HomeMy WebLinkAboutItem 20 - Ordinance Prohibiting Agreements, Contracts, or Grants to Immediate Family Members of City Officials City Manager's Office
www.santa-ana.org/cm
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 4, 2025
TOPIC: Ordinance Prohibiting Agreements, Contracts, or Grants to Immediate Family
Members of City Officials
AGENDA TITLE
Ordinance of the City Council of the City of Santa Ana Amending Chapter 2 of the Santa
Ana Municipal Code by Adding Section 2-112 Prohibiting the Award of Agreements,
Contracts, or Grants to Immediate Family Members of the Mayor, City Council
Members, or City Officials
RECOMMENDED ACTION
Conduct a first reading and adopt an ordinance amending Chapter 2 of the Santa Ana
Municipal Code by adding Section 2-112, which prohibits awarding agreements,
contracts, or grants to immediate family members of the Mayor, City Council Members,
or City Officials.
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA
MUNICIPAL CODE BY ADDING A NEW SECTION 2-112 CONCERNING THE
PROHIBITION AGAINST AWARDING OF AGREEMENTS, CONTRACTS OR GRANTS
TO ANY IMMEDIATE FAMILY MEMBER OF THE MAYOR, CITY COUNCIL
MEMBERS, OR CITY OFFICIALS
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The proposed ordinance will add a new section, 2-112, to Chapter 2 of the Santa Ana
Municipal Code prohibiting the award of agreements, contracts, or grants to immediate
family members of the Mayor, City Council Members, or City Officials including
appointed board and commission members, as defined under Article IV – Officers,
Departments, Boards, and Commissions (Sec. 2-300 to 2-699).
Key components of the ordinance include:
Ordinance Prohibiting Agreements, Contracts, or Grants to Immediate Family Members
of City Officials
February 4, 2025
Page 2
4
8
2
3
1.Description of Immediate Family Member: The ordinance provides an
extensive list of relationships, including but not limited to spouses, domestic
partners, parents, children, grandparents, siblings, and in-laws.
2.Description of Financial Benefit or Interest: The ordinance describes direct or
indirect financial interest to include commissions, fees, share of proceeds,
prospect of a promotion or future employment, a profit, or any other form of
financial award.
3.Incorporation of Non-Collusion Provisions: All city agreements, contracts,
and grants must include a non-collusion clause requiring compliance with Section
2-112. This applies to the primary vendor, contractor, grantee, and
subcontractors. The clause will incorporate the following language, to ensure
compliance with Section 2-112:
•No immediate family members of either the Mayor, City Council Member,
or any appointed City Official, including appointed board and commission
members, as defined under the City’s Municipal Code, whose position with
the City shall award or influence the award of this (Contract, Agreement,
or Grant), or any competing Contract or amendment thereof, shall be
employed in any capacity by the Contractor or have any other direct or
indirect financial benefit or interest in this (Contract, Agreement, or
Grant).
•The Contractor must comply with all conflict of interest laws, ordinances,
and regulations now in effect or hereafter to be enacted during the term of
this (Contract, Agreement, or Grant). The Contractor warrants that it is not
now aware of any facts which conflict with the prohibitions defined above.
If the Contractor hereafter becomes aware of any facts that might
reasonably be expected to create a conflict of interest, it must immediately
make full written disclosure of such facts to the City. Full written disclosure
must include, but is not limited to, identification of all persons implicated
and a complete description of all relevant circumstances. Failure to
comply with the provisions of this paragraph will be a material breach of
this Contract.
•Contractor covenants that none of its directors, officers, employees, or
agents shall participate in selecting or administrating any subcontract
supported (in whole or in part) by City funds stemming from the (Contract,
Agreement, or Grant) where the awarding of the subcontract has any
direct or indirect financial benefit or interest to an immediate family
member of either the Mayor, City Council Member, or any appointed City
Official, including appointed board and commission members, as defined
under the City’s Municipal Code.
Ordinance Prohibiting Agreements, Contracts, or Grants to Immediate Family Members
of City Officials
February 4, 2025
Page 3
4
8
2
3
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Ordinance No. NS-XXX: An Ordinance of the City Council of the City of Santa Ana
Amending Chapter 2 of the Santa Ana Municipal Code by Adding Section 2-112
Prohibiting the Award of Agreements, Contracts, or Grants to Immediate Family
Members of the Mayor, City Council Members, or City Officials.
Submitted By: Sylvia Vazquez, Deputy City Manager
Approved By: Alvaro Nuñez, City Manager
SRC 2/4/25
Ordinance No. NS-xxx
Page 1 of 2
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA
MUNICIPAL CODE BY ADDING A NEW SECTION 2-112
CONCERNING THE PROHIBITION AGAINST AWARDING
OF AGREEMENTS, CONTRACTS OR GRANTS TO ANY
IMMEDIATE FAMILY MEMBER OF THE MAYOR, CITY
COUNCIL MEMBERS, OR CITY OFFICIALS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
Section 1. Chapter 2 of the Santa Ana Municipal Code is hereby amended
by adding a new section, Section 2-112 to read as follows:
“Sec. 2-112. – Prohibition Against Awarding Agreements, Contracts or Grants
to Immediate Family Members of Mayor, Council Members, or City Officials
a. “The City, and any person authorized to act on behalf of the City, is prohibited from
awarding any agreement, contract, grant, or any amendment(s) to said awards,
for the purpose or receipt of any financial benefit or interest, to an immediate family
member of the Mayor, Council Member, or City officials, including appointed
board and commission members, as defined under Article IV – Officers,
Departments, Boards, and Commissions (Sec. 2-300 to 2-699).
b. For purposes of this section 2-112, the term immediate family member shall
include, but is not limited to, spouse, domestic partner, romantic cohabitant, child,
stepchild, grandchild, step grandchild, parent, stepparent, mother-in- law,
father-in-law, son-in-law, daughter-in-law, grandparent, great grandparent,
brother, sister, half-brother, half-sister, stepsibling, brother-in-law, and sister-in-
law.
c. For purposes of this section 2-112, the term financial benefit or interest shall include
any direct or indirect financial interest in the specific contract, agreement, or
grant, including any commissions, fees, share of the proceeds, prospect of a
promotion or future employment, a profit, or any other form of financial award.
d. The City shall incorporate into all agreements, contracts, or grants, a non-
collusion provision reflecting the prohibitions detailed in Section 2-112 herein,
including the requirement that any awarded Vendor, Contractor, Entity, or
Grantee shall also comply with Section 2-112, and such compliance shall also
involve the awarding of any subcontract for the purchase of goods or services
with any funds from stemming from the contract, agreement, or grant.
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
SRC 2/4/25
Ordinance No. NS-xxx
Page 2 of 2
By:
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.
ADOPTED this day of , 2025.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.
NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa
Ana on , 2025.
Date:
City Clerk
City of Santa Ana