § 2, 11-7-2023; Res. No. 89316, § 5, 7-22-2022; Ord. 13469, § 1, 1-16-2018; Ord. 12782 § 3 (part), 2007; Ord. 12431 (part), 2002)

Editor's note— Ord. No. 13469, § 1, adopted January 16, 2018, changed the title of § 3.20.200 from "Procedure and enforcement" to "Administrative action."

A. Civil penalties shall be imposed by resolution of the Public Ethics Commission.

B. Except as otherwise specified in this Act, the Commission may impose penalties of up to one thousand dollars ($1,000.00) for each complaint sustained.

C. If any civil penalty imposed by the Public Ethics Commission is not timely paid, the Commission shall refer the debt to the appropriate city agency or department for collection.

(Res. No. 89316, § 5, 7-22-2022; Ord. 12782 § 3 (part), 2007; Ord. 12431 (part), 2002)

A. Any person who knowingly or willfully violates this Act is guilty of a misdemeanor.

B. The prosecution of any misdemeanor violation of this Act shall commence within four (4) years after the date on which the alleged violation occurred.

C. No person convicted of a misdemeanor violation of this Act may act as a local governmental lobbyist, render consultation or advice to any registered client, or otherwise attempt to influence a governmental action for compensation for one (1) year after such conviction.

(Res. No. 89316, § 5, 7-22-2022; Ord. 13469, § 1, 1-16-2018; Ord. 12782 § 3 (part), 2007)

A. If any lobbyist fails to submit any information required by this Chapter after any applicable deadline, the Public Ethics Commission shall, in addition to any other penalties or remedies established in this Chapter, impose a late filing fee of ten dollars ($10.00) per day after the deadline until the information is received by the Public Ethics Commission or the total amount of late fees reach one thousand dollars ($1,000.00). The late filing fee shall be imposed administratively by staff without requiring a vote of the Public Ethics Commission and is not subject to the Public Ethics Commission's complaint procedures.

B. The Executive Director of the Public Ethics Commission may reduce or waive a late filing fee under five hundred dollars ($500.00) if the Executive Director determines that the late filing was not willful and that enforcement will not further the purposes of this Chapter. The Executive Director shall report any reductions or waivers of the late filing fee at the next regular meeting of the Public Ethics Commission.

C. If any penalty imposed by the Public Ethics Commission is not timely paid, the Public Ethics Commission shall refer the debt to the appropriate City agency or department for collection.

(Ord. No. 13764, § 2, 11-7-2023)