A. The proper operation of local government requires that elected and appointed officials be independent, impartial and responsible to the people; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a code of ethics and conduct for all elected and appointed officials whether paid or unpaid. The purpose of this chapter is to establish ethical standards of conduct for all such officials by setting forth guidelines and those acts or actions that are incompatible with the best interests of the city.

B. Public officials are bound to observe in their official acts the highest standards of performance and to discharge faithfully the duties of their office regardless of personal considerations. Recognizing that the public interest must be their primary concern, their conduct in both their official and private affairs should be beyond reproach. The provisions of this chapter are hereby declared to be in the best interest of the city and for the protection of the public health, safety and welfare of its citizens. (Ord. 5219 (part), 1999)

For purposes of this chapter, the following terms shall have the meanings specified:

Boards and Commissions. The terms "boards and commissions" and "boards or commissions" includes all appointed boards or commissions under the Glendale Charter, Title 2 of the Glendale Municipal Code, 1995, and any other board, commission or committee where the members are appointed by the city council.

Official. The term "official" or "officials" shall include the members of the city council and members of all boards and commissions as set forth in the Charter, Title 2 of the Glendale Municipal Code, 1995, or any other board, commission or committee where the members are appointed by the city council.

Private Advantage/Benefit/Gain, Etc. As used in this section, the terms "private advantage," "private benefit," "private gain," or "economic gain" mean any personal advantage, benefit or economic gain, distinct from that enjoyed by members of the public without regard to official status or not resulting naturally from lawful and proper performance of duties. (Ord. 5219 (part), 1999)

A. No official shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of officials in the conduct of official business.

B. No official shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen. (Ord. 5219 (part), 1999)

Public officials should conduct their official affairs so as not to give a reasonable basis for the impression that any such official can be improperly influenced in the performance of his/her public duties. Such officials should conduct themselves so as to maintain public confidence in their performance of the public trust and the government they represent. They should not be a source of embarrassment to city government and should avoid even the appearance of conflict in the conduct of their public duties. (Ord. 5219 (part), 1999)

No official shall engage in any enterprise or activity which shall result in any of the following:

A. Using the prestige of influence of the city office including board or commission membership for private gain or advantage of himself/herself or another.

B. Using time, facilities, equipment or supplies of the city of Glendale for the private gain or advantage of himself/herself or another.

C. Using official information not available to the general public for his/her private gain or advantage or that of another.

D. Personally or through an intermediary receiving or accepting money or other consideration from any person or entity other than the city of Glendale, or agency or board of which they are a member (e.g., Alex Regional Theatre Board; Burbank, Glendale, Pasadena Airport Commission) where such receipt or acceptance is intended as consideration for the performance of acts done in the regular course of official duty. Example: An architect who is a member of the DRB which will determine the matter, and is hired to draft plans and/or advise a client and is paid for such services, is not in violation of this section assuming the architect is not otherwise in violation of state law or other provisions of this chapter.

E. Receiving or accepting, directly or indirectly, any gift or favor from anyone doing business with the city of Glendale under circumstances from which it could reasonably be inferred that such was intended to influence him/her in the performance of his/her official duties, or as a reward for official action. (Ord. 5219 (part), 1999)

A. No official shall solicit or accept or promise to accept employment as a compensated representative of any person or entity which actually has a matter pending before the city council (if the official is a council member), or any board or commission (if the official is a member of a board or commission which has jurisdiction over a matter). This section applies only to the actual solicitation, acceptance or promise of acceptance of employment at the time the matter is pending before the council or any board or the time the matter is pending before the council or any board or commission. This section shall not apply to any activity wherein an official has accepted employment with an individual or entity prior to the matter for which the official has accepted employment is accepted for filing or appealed to, the city council or board or commission of which the official is a member. Example: A member of the planning commission should not solicit, accept or promise to accept employment with an applicant for a parcel map after the matter has been filed for review by the planning division. However, the member may accept employment prior to the application being submitted to the planning division.

B. A written agreement to retain a council member, member of a board or commission or their firm or company, which agreement is executed by all parties prior to the matter being accepted for filing or appealed to, the city council or board or commission of which the official is a member shall create a rebuttable presumption that the matter was accepted prior to the filing of an application or appeal. (Ord. 5219 (part), 1999)

No official of the city, and no candidate for elective city office, shall use his/her position or prospective position, or the power or authority of his/her office or position, in any manner intended to induce or coerce any person to provide, directly or indirectly, anything of value which shall accrue to the private advantage, benefit or economic gain of the official, or of any other person. This section does not apply to campaign contributions solicited or received consistent with State and local laws. (Ord. 5219 (part), 1999)

No current or former official of the city shall use or disclose to any other person without appropriate authorization, confidential information acquired by him or her in the course of his or her official duties. (Ord. 5219 (part), 1999)

A. No official of the city shall use or threaten to use any official authority or influence to discourage, restrain or interfere with any person for the purpose of or preventing such person from acting in good faith to report or otherwise bring to the attention of the city or other appropriate agency, office or department, any information which, if true, would constitute a gross waste of city funds, gross abuse of authority, a specified and substantial danger to public health or safety due to an act or omission of an official, or use of a city office or position or of city resources for personal gain.

B. No official of the city shall use or threaten to use any official authority or influence to affect or a reprisal against a city official, employee, or any other person who reports or otherwise brings to the attention of the city or other appropriate agency any information regarding the subjects set forth in subsection A, above. (Ord. 5219 (part), 1999)

It is improper for any former official to appear as a compensated representative at any time before the city council or any board or commission, of which they were formerly a member, in connection with any case or other matter in which such former official was duly connected in a policy-making capacity while an official with the city, for six months following the termination, resignation or expiration of the term of the official. Such official may be released from the obligation imposed by the provisions of this section upon the submission of a written request to the city council in advance of his/her proposed appearance and a certification that while an official of the city, took no action or obtained no information which would prejudice his/her conduct or presentation, either at the time he/she was an official or at the time of the presentation. (Ord. 5219 (part), 1999)

In addition section 2.83.103 through and including 2.83.105, Council finds that the solicitation of funds by elected officials who use their official position or official title is more than just a subtle means of compelling an individual or entity to provide funds to a non-profit or for-profit entity favored by an elected official. Using an official position or title to "force donations" to non-profits or other entities violates state and federal laws that prohibit extortion and deprives the public of its right to an official's honest services for the benefit of the community. Such use of an official title or position in a letter or electronic message seeking a solicitation of funds, property or services places the person or entity receiving the solicitation in the position of feeling pressured to respond with money, property or services, lest the individual perceives that any discretionary review of a project, permit, license or contract may receive positive or negative consideration by the elected official seeking the solicitation. In addition, in the same manner campaign contributions can cause a public perception that votes are being improperly influenced by monetary contributions, solicitation of funds, property or services for groups or entities carry with it the same perception that votes may be influenced through the response to such a solicitation. This perception undermines the credibility and integrity of the governmental process and fosters the public impression that there exists a pay-to-play quid pro quo through pressure applied to an individual or entity to provide funds, property or services to a non-profit or for-profit at the behest of an elected official. This, in turn may have a corrupting influence affecting the integrity of the governmental process and public confidence in local officials.

Prohibiting solicitation by elected officials of persons or entities with city, redevelopment agency (hereafter agency) or housing authority (hereafter authority) contracts or applications pending before the council, agency, authority or city clerk likewise will restore public confidence in elected officials and reduce the appearance of undue influence and the pay-to-play quid pro quo assertion which occurs when an elected official seeks funds, property or services from an individual or entity having a contract or application pending. Finally, transparency necessitates that funds, property or services made at the behest of an elected official be disclosed at a meaningful threshold so the public has an opportunity to know who is giving large contributions to non-profits or other entities at an elected official's request. This legislation is necessary to reduce the perception that decisions are influenced more by contributions made at the behest of an elected official than the best interests of the people of the city.

(Ord. No. 5632, § 1, 11-25-2008)

The definitions set forth herein shall govern the interpretation of sections 2.83.104 through 2.83.10 of this chapter.

"Applicant seeking entitlement" means any person, group or entity however constituted who has filed an application or letter with the city, agency, authority or city clerk or is an owner or lessee of property on whose behalf an application or letter is filed, seeking approval of a permit, license, conditional use permit, variance, architectural design (at any stage), franchise, administrative exception, parking reduction, review of plans, development agreement, exclusive negotiation agreement, owner participation agreement, financial assistance for a proposed project, or any other land use entitlement.

"Application is pending" means an application or letter which is subject to review, hearing or consideration by the city council, redevelopment agency, housing authority or the city clerk, and the application or letter seeking a permit, license, conditional use permit, variance, architectural design (at any stage), franchise, administrative exception, parking reduction, review of plans, development agreement, exclusive negotiation agreement, owner participation agreement, financial assistance for a proposed project, or any other land use entitlement has been filed and either; (a) will be set for review, hearing or otherwise considered by the city council, redevelopment agency, housing authority or city clerk as a matter of right, or (b) has been formally appealed to the city council, redevelopment agency or housing authority. The six (6) examples set forth below are intended to provide interpretive guidance: (1) An application for a zone change is filed. Since a zone change can only be effectuated by the city council, upon filing the application it would be pending before the city council. (2) An application for a conditional use permit is filed. Only at such time as the grant or denial of a conditional use permit is appealed to the council would it be pending before the city council; (3) An application for a variance in the downtown specific plan area is filed. Since the council has original jurisdiction, the variance application would be pending before the council when filed; (4) A letter is delivered to the community development and housing department (CDH) seeking, among other things, authority financial or other assistance for a housing project. Since the authority has original jurisdiction, the letter would be an application pending when the letter is received by CDH; (5) An application for a parking use permit is filed for a property in a redevelopment project area. If the development services director refers the matter to the redevelopment agency, at the time such decision is made in a written transmittal or other memorandum or report, the matter is considered an application pending; (6) an application for a filming permit is filed with the city clerk. At the time the application is filed it would be pending before the city clerk.

"Contract" means any agreement or contract including any amendment or modification to an agreement or contract with the city, agency or authority for (a) the rendition of personal services; (b) the furnishing of any material, supplies or equipment; (c) the sale or lease of any land or building; or (d) a grant, loan or loan guaranty.

"Council member" means an individual who has been elected or appointed to, and is serving on the city council as a member thereof. Sometimes referred to as a member of council.

"Funds" means money, cash, check, draft, warrant, notes, bonds, stock, or securities, precious metals or jewels, including but not limited to gold, diamonds and platinum.

"Immediate family" means spouse and dependent children.

"Made at the behest of" means made under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request of, suggestion of, or with the express prior consent of.

"Person" means an individual, proprietorship, firm, corporation, partnership, joint venture, association, limited liability entity, business trust, company, labor organization or union, or any other organization or group of persons acting in concert.

"Person who contracts with" includes any party or prospective party to a contract, as well as any member of that party's board of directors, its chairperson, chief executive officer, chief administrative officer, chief operating officer, or any person with an ownership interest of more than ten (10) percent in the party.

"Property" means any real or personal property, of whatever kind or nature, including without limitation, precious metal or stones such as silver, gold, platinum and diamonds, gift cards, gift certificates, passes, or tickets which may be converted into the purchase of goods, commodities or services, or provide admission to or use of a facility.

"Services" means non-monetary labor or activity to be performed for the benefit of another.

"Solicit" or "solicitation" means a request of any kind or nature, whether oral or in writing, for funds, property, or services. "Solicit" or "solicitation" herein does not include a request for campaign contributions.

"Writing" means any document, letter, message, solicitation, or request, whether handwritten, printed, typed, or in electronic form, including but not limited to, electronic-mail.

(Ord. No. 5632, § 2, 11-25-2008)

A. No member of council, the agency or authority, or city clerk, or his or her immediate family shall solicit funds, property or services, either orally or in writing from an applicant seeking entitlement while such application is pending before the city, agency, authority or city clerk and for a period of ninety (90) days after the last and final approval by the city council, agency, authority or city clerk has been granted.

B. No member of council, agency or authority, the city clerk or city treasurer, or his or her immediate family shall solicit funds, property or services, either orally or in writing from any person who contracts with the city, agency or authority where the agreement or contract has a total anticipated or actual value of twenty-five thousand dollars ($25,000.00) or more, or a combination or series of such agreements or contracts having a value of twenty-five thousand dollars ($25,000.00) or more, in a fiscal year of the city.

C. No member of council, agency or authority, the city clerk or city treasurer or his or her immediate family shall solicit funds, property or services, either orally or in writing from an officer, employee or department of the city, unless a majority of the city council has approved at an open and public meeting such solicitation of funds, property or services, and the solicitation thereof does not violate any other provision of federal, state or local law.

D. No member of council, agency or authority, the city clerk or city treasurer, or their immediate family shall, while a shareholder with ten (10) percent or more of the shares of stock, or while on the board of directors, or as the president, chief executive officer (CEO), chief administrative officer (CAO) or chief operating officer (COO), of a non-profit or for-profit entity, use the official title or designation "councilman", "council woman", "council person", "mayor", "elected official", "elected officer" "city clerk", "city treasurer" or other variant of their official elected or appointed status as a council, agency or authority member or city clerk or city treasurer to sign a "writing" which solicits funds, property or services for the non-profit or for-profit entity on which the elected official sits as a member of the board of directors, or as the president, CEO, CAO or COO, or as holder of ten (10) percent or more of the shares of stock. The listing of the council, agency or authority member, city clerk or city treasurer on a letterhead of a non-profit or for-profit entity along with other names of other board members or officers is not considered to be the signing of a "writing" soliciting funds, so long as the names of all board members or officers are listed and the name of the council, agency or authority member, city clerk or city treasurer is not prominently featured by title in, for example, a type style or size which is different than the style or size used to list the names and titles of other board members or officers.

E. The limitations set forth in this section 2.83.104 shall not apply to a solicitation for campaign contributions.

(Ord. No. 5632, § 3, 11-25-2008)

Any payment of funds or provision of property or services made by an individual or entity (donor), or by an individual or entity acting as an intermediary or agent of the donor where the funds, property or services equal or exceed one thousand dollars ($1,000.00) and are made at the behest of a council, agency or authority member, the city clerk or city treasurer, shall be reported by the council, agency or authority member, city clerk or city treasurer within thirty (30) days following the date on which the payment or value of goods and/or services equal or exceed one thousand dollars ($1,000.00) in the aggregate from the same donor and/or intermediary or agent of the donor in the same calendar year in which they are made. The report shall be made under penalty of perjury and shall be on a form provided by the city attorney and filed with the city clerk and city attorney. Any report made and filed hereunder shall be a public record.

(Ord. No. 5632, § 4, 11-25-2008)

A. In addition to any other penalty provided by law, violation of sections 2.83.030 through and including 2.83.100 shall be a basis for disciplinary action of a board or commission member, including removal from the position to which he/she was appointed. Any elected official who violates any provision of sections 2.83.030 through and including 2.83.105 may be subject to censure by the city council or other remedy permitted by law.

B. Any violation of section 2.83.104 shall be a misdemeanor punishable as prescribed under section 1.20.010.A. of this code.

C. This chapter shall not be construed to create a cause of action or other remedy for damages against the city or any officer or employee. It is intended solely to provide a basis for disciplinary action, censure, or removal from office as permitted by law, or in the case of a violation of section 2.83.104, prosecution as an additional remedy.

(Ord. No. 5632, § 5, 11-25-2008; Ord. 5219 (part), 1999)

This chapter is intended as an addition to and supplement of federal, state and local laws relating to the subject matter addressed herein. (Ord. 5219 (part), 1999)

If any provision of this chapter, or the application thereof, to any person or circumstances is held invalid, the validity of the remainder of the chapter and the applicability of such provisions to other persons and circumstances shall not be affected thereby.

(Ord. No. 5632, § 6, 11-25-2008)