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(Amended by Ord. No. 183,236, Eff. 10/30/14.)
A. If a candidate for elected City office, a City controlled committee, a City recall committee, a City ballot measure committee, a City general purpose committee, a committee primarily formed to support or oppose City candidates or ballot measures, or a person who makes independent expenditure communications in City elections and qualifies as a committee under the Political Reform Act that elects to use social media accounts to communicate regarding a City election, the candidate or committee shall include the following statement on each account’s home page: “This account is being used for campaign purposes by [name of candidate or committee].”
1. The statement shall be prominent, in a typeface that is easily legible to an average reader and in a color that contrasts with the background on which it appears.
2. The statement shall be displayed from the time the candidate or committee first begins to use the account for campaign purposes until the election for which it is used is over.
B. An elected City officer may not use a social media account or Web site for campaign purposes if the account or site is paid for, sponsored by, or hosted by the City. If an elected City officer communicates about campaign activity or City business using a social media account or Web site that is not City sponsored, the home page for the account or site shall include the following statement: “This [account or site] is not paid for, sponsored by, or hosted by the City.” The statement shall be prominent, in a typeface that is easily legible to an average reader and in a color that contrasts with the background on which it appears.
(Amended by Ord. No. 183,236, Eff. 10/30/14.)
1. “Approval by an elected City office” means approval of a contract or selection of a pre-qualified list of persons to contract with the City in any of the following circumstances:
a. The elected City officer or the elected City officer’s office is the awarding authority;
b. The contract involves services provided directly to or under the supervision of the elected City officer; or
c. The contract requires approval of the elected City officer or the elected City officer’s office pursuant to City law, executive directive, or City Council action.
The term does not include approval by an elected City officer that is required pursuant to Charter Section 262, 271(d), or 370 for non-proprietary departments, provided that City Council approval is not otherwise required and the elected City offices identified in those Sections are neither the awarding authority nor supervising the services under the contract. The term does include approval by an elected City officer that is required pursuant to Charter Section 262, 271(d), or 370 for contracts with the Harbor, Water and Power, and Airport Departments.
2. “Awarding Authority” means the City Council, a City board, commission, authorized employee, or authorized officer, including those who have control of their own special funds but excluding the City Purchasing Agent when acting pursuant to Section 9.1 of the Los Angeles Administrative Code, who makes or enters into a contract for the provision of goods or services of any kind or nature whatsoever to, for, or on behalf of the City. References to the awarding authority shall include references to staff when working on a matter subject to this Section.
3. “Bidder” means a person who bids on or submits a proposal or other response to a City contract solicitation.
4. “Contract” means any agreement, franchise, lease, non-regulatory permit, land use license or easement, or concession, including any agreement for occasional professional or technical personal services, for the performance of any work or service or construction, the provision of any materials, goods, equipment, or supplies, the sale or purchase of property, the making of grants, or the rendering of any service to the City, including any proprietary department, or to the public where all of the following apply:
a. The contract is let, awarded, or entered into, with, or on behalf of the City or an awarding authority;
b. The contract has an anticipated value of at least $100,000, including exercising all anticipated options; and
c. The contract requires approval by an elected City office.
The term includes any subsequent amendment that, by itself or in combination with the original contract and any other amendments, has an anticipated value of at least $100,000 and requires approval by an elected City office. The term also includes the selection of a pre-qualified list of persons to contract with the City where the request for qualifications includes a not-to-exceed amount of at least $100,000 and the list selection requires approval by an elected City office. The term does not include any contract with another government agency or a contract with an underwriting firm pursuant to Charter Section 609(e) for proprietary noncompetitive sales of revenue bonds.
5. “Contract solicitation” means a request for proposals, request for bids, request for qualifications, or any other request, whether written or verbal, for purposes of entering into a contract. The term does not include a request to enter into a contract that is based on a prior City contract that previously went through a competitive contracting process if the prior contract was subject to the restrictions and the contractor fulfilled its obligations under this section and Charter Section 470
(c)(12).
6. “Principal” means the following with regard to persons who are bidders and sub-contractors:
a. The person’s board chair, president, chief executive officer, chief operating officer, and an individual who serves in the functional equivalent of one or more of those positions;
b. An individual who holds an ownership interest in the person of 20 percent or more; and
c. An individual employee of the bidder or sub-contractor authorized by the bid or proposal to represent the person before the City.
7. “Prohibited fundraising” means the following activities:
a. Asking the bidder, sub-contractor, or an employee, officer, or principal of the bidder or sub-contractor to make a contribution;
b. Inviting the bidder, sub-contractor, or an employee, officer or principal of the bidder or sub-contractor to a fundraising event;
c. Supplying the name of the bidder, sub-contractor, or an employee, officer or principal of the bidder or sub-contractor to be used for an invitation to a fundraising event;
d. Permitting one’s name to appear on a solicitation for contributions or an invitation to a fundraising event sent to the bidder, sub-contractor, or an employee, officer, or principal of the bidder or sub-contractor;
e. Providing the use of one’s home or business to hold a fundraising event if the bidder, sub-contractor or an employee, officer, or principal of the bidder or sub-contractor attends the event;
f. Paying for at least 20 percent of the costs of a fundraising event if the bidder, sub-contractor, or an employee, officer, or principal of the bidder or sub-contractor attends the event;
g. Hiring another person to conduct a fundraising event if the bidder, a sub-contractor, or an employee, officer, or principal of the bidder or sub-contractor attends the event;
h. Delivering a contribution, either in person or by mail, of the bidder, a sub-contractor, or an employee, officer, or principal of the bidder or sub-contractor to the elected City officer, candidate for elected City office, or an agent of the officer or candidate; or
i. Acting as an agent or intermediary in connection with the making of a contribution of the bidder, a sub-contractor, or an employee, officer, or principal of the bidder or sub-contractor to an elected City officer, a candidate for elected City office, or a City controlled committee.
8. “Sub-contractor” means a person who is expected to receive at least $100,000 as a result of performing some or all of a bidder’s contract obligations and includes a subtenant where the subtenant is expected to receive at least $100,000 as a result of performing a portion of the contract obligations of the contractor and is required to pay the contractor at least $100,000.
B. For purposes of Charter Section 470(c)(12), the following apply:
1. Timing of Fundraising and Contribution Restrictions. In addition to the restrictions provided in Charter Section 470
(c)(12), except as otherwise provided in Subsection B.5., bidders, sub-contractors, and principals may not make contributions to or engage in prohibited fundraising for elected City officers, candidates for elected City office, or City controlled committees from the date a bid is submitted until one of the following dates:
a. For unsuccessful bidders, the date the contract is signed or the solicitation is withdrawn or canceled.
b. For successful bidders, 12 months after the contract is signed.
2. Contract Solicitations and Notifications. Each awarding authority shall include in each contract solicitation the form identified in Subsection B.3. and a description of the prohibitions and requirements of Charter Section 470
(c)(12). (Amended by Ord. No. 186,109, Eff. 6/13/19.)
a. The awarding authority shall determine whether the form is complete for responsiveness purposes.
b. The awarding authority may permit bidders to submit the form electronically and to use electronic signatures that comply with California’s electronic signature laws, but an awarding authority may not alter the content of the form.
c. The awarding authority shall electronically submit the form to the Ethics Commission, in a Portable Document Format (PDF) or other electronic format pre-approved by the Ethics Commission, within ten business days of the bid due date. The awarding authority must also comply with the reporting requirements in Section 49.5.11 B.
d. The awarding authority shall either notify bidders who are not awarded a contract of the date that the contract was signed or the contract solicitation was terminated or withdrawn or notify the bidders how they may obtain or request the date that the contract was signed or the contract solicitation was terminated or withdrawn, unless that information is available on a City website.
3. Disclosure Form. As provided in Subsection B.2., every bidder shall file a form with the awarding authority, at the time the bid or other response is submitted, that contains the following information and is submitted under oath:
a. A description of the contract, including any City reference number associated with it, or if selection is of a pre-qualified list, a short description of the services to be provided, including any City reference number associated with it;
b. The name of the awarding authority;
c. The date the bid or other response was submitted to the awarding authority;
d. The name of the bidder;
e. The address of the bidder;
f. The phone number of the bidder;
g. The names and titles of the bidder’s principals;
h. The names of the bidder’s sub- contractors;
i. The names and titles of each sub- contractor’s principals; and
j. A certification that the bidder understands, will comply with, and will notify its principals and sub-contractors of the prohibitions and restrictions in this Section and Charter Section 470(c)(12).
4. Requirement to Amend Form. If the information submitted pursuant to Subsection B.3. or B.5. changes after the form is submitted, the bidder shall amend the form and submit it to the awarding authority within ten business days of the change. (Amended by Ord. No. 186,109, Eff. 6/13/19.)
a. The requirement to amend the form applies whenever the prohibitions and restrictions in Charter Section 470(c)(12) apply to the bidder, including after the contract approval for successful bidders.
b. The awarding authority shall electronically submit the form to the Ethics Commission, in a Portable Document Format (PDF) or other electronic format pre-approved by the Ethics Commission, within ten business days of receipt.
5. Contract Amendments. If a contract amendment requires approval by an elected City officer and, by itself or in combination with the original contract and any other amendments, makes the total anticipated value of the contract $100,000 or more for the first time, the restrictions in Charter Section 470
(c)(12) apply from the date the awarding authority first discusses the amendment and terminates 12 months after the date the amendment is approved, disapproved, or withdrawn. However, the restrictions in Charter Section 470
(c)(12) do not apply to any subsequent amendments if the contract was previously subject to the restrictions and the contractor fulfilled its obligations under this section and Charter Section 470
(c)(12). (Amended by Ord. No. 186,109, Eff. 6/13/19.)
a. The awarding authority shall notify contractors of the requirements in this Section and Charter Section 470(c)(12) at the time the awarding authority first discusses the amendment with the contractor.
b. A contractor shall submit the form identified in Subsection B.3. to the awarding authority within ten business days of the date the awarding authority first discusses the amendment with the contractor. The awarding authority shall determine whether the form is complete.
c. The awarding authority shall electronically submit the form to the Ethics Commission, in a Portable Document Format (PDF) or other electronic format pre-approved by the Ethics Commission, within ten business days of receiving the form from the contractor. The awarding authority must also comply with the reporting requirements in Section 49.5.11 B.
d. This provision does not apply to the exercise of an option that has been previously approved in a written contract.
6. Business Assistance Virtual Network. In the event that the City’s Business Assistance Virtual Network or similar electronic system is used by a bidder to submit the forms required by this section to the awarding authority and the Business Assistance Virtual Network or similar electronic system sends the submitted data and the forms to the Ethics Commission, the awarding authority shall not be required to submit the form to the Ethics Commission.
C. Violations and Debarment.
1. In addition to any other penalties or remedies established by this Article, a person who is found to have violated or aided and abetted a violation of this Section or Charter Section 470(c)(12) shall not be eligible to bid on or be considered for a contract, extension, or amendment unless the Ethics Commission, as a body, determines that mitigating circumstances exist concerning such violation. Debarment also applies to an entity that has the same or similar management, ownership, or principal employees as the debarred person and is organized after the proceeding that results in the person’s debarment has been initiated.
2. The Ethics Commission, as a body, shall determine whether mitigating circumstances apply whenever a violation of this Section or Charter Section 470(c)(12) is determined to have occurred. If the Ethics Commission determines that mitigating circumstances do not exist, the person found to be in violation shall be debarred for the following periods of time after the Ethics Commission’s determination:
a. One year for the first violation;
b. Two years for the second violation;
c. Three years for the third violation; and
d. Four years for the fourth and subsequent violations.
3. The Ethics Commission may adopt regulations regarding mitigating circumstances, including what constitutes mitigating circumstances and any other information determined to be necessary.
4. The Ethics Commission staff shall notify all agencies, departments, board and offices of a determination of debarment within ten business days of the determination. The Ethics Commission’s determination regarding debarment is final as to all offices, departments, boards, and agencies and may not be waived.
5. If an awarding authority has an existing contract with a person who is identified in a debarment notice from the Ethics Commission staff, the awarding authority shall determine in writing and, if the awarding authority is a City board, commission, or City Council, at a public meeting whether it is the best interests of the City to terminate the contract.
6. An awarding authority shall not determine whether a violation of this Article or any other City law regarding campaign financing, lobbying, or governmental ethics has occurred.
7. A person who fails to submit a complete disclosure form as required by this Section shall be deemed nonresponsive. However, an awarding authority may award the contract to a bidder who did not submit a complete disclosure form under the following circumstances:
a. The contract is a sole source contract for work (as defined in U.S. copyright law) that is protected under an exclusive copyright interest or a subject matter (as defined in U.S. patent law) that is protected by a U.S. patent or a foreign patent that is enforceable in the United States; and
b. Before awarding the contract, the awarding authority does the following:
i. Makes a written finding that entering into the contract is in the best interests of the City; and
ii. Notifies the contractor that the contractor, sub-contractor, and principals that, notwithstanding the failure to complete the disclosure form, they are not relieved of their obligations to comply with the requirements of the Charter and this Section or the penalties that may result from failing to comply with those requirements.
(Amended by Ord. No. 183,236, Eff. 10/30/14.)
1. “Prohibited Fundraising” means the following activities:
a. Asking the underwriting firm, sub-contractor, or an employee, officer, or principal of the underwriting firm or sub-contractor to make a contribution;
b. Inviting the underwriting firm, sub-contractor, or an employee, officer, or principal of the underwriting firm or sub-contractor to a fundraising event;
c. Supplying the name of the under-writing firm, sub-contractor, or an employee, officer, or principal of the underwriting firm or sub-contractor to be used for an invitation to a fundraising event;
d. Permitting one’s name to appear on a solicitation for contributions or an invitation to a fundraising event sent to the underwriting firm, sub-contractor, or an employee or officer of one of those persons;
e. Providing the use of one’s home or business to hold a fundraising event if the under- writing firm, sub-contractor, or an employee, officer, or principal of the underwriting firm or sub-contractor attends the event;
f. Paying for at least 20 percent of the costs of a fundraising event if the underwriting firm, sub-contractor, or an employee, officer, or principal of the underwriting firm or sub-contractor attends the event;
g. Hiring another person to conduct a fundraising event if the underwriting firm, sub- contractor, or an employee, officer, or principal of the underwriting firm or sub-contractor attends the event;
h. Delivering a contribution, either in person or by mail, of the underwriting firm, sub-contractor, or to an employee, officer, or principal of the underwriting firm or sub-contractor to an elected City officer, a candidate for elected City office, or an agent of the officer or candidate; or
i. Acting as an agent or intermediary in connection with the making of a contribution by the underwriting firm, sub-contractor, or to an or employee, officer, or principal of the underwriting firm or sub-contractor to an elected City officer, a candidate for elected City office, or a City controlled committee.
2. “Sub-contractor” means a person who is expected to receive at least $100,000 as a result of performing some or all of the underwriting firm’s contract obligations but does not include an underwriting firm member of the syndicate in the applicable revenue bond sale.
3. “Underwriting firm” means any firm that seeks to provide underwriting services for noncompetitive sales of revenue bonds for the Airport, Harbor, or Water and Power Departments as provided in Charter Section 609 in response to a solicitation from an awarding authority.
B. For purposes of Charter Section 609(e), the following apply:
1. Timing of Fundraising and Contribution Restrictions. In addition to the restrictions provided in Charter Section 609(e), underwriting firms, sub-contractors, and principals may not make any contributions to or engage in prohibited fundraising for elected City officers, candidates for elected City office, or City controlled committees from the date a response is submitted to a solicitation to be included on a pre-qualified list of underwriters or any subsequent solicitation for selection of an underwriter until one of the following dates:
a. For underwriting firms that are not selected to be on the pre-qualified list, the date the list selection is made.
b. For underwriting firms that are on the pre-qualified list, but not selected to contract after a subsequent solicitation, and are not members of the syndicate providing underwriting services on the sale of the revenue bonds, 12 months following the date of the list selection, and following the solicitation, on the date of the selection of the underwriting firm for a noncompetitive bond sale, or the date the solicitation is withdrawn or canceled.
c. For underwriting firms that are on the pre-qualified list, and are selected to contract after a subsequent solicitation, or are members of the syndicate providing underwriting services on the sale of the revenue bonds, 12 months following the date of the list selection, and 12 months after the underwriter selection is made.
2. Contract Solicitations and Notifications. Each awarding authority shall include in each contract solicitation for underwriting firm services regarding a noncompetitive sale for revenue bonds, including selection of a pre-qualified list of underwriters, the form identified in Subsection B.3. and a description of the prohibitions and requirements in the City Charter Section 609
(e) and this Section. (Amended by Ord. No. 186,109, Eff. 6/13/19.)
a. The awarding authority shall determine whether the form is complete for responsiveness purposes.
b. The awarding authority may permit bidders to submit the form electronically and to use electronic signatures that comply with California’s electronic signature laws, but an awarding authority may not alter the content of the form.
c. The awarding authority shall electronically submit the form to the Ethics Commission, in a Portable Document Format (PDF) or other electronic format pre-approved by the Ethics Commission, within ten business days of the bid due date. The awarding authority must also comply with the reporting requirements in Section 49.5.11 B.
d. The awarding authority shall notify each underwriting firm that is not selected as pre- qualified underwriter or not selected as the underwriter on a particular noncompetitive sale of revenue bonds, the date the selection was made, terminated, or withdrawn, unless that information is available on a City website.
3. Disclosure Form. Every underwriting firm seeking to provide services regarding noncompetitive sales of revenue bonds under Charter Section 609
(e) shall file a form with the awarding authority, at the time the response is submitted, the following information is submitted under oath:
a. A description of the contract, including any City reference number associated with it, or if selection is of a pre-qualified list, a short description of the services to be provided, including any City reference number associated with it;
b. The name of the awarding authority;
c. The date the bid or other response was submitted to the awarding authority;
d. The name of the underwriting firm;
e. The address of the underwriting firm;
f. The phone number of the underwriting firm;
g. The names and titles of the underwriting firm’s principals;
h. The names of the underwriting firm’s sub-contractors;
i. The names and titles of each sub- contractor’s principals; (Amended by Ord. No. 182,362, Eff. 1/30/13.)
j. A certification that the underwriting firm understands, will comply with, and will notify its principals and sub-contractors of the prohibitions and restrictions in this Section and Charter Section 609
(e); and (Amended by Ord. No. 182,362, Eff. 1/30/13.)
k. A certification that the underwriting firm and its principals have not made prohibited gifts or contributions during the 12 months prior to selection for a contract, unless the matter is only a selection of a pre-qualified list of underwriters.
4. Requirement to Amend Form. If the information submitted pursuant to Subsection B.3. changes after the form is submitted, the underwriting firm shall amend the form and submit it to the awarding authority within ten business days of the change. (Amended by Ord. No. 186,109, Eff. 6/13/19.)
a. The requirement to amend the form applies whenever the prohibitions and restrictions in Charter Section 609(e) apply to the underwriting firm, including after the contract approval for underwriting firms that are selected or are performing underwriting service as a member of a syndicate on the revenue bond sale.
b. The awarding authority shall electronically submit the form to the City Ethics Commission, in a Portable Document Format (PDF) or other electronic format pre-approved by the Ethics Commission, within ten business days of receipt. (Amended by Ord. No. 183,414, Eff. 3/13/15.)
5. Business Assistance Virtual Network. In the event that the City’s Business Assistance Virtual Network or similar electronic system is used by a bidder to submit the forms required by this Section to the awarding authority and the Business Assistance Virtual Network or similar electronic system sends the submitted data and the forms to the Ethics Commission, the awarding authority shall not be required to submit the form(s) to the City Ethics Commission.
6. Violations and Debarment. The provisions of Section 49.7.35 C. shall also apply to violations of this Section and Charter Section 609(e).
(Added by Ord. No. 186,477, Eff. 1/23/20.)
A. Definitions. For purposes of this Section, the following definitions apply:
1. “Applicant” means a person who is identified as the applicant on an application filed with the Planning Department for a Significant Planning Entitlement as defined in Subsection A.6. below and includes any subsequent person identified as the applicant.
2. “Owner” means a person identified as a property owner in conjunction with the application for a significant planning entitlement.
3. “Planning Department” means the Los Angeles Department of City Planning.
4. “Principal” means the following:
a. A restricted developer’s board chair, president, chief executive officer, chief financial officer, chief operating officer of a person, and any individual who serves in the functional equivalent of one or more of these positions;
b. A person who holds an ownership interest of 20 percent or more in a restricted developer; and
c. An individual authorized to represent a restricted developer before the Planning Department concerning the significant planning entitlement.
5. “Restricted developer” means any applicant or owner.
6. “Significant planning entitlement” means the following planning approvals that are not solely ministerial:
a. Density Bonus, On Menu;
b. Density Bonus, Off Menu;
c. Development Agreement;
d. General Plan Amendment;
e. Height District Change;
f. Major Development Projects;
g. Oil Drilling District Establishment;
h. Sign District Establishment;
i. Site Plan Review;
j. Specific Plan Establishment;
k. Tentative Tract Map;
l. Transfer of Floor Area Rights;
m. Transit Oriented Communities Affordable Housing Incentive;
n. Vesting Tentative Tract;
o. Vesting Zone Change;
p. Zone Change; and
q. Zone Variance where Area Planning Commission or Citywide Planning Commission is the initial decision maker.
B. Restriction. A restricted developer or principal shall not make a contribution to the Mayor, City Attorney, member of City Council, or a candidate or a City controlled committee for these elected City offices.
C. Timing of Contribution Restrictions. The restrictions in Subsection B. apply from the time an application is submitted until 12 months after the date a letter of determination is issued, or if none, the date the decision on the application is final. If the application is withdrawn or terminated pursuant to the Zoning Code, the restriction applies until the day after the termination or the filing of the withdrawal.
D. Disclosure.
1. The Planning Department shall notify every applicant of the requirements of this Section.
2. At the time an application for a significant planning entitlement is submitted, the applicant shall file the following information:
a. A brief description of the project, including any City reference number associated with it and the address or APN of the project site;
b. The date the application was submitted;
c. The applicant’s name, address, phone number, and email address;
d. The name, address, phone number, and email address of each owner;
e. The names and titles of all of the principals; and
f. A certification under penalty of perjury that the information submitted is true and complete and that the applicant understands, will comply with, and will notify all owners and principals of the prohibitions in Subsections B. and C.
3. The information shall be filed through an electronic database created by the Ethics Commission in the method required by the Ethics Commission.
4. Notwithstanding any other provision of this Code, an application is not complete until the applicant has filed the information required by this Section, unless State law provides otherwise. A receipt from the Ethics Commission confirming the applicant’s certified filing is sufficient for evidence of completeness of an application for purposes of the Permit Streamlining Act, but it shall not be considered a determination that the applicant has complied with the requirements of this Section.
5. If the information filed pursuant to Subsection D. changes after the information required under this section is submitted, the applicant shall update its filing within ten business days after the change. The requirement to amend applies as long as the restriction in Subsection B. applies.
E. Violations. In addition to any other penalties or remedies established by this Article, an applicant, owner, or principal found to have violated or have aided or abetted a violation of Subsections B. or C., may not be an applicant, owner, or principal on a new application for 12 months after the determination of violation by the Ethics Commission, unless the Ethics Commission, as a body, determines that mitigating circumstances exist concerning the violation. The Ethics Commission may adopt regulations regarding mitigating circumstances, including what constitutes mitigating circumstances and any other information determined to be necessary. The Ethics Commission staff shall notify the Planning Department of a determination of violation within ten business days after the determination by the Ethics Commission.
(Renumbered by Ord. No. 186,477, Eff. 1/23/20.)
A. Criminal Enforcement.
1. A person who knowingly or willfully violates a provision of this Article is guilty of a misdemeanor. Any person who knowingly or willfully causes another person to violate a provision of this Article, or who aids and abets another person in the violation of a provision of this Article, is liable under the provisions of this Section.
2. Prosecution of a violation of this Article shall be commenced within four years after the date of the violation.
3. A person convicted of a misdemeanor under this Article may not act as a City lobbyist or as a City contractor for four years following the date of the conviction, unless the court specifically determines at the time of sentencing that this provision should not be applied. For purposes of this Subsection, a plea of nolo contendere is a conviction.
B. Civil Actions.
1. A person who intentionally or negligently violates a provision of this Article is liable in a civil action brought by the City Attorney, the Ethics Commission, or a person residing within the City. The amount of liability may not exceed the greater of $5,000 per violation or three times the amount the person failed to properly report or unlawfully contributed, expended, gave, or received.
2. If two or more persons are responsible for a violation, they are jointly and severally liable.
3. Before filing a civil action pursuant to this Subsection, a person other than the City Attorney shall first file with the Ethics Commission a written request for the Ethics Commission to commence an action. The request shall contain a statement of the grounds for believing a cause of action exists. The Ethics Commission shall respond within 40 days after receiving the request and indicate whether it intends to file a civil action. If the Commission indicates in the affirmative and files an action within 40 days after the response, no other action may be brought unless the action brought by the Ethics Commission is dismissed without prejudice.
4. 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. If a judgment is entered against the defendant or defendants in an action, a private plaintiff shall receive 50 percent of the amount recovered. The remaining 50 percent shall be deposited into the City’s General Fund. In an action brought by the City Attorney or the Ethics Commission, the entire amount shall be paid to the City’s General Fund.
5. An action alleging a violation of this Article may not be filed more than four years after the date the violation occurred.
C. Injunctive Relief. A person residing within the City, including the City Attorney, may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this Article.
D. Costs of Litigation. In a civil action, the court may award to a prevailing party, other than an agency, the party’s costs of litigation, including reasonable attorneys’ fees. If the costs or fees are awarded against the City, the payment of the award is the responsibility of the City, subject to City Council approval.
E. Administrative Penalties. The Ethics Commission may impose penalties and issue orders for violations of this Article pursuant to its authority under Charter Section 706
(c).
F. Liability.
1. In addition to a committee itself, persons who qualify under the Political Reform Act as principal officers of the committee are jointly and severally liable for violations by the committee. For City committees controlled by a candidate for elected City office, the candidate and the committee treasurer are deemed to be principal officers. (Amended by Ord. No. 183,236, Eff. 10/30/14.)
2. In addition to a person whose conduct is required or prohibited under this Article, an agent acting on behalf of that person is jointly and severally liable for a violation that arises out of the agent’s actions. There is a rebuttable presumption that the following persons are agents of a committee:
a. A current or former officer of the committee;
b. An employee of the committee;
c. A person who has received compensation or reimbursement from the committee; and
d. A person who holds or has held a position within the committee organization that reasonably appears to be able to authorize expenditures for committee activities.
3. This Subsection does not limit potential liability for persons who cause another person to violate this Article or who aids and abets another person in a violation as described in Charter Section 706.
(Renumbered by Ord. No. 186,477, Eff. 1/23/20.)
In addition to any other penalties, a person who files an original statement or report after a deadline imposed by this Article is liable to the Ethics Commission in the amount of $25 per day after the deadline until the statement or report is filed, up to a maximum of $500. Liability need not be enforced by the Ethics Commission if its Executive Officer determines that the late filing was not willful and that enforcement of the liability will not further the purposes of the Article. Liability may not be waived if a statement or report is not filed within 30 days after receiving notice from the Ethics Commission staff that the statement or report is past due.
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