§ 2.25.060. Perks of office and misuse of city resources or position for private gain.

A.

Misuse of City Resources or Position.

1.

As prohibited by California Government Code Section 8314, a Public Servant may not use or permit others to use public resources for a campaign activity or for personal or non-City purposes not authorized by law.

a.

Definitions. For purposes of this Section, the following definitions provided in California Government Code Section 8314 apply:

i.

"Personal purpose" means activities for personal enjoyment, private gain or advantage, or an outside endeavor not related to City business. "Personal purpose" does not include the incidental and minimal use of public resources, such as equipment or office space, for personal purposes, including an occasional telephone call.

ii.

"Campaign activity" means an activity constituting a contribution as defined in California Government Code Section 82015 or an expenditure as defined in California Government Code Section 82025. "Campaign activity" does not include the incidental and minimal use of public resources, such as equipment or office space, for campaign purposes, including the referral of unsolicited political mail, telephone calls, and visitors to private political entities.

iii.

"Public resources" means any property or asset owned by the City, including but not limited to land, buildings, facilities, funds, equipment, supplies, telephones, computers, vehicles, travel, and City-compensated time.

iv.

"Use" means a use of public resources which is substantial enough to result in a gain or advantage to the user or a loss to the City for which a monetary value may be estimated.

b.

Nothing in this Subsection A. shall prohibit the use of public resources for providing information to the public about the possible effects of any bond issue or other ballot measure on government activities, operations, or policies, provided that the informational activities are otherwise authorized by the laws of the City or California and the information provided constitutes a fair and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the bond issue or ballot measure.

2.

No Public Servant or candidate for City Office may use his or her position or prospective position, or the power or authority of his or her office or position, in any manner intended to induce or coerce any person to provide any private advantage, benefit, or economic gain to the City Public Servant or candidate or any other person.

B.

Prohibitions Related to Political Activity and Solicitation of Contributions.

1.

Political Activities. As prohibited by California Government Code Section 3203, no restrictions shall be placed on the political activities of any Public Servant, except as otherwise provided in federal, state or local law.

2.

Political Influence. As prohibited by California Government Code Section 3204, no Public Servant "who holds, or who is seeking election or appointment to, any office or employment in the City shall, directly or indirectly, use, promise, threaten or attempt to use, any office, authority, or influence, whether then possessed or merely anticipated, to confer upon or secure for any individual person, or to aid or obstruct any individual person in securing, or to prevent any individual person from securing, any position, nomination, confirmation, promotion, or change in compensation or position, within the City, upon consideration or condition that the vote or political influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. This prohibition shall apply to urging or discouraging the individual employee's action.

3.

Solicitation of Contributions.

a.

As prohibited by California Government Code Section 3205, a Public Servant or candidate for City of Oakland office shall not, directly or indirectly, solicit a political contribution from another City Public Servant, or from a person on an employment list of the City, with knowledge that the person from whom the contribution is solicited is a Public Servant or is on an employment list of the City. This Subsection B.3.a. shall not prohibit a City Public Servant or candidate for City of Oakland office from requesting political contributions from Public Servants if the solicitation is part of a solicitation made to a significant segment of the public which may include City Public Servants.

b.

As prohibited by California Government Code Section 3205, an Oakland Unified School District Board Director or candidate for such office shall not, directly or indirectly, solicit a political contribution from an employee of the District, or from a person on an employment list of the District, with knowledge that the person from whom the contribution is solicited is an employee of the District or on an employment list of the District. This Subsection B.3.b. shall not prohibit a Director or candidate from requesting political contributions from District employees if the solicitation is part of a solicitation made to a significant segment of the public which may include District employees.

4.

Activities While in Uniform. As prohibited by California Government Code Section 3206, a Public Servant shall not participate in political activities of any kind while in his or her City work-related uniform.

C.

Restrictions on Gifts.

1.

A person shall not offer or make, and a Public Servant or candidate for City Office shall not accept, a gift when it is reasonably foreseeable that the Public Servant or candidate could be influenced by the gift in the performance of an official act.

2.

A Public Servant or candidate for City Office who is required to file a statement of economic interests pursuant to the California Political Reform Act shall comply with the gift requirements and restrictions in the Political Reform Act and the California Constitution except that the total annual gift limit per source for Public Servants shall be two hundred fifty dollars ($250.00).

3.

In addition to the gift limits and reporting requirements imposed on certain Public Servants by the Political Reform Act and Subsection C. of this Act, a Public Servant shall not solicit or accept, and a person who is a restricted source shall not offer or make, any gift or loan valued at more than fifty dollars ($50.00) cumulatively in a calendar year from a person who the Public Servant knows or has reason to know is a restricted source, except loans received from commercial lending institutions in the ordinary course of business. This prohibition applies to all Public Servants regardless of whether they must file a statement of economic interests.

a.

Restricted Source. For purposes of this Subsection C., a restricted source means:

i.

A person doing business with or seeking to do business with the department of the Public Servant; or

ii.

A person who during the prior twelve (12) months knowingly attempted to influence the Public Servant in any legislative or administrative action.

b.

Gift. For purposes of this Subsection C., the term gift has the same meaning as under the Political Reform Act, California Government Code Section 81000 et seq., and the regulations adopted thereunder. Gifts exempt from the limits imposed by California Government Code Section 89503 shall also be exempt from the prohibition set forth in this Subsection.

4.

A lobbyist or lobbying firm shall not act as an agent or intermediary in the making of any gifts or arrange for the making of any gift by another person to any Public Servant. Any intermediary of a gift shall be required to disclose the true source of the gift to the recipient.

5.

A Public Servant or candidate for City Office may request that the Public Ethics Commission provide the requestor with written advice concerning the legality of accepting any specific gift. Such request shall contain sufficient information to allow the Commission or its staff to properly consider the matter. The Commission or its staff shall provide written advice in response to such a request within a reasonable time after the Commission's receipt of the request.

D.

Prohibition on City Officers and Board or Commission Members Contracting with the City. During his or her term of office, no City Officer shall enter, submit a bid for, negotiate for, or otherwise attempt to enter, any contracts or subcontracts with the City, other than compensation or employment stemming from their office held. During his or her term of office, no member of a City Board or Commission, as defined in this subsection shall enter, submit a bid for, negotiate for, or to otherwise attempt to enter, any contracts or subcontracts with the City, other than compensation or employment stemming from their office held, where the amount of the contracts or the subcontracts exceeds ten thousand dollars ($10,000.00) in aggregate.

1.

Definitions. For purposes of this Subsection VI(D), the following definitions shall apply:

a.

"Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization; or other legal entity or undertaking organized for economic gain.

b.

"City Officer" shall mean the Mayor, City Council Members, City Administrator, City Attorney, City Auditor, City Controller, the head of any City department, and any person appointed as the chief executive officer under such board or commission.

c.

"City Boards or Commission" shall include the Children's Fund Planning & Oversight Commission, the Housing, Residential Rent & Relocation Board, the Planning Commission, the Port Commission, the Public Ethics Commission, the Police and Fire Retirement Board, and any other City board or commission with decision making authority beyond merely the making of recommendations.

d.

"Contract" means any agreement other than a grant or an agreement for employment in exchange for payment or benefits.

e.

"Subcontract" means a contract to perform any work for a primary contractor that has an agreement with the City.

2.

Exceptions. This Subsection D. shall not apply to the following contracts or subcontracts:

a.

A contract or subcontract with a 501(c)(3) nonprofit organization;

b.

A contract or subcontract with a business with which a City Officer or member of a City Board or Commission, as defined in this subsection, is affiliated unless the City Officer or Board or Commission member exercises management and control over the business. A member exercises management and control if he or she is:

i.

An officer or director of a corporation;

ii.

A majority shareholder of a closely held corporation;

iii.

A shareholder with more than five percent (5%) beneficial interest in a publicly traded corporation;

iv.

A general partner or limited partner with more than twenty percent (20%) beneficial interest in the partnership; or

v.

A general partner regardless of percentage of beneficial interest and who occupies a position of, or exercises management or control of the business;

vi.

A contract or subcontract entered into before a member of a board or commission commenced his or her service;

vii.

An agreement to provide property, goods or services to the City and County at substantially below fair market value; or

viii.

A settlement agreement resolving a claim or other legal disputer

3.

Waiver. The Ethics Commission may waive the prohibitions in this Subsection D. for any City Officer or member of a City Board or Commission, as defined in this subsection, who, by law, must be appointed to represent any profession, trade, business, union or association.

4.

Limitation. Failure of a City Officer or member of a City Board or Commission, as defined in this subsection to comply with this Subsection D. shall not be grounds for invalidating any contract with the City.

(Ord. No. 13278, § 1, 12-8-2014)