§ 22.0709 Improper Influence of Outside Professionals and Obstruction of Any Auditor of the City
(a) It shall be unlawful for any elected official, officer, or employee of the City, or anyone acting under their direction, to take any action to coerce or fraudulently influence, manipulate or mislead:
(1) any independent certified public accountant engaged in the performance of an audit of the financial statements of the City or its departments;
(2) any professional retained by the City, including but not limited to, financial advisors, lawyers and accountants, who perform services for the City in connection with the delivery of any offering statement or other disclosure document of the City in connection with the sale of any debt obligations by the City;
(3) any actuary performing an actuarial valuation in connection with the preparation of the City's or San Diego City Employees Retirement System’s Comprehensive Annual Financial Reports; or
(4) any bond rating agency rating the City's bonds or otherwise conducting a credit evaluation of the City’s finances; with the specific intent of rendering such financial statements or other financial information materially misleading.
(b) It shall be unlawful for any elected official, officer, or employee of the City, or anyone acting under their direction, to take any action to coerce or fraudulently influence, manipulate, or mislead any auditor of the City, including the City Auditor, or any staff member of such auditor, in the conduct of an audit with the specific intent of obstructing such audit or rendering any report of such audit materially misleading.
(c) It shall be unlawful for any elected official, officer, or employee of the City, to use his or her official authority or influence to intimidate, threaten, coerce or command, or attempt to do the same, to any elected official, officer, employee of the City or member of a City board or commission who reports on the activities described in section 22.0709(a) or 22.0709(b) or otherwise assists in an investigation of thereof.
(d) Any person who violates section 22.0709(a), 22.0709(b) or 22.0709(c), or who counsels, aids, abets, advises, or participates with another to commit such violation, is guilty of a misdemeanor and is subject to the penalties set forth in Chapter 1 of the Municipal Code.
(Added 9-11-2009 by O-19895 N.S; effective 10-11-2009)
(Renumbered from former Section 22.0711, retitled to “Improper Influence of Outside Professionals and Obstruction of Any Auditor of the City,” and amended 4-22-2015 by O-20474 N.S.; effective 5-22-2015.)