Example Civil Bribery Law

The Clean Government Decisions Ordinance

By David Dilworth*

(I donate this model ordinance to the public domain.)

An Ordinance to Halt Personal Financial Benefit by Political Decisions.

• • Whereas Public Officials must perform their duties in an impartial manner, fully free from any bias caused by their own financial interests and the financial interests of persons who support them; 

• • Whereas government decisions must not be tainted by any interests or loyalties other than for the Public Interest; 

• • Whereas gifts of public funds are prohibited by California’s Constitution; 

• • Whereas all California Public Officials are prohibited from influencing any issue in which they have a financial interest; 

• • Whereas any County Public Official may step down on any issue which comes before them and may refuse any campaign contribution; 

• Whereas no person is ever obligated to contribute to a political campaign;

100. Any Monterey County Public Official is guilty of a harmful political financial conflict of interest who votes upon, makes a final decision upon, or influences, any issue which benefits any person who contributes in any way to the official’s personal or familial benefit, including any of their election campaigns or by any way described by Government Code Section 87103 (included below).

101. Any person is guilty of a harmful political financial conflict of interest when:

(a) They offer, or contribute in any way, directly or indirectly, to that Public Official’s benefit, including any of their election campaigns; and

(b) They, or a client of theirs, receive any benefit, distinguishable from its effect on the public generally, from any issue that Public Official votes on, makes a final decision upon, or advocates upon.

102. No campaign contribution with a value of $20 or more may be deposited or spent until there is a public disclosure of the name, address and employer and the names of the contributor and all persons who solicited the contribution.

103. All votes, approvals, decisions or contracts made by any County Public Official with a harmful political financial conflict of interest are void when made and shall be rescinded as soon as possible after it is affirmed by a court. No reapplication for the same or equivalent proposal may be made for 10 years.

104. Each person found guilty of contributing to a harmful political financial conflict shall pay a fine to the County three times the value to the benefit which would have been reasonably realized by the vote, approval, decision or contract. The fines collected shall be used exclusively for enforcement of this ordinance.

105. Any County Public Official violating this section shall be removed from governmental office and employment, and may never again hold elected or appointed office for, or be employed by, the County of Monterey.

106. If an item must be considered prior to a deadline, but the body does not have the needed quorum due to any Public Official having to recuse themselves by this provision, the item shall be recorded as denied.

107. Before taking office each government official shall prepare and maintain a list of those businesses, people and entities from which she or he and their immediate families have received any financial benefit exceeding $100. This list shall be continually updated no later than every 3 months. The list shall be a public record and published on the web. Any vote cast by a public official in their official position shall be void if their list is in any significant way incomplete.

108. This ordinance should be liberally construed and strictly enforced to accomplish its purposes.

109. There is no statue of limitations for enforcing this ordinance.

110. DEFINITIONS

“Benefit” means financially or by anything of value or advantage, tangible or intangible.

“Any person” includes any member of the person’s immediate family, or their businesses.

“Public Official” means every elected, appointed or employed decision maker for Monterey County including every member, officer, employee or consultant; and their immediate families and their businesses as defined by Government Code Section 87103.

111. SEVERABILITY

If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.

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California Government Code 87103.

A public official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family, or on any of the following:

(a) Any business entity in which the public official has a direct or indirect investment worth two thousand dollars ($2,000) or more.

(b) Any real property in which the public official has a direct or indirect interest worth two thousand dollars ($2,000) or more.

(c) Any source of income, except gifts or loans by a commercial lending institution made in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided or promised to, received by, the public official within 12 months prior to the time when the decision is made.

(d) Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management.

(e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made. The amount of the value of gifts specified by this subdivision shall be adjusted biennially by the commission to equal the same amount determined by the commission pursuant to subdivision (f) of Section 89503.

For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or trust in which the official, the official’s agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or greater.