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Item 37 - Discuss and Consider Prepare an Ordinance Prohibiting Contracts with City Officials and their Immediate Family Members
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Item 37 - Discuss and Consider Prepare an Ordinance Prohibiting Contracts with City Officials and their Immediate Family Members
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11/13/2024 2:34:51 PM
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Agenda Packet
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City Council
Item #
37
Date
11/19/2024
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Proposal for Policy on Prohibiting Contracts with City Officials and Immediate Family <br />Members <br />October 15, 2024 <br />Page 2 <br />Government Code Section 1090 <br />Prohibits public officials from being financially interested in contracts made by them in <br />their official capacity. This law aims to prevent public officials from using their positions <br />for personal financial gain and ensures the integrity of public contracting. <br />California Political Reform Act <br />Requires public officials to disclose their financial interests and prohibits them from <br />making, participating in, or attempting to influence governmental decisions in which they <br />have a financial interest. <br />City of Santa Ana Code of Ethics and Conduct <br />As outlined in the City's Code of Ethics and Conduct, public officials must maintain the <br />highest standards of integrity and fairness. This includes excusing themselves from <br />participating in decisions that may affect their financial interests or those of their <br />immediate family members. <br />Proposed Policy Recommendations <br />To ensure the integrity of the City of Santa Ana's contracting processes and to prevent <br />potential conflicts of interest, the following policy recommendations are proposed. <br />These measures are designed to prohibit City officials and their immediate family <br />members from engaging in contracts with the City, while promoting transparency, <br />fairness, and accountability. <br />Prohibition on Contracts with City Officials <br />City officials, including councilmembers and members of boards and commissions, shall <br />be prohibited from entering into any contract or agreement with the City of Santa Ana, <br />either directly or indirectly, during their term of service. <br />Immediate Family Prohibition <br />The policy should extend to immediate family members of City officials. This includes <br />spouses, domestic partners, dependent children, and any other family members who <br />may benefit from City contracts. <br />Mandatory Disclosure and Recusal <br />City officials must disclose any financial interest they or their immediate family members <br />may have in a business or organization that seeks to enter into a contract with the City. <br />In such cases, the official must recuse themselves from any discussions, negotiations, <br />or votes related to the contract. <br />Transparency and Public Reporting <br />All contracts awarded by the City shall be publicly disclosed, and any potential conflicts <br />of interest should be reviewed by an independent ethics body. This ensures that the <br />public remains informed about the City's contracting processes.
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