1 City Council Meeting January 28, 2025 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA MONICA ADOPTING A POLICY REGARDING ACCEPTANCE OF GIFTS BY
COUNCILMEMBERS
WHEREAS, in furtherance of its commitment to ethical government, the Council wishes to adopt a policy to reflect the modern legal landscape and maintain accountability in councilmember conduct, by establishing ethical standards and setting clear gift acceptance limits; and
WHEREAS, by adopting these reforms, the Council demonstrates its commitment to effective and ethical governance in service to the City and community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Gifts.
A. No Councilmember shall accept or solicit, directly or indirectly, any gift with a value exceeding the cumulative gift limit established by the Fair Political Practices Commission (as amended by the FPPC from time to time - currently $630 through December 31, 2026) from a single source in a twelve month period, or a value exceeding $100 for a single instance (adjusted in the same proportion as the FPPC gift limit). These limits shall increase in accordance with the Fair Political Practices Commission’s CPI adjustment beginning January 1, 2027, and shall be published for public view by the City Clerk. This Section shall be in addition to the provisions of Charter Section XXII, the Taxpayer Protection Act.
B. For purpose of this Resolution, “gift” means any payment, property or 2 service that confers a personal benefit on the recipient, to the extent consideration of equal or greater value is not received. “Gift” includes a 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.
C. The term “gift” does not include:
(1) Informational material such as books, reports, pamphlets, calendars or periodicals.
(2) Gifts from an individual’s spouse or former spouse, child or stepchild, parent, grandparent, grandchild, brother, sister, current or former parent-inlaw, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, grand-nephew or niece, grand-aunt or uncle, or first cousin or first cousin once removed, or the spouse or former spouse of any such person; provided a gift from any such person shall be considered a gift if the donor is acting as the agent or intermediary for any person not covered by this paragraph.
(3) Campaign contributions required to be reported under state or local law.
(4) Any devise or inheritance.
(5) Commemorative items from City departments generally offered to attendees at City sponsored events.
(6) Meals, transportation, or lodging provided or paid for by the City in connection with attendance at City sponsored events.
(7) Free admission to a ticketed event for the official and one guest where the official performs a ceremonial role at the event (such as throwing out the first pitch), or free admission, food and nominal items (pens, note pad, or similar 3 items) available to all attendees at an event where the official makes a speech, so long as the admission is provided by the person who organizes the event. (9) Personalized plaques or trophies valued at less than $250. (10) Anything excluded from the definition of “gift” under the Political Reform Act, as memorialized in 2 C.C.R. Sec. 18942.
D. If a Councilmember receives a gift in violation of this Section, the item may be returned to the donor, or the donor may be reimbursed for the value of the gift, within 30 days. Alternatively, the gift may be donated to a non-profit, tax-exempt (501(c)(3)) organization in which the Councilmember (or immediate family member) does not hold a position, within 30 days of receipt, without claiming a tax deduction.
E. In addition with complying with the terms of this Resolution, Councilmembers must comply with all gift reporting obligations under Political Reform Act.
SECTION 2. Free Food and Beverage. Notwithstanding anything to the contrary in state or local law, no Councilmember may accept any meal, beverage, snacks or refreshments greater than $20 in value, except as would be provided to any member of the public (e.g., a promotion or discount), or as part of a program of events or conference where the Councilmember is representing the City in their official capacity and all participants receive similar treatment regardless of elected status or jurisdiction (e.g., hors d’oeuvres served at a conference networking cocktail hour).
SECTION 3. Violations of this Resolution may be reported to the City Attorney and/or the City Manager, who shall comply with the process concerning alleged violation of laws and policies by a Councilmember outlined in Resolution 11631 (CCS).
SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and 4 thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney