Beginning in January 2023, City Council members will be barred from accepting, soliciting or directing contributions of more than $250 from anyone who had business before their body in the 12 months before or after a final decision in that matter. Anyone found guilty of violating Senate Bill 1439, by Sen. Steve Glazer, D-Orinda, will have 14 days to return the contribution, and only if they did not knowingly solicit the money Violations of the law, as determined by the Fair Political Practices Commission, will be punishable with a fine of up to $5,000. According Glazer, SB 1439 was designed to hold local elected officials to the same standard as elected and appointed state officials as well as local appointees. The law will likely not be applied retroactively to contributions made in 2022. Last month the commission directed its staff to write a formal opinion barring retroactive enforcement. The commission is expected to approve the opinion before the end of the year.

Note that this pertains only to a license, permit, or other entitlement. Up until now, political contributions, which are limited to $2,500 per election cycle in Richmond, were not a cause for recusal by City Council members. A City Council member could accept a contribution from a prospective cannabis dispensary one day and then vote on it the next. Or, it could be a developer seeking an entitlement, or a business seeking a conditional use permit. That will no longer be allowed.