REPORT TO GOVERNANCE AND ETHICS COMMITTEE
SUBJECT
Title
Discussion on Council Policy 050 [Gifts to Elected and Appointed Officials]
Report
BACKGROUND
As part of the Governance and Ethics Committee workplan, Council Policy Council Policy 050 [Gifts to Elected and Appointed Officials] ("Gift Policy") was identified for review and possible revision.
The current Gift Policy was updated by the City Council in 2018. Key updates included: (1) focusing the policy on direct donations to officials (as opposed to the City itself); (2) the addition of a list of factors to be considered by City officials in deciding whether to accept gifts; (3) prohibition on gifts from lobbyists; and (4) the requirement that any gift accepted of less than $50 be disclosed at a public meeting.
The expressed purpose of the current Gift Policy is to establish guidelines for the acceptance of gifts applicable to elected and appointed City officials, including Board, Commission, and Committee members, in their official capacity. The Gift Policy states that it is intended to supplement applicable state law, including the provisions of the Political Reform Act ("PRA"). This policy does not apply to tickets to events.
DISCUSSION
This item presents the City's existing Gift Policy for Committee initial review and input. Issues for Committee consideration include:
1. Does the City need its own local Gift Policy for elected and appointed officials or should it instead refer to applicable state laws and other local policies?
Most of the terms of the existing Gift Policy are restatements of applicable state law. Other provisions are covered by existing ethics policies. Many other jurisdictions choose to refer to state law rather than create additional rules in this area.
2. If the City is to retain its own Gift Policy, a number of clarifications are warranted. These include:
a. Does the policy apply to the City Manager and the City Attorney? Should it?
b. Clarify that where Gift Policy...
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