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Home My WebLink About- - Attachm. 1 Ex Parte Ordinance - 9/6/2011ATTACHMENT 1 ORDINANCE NO. 11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, ADDING CHAPTER XII OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE RELATING TO EX PARTE COMMUNICATION DISCLOSURES AND TRANSPARENCY. WHEREAS, the City Council has stated its commitment for a more transparent government; and WHEREAS, the City Council has shown its commitment by hiring a consultant to assist in achieving that transparent government; and WHEREAS, the City Council recognizes that in order to achieve true transparency, those communications between government officials, elected or appointed, must be disclosed and made available to the public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter XII of Title 2 of the Costa Mesa Municipal Code is hereby added to read as follows: "Chapter XII — Ex Parte Communication Disclosure and Transparency Sec. 2-500 — Reserved. Sec. 2-501 Purpose. The purpose of this chapter is to prevent any attempts to unduly influence City officials' legislative, administrative, and quasi-judicial decisions. It is also the purpose of this chapter to promote transparency, accountability, and full disclosure of any attempt to influence City officials in regards to the previously mentioned decisions. Sec. 2-502 Definitions (1) "Administrative action" means the proposal, drafting, development, consideration, amendment, enactment, or defeat of any rule, regulation, policy, or other action in any proceeding that will apply generally to a group or class of persons. (2) "City elected or appointed official" means any person who holds an elective office of the City and any person who holds an appointed office as a City commissioner. (3) "City official" means a City elected or appointed official and any City officer or employee whose duties are not primarily clerical or manual. (4) "Ex parte communication" means any direct communication between an interested person and a City elected or appointed official attempting to influence administrative, legislative, or quasi-judicial action that is not public testimony or made part of the public record. The following communications shall not be ex parte communications: (a) Any communication between a staff member acting in his or her official capacity and any City elected official or appointed official or interested person. (b) Any communication between the City's legal counsel and any City elected official or appointed official. (c) Any communication limited solely to procedural issues; (d) Any communication which occurs on the record during an official proceeding of a state or local agency that involves a City elected or appointed official who also serves as an official of that agency. (5) "Influencing official action" means promoting, supporting, influencing, modifying, opposing, or delaying any administrative, legislative, or quasi-judicial action by any means, including but not limited to the provision or use of information, statistics, studies or analyses. (6) "Interested person" means: (a) Any person who engages in promoting, supporting, influencing, modifying, opposing or delaying any administrative, legislative, or quasi-judicial action; 2 (b) Any person with a financial interest in any administrative, legislative, or quasi-judicial action; or (c) Any person who acts as an agent or representative of any person listed in (a) or (b) of this subsection. (7) "Legislative action" means the proposal, drafting, development, consideration, amendment, enactment, or defeat of any City ordinance including, without limitation, any amendment to the City's General Plan. (8) "Public testimony" means an appearance at a public meeting of the City Council, any sub -committee of the City Council, or any City agency or commission. (9) "Quasi-judicial action" means the consideration or re -consideration of the granting or denial of any permit, grant, license or other entitlement of use, and the awarding, granting or denial of any City contract for the purchase, sale, or provision of property, goods or services by or for the City or any agency of the City. (10) Any other term not defined by this section but defined in the California Political Reform Act or California Code of Regulations enacted thereto, shall govern the interpretation of this Chapter. Sec. 2-503 Disclosure of Ex Parte Communications A City elected or appointed official shall disclose any ex parte communication and the identities of the interested person(s) engaging in said ex parte communication regarding any legislative, administrative and quasi-judicial matters pending before the City Council as follows: (1) For ex parte communications that occur prior to the day that the agenda is posted for the next City Council or applicable commission meeting, the City elected or appointed official shall notify the City Clerk of the agenda item and identity of the interested person who engaged in the ex parte communication and a description of the content of that communication, and that information shall be noted on the agenda under the agenda item to which the ex parte communication relates. 3 (2) For ex parte communications that occur on the day the agenda is posted and through the day of the City Council or applicable commission meeting, the City elected or appointed official shall verbally notify the City Clerk and the public of the identity of the interested person and a description of the content of the communication prior to the agenda item being addressed by the City Council or commission during the public meeting of the City Council or commission. (3) The City Council shall adopt a standard disclosure form or forms for reporting ex parte communications which shall include, but not be limited to, all of the following information: (a) The date, time, and location of the communication; (b) The identity of the persons initiating and receiving the communication; (c) A description of the content of the communication, including without limitation the complete text of any document that was part of the communication. However, documents that are protected by attorney- client privilege or any other applicable federal, State, or local confidentiality laws and regulations are excluded from disclosure. Sec. 2-504 Reserved. Sec. 2-505 Enforcement Violation of any of the provisions of this Chapter may be enforced pursuant to Section 1-33 of this Code. Sec. 2-506 Severability The provisions of this Chapter are severable. If any provision of this Chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application." Section 2. Any provision of the Costa Mesa Municipal Code or appendices thereto 4 inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage. PASSED AND ADOPTED this 6t" day of September, 2011. ATTEST: Gary Monahan, Mayor APPROVED AS TO FORM: Julie Folcik, City Clerk Thomas Duarte, City Attorney s STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 11- was duly introduced for first reading at a regular meeting of the City Council held on the 6t" day of September, 2011, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the XXt" day of Month, 2011, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 7t" day of September, 2011. JULIE FOLCIK, CITY CLERK (SEAL)