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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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City Clerk
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Agenda Packet
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City Council
Item #
37
Date
11/19/2024
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CITY ATTORNEY <br />Sonia R. Carvalho <br />CITY MANAGER <br />Alvaro Nuñez <br />CITY CLERK <br />Jennifer L. Hall <br />20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 <br />TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org <br />Implementation Measures <br />1. Prepare the Ordinance <br />The City Attorney's Office should be tasked with drafting the ordinance that incorporates <br />these prohibitions and safeguards. This will ensure that the policy aligns with existing <br />state and local laws. <br />To assist the City Attorney’s Office with this task, attached are three similar policies <br />from California cities, each of which prohibit awarding contracts to City officials: <br />City of Los Angeles: The city has strict ethics rules under its Governmental Ethics <br />Ordinance that prohibit city officials, including members of boards and <br />commissions, from benefiting from city contracts. The Los Angeles City Charter <br />(Section 371) prohibits city officers and employees from having any interest in <br />contracts with the city. (Exhibit 1) <br />City and County of San Francisco: The San Francisco Campaign and <br />Governmental Conduct Code also restricts city officers, including members of <br />boards and commissions, from entering into contracts with the city. This is <br />intended to prevent conflicts of interest and ensure transparency in government. <br />(Exhibit 2) <br />City of San Diego: The San Diego Municipal Code contains rules that restrict city <br />officials, including commission members, from having a financial interest in city <br />contracts. These restrictions align with California's broader conflict-of-interest <br />laws. (Exhibit 3) <br />2. Create an Independent Ethics Review <br />An independent ethics committee/commission, whether a standing body or ad hoc <br />committee, should be utilized to review any potential conflicts of interest and ensure <br />compliance with the policy. This committee would have the authority to investigate and <br />recommend actions in cases where violations are suspected. <br />Conclusion <br />Implementing this policy would further strengthen public confidence in the integrity of <br />Santa Ana's contracting processes. By aligning with Government Code Section 1090, <br />the Political Reform Act, and the City's Code of Ethics and Conduct, Santa Ana will <br />continue to demonstrate its commitment to ethical governance and the responsible use <br />of taxpayer dollars. <br />SUBMITTED BY <br />Councilmember Jessie Lopez
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