HomeMy WebLinkAboutNS-2201 - Adding Article IX to Chapter 2 of the Santa Ana Municipal Code to Prohibit the Donation and Receipt of Specified Gifts ...I 08
ORDINANCE NO. NS-2201
AN ORDINANCE OF THE CITY OF SANTA ANA
ADDING ARTICLE IX TO CHAPTER 2 OF THE
SANTA ANA MUNICIPAL CODE TO PROHIBIT THE
DONATION AND RECEIPT OF SPECIFIED GIFTS
TO PUBLIC OFFICIALS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS
SECTION 1: That the Santa Ana Municipal Code is hereby
amended by adding an article, to be numbered IX, and consisting of
sections to be numbered 2-851 through 2-854, to Chapter 2 thereof,
which said article reads as follows:
ARTICLE IX
SIFTS TO PUBLIC OFFICIALS
Bec. 2-851. Purpose; meaning of terms;
citation.
interpretation;
The city Council finds that the receipt of gifts by public
officials from persons who do business with the city erodes public
confidence in the impartiality of decisions made by those
officials. The purpose of this article is to prohibit the donation
and receipt of specified gifts, thereby eliminating, to the extent
possible, such loss of confidence.
Unless otherwise expressly defined, the terms used in this
ordinance shall have the same meaning as defined in the California
Political Reform Act (Title 9 of the California Government Code)
and regulations issued by the Fair Political Practices Commission
pursuant to the authority of the Political Reform Act, as the Act
and regulations shall be, from time to time, amended.
This article shall be known as, and may be cited as, the "city
of Santa Ana Gift Ban Ordinance."
2-852. Definitions.
For the purposes of this article:
(a) "City" means the city of Santa Ana.
(b) "City officer" means every person who is elected or
appointed to an office of the city which is specified in
1
I
ORDINANCE NS-2201 ~IQ
Page 2
(c)
Section 87200 of the California Government Code.
"Designated employee" means every employee of the city
who is designated in the city's Conflict of Interest
Codes to file a statement of economic interests and every
member of a city board or commission required to file
such a statement.
(d) "Doing business with the city" means:
(1) seeking the award of a contract or grant from the
City, or
(2) having sought the award of a contract or grant from
the city in the past 12 months, or
(3) being engaged as a lobbyist or lobbyist firm, as
defined in this Article, from the time of such
engagement until 12 months after the award of the
contract grant, license, permit, or other entitle-
ment for use, which was the subject of the engage-
ment, or
(4) having an existing contractual relationship with
the City, until 12 months after the contractual
obligations of all parties have been completed, or
(5) seeking, actively supporting, or actively opposing
the issuance, by the City, of a license, permit, or
other entitlement for use, or having done any of
these things within the past 12 months.
(e) "Gift" shall have the meaning it is defined to have in
the California Political Reform Act, and the regulations
issued pursuant to that Act, except that the following
shall not be deemed to be gifts:
(1) Meals, beverages, and free admission at any event
sponsored by, or for the benefit of, a bona fide
educational, academic, or charitable organization,
and commemorative gifts from such organizations
with a cumulative value, from any single source, of
$50.00 or less during any twelve month period.
(2) Flowers, plants, balloons or similar tokens which
are given to express condolences, congratulations,
or sympathy for ill health, or to commemorate
special occasions, provided that gifts made or
received under this exemption shall not exceed a
value of $50.00 from any single source in any
calendar year.
I
ORDINANCE NS-2201
Page 3
(3)
(4)
A prize awarded on the basis of chance in a bona
fide competition not related to the official status
of the public official.
Gifts from any agency of a foreign sovereign
nation, provided that such gifts are
unconditionally donated by the public official to
the city within 45 days of receipt, and the public
official does not claim any tax deduction by virtue
of such donation.
(f)
(g)
(h)
(i)
"Lobbyist" shall mean any individual, including an
attorney, who is employed or contracts for consideration,
other than reimbursement of reasonable travel expenses,
to communicate directly with any City officer for the
purpose of seeking, actively supporting, or actively
opposing the award of a contract or grant from the city,
or the issuance, by the City, of a license, permit, or
other entitlement for use. An attorney shall not be
considered a lobbyist when performing activities which
can only be performed by a person admitted to the
practice of law.
,,Lobbyist firm" shall mean (1) any business entity, which
is employed or contracts for consideration, other than
reimbursement of travel expenses, to communicate directly
with a city officer for the purpose of seeking, actively
supporting or actively opposing the award of a contract
or grant from the City, or the issuance, by the City, of
a license, permit, or other entitlement for use, or (2)
any business entity of which any member or employee is a
lobbyist.
"Principal" shall mean any individual or business entity
which employs or contracts with a lobbyist or lobbyist
firm for any of the purposes stated in subsections (f) or
(g) of this section.
An individual or business entity shall be deemed to be
employed or contracting to communicate directly with a
city officer if it is reasonably foreseeable that in the
course of employment or in the course of performing the
contract the individual or an employee of the entity will
have a telephone conversation or a discussion with any
City officer, outside of any meeting governed by the
Ralph M. Brown Act (which is codified in the California
Government Code commencing with section 54950), for the
purpose of seeking, actively supporting, or actively
opposing the award of a contract or grant from the City,
or the issuance, by the city, of a license, permit, or
other entitlement for use.
{
ORDINANCE NS-2201 '214
Page 4
(j) An individual lobbyist who is an officer, partner or
employee of his or her principal shall be deemed to be
"engaged" within the meaning of this section on the first
occasion on which he or she engages in a telephone con-
versation or discussion described in subsection (i) of
this section. A lobbyist firm, or an individual lobbyist
who is not an officer, partner or employee of his or her
principal shall be deemed to be "engaged" within the
meaning of this section upon the completion of an
agreement, oral or written, to provide the services
specified in subsections (f) or (g) of this section.
(k) "Public official" means every City officer and every
designated employee.
Sec. 2-853. Prohibitions.
(a)
No person who is doing business with the city shall make
any gift to any city officer.
(b)
No person who is doing business with the City shall make
any gift to any designated employee, who, by virtue of
his city employment, could make a governmental decision,
participate in making a governmental decision, or use his
or her official position to influence a governmental
decision regarding the pending business of the donor, or
who has done any of the above during the twelve months
preceding the donation.
(c)
No City officer shall solicit or accept any gift from any
person whom he knows, or has reason to know, is doing
business with the city.
(d)
No designated employee shall solicit or accept any gift
from any person whom he knows, or has reason to know, is
doing business with the City, when such employee by
virtue of his City employment, could make a governmental
decision, participate in making a governmental decision,
or use his or her official position to influence a
governmental decision regarding the pending business of
the donor, or has done any of the above during the twelve
months preceding the donation.
(e)
No public official shall accept any gift when the
identity of the donor is not known to the public
official.
2-854.
(a) Any
Violations and enforcement.
City officer who violates section
4
2-853 shall be
ORDINANCE NS-2201 2'1 6
Page 5
(b)
(c)
(d)
(e)
guilty of a misdemeanor.
Any designated employee who violates section 2-853 shall
be subject to discipline for such violation, including,
in appropriate cases, termination of employment.
Any member of any City board or commission, other than a
board or commission established by the Constitution or a
statute of the State of California, who violates section
2-853, shall be subject to removal from office.
Any person who violates subsection (a) of (b) of section
2-853 shall be guilty of a misdemeanor.
These enforcement provisions are in
provided in section 1-8 of this code,
are not mutually exclusive.
lieu of the penalty
are cumulative, and
SECTION 2: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision 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, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 3: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof, required to be posted,
filed or deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
5
ORDINANCE NSL2201 ~ ~1~
Page 6
ADOPTED this 19th day of July 1993.
ATTEST:
CO~{CILMEMBERS:
Young Aye
Pulido Aye
Lutz Aye
Mills Aye
Moreno Aye
Norton Aye
Richardson Aye
Da~/H.; Young x~j /
Mayor
APPROVED AS TO FORM:
Edward~U%~. C~
city Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JAN1CE C. GUY, Clerk of the Council, do hereby certify the attached
NS-2201 tO be the original Ord.
City of Santa Aha on 7-19-93
Drdinance
adopted bythe City Councilofthe
; and that said ordinance was published
in accordance with the Charter of t~.~ty of Santa Anat._
Date: '-~//23/~'.:~ 6 ~ ~'~', ~
~ / Clerk of the Council
City of Santo Ana
I