Scotts Valley Municipal Code Ch. 2.64 Prohibition of Gifts

A. No officer or designated employee of the city, the redevelopment agency or the public financing authority shall accept any gift, directly or indirectly, from any person who is subject to the decision-making or recommending authority of such officer or employee, except as specifically provided in this section.

B. "Person subject to the decision-making or recommending authority" means any individual, firm or entity whose interest or whose employer's or client's interest:

1. Has been materially affected by the work of such officer or employee within one year prior to the time the gift is given; or

2. In the near future could reasonably be foreseen to be materially affected by the work of such officer or employee.

(Ord. 152 § 1 (part), 1992)

"Gift" means a voluntary transfer of any thing, service, payment or value to the extent that legal consideration of equal or greater value is not received.

A. As used in this chapter, the term "gift" includes:

1. Any rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status, or unless the rebate or discount is made available to all officers and employees of the city, the redevelopment agency and the public finance authority on an equal basis;

2. An officer's or employee's community property interest, if any, in a gift received by that individual's spouse; and

3. The provision of travel, including transportation, accommodations and food, except as expressly permitted pursuant to Section 2.64.030.

B. As used in this chapter, the term "gift" does not include:

1. Campaign contributions which otherwise comply with the California Political Reform Act (Gov. Code, § 81000 et seq.) which are required to be reported under Chapter 4 of that Act as amended; and

2. Any devise or inheritance.

(Ord. 152 § 1 (part), 1992)

This chapter does not prohibit those gifts which strictly fall within the exceptions enumerated herein:

A. Gifts Less Than Fifty Dollars. Gifts which have a value of no more than fifty dollars, as long as the total value of all such gifts received from any one donor does not exceed fifty dollars in any calendar year;

B. Informational Material. Informational material such as books, reports, pamphlets, calendars, or periodicals or reimbursement for any such expenses including the provision of educational trips including transportation, accommodations and food;

C. Hospitality. Gifts of hospitality involving food, beverages or lodging provided to any officer or designated employee by an individual in such individual's primary residence;

D. Reciprocal Gifts. Gifts exchanged between any officer or designated employee and an individual other than a local governmental lobbyist on holidays, birthdays, or similar occasions. This exception shall not apply to the extent that the gift received by the officer or designated employee exceeds in value gifts that he or she has given to the donor;

E. Meals and Beverages. Meals and beverages provided to an officer or employee in a business or a social setting;

F. Honoraria and Awards. Honorarium and awards. As used in this chapter, "honorarium" means a payment or gift for speaking at an event, participating in a panel or seminar, or engaging in any similar activity;

G. Panels and Seminars. Free admission, food, beverages, and similar nominal benefits provided to an officer or employee at an event at which the officer or employee speaks, participates in a panel or seminar or performs a similar service, and reimbursement or advance for actual travel or for necessary accommodations provided directly in connection with such event;

H. Admission Given by Sponsor of an Event. Admission to ceremonial, political, civic, cultural or community functions provided by a sponsor of the event;

I. Employment Interview. Transportation, accommodations, food and directly related expenses, advanced or reimbursed in connection with an employment interview;

J. Authorized Travel. Transportation, accommodations, food and directly related expenses for any officer or designated employee which has been authorized by a majority of the council or agency board or which is pursuant to a written city or agency policy for intrastate or interstate travel regardless of the source of payment;

K. City or Agency Business. Transportation provided to an officer or designated employee by a contractor or other person doing business with the city or redevelopment agency, provided that such transportation is related to city or agency business which is within the scope of employment or the duties of such officer or designated employee. Nothing in this subsection shall be interpreted to limit the council's or agency board's discretion to approve travel under subsection J above;

L. Flowers. Flowers, candy, plants or balloons which are given on ceremonial occasions, to express condolences or congratulations, or to commemorate special occasions; and

M. Prizes. A prize awarded on the basis of chance.

(Ord. 152 § 1 (part), 1992)

A gift shall be deemed to have been accepted except where:

A. It is not used, and, within thirty days after receipt, is returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes;

B. It is treated as and remains the property of the city or agency; and

C. It is received by an officer or designated employee in his or her official capacity or as a representative of the city or agency, is reported to the city council or agency board, and the council or board approves the retention.

(Ord. 152 § 1 (part), 1992)

A. At the time of filing the annual disclosure statement required by the Political Reform Act or any applicable conflict-of-interest code, each city and redevelopment agency officer and designated employee shall file a family gift report on a form to be provided by the city clerk.

B. The officer or designated employee shall indicate on such report any gifts known to have been accepted during the relevant reporting period by such officer's, designated employee's or employee's spouse or any dependent child where such gifts would have been prohibited to the officer or designated employee. The value of any such gift and the donor must be disclosed. If the officer or designated employee has no knowledge of any such gift having been received, the report shall so state.

(Ord. 152 § 1 (part), 1992)

A. Other Enforcement Sections Inapplicable. Enforcement of this chapter shall not be governed by Section 1.08.010 of this code, unless such violation constitutes a separate violation of another section or provision of this code or of another applicable provision of law.

B. Civil Penalties.

1. Any violation of this chapter by an officer or employee of the city or redevelopment agency may be deemed a failure to perform the duties under, or to observe the rules and regulations of the department, office, board or commission of such officer or employee within the meaning of the civil service ordinances and other rules and regulations of the city or agency.

2. Additionally, this chapter may be enforced in a civil action brought against any officer or employee who has violated any provision hereof by the city attorney or by an individual appointed by the city attorney to bring such action in the public interest. The damages in such civil action shall be five thousand dollars or the value of any gift given or services rendered or received in violation of this chapter, whichever is greater. Any such damages recovered in said civil action shall be paid into the city's general fund.

3. Any person other than a defendant in a criminal action, who claims that a payment or something of value received is not a gift by reason of consideration given, has the burden of proving that the consideration given is of equal or greater value than that received.

(Ord. 152 § 1 (part), 1992)