§ 2.25.070. Fair process.

A.

Prohibition on Bribery. No person shall offer or make, and no Public Servant shall solicit or accept, anything of value in exchange for the performance of any official act.

B.

Prohibition on Payment for Office or Appointment. It is unlawful for any Public Servant to give or promise to give to any person any portion of his or her compensation or any money or thing of value in consideration of having been, or of being nominated, appointed, voted for, or elected to any office or employment.

C.

Prohibition on City Public Servant Influencing Contracts with Former Employer. In addition to the requirements of Government Code Sections 87100, et seq. , no Public Servant shall knowingly make, participate in making, or attempt to use his or her official position to influence any governmental decision directly relating to any contract where the Public Servant knows or has reason to know that any party to the contract is a person by whom the Public Servant was employed immediately prior to entering government service within twelve (12) months prior to the time the Public Servant acts on the matter.

D.

Prohibition on Nepotism.

1.

In addition to the prohibition in Oakland City Charter Section 907, which is incorporated herein by reference, a Public Servant may not make, participate in making or otherwise seek to influence a decision of the City regarding an employment or contract action involving a Relative. Nothing in this Section shall prohibit a Public Servant from acting as a personal reference or providing a letter of reference for a Relative who is seeking appointment to a position in any City department, board, or commission other than the officer or employee's department, board, or commission or under the department, board or commission's control.

A department head who is prohibited under Subsection VII(D)(2) from participating in an employment action involving a Relative shall delegate in writing to an employee within the department any decisions regarding such employment action.

2.

Public Servant may not supervise another Public Servant who is also a Relative. This prohibition applies to the regular assignment for each Public Servant's position and does not apply to temporary assignments such as working an overtime or traded shift, or substituting for a fellow employee.

E.

Non-Interference in Administrative Affairs. As prohibited by City Charter Section 218, except for the purpose of inquiry, the Council and its members shall deal with the administrative service for which the City Administrator, Mayor and other appointed or elected officers are responsible, solely through the City Administrator, Mayor or such other officers. Neither the Council nor any Council member shall give orders to any subordinate of the City under the jurisdiction of the City Administrator or such other officers, either publicly or privately; nor shall they attempt to coerce or influence the City Administrator or such other officers, in respect to any contract, purchase of any supplies or any other administrative action; non in any manner direct or request the appointment of any person to or his removal from office by the City Administrator or any of his subordinates or such other officers, nor in any manner take part in the appointment or removal of officers or employees in the administrative service of the City. In addition to the penalties provided for in Charter Section 218, a member of the Council who violates the provisions of this Subsection E. shall be subject to all other penalties provided in this Act.

(Ord. No. 13278, § 1, 12-8-2014)