City Council
Report
City Council Meeting: January 28, 2025
Agenda Item: 5.S
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of a Resolution Adopting a Policy Regarding Acceptance of Gifts by Councilmembers
Recommended Action
Staff recommends the City Council adopt the Resolution adopting a policy regarding acceptance of gifts by Councilmembers.
Summary
In response to the request by Council, the City Attorney has prepared the attached Resolution placing limits on the acceptance of gifts by Councilmembers, with exceptions consistent with those found under State law.
Discussion
On December 17, 2024, Council asked the City Attorney to return with a rule prohibiting the acceptance of gifts greater than $100 per event or cumulative of the limit set by the Fair Political Practices Commission (FPPC) per year, with some exemptions.
The attached Resolution prohibits Councilmembers from accepting or soliciting gifts over $100 in a single instance, or $630 from a single source over 12 months (both numbers to be adjusted biennially in accordance with the FPPC limits). This Resolution contains the same exceptions to the definition of “gift” found in state law, including things such as inheritance, gifts from family members, campaign contributions reported under state or local law, and so forth. As under state law, if a Councilmember receives a gift they do not want, they can donate the gift to a nonprofit, or return the gift within 30 days.
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The Resolution also prohibits Councilmembers from accepting free meals over $20, except as would be provided to the public generally (such as a promotion or discount) or as part of an event at a conference where the Councilmember is representing the City in their official capacity and all participants receive similar treatment regardless of elected status or jurisdiction, such as free appetizers at a networking happy hour.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: Katie Doerr, Deputy City Attorney III
Approved Forwarded to Council
Attachments:
A. CAO-Gifts Reso