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Item 37 - Discuss and Consider Prepare an Ordinance Prohibiting Contracts with City Officials and their Immediate Family Members
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Item 37 - Discuss and Consider Prepare an Ordinance Prohibiting Contracts with City Officials and their Immediate Family Members
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11/13/2024 2:34:51 PM
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Agenda Packet
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City Council
Item #
37
Date
11/19/2024
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Ch. Art. Div. <br />2 7 35 12 <br /> <br />San Diego Municipal Code Chapter 2: Government <br />(4-2019) <br /> <br /> <br /> <br />(b) It is unlawful for any former City Official, for compensation, to knowingly <br />counsel or assist any person in connection with an appearance or <br />communication in which the former City Official is prohibited from engaging <br />pursuant to subsection (a) for a one-year period immediately following <br />termination of service with the City, or for a two-year period if he or she is a <br />former elected City Official. <br />(c) As a means of facilitating compliance with subsections (a) and (b) in instances <br />where long-term projects may change in character and scope over time and <br />where large projects have discrete components or phases, any former City <br />Official may seek a written determination from the Ethics Commission <br />regarding whether prospective direct communication on a particular project <br />would constitute a violation of this section. <br />(d) It is unlawful for any former City Official to engage in direct communication <br />for the purpose of lobbying the City if all of the following circumstances <br />apply: <br /> <br />(1) the former City Official served as a City Official within the previous <br />year, or within the previous two years if he or she is a former elected <br />City Official; and <br />(2) the former City Official received compensation from the City for his or <br />her service as a City Official; and <br />(3) the former City Official is receiving compensation to engage in the <br />direct communication with the City. <br /> <br />(e) Except as set forth in subsection (f), which governs former elected City <br />Officials and former Chief Operating Officers, the prohibitions contained in <br />subsections (a), (b), and (d) do not apply: <br />(1) to prevent a former City Official from making or providing a <br />statement, based on the former City Official’s own special knowledge <br />in the particular area that is the subject of the statement, provided that <br />no compensation is thereby received other than that regularly provided <br />for by law or regulation for witnesses; <br /> <br />(2) to prevent any former City Official from representing himself or <br />herself, or any member of his or her immediate family, in their <br />individual capacities, in connection with any matter pending before the <br />City;
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