Berkeley City Hall

Dean Metzger is proposing a new ordinance to be titled the City of Berkeley Governement Ethics Act.

"This Act is intended to provide a clear, comprehensive, and locally enforceable framework of laws to ensure that Berkeley City government operates with integrity, that government decisions are made on the merits and in the best interest of its citizens and not for private or individual gain, that the rules are clear for Public Servants, and that the law is fairly and effectively enforced."

A draft of the Act follows. Copies may be download in four formats:

See also Mr. Metzger's proposed {Public Ethics Commission} ordinance.

Chapter 2.XX - CITY OF BERKELEY GOVERNMENT ETHICS ACT

2.XX.010 - Short title.

This chapter shall be known as the City of Berkeley Government Ethics Act.

2.XX.020 - Purpose.

  1. This Government Ethics Act is based on the premises that:

    1. The integrity of City government depends upon Public Servants that are entrusted by the public to use City time, property and resources efficiently and in a legal and ethically responsible manner, and

    2. All individuals and groups who come into contact with our City should have a fair and equal opportunity to participate in government.

  2. This Act is intended to provide a clear, comprehensive, and locally enforceable framework of laws to ensure that Berkeley City government operates with integrity, that government decisions are made on the merits and in the best interest of its citizens and not for private or individual gain, that the rules are clear for Public Servants, and that the law is fairly and effectively enforced.

  3. The provisions in this Act are in addition to other local, state and federal laws, some of which are cited by and incorporated into this Act.

  4. Enforcement authority established by this Act shall not be applied to alleged violations occurring prior to the effective date of this Act, except as to continuing violations after proper notice.

2.XX.030 - Definitions.

Unless the term is specifically defined in this Act, or the definition is stated or clearly appears from the context, the definitions set forth in the state or local law that is cited as the source of each relevant provision in this Act shall govern the interpretation of that provision.

  1. "City" means the City of Berkeley, though the terms "City Manager," "City Attorney," and "City Auditor" refer to the officers of the City of Berkeley as described by the City Charter. This definition of "City" does not apply when it is used in the term "City office."

  2. "City Office" includes the Mayor, City Manager, City Attorney, City Auditor, City Councilmembers and School Board Directors.

  3. "Public Servant" includes:

    1. Any elected or appointed officeholder of the City of Berkeley, including any such officeholder elected but not yet sworn in, and

    2. Any City board or commission member, and Any full-time or part-time employee of the City, and

    3. Any consultant of the City who is required to file a Form 700 Statement of Economic Interests pursuant to the City of Berkeley Conflict of Interest Code and the California Political Reform Act.

  4. "Relative" means any person who is related within the third degree by blood, marriage, or contract, and includes a spouse, domestic partner, parent, grandparent, child, sibling, parent-in-law, aunt, uncle, niece, nephew, first cousin, and any similar step relationship or similar relationship created by adoption.

2.XX.040 - Conflicts of interests and personal gain.

  1. Financial Conflicts of Interests. A Public Servant shall not make, participate in making, or seek to influence a decision of the City in which the Public Servant has a financial interest within the meaning of the California Political Reform Act, Government Code Section 87100 et seq. All provisions of California Government Code Section 87100 - 87505 and City Charter Section 1200, as they relate to Public Servants, are incorporated by reference into this Act.

  2. Statement of Economic Interests (Form 700) Disclosure. The Mayor, City Council Members, City Manager, City Attorney, City Auditor, any City board or commission member, any candidate for City Office, and any employee or consultant designated in the City Conflict of Interest Code shall file statements of economic interests and shall disclose all required information pursuant to the California Political Reform Act and the City Conflict of Interest Code.

  3. Conflicts of Interests in Contracting. A Public Servant shall not make or participate in making a contract in which he or she has a financial interest within the meaning of California Government Code Sections 1090 - 1097. All provisions of California Government Code Section 1090 - 1097, as the Sections relate to Public Servants, are incorporated by reference into this Act.

  4. Confidential Information. A Public Servant shall not willfully and knowingly disclose for pecuniary gain, personal advantage or private interest, to any other person, confidential information acquired by him or her in the course of his or her official duties.

  5. Incompatible Public Offices. A Public Servant, including but not limited to, an appointed or elected member of a governmental board, commission, committee, or other body, shall not simultaneously hold two (2) public offices that are incompatible as prohibited by California Government Code Section 1099.

    Offices are incompatible when any of the following circumstances are present, unless simultaneous holding of the particular offices is compelled or expressly authorized by law:

    1. Either of the offices may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over the other office or body or over a multimember body that includes that other office.

    2. Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties or loyalties between the offices.

  6. Public policy considerations make it improper for one (1) person to hold both offices.

    1. When two (2) public offices are incompatible, a public officer shall be deemed to have forfeited the first office upon acceding to the second.

    2. This Subsection (E) does not apply to a position of employment, including a civil servant position.

    3. This Subsection (E) shall not apply to a governmental body that has only advisory powers.

  7. Influencing Prospective Employment. A Public Servant shall not make, participate in making, or otherwise seek to influence a governmental decision affecting a person or entity with whom the Public Servant is discussing or negotiating or has entered into an agreement concerning future employment.

2.XX.050 - Leaving public service "revolving door" restrictions.

A. Permanent Post-Service Restriction on Representing, Advising and/or Assisting Non-City Parties in Particular Matters.

  1. Non-City Parties in Particular Matters.

    1. Prohibition. A former Public Servant, after the termination of his or her service or employment with the City, shall not, with the intent to influence, act as agent or attorney, or otherwise represent, any person or entity other than oneself or the City before any court, or before any state, federal, or local agency, including the City Council, or any officer or employee thereof, by making any formal or informal appearance or by making any oral, written, or other communication in connection with a particular matter in which both of the following exist:

    2. The City is a party or has a direct and substantial interest; and The Public Servant participated personally and substantially in the matter as a City Public Servant.

      Definition. "Particular matter" includes but is not limited to a particular claim, official filing to the City by another, contract, negotiation, grant, permit, license, litigation, settlement, or similar transaction.

    3. In determining if communication regarding a particular matter violates this prohibition, representation or agency shall be presumed > if a former Public Servant is compensated in any way and for any > reason during the preceding twenty-four (24) month period either prior > to or after the communication by a non-City person or entity that is > either a party to the particular matter or is intending to influence > the particular matter.

    4. Restriction on assisting others. No former Public Servant, after the termination of his or her service or employment with the City, shall aid, advise, counsel, consult or assist another public or private entity regarding a matter or in any proceeding in which the Public Servant would be precluded under Subsection A.1. from personally appearing.

    5. Exception for testimony. The prohibitions in Subsections B.1 and B.4. do not prohibit a former Public Servant from testifying as a witness pursuant to a subpoena, provided that no compensation is received other than the fees regularly provided for by law or egulation for witnesses.

  2. Four -Year Post-Service Restriction on Supervisors Representing Non-City Parties.

    Prohibition. A former Public Servant, within four (4) years after the termination of his or her service or employment with the City, shall not, with the intent to influence, act as agent or attorney, or otherwise represent, any other public or private entity before any court, or before any state, federal, or local agency, or any officer or employee thereof, by making any formal or informal appearance or by making any oral, written, or other communication in connection with a particular matter, as defined in Subsection B.2, in which both of the following exist as it relates to the particular matter:

  3. The City is a party or has a direct and substantial interest; and The Public Servant knows or reasonably should know that the particular matter was actually pending under his or her official responsibility as a Public Servant within a period of one (1) year before the termination of his or her service with the City.

  4. Four - Years Restriction on Public Servants Representing Other

    Persons Before Former Department. No current or former Public Servant, for four (4) years after termination of his or her service or employment with any department, board, commission, office or other unit of the City, shall, with the intent to influence a government decision, communicate orally, in writing, or in any other manner on behalf of any other person (except the City) with any officer or employee of the department, board, commission, office or other unit of government, for which the Public Servant served.

    1. Mayor, Members of the Council, and their Senior Staff Members. For purposes of the four-years restriction under Subsection C., the "department" for which a former Mayor, a former member of the Council, or a former senior staff member to either the Mayor or a member of the Council served shall be the City and the prohibition in Subsection C. shall extend to communications with:

    2. A board, department, commission or agency of the City;

    3. An officer or employee of the City;

      A. An appointee of a board, department, commission, agency, officer, or employee of the City; or

      B. A representative of the City.

      For the purposes of this Subsection C., "a former senior staff member to either the Mayor or a member of the Council" means an individual employed in any of the following positions at the time the individual terminated his or her employment with the City: chief of staff, deputy chief of staff, communications or other director, legislative or policy aide, or any position in the Mayor's or Council Member's office that is required to file a Form 700 pursuant to the Berkeley Conflict of Interest Code.

      C. Employment by a Party to a City Contract on Which the Public Servant Worked. No current or former Public Servant shall be employed by or otherwise receive compensation from a person or entity that entered into a contract with the City within the preceding four years where the Public Servant personally and substantially participated in the award of the contract.

  5. Waiver by the Public Ethics Commission.

    1. At the request of a current or former Public Servant, the Public Ethics Commission may waive any of the restrictions In Subsections A., B., or C. for members of City boards and commissions whom, by law, must be appointed to represent any profession, trade, business union or association.

    2. At the request of a current or former Public Servant, the Public Ethics Commission may waive the prohibition in Subsection D. if the Commission determines that imposing the restriction would cause extreme financial hardship for the City Public Servant.

2.XX.060 - Perks of office and misuse of city resources or position for private gain.

  1. 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.

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

        1. "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.

        2. "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.

        3. "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.

        4. "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.

    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.

  3. 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.

      1. 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.

      2. Solicitation of Contributions.

        As prohibited by California Government Code Section 3205, a Public Servant or candidate for City of Berkeley 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 Berkeley 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.

    2. As prohibited by California Government Code Section 3205, a Berkeley 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.

    3. Activities While in Uniform. As prohibited by California Government Code Section 3206, a Public Servant shall participate in political activities of any kind while in his or her City work-related uniform.

  4. 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.

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

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

      2. A person who during the prior twelve twenty-four 24 months knowingly attempted to influence the Public Servant in any legislative or administrative action.

    Gift. For purposes of this Subsection D., 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.

  5. 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.

    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.

  6. 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 (F), the following definitions shall apply:

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

      2. "City Officer" shall mean the Mayor, City Council Members, City Manager, 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.

      3. "City Boards or Commission" with decision making authority beyond merely the making of recommendations.

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

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

  7. Exceptions. Subsection F. shall not apply to the following contracts or subcontracts:

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

    2. 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:

    1. An officer or director of a corporation;

    2. A majority shareholder of a closely held corporation;

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

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

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

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

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

    8. A settlement agreement resolving a claim or other legal dispute.

  8. 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.

  9. 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.

2.XX.070 - Fair process.

  1. 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.

  2. 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.

  3. 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 Twenty Four 24 months prior to the time the Public Servant acts on the matter.

  4. Prohibition on Nepotism.

    1. 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 (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.

  5. Non-Interference in Administrative Affairs, except for the purpose of inquiry, the Council and its members shall deal with the administrative service for which the City Manager, Mayor and other appointed or elected officers are responsible, solely through the City Manager, 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 Manager or such other officers, either publicly or privately; nor shall they attempt to coerce or influence the City Manager 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 manager 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 2.10, a member of the Council who violates the provisions of this Subsection E. shall be subject to all other penalties provided in this Act.

2.XX.080 - Public ethics commission role and responsibilities.

  1. Prevention.

    The Commission, in consultation with the City Attorney, shall provide timely advice, assistance, and training to Public Servants and candidates who are subject to the requirements of this Act.

    1. All Public Servants who must file a Form 700 Statement of Economic Interest shall receive training regarding government ethics laws no less than once every two (2) years facilitated by the Public Ethics Commission in partnership with the Office of the City Attorney.

    2. The Commission, in consultation with and with the assistance of the City Attorney shall issue an ethics resource guide for City Public Servants which shall be updated periodically.

  2. Implementation.

    The Commission may adopt, amend, and rescind

    rules and regulations to carry out the purposes and provisions of this Act, subject to Section 2.XX.070 of the Berkeley Municipal Code.

  3. Enforcement.

    A person who violates this Act is subject to criminal, civil, administrative, and other penalties provided for in this Section. In the event criminal violations of the Act come to the attention of the Commission, the Commission may forward the information to the appropriate enforcement agency.

  4. Criminal Penalties.

    Any person who knowingly or willfully violates any provision of this Act is guilty of a misdemeanor. Any person who knowingly or willfully causes any other person to violate any provision of this Act, or who aids and abets any other person in the violation of any provision of this Act shall be liable under the provisions of this Act.

    1. No person convicted of a misdemeanor under this Act shall act as a lobbyist or as a City contractor for a period of four (4) years following the date of the conviction unless the court, at the time of sentencing, specifically determines that this provision shall not be applicable.

    2. For the purposes of this Section, a plea of nolo contendere shall be deemed a conviction.

  5. Civil Penalties.

    Any person who intentionally or negligently violates any provision of this Act shall be liable in a civil action brought by the Public Ethics Commission or the City Attorney for an amount up to five thousand dollars ($5,000.00) per violation, or up to three (3) times the amount the person failed to report properly or unlawfully contributed expended, gave or received, whichever is greater. A civil action brought by the Commission requires an affirmative vote of not less than six (6) members of the Commission.

    1. If two (2) or more persons are responsible for any violation, they shall be jointly and severally liable.

    2. In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the defendant.

  6. Administrative penalties.

    Any person who violates any provision of this Act shall be liable in An administrative proceeding before the Commission held pursuant to the Commission's Complaint Procedures. The Commission may impose administrative penalties in an amount up to five thousand dollars ($5,000.00) per violation, or up to three (3) times the amount the person failed to report properly or unlawfully contributed, expended, gave or received, whichever is greater.

    In addition to administrative penalties, the Commission may issue warnings to or require other remedial measures.

  7. Injunctive Relief.

    The Commission, City Attorney, or any individual residing within the City may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of Sections 2.XX.040, 2.XX.050, 2.XX.060, and 2.XX.070 of this Act.

    Any person, other than the Commission or City Attorney, before filing a civil action pursuant to Subsection C.4., shall first file with the Commission and City Attorney a written request for the Commission and/or City Attorney to commence the action.

    The request shall contain a statement of the grounds for believing a cause of action exists. The Commission and City Attorney shall each respond in writing within ninety (90) days after receipt of the request indicating whether they intend to file an action for injunctive relief. If either indicates in the affirmative and files an action within sixty (60) days thereafter, no other action may be brought unless the action brought by the Commission or City Attorney is dismissed without prejudice.

    If the Commission needs additional time to determine whether to file an action or needs additional time to file the action, the Commission may, by resolution indicating evidence of good cause and notice thereof to the requestor extend the time period by another sixty (60) days. If both the Commission and City Attorney indicate they will not pursue the matter, or if neither entity files an action within the sixty (60) day period following their affirmative response to the requestor, the requestor may file suit for injunctive relief. No resident may bring an action under Subsection C.4. if the Commission commenced administrative action arising out of the same facts, resulting in either the imposition of or stipulation to remedial measures to prevent reoccurrence of the violation or compel compliance

  8. Costs of Litigation.

    The court may award to a party, other than the City or any of its commissions, boards, departments or agencies, who prevails in any civil action authorized by this Act, his or her costs of litigation, including reasonable attorneys' fees. If the costs or fees are awarded against the City, the payment of such award shall be the responsibility of the City.

  9. Limitation of Actions.

    No criminal, civil or administrative action alleging a violation of this Act shall be commenced more than four (4) years after the date of the violation.

    1. Commencement of an administrative action is the date the complaint was filed by another person or the date of the Commission's initial notification to the respondent that a violation has been alleged pursuant to the Commission's Complaint Procedures.

    2. Unless otherwise prescribed by applicable law, the date of the violation means the earliest date when the complainant, Commission, or other prosecuting authority has, or reasonably should have, knowledge of the violation and its cause, and a suspicion of wrongdoing. Suspicion shall be determined from an objective standpoint of what is reasonable for the complainant, Commission, or other prosecuting authority to know or suspect under the facts of the situation.

  10. Violations Related to Enforcement.

    1. False Charges and Information. A person shall not knowingly and intentionally furnish false or fraudulent complaints, evidence, documents, or information to the Public Ethics Commission, District Attorney or City Attorney, or knowingly and intentionally misrepresent any material fact, or conceal any evidence, documents, or information relevant to an investigation by the

      Commission, District Attorney or City Attorney of an alleged violation of this Act.

    2. Duty to Cooperate and Assist. A Public Servant shall cooperate and assist with an investigation into an alleged violation of this Act, upon the request of the Public Ethics Commission, District Attorney or City Attorney. This requirement shall not be construed as requiring the identification of a confidential whistleblower, as defined by the Berkeley Whistleblower Ordinance.

  11. Effect of Act on Prior Violations.

    Enforcement authority established by this Act shall not be applied to alleged violations occurring prior to the effective date of this Act, except as to continuing violations after proper notice.

2.XX.090 - Miscellaneous provisions.

All references to other laws in this Act shall refer to those laws as they may be amended from time to time.

Endnotes

{Public Ethics Commission}

See Proposal for a Public Ethics Commission:

pro-democracy-project/2018/12/17/ethics-commission-draft-1


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