Sec. 2-309. - Contribution prohibitions.

(a)

When an individual or entity seeks to obtain a "high-profile" discretionary contract as designated by the city, the following individuals shall not make a political contribution to any councilmember or candidate or political action committee that supports or opposes a city councilmember or candidate from the tenth business day after the request for proposal (RFP) or request for qualifications (RFQ) or other solicitation is released, or for a contract for which no competitive solicitation has been issued by the city from the time the city begins negotiations or discussions, and ending on the 30th calendar day following the contract award:

(1)

Any individual seeking a high-profile contract;

(2)

Any owner or officer of an entity seeking a high-profile contract;

(3)

The legal signatory of the high-profile contract;

(4)

Any attorney, lobbyist or consultant hired or retained to assist the individual or entity in seeking a high-profile contract;

(5)

The spouses of any person listed in subsections (1), (2) or (3) of this subsection.

(b)

Any legal signatory for a proposed "high-profile" contract must be identified within the response to a solicitation, if the identity of the signatory will be different from the individual submitting the response. Where no competitive solicitation is being issued by the city, the legal signatory must be identified in writing at the time negotiations are initiated.

(c)

If any individual listed in subsection (a) has made a contribution in violation of this section, the city may not award the contract to that person, or to the entity. Any contract awarded in violation of this provision shall be voidable at the discretion of the city council.

(d)

When an individual or entity applies for a zoning change, the following shall not make a political contribution to any councilmember or candidate or political action committee that supports or opposes a city councilmember or candidate from the time the zoning application is submitted to the city until 30 calendar days after final action on the application by the zoning commission or city council:

(1)

Any individual applying for a zoning change;

(2)

Any owner or officer of an entity applying for a zoning change; or

(3)

The spouse of an individual listed in (1) or (2) of this subsection.

(e)

If any individual listed in subsection (d) has made a contribution in violation of this section, the city may not approve the requested change in the zoning district boundary. Any zoning change granted in violation of this provision shall be voidable at the discretion of the city council.

(f)

In the event that a candidate or officeholder unknowingly accepts a contribution in contravention of the provisions of this section, then it shall be the duty of the candidate or officeholder to return the contribution within five business days after he or she has received notification from city staff that a contribution in violation of this section has been discovered. Candidates and councilmembers who return contributions within the five business days cannot be held liable for violation of this section.

(Ord. No. 99538, § 1, 8-5-04; Ord. No. 100284, § 15, 1-13-05; Ord. No. 2006-03-02-0269, § 1(Exh. A), 3-2-06; Ord. No. 2009-06-25-0553, § 1(Att. A), 6-25-09)