50B - ORD - LEGAL DEFENSE FUND - Laserfiche WebLink

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Proposed ordinance creating disqualification of Mayor or Councilmembers after receiving a legal defense fund contribution June 21, 2015 Page 2 Coda § 55304.5(a) -(b). Legal defense funds may not be used toward expenses for fundralsing, media or political consulting fees, mass mailing or other advertising. Gov, Code § 55304.5(d) (referring to Gov, Code § 55304). Nor may they be used for the payment or reimbursement for a fine, penalty, judgment, or settlement. Gov. Code § 85304.5(d) (referring to Gov. Coda § 35304), Local agencies have explicit authority to place limitations on contributions to any separate legal defense fund established by a local candidate or office holder. At the May 19, 2015 Code of Conduct and Ethics Council Committee meeting, the Committee directed staff to prepare an ordinance for the adoption of legal defense fund contribution disquallflcatlon rules for the Mayor and Counollmembers that are similar to the City Charter disqualification that results from campaign contributions. The Intent of the ordinance is to limit the perception of undue Influence. As such, the proposed ordinance provides that neither the Mayor, nor any Councilmember shall participate in or influence any City Manager or City Council decision where that decision may have a financial impact on any person or any entity that has made a legal defense fund contribution of $250,00 to the Mayor or Councilmember or any committee controlled by them. The proposed ordinance extends the disqualification for any Individual who has more than a 10 percent Interest in any entity, or is a director, partner or officer of any entity that made a contribution and may receive a financial benefit from such a decision, STRATEGIC PLAN ALIGNMENT n/a FISCAL IMPACT There Is no fiscal Impact associated with this action, A" A-) V� &MOW- Sonia R. Carvalho City Attorney 50B -2