City Council
Report
City Council Meeting: September 24, 2024
Agenda Item: 10.A
1 of 3
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and First Reading of an Ordinance Adding Santa Monica Municipal Code Section 2.32.291 Prohibiting Providing and Acceptance of Gifts by Councilmembers
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. Introduce for first reading an Ordinance to add Section 2.32.291 to the Santa Monica Municipal Code prohibiting offering and acceptance of gifts by Councilmembers.
Summary
At the September 10, 2024, meeting, Council approved direction following initial approval of an ordinance prohibiting City officials from accepting gratuities to also bring an ordinance prohibiting Councilmembers from accepting all gifts. The proposed ordinance will prohibit providing or acceptance of gifts, using State law definitions and exceptions, to Councilmembers.
Discussion
The proposed ordinance would prohibit providing to Councilmembers and prohibit Councilmembers from accepting gifts, using State law definitions and exceptions. State law currently regulates reporting gifts, but does not necessarily prohibit accepting gifts under a certain value.
For example, the following types of gifts would be prohibited:
2 of 3
1. Free or discounted meals, tickets or entry to events, or travel.
2. Discounts of any other type not also offered to the general public, such as merchandise, loans, services.
Exceptions to the definitions of gifts under State law would apply, for example:
1. Gifts from family members.
2. Exchanges of equal value.
3. Timely returning a gift or donating it to a non-profit.
4. Campaign contributions required to be reported under state or local law.
5. Any devise or inheritance.
6. Personalized plaques and trophies with an individual value of less than two hundred fifty dollars ($250).
7. Commemorative items from City departments generally offered to attendees at City sponsored events.
8. Meals, transportation, or lodging provided or paid for by the City in connection with attendance at City sponsored events.
9. Anything excluded from the definition of “gift” under the Political Reform Act, as memorialized in 2 C.C.R. Sec. 18942.
Each violation of the provisions of this Section shall constitute a misdemeanor.
Alternatively, a civil action may also be brought by the City or any interested party before any court of competent jurisdiction. In addition to all other remedies authorized by law, the court may impose a fine of up to five hundred dollars for each violation of this Chapter. Additionally, all gifts received in violation of this Section must be returned to the donor or the value of the gift fully reimbursed within 30 days of receipt.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the proposed action.
3 of 3
Prepared By: Douglas Sloan, City Attorney
Approved Forwarded to Council
Attachments:
A. ORD-CAO-Gifts 092424