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Ch. Art. Div. <br />2 7 35 17 <br /> <br />San Diego Municipal Code Chapter 2: Government <br />(4-2019) <br /> <br /> <br /> <br />§27.3564 Misuse of City Position or Resources <br />(a) It is unlawful for any City Official to use his or her position or prospective <br />position, or the power or authority of his or her office or position, in any <br />manner intended to induce or coerce any person to provide, directly or <br />indirectly, anything of value which shall accrue to the private advantage, <br />benefit, or economic gain, of the City Official or his or her immediate family. <br />As used in this section, the term “private advantage, benefit, or economic <br />gain” means any advantage, benefit, or economic gain, distinct from that <br />enjoyed by members of the public without regard to official status or not <br />resulting naturally from lawful and proper performance of duties. A City <br />Official engages in a prohibited use of his or her official position or <br />prospective position when he or she engages in activities other than in the <br />lawful and proper performance of his or her City duties. <br /> <br />(b) It is unlawful for any City Official to engage in campaign-related activities, <br />such as fund-raising, the development of electronic or written materials, or <br />research, for a campaign for any elective office using City facilities, <br />equipment, supplies, or other City resources. <br />(c) It is unlawful for any City Official to induce or coerce, or attempt to induce or <br />coerce any other person to engage in any activity prohibited by subsections <br />(a) and (b). <br />(d) It is unlawful for any City Official to engage in outside employment during <br />any hours he or she is receiving compensation to engage in City business. <br />(e) It is unlawful for any current or former City Official to use or disclose to any <br />person any confidential information he or she acquired in the course of his or <br />her official duties, except as authorized by law. <br /> <br />(f) Nothing in this section shall prohibit the use of City resources to provide <br />information to the public about the possible effects of any bond issue or other <br />ballot measure relating to City activities, operations, or policies, provided that: <br /> <br />(1) the use of public resources is otherwise legally authorized; and <br />(2) the information provided constitutes a fair and impartial presentation <br />of relevant facts to aid the electorate in reaching an informed judgment <br />regarding the bond issue or ballot measure. <br />(“Misuse of City Position or Resources” added 4-29-2002 by O-19055 N.S.) <br />(Amended 10-15-2013 by O-20302 N.S.; effective 11-14-2013.) <br />(Amended 12-10-2018 by O-21023 N.S.; effective 1-9-2019.)