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HomeMy WebLinkAboutNS-1198ORDINANCE NO. NS-1198 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING GUIDELINES FOR IMPLEMENTATION OF THE GOVERNMENTAL CONFLICT OF INTERESTS ACT, DECLARING THE URGENCY THEREOF, AND PROVIDING FOR IMMEDIATE EFFECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The Santa Ana Municipal Code is hereby amended by adding sections to be numbered 2-310 through 2-320, which said sections read as follows: Sec. 2-310. Conflict of Interests Guidelines Purpose and Effect. Pursuant to Section 3626 of the Government Code, the City Council hereby adopts the following guidelines for Santa Ana public officials in their determination of whether they have an econo- mic interest or interests which are in substantial conflict with their official duties and powers under Section 3625(a) and in determining whether they have an economic interest in mat- ters for purposes of Section 3625(b). Nothing contained herein is intended to modify or abridge the provisions of the Govern- mental Conflict of Interests Act, Sections 1090 through 1097 or any other pro¥isions of law pertaining to conflict of in- terests. This ordinance shall be interpreted in a manner con- sistent therewith. Nothing contained herein shall be deemed adopted pursuant to or in implementation of Section 3603 or Section 3704. All numerical section references cited in the body of this ordinance are to the Government Code unless other- wise specified. Sec. 2-311. Same Designation of Officials. The "public officials," appointive officers" subject are: "officials," and "elective and to the provisions of Section 3625 City Council City Manager City Attorney Clerk of the Council Director of Finance Director of Public Works Director of Planning Director of Building Safety and Housing 9. Director of Recreation and Parks 10. Assistant City Manager ll. Assistant to the City Manager 12. Fire Chief 13. Police Chief 14. Heads of all other City Departments now existing or established in the future 15. Members of Appointive Boards and Commissions Sec. 2-312. Same Acting Officials. The provisions of Sec. 3625 also apply to persons speci- fically designated by the Council to hold the positions enu- merated in the preceding section in an acting capacity but not otherwise to deputies or assistants not enumerated. Sec. 2-313. Same - Substantial Conflict. An economic interest in substantial conflict with the pro- per exercise of an official's duties within the meaning of Sec- tion 3625(a) shall not be deemed to exist unless the official ORDINANCE NO. NS-1198 PAGE TWO would be required to disqualify himself under Section 3625(b) on a continuous and regular basis from activities and actions which constitute a major and significant portion of his offi- cial duties and thereby impair his ability to function effec- tively and fulfill the duties of the office. Sec. 2-314. Same - Material Economic Effect. An action or decision shall not be deemed to have a material effect on an economic interest unless the official has reason to believe that, by reason of the action or decision, an investment, or interest in real property, may increase or decrease in value, other than negligibly, or a business entity from which the official derives income or in which he holds a position of employment or management will gain or lose monetarily, other than negligibly. An increase or decrease of less than one percent of the value of an investment, interest in real property, or business entity, shall be deemed negligible. Sec. 2-315. Same - Ministerial and Clerical Duties. Section 3625(b) shall apply only to actions which involve discretion or judgment. It does not apply to actions which are solely ministerial or clerical. Sec. 2-316. Same - Participation. (a) The terms "participate," and used in Section 3625(b) shall be deemed limitation, the following: "attempt to influence" to include, without as l. Participation in debate or deliberations or voting. 2. Preparation of oral or written reports. 3. Rendition of oral or written advice. 4. Testimony before a public agency as a part of official duties. 5. Discussions with any official who must decide the matter. 6. Submission of letters or other documents to any official who must decide the matter. 7. Issuance or denial of official approvals. (b) Nothing contained herein or in Section 3625 shall abridge the right of any citizen, whether or not a public offi- cial, to submit information or express views on the same basis as any other private citizen, provided such is done in public and the person indicates that he is acting in a private capacity. (c) An official directly involved in a matter, whether as a party, an applicant or otherwise, may, in his private capacity, provide whatever information is necessary and perform any other steps which are required of other citizens in the same situation, individually or by counsel. He may not, however, discuss the matter privately with officials who must decide the matter. Sec. 2-317. Same - Necessity. (a) An official shall not be subject to Section 3625(b) with respect to any matter which cannot be legally acted upon or decided without his participation. ORDINANCE NO. NS-ll98 PAGE THREE (b) Section 3625(d) shall apply where: A statutory quorum or a simple majority cannot be achieved by continuance for a reasonable time or within legally mandated time limits: or More than a simple majority vote is required to take a proposed action and the number of officials entitled to vote is less than the number of votes required for the action to be taken; or 3. The official is, by law, the sole officer who can per- form the action or make the decision. (c) In cases where Subsections 2-317(b)(1) or of this ordinance apply, all otherwise disqualified shall be entitled to participate. 2-317(b)(2) officials (d) In all cases involving exceptions hereunder, the offi- cial shall comply with Section 3625(d). Sec. 2-318. Same - Disqualification. An Section which di official who refrains from acting in accordance with 3625(b) need not declare the nature of the interest squalifies him. Sec. 2-319. Same - Interpretation. An official who is unsure of the application or nature of the prohibitions contained in Section 3625 may secure a written opinion from the City Attorney. When said opinion is complied with in good faith belief that it is consistent with the provi- sions of the Governmental Conflict of Interests Act and these guidelines, he shall thereafter be entitled to rely on said opinion in discharging his official duties and shall be exempt from the civil penalties of Section 3751 and the sanctions of Section 3753. Sec. 2-320. Same - Limitations on Actions. (a) No action shall be brought pursuant to Section 3751 of the Government Code to restrain the execution of or to set aside as void any decision, contract, order, permit, ordinance, resolution or other official action unless the complaint or petition has been filed and served on the Clerk of the Council within thirty {30) days following the decision, contract, order, permit, ordinance, resolution or other official action. (b) No action shall be brought pursuant to Section 3751 of the Government Code to enjoin an official from violating or to compel an official to comply with the provisions of the Governmental Conflict of Interests Act or of this ordinance, unless the complaint or petition has been filed and served with- in 180 days after the violation of Section 3625 has occurred. SECTION 2: This ordinance shall take effect as an urgency measure immediately upon its adoption. The City Council declares that it is necessary to the public peace, health, safety and welfare that this ordinance be adopted as an urgency measure. The facts constituting the urgency are: The Governmental Con- flict of Interests Act became effective on January l, 1974. That Act creates serious and multiple obligations for public officials covered by the Act, confers broad enforcement rights upon members of the public and authorizes public agencies to ORDINANCE NO. NS-1198 PAGE FOUR adopt guidelines to aid public officials and members of the public in interpreting and applying the complicated provisions of the Act. Therefore, the City Council deems it essential that the guidelines adopted by this ordinance pursuant to the Governmental Conflict of Interests Act be effective immediately to avoid inadvertent violations of the Act, to prevent unmeri- torious challenges to public actions and to provide maximum public protection under the Act. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the deci- sion of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 4: The Clerk of the Council shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its adjourned regular meeting held on the 25 day of February , 1974. ATTEST: ORDINANCE NO. NS-l198 PAGE FIVE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Aha, that the foregoing Ordinance was introduced tO said Council at its adjourned regular meeting held on the 25 day of February, 1974, and was at said meet- ing passed and adopted as an emergency measure by the following vote, to wit: AYES, COUNCILMEN: Griset, Evans, Markel, Garthe, Yamamoto, Patterson, Ward NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None I, further certify that the foregoing Ordinance was introduced to said Council at its adjourned regular meeting held on the 1__1 day of March, 1974, and was again considered by said Council at its regular meeting held on the 18day of March, 1974, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Evans, Yamamoto, Markel, Garthe, Patterson, Ward, Griset NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None APPROVED AS TO FORM: RNEY CLERK OF THE COUNCIL