SEC. 49.5.8. GIFTS.

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

   B.   City officials shall comply with the gift requirements and restrictions in the Political Reform Act and California Constitution. When the Political Reform Act’s gift provisions, other than gift limits, refer to a lobbying entity, the reference shall include a City lobbying firm and lobbyist.

   C.   In addition to the state requirements and restrictions identified in Subsection B., City officials shall also comply with the following gift restrictions for restricted sources.

   1.   A City official shall not solicit a gift from a restricted source. A City official shall not accept a gift that exceeds the applicable gift limit from a restricted source.

   2.   A person who is a restricted source to a City official shall not offer or make a gift that exceeds the applicable gift limit to that City official.

   3.   A restricted source shall not act as an agent or intermediary in or arrange for the making of a gift by another person to a City official that exceeds the applicable gift limit.

   4.   The applicable gift limits are as follows:

   a.   For restricted sources identified in Section 49.5.2 J.1.a. or Section 49.5.2 J.2.a., the applicable gift limit is zero.

   b.   For all other restricted sources, the applicable gift limit is one-hundred dollars ($100) per calendar year.

   5.   The applicable gift limits for restricted sources do not apply to the following:

   a.   Items received by a City official from a union representing that City official.

   b.   Food and beverages received by a City official from a union representing a bargaining unit of City officials.

   c.   Items received by a City official acting in an official City capacity from an organization to which the City, the City official, or the City official’s agency belongs as a member.

   d.   Nominal and routine office courtesies received by a City official in a restricted source’s place of business, as long as the courtesies are available to any person who visits that place of business.

   e.   Payments for travel and meals that are made by an organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, a bona fide educational institution as defined by Section 203 of the California Revenue and Taxation Code, or a governmental entity and where the payments are exempt from the gift limits in the Political Reform Act.

   6.   A City official has the duty to determine whether a person is a restricted source to the City official. A person offering or making a gift to a City official has the duty to determine whether the person is a restricted source to that City official.

   a.   For restricted sources identified in Sections 49.5.2 J.1.a. and 49.5.2 J.2.a., the following apply:

   i.   A City official may presume that a person is not a restricted source to the City official if the person is not identified in the electronic filing system for lobbying entities under Section 48.06 B. on the date the gift is offered or made, the City official has conducted a reasonable inquiry into whether the person is a restricted source between database updates, and the City official does not have personal knowledge that the person qualifies as a restricted source.

   ii.   The electronic filing system for lobbying entities is a reference for compliance and enforcement purposes for gifts offered or made as of the date the database was last updated.

   b.   For restricted sources identified in Sections 49.5.2 J.1.b. and 49.5.2 J.2.b., the following apply:

   i.   A City official may presume that a person is not a restricted source to the City official if the person is not identified in the database in Section 49.5.11 B. on the date the gift is offered or made, the City official has conducted a reasonable inquiry into whether the person is a restricted source between database updates, and the City official does not have personal knowledge that the person qualifies as a restricted source.

   ii.   The restricted source gift limit does not apply to sources that are only identified in Section 49.5.2 J.1.b. or Section 49.5.2 J.2.b. until the Ethics Commission and the City Council initially certify that the database in Section 49.5.11 B. provides enough information for a City official to determine whether a person is a restricted source to the City official under Section 49.5.2 J.1.b. or 49.5.2 J.2.b.

   iii.   The database is a reference for compliance and enforcement purposes for gifts offered or made from the date the database is certified through the date the database was last updated.

   c.   For restricted sources identified in Sections 49.5.2 J.1.c., 49.5.2 J.1.d., 49.5.2 J.2.c., and 49.5.2 J.2.d., the following apply:

   i.   A City official may presume that a person is not a restricted source to the City official if the City official has conducted a reasonable inquiry into whether the person is a restricted source and does not have personal knowledge that the person qualifies as a restricted source.

   ii.   The Ethics Commission will not maintain a database.

   d.   A reasonable inquiry includes asking the source, asking a responsible employee in the relevant agency, and reviewing the City Clerk’s council file management system.

   D.   A ticket or pass distributed by an agency to a City official in accordance with Chapter 5 of Los Angeles Administrative Code Division 24 is not a gift to the City official. (Added by Ord. No. 183,731, Eff. 8/4/15.)