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SRC 06/01/2016 <br />ORDINANCE NO. NS -2902 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA AMENDING CHAPTER 2 OF <br />THE SANTA ANA MUNICIPAL CODE BY ADDING A <br />NEW SECTION 2-111 REQUIRING MAYOR AND <br />COUNCIL MEMBER DISQUALIFICATIONS AFTER <br />RECEIVING A LEGAL DEFENSE FUND <br />CONTRIBUTION <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, <br />determines and declares as follows: <br />A. That the California Political Reform Act permits a local candidate or <br />elected officer to establish a separate fund for legal defense, if the <br />candidate or officer is subject to one or more civil, criminal, or <br />administrative proceedings arising directly out of the conduct of an <br />election campaign, the electoral process, or the performance of the <br />officer's governmental duties. <br />B. That cities have explicit authority to impose limitations, restrictions <br />and/or create consequences in relation to contributions to any separate <br />legal defense fund established by a local candidate or office holder. <br />Section 2. Chapter 2 of the Santa Ana Municipal Code is hereby <br />amended by adding a new Section 2-111 to read as follows: <br />"Sec. 2.111. • Disqualification due to legal defense fund contribution <br />Neither the mayor, nor any councilmember, shall participate in, or use his or <br />her official position to influence a decision to be made by the City Manager or the City <br />Council if it is reasonably foreseeable that the decision will have a material financial <br />effect, apart from its effect on the public generally or a significant portion thereof, on a <br />recent legal defense fund contributor. As used herein, "legal defense fund contributor" <br />means any individual or entity who or which has made a legal defense fund <br />contribution totaling two hundred fifty dollars ($250.00) or more to the mayor or a <br />councilmember or to any campaign committee controlled by the mayor or the <br />councilmember in the twelve-month period immediately preceding the date of the <br />decision. For purposes of this Section 2-111 any individual who has more than a ten <br />percent (10%) equity or revenue interest in the contributing entity, or anyone who is a <br />Ordinance No. NS -2902 <br />Page 1 of 3 <br />