City Council
Report
City Council Meeting: August 27, 2024
Agenda Item: 10.C
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction for First Reading of an Ordinance Adding Santa Monica Municipal Code Section 2.32.290 to Prohibit Acceptance of Gratuities by Public Officials
Recommended Action
Staff recommends that Council:
1. Adopt a finding of categorical exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Staff recommends that the City Council introduce for first reading an Ordinance to add Section 2.32.290 to the Santa Monica Municipal Code prohibiting the acceptance of gratuities by public officials.
Summary
The Council approved a 16 Item to direct the City Attorney to address the recent U.S.
Supreme Court decision Snyder v. United States, which, absent a clear ban on gratuities by a local jurisdiction, purports to allow city officials to accept gratuities. The proposed ordinance will prohibit acceptance of gratuities by public officials as a reward or token of appreciation for any official act performed by the public official.
Discussion
The decision in Snyder v. United States stated that providing state and local officials with tokens of appreciation for their official action, for example, gift cards, meals, event tickets, or cash payments, do not subject those officials to federal prosecution. At the same time, the Court reiterated that the decision does not affect the ability of state and 2 of 2
local governments to regulate gratuities. A gratuity differs from a bribe in that a gratuity is given after, rather than before, the official act.
The proposed ordinance will prohibit any City official from accepting or soliciting, directly or indirectly, anything of value from any person to whom the official has conferred a public benefit within the last twelve months, intended as a reward or token of appreciation for or because of an official act performed by the public official. Violations may be prosecuted as a misdemeanor, or by an administrative fine of up to $500 per violation.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the proposed action.
Prepared By: Katie Doerr, Deputy City Attorney III
Approved Forwarded to Council
Attachments:
A. ORD-CAO-ord-Gratuity
B. Written Comments