IMPARTIAL ANALYSIS BY THE CITY ATTORNEY OF PROPOSITION LL

     After an official exercises discretion to approve the allocation of a "public benefit" to a recipient, the measure would prohibit that official from receiving a "personal or campaign advantage" from the recipient for a specified time period.  The measure defines "public benefit" as any contract, benefit or arrangement between the City and any person or entity to provide services or goods or to lease property with a value in excess of $25,000, to receive a franchise with gross revenue exceeding $50,000 in twelve months, to confer a tax benefit exceeding $5,000 in twelve months, or to receive cash or the equivalent with a value exceeding $10,000 in twelve months.  The measure defines "personal or campaign advantage" as including any personal benefit or gift worth more than $50, any employment for compensation, and any campaign contribution for any elective office.  If the public benefit is allocated to a corporation or other entity, the prohibition applies to personal benefits received from a person who had a 10% interest in the entity or was a trustee, director, partner or officer when the public benefit was received by or accrued to the entity.

     The prohibition against receiving a gift, contribution or employment would run for two years after the expiration of the term when the official acted to allocate the public benefit, two years after the official's departure from office, or six years from the date the official acted to allocate the public benefit, whichever is first.  Unspecified obligations would be imposed on officials to "practice due diligence" in ascertaining whether public benefits have been conferred and to monitor receipt of personal benefits to avoid violations.

     The measure includes both criminal and civil remedies.  Willful violations would be misdemeanors.  Additionally, City residents would be authorized to bring civil enforcement actions.  Civil remedies would include penalties, restitution to the City, injunctive relief and disqualification from future public office in the City in a case of willful, egregious or repeated violations.  A resident prevailing in a civil action would be entitled to attorney's fees and costs and 10% of any civil penalty, with the balance going to the City's general fund.

     It is unclear how the City would be able to monitor compliance with the measure's requirements.  The cost of monitoring is unclear but would likely be substantial.

     This measure may be subject to a legal challenge.  Such a challenge would likely include constitutional claims because the measure purports to impose stringent limitations upon protected activities, including participation in the electoral process through making and receiving campaign contributions.

PREPARED BY:  Marsha Jones Moutrie, City Attorney
                               Joseph Lawrence, Assistant City Attorney

Notice of Intent to Circulate Petition

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