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HomeMy WebLinkAbout1974-03-06; City Council; 1165; CMC 2.02 adds - Governmental conflict of interest act guidelinesORDINANCE NO. 11 65 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING THE CARLSBAD MUNICIPAL CODE BY THE ADDI- TION OF CHAPTER 2.02 ADOPTING GUIDELINES FOR THE IMPLEMENTATION OF THE GOVERNMENTAL CONFLICT OF INTERESTS ACT. WHEREAS, the Legislature of the State of California has adopted the Governmental Conflict of InterestsAct (Division 4.5, Title 1, California Government Code added by Chapter 1166 of the 1973 Statutes); and WHEREAS, said Act provides that public agencies may adopt guidelines for their officials in their determination whether they have an economic interest or interests which are in substantial conflict with the proper exercise of their official duties and powers; and WHEREAS, the City Council of the City of Carlsbad desires to adopt guidelines to assist its officials in such determination; NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION 1: Title 2 of the Municipal Code of the City of Carlsbad is hereby amended by the addition of Chapter 2.02 to read as follows: “Chapter 2.02 GOVERNMENTAL CONFLICT OF INTERESTS ACT GUIDELINES Sections : 2.02.010 2.02.020 2.02.030 2.02.040 2.02.050 2.02.060 2.02.070 2.02.080 2 a 02.090 2.02 .loo 2.02.110 2.02.120 2.02.010 Purpose and Effect. Designation of Officials. Deputies. Substantial Conflict. Material Economic Effect. Ministerial and Clerical Duties, Participation. Necessity. Disqualification. Interpretation, Limitations on Actions. Severability. PurDose and Effect. Pursuant to Section 3626 1 2 3 4 5 6 7 8 9 10 11 12 13 n 14 20 21 22 23 24 25 26 27 28 29 30 31 32 t 0 ofthe Government Code, the City Council of the City of Carlsbad adopts the following guidelines for its public officials in their determination of whether they have an economic interest or inter- ests 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 matters for purposes of Section 3625(b). Nothing contained herein is intended to modify or abridge the provisions of the Governmental Conflict of Interests Act, Sections 1090 through 1097 of any other provisions of law pertaining to conflict of interests. This chapter shall be inter- preted in a manner consistent therewith. Nothing contained herein shall be deemed adopted pursuant to or in implementation of Section 3603 or Section 3704. All numerical section refer- ences cited in the body of this chapter are to the Government Code unless otherwise specified. 2.02.020 Designation of Officials. The 'public officials' 'officials', and 'elective and appointive officers' subject to the provisions of Section 3625 are: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Mayor Councilmen Planning Commissioners Library Board of Trustees Parks and Recreation Commissioners Traffic Safety Commissioners Carlsbad Parking Authority Members Carlsbad Building Authority Members Building Advisory and Appeals Board Members City Manager City Attorney City Clerk City Treasurer Building Director Public Works Director Finance Director Fire Chief Police Chief Librarian Parks and Recreation Director Personnel Officer Planning Director Assistant to City Manager Executive Secretary of Housing Authority Administrative Assistant to City Manager 2.02.030 Deputies. A deputy or assistant of any of the officers designated in Section 2 who is empowered to act in the place of the officer shall be subject to the provisions of Section 3625. 2.02.040 Substantial Conflict. An economic interest in substantial conflict with the proper exercise of an official's duties within the meaning of Section 3625(a) shall not be deemed to exist unless the official would be required to disqualify him- self under Section 3625(b) on a continuous and regular basis from activities and actions which constitute a major and significant portion of his official duties and thereby impair his ability to function effectively and fulfill the duties of the office. 2.02.050 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 2. u 2c 21 2: 2; 24 25 2E 27 2E 29 3c 33 32 ; V 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. shall apply only to actions which involve discretion or judgment. It does not apply to actions which are solely ministerial or clerical. 2.02.060 Ministerial and Clerical Duties. Section 3625(b: 2.02.070 Participation. (a) The terms 'participate' and 'attempt to influence' as 1. Participation in debate or deliberations or votin! 2. 3. Rendition of oral or written advice. 4. Testimony before a public agency as a part of 5. Discussions with any official who must decide 6. Submission of letters or other documents to any 7. Issuance or denial of official approvals. (b) 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 a representative. may not, however, discuss the matter privately with officials who must decide the matter. used in Section 3625(b) shall be deemed to include the following: Preparation of oral or written reports. official duties. the matter. official who must decide the matter. He or his representative 2.02.080 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. 1. A statutory quorum or a simple majority cannot be achieved by continuance for a reasonable time or within legally mandated time limits; or 2. 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 perform the action or make the decision. (c) In cases where Subsections (b) (1) or (b) (2) of this Section apply all otherwise disqualified officials shall be entitled to participate. (d) In all cases involving exceptions hereunder the official shall comply with Section 3625(d). (b) Section 3625 (d) shall apply where: 2.02.090 Disqualification. An official who refrains from acting in accordance with Section 3625(b) need not declare the nature of the interest which disqualifies him. 2.02.100 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 the good faith belief that it is consistent with the provisions of the Governmental Conflict of 3. .. 1 2 3 4 5 6 7 a 9 10 11 12 13 0 14 a 2c 21 22 22 24 25 26 27 28 29 3c 33. 32 c 0 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. 2.02.110 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 peti- tion has been filed and served on the City Clerk within thirty 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 Govern- mental Conflict of Interests Act or of this chapter unless the complaint or petition has been filed and served within 180 days after the alleged violation of Section 3625 has occurred. 2.02.120 Severability. If any section, subsection, sen- tence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adop- tion. INTRODUCED AXD FIRST READ at a regular meeting of the Carlsbad City Council held on the 19th day of February , 1974, and thereafter PASSED AND ADOPTED at mkegular meeting of said adjourned City Council held on the 6th day of March , 1974, by the following vote, to wit: AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee NOES: None ABSENT: None ATTEST : 4.