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NS-1198
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Last modified
1/3/2012 1:04:53 PM
Creation date
6/26/2003 10:08:05 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1198
Date
2/25/1974
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ORDINANCE NO. NS-1198 <br />PAGE TWO <br /> <br />would be required to disqualify himself under Section 3625(b) <br />on a continuous and regular basis from activities and actions <br />which constitute a major and significant portion of his offi- <br />cial duties and thereby impair his ability to function effec- <br />tively and fulfill the duties of the office. <br /> <br />Sec. 2-314. Same - Material Economic Effect. <br /> <br /> An action or decision shall not be deemed to have a <br />material effect on an economic interest unless the official <br />has reason to believe that, by reason of the action or decision, <br />an investment, or interest in real property, may increase or <br />decrease in value, other than negligibly, or a business entity <br />from which the official derives income or in which he holds a <br />position of employment or management will gain or lose monetarily, <br />other than negligibly. An increase or decrease of less than one <br />percent of the value of an investment, interest in real property, <br />or business entity, shall be deemed negligible. <br /> <br />Sec. 2-315. Same - Ministerial and Clerical Duties. <br /> <br /> Section 3625(b) shall apply only to actions which involve <br />discretion or judgment. It does not apply to actions which are <br />solely ministerial or clerical. <br /> <br />Sec. 2-316. Same - Participation. <br /> <br /> (a) The terms "participate," and <br />used in Section 3625(b) shall be deemed <br />limitation, the following: <br /> <br />"attempt to influence" <br />to include, without <br /> <br />as <br /> <br />l. Participation in debate or deliberations or voting. <br />2. Preparation of oral or written reports. <br />3. Rendition of oral or written advice. <br />4. Testimony before a public agency as a part of <br /> official duties. <br />5. Discussions with any official who must decide <br /> the matter. <br />6. Submission of letters or other documents to any <br /> official who must decide the matter. <br />7. Issuance or denial of official approvals. <br /> <br /> (b) Nothing contained herein or in Section 3625 shall <br />abridge the right of any citizen, whether or not a public offi- <br />cial, to submit information or express views on the same basis <br />as any other private citizen, provided such is done in public <br />and the person indicates that he is acting in a private capacity. <br /> <br /> (c) An official directly involved in a matter, whether as <br />a party, an applicant or otherwise, may, in his private capacity, <br />provide whatever information is necessary and perform any other <br />steps which are required of other citizens in the same situation, <br />individually or by counsel. He may not, however, discuss the <br />matter privately with officials who must decide the matter. <br /> <br />Sec. 2-317. Same - Necessity. <br /> <br /> (a) An official shall not be subject to Section 3625(b) <br />with respect to any matter which cannot be legally acted upon <br />or decided without his participation. <br /> <br /> <br />
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