HomeMy WebLinkAbout1988-09-27; City Council; NS-38; CMC 1.14 add - Conflict of interest disqualification1
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ORDINANCE NO. NS-38
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 1 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 1.14 REGARDING DISQUALIFICATION FOR
CONFLICT OF INTEREST.
The City Council of the City of Carlsbad, California
hereby ordain as follows:
SECTION I: That Title 1 of the Carlsbad Municipal
is amended by the addition of Chapter 1.14 to read as follow:
"Chapter 1.14
DISQUALIFICATION FOR CONFLICT OF INTEREST
Sections:
1.14.010 Purpose and intent.
1.14.020 Definitions. 1.14.030 Conflict of Interest - Disqualifications 1.14.040 Penalties and enforcement.
1.14.050 Rules of construction.
1.14.010 Pumose and intent. This chapter i supplement the provisions of the Political Reform Act of 1974. City Council finds that this chapter regards a municipal af that there is nothing in this chapter that conflicts wit1 general laws of the state, and that the additional require imposed by this chapter pursuant to Government Code Section do not prevent a person from complying with said act.
1.14.020 Definitions. The words and phrases us( this chapter shall have the same meaning as defined ir Political Reform Act of 1974, Title 9 of the Government Code c State of California, as said Act now exists or may hereaft amended.
1.14.030 Conflict of interest - Diswalifications
(a) The Regulations adopted by the Fair Poli Practices Commission provide that a public official mal participate in a governmental decision when the official h interest in real property which is located within a 300' radi the boundaries or proposed boundaries of a property which i subject of a decision before the official unless that decisior have no financial effect upon a official's interest.
(b) This Section imposes a stricter standard fo public officials in the City of Carlsbad who shall not partic
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in a decision when the official has an interest in property loc
within a 600' radius of the boundaries of a property which is
subject of a decision before that official unless that dec:
will have no financial effect upon the official's interest.
the real property in which the official has an interest is lo( outside a radius of 6001, but any part of which is located w: a 2,500' radius of the boundaries or proposed boundaries of
property before the official, then the official shall
participate when the decision will have a reasonably foreset financial effect of $10,000 or more on the fair market value o
real property in which the official has an interest or wher
decision will effect the rental value of such property by $:
or more for any twelve (12) month period. Except as modific
this Section all public officials in the City of Carlsbad I
comply in all other respects and with all other provisions 0:
material financial effect rules in the Commission's regulatic
1.14.040 Penalties and enforcement. The penaltie:
enforcement provisions of the Political Reform Act of
Sections 91000 - 91014 of the Government Code of the Stat
California shall apply to any violation of the provisions of
chapter. Any person who knowingly or willfully violates
provision of this chapter is guilty of a misdemeanor. For pur]
of this chapter, the district attorney of San Diego County i;
civil and criminal prosecutor.
1.14.050 Rules of construction. The provisions of chapter shall be construed liberally in order to accomplis1 intent and purposes of this chapter and the Political Refor]
of 1974".
EFFECTIVE DATE: This ordinance shall be effectivet
days after its adoption, and the City Clerk shall certify t'
adoption of this ordinance and cause it to be published at
once in the Carlsbad Journal within fifteen days after
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting o
Carlsbad City Council on the 20th day of September I
and thereafter
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PASSED AND ADOPTED at a regular meeting of the
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Council of the City of Carlsbad on the 27th day of Septembe
ABSENT : None 6
NOES: Council Member Pettine 5
AYES: Council Members Lewis, Kulchin, Mamaux and Larson 4
1988, by the following vote, to wit:
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ATTEST:
15 cp (zz&A ALETHA L. RAUTENKRANZ, Cit 16
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