HomeMy WebLinkAbout2003-04-22; City Council; 17146; Adopting Ordinance NS-659: Conflict of InterestCITY OF CARLSBAD -AGENDA BILL
ADOPTING ORDINANCE NO. NS-659 AB# 17,146 AMENDING THE CARLSBAD MUNICIPAL
UITG. 4-22-03 CODE REGARDING DISQUALIFICATION DUE
TO A CONFLICT OF INTEREST DEPT. CLK
b
DEPT. HD.
CITY ATTY.
CITY MGR
RECOMMENDED ACTION:
Adopt Ordinance No. NS-659 amending section 1.20.350 of the Carlsbad Municipal Code
regarding disqualification for conflict of interest.
ITEM EXPLANATION:
Ordinance No. NS-659 was introduced and first read at the City Council meeting held on
April 15, 2003. The second reading allows the City Council to adopt the ordinance, which
would then become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 17,136 on file with the City Clerk.
EXHIBITS:
1. Ordinance No. NS-659.
ORDINANCE NO. NS- 659
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING SECTION
1.20.350 OF THE CARLSBAD MUNICIPAL CODE TO BE
CONSISTENT WITH STATE LAW REGARDING
DISQUALIFICATION DUE TO A CONFLICT OF INTEREST
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That section I .20.350 of the Carlsbad Municipal Code is
amended to read as follows:
“I .20.350 Disaualification for conflict of interest.
If a council member has reason to think a conflict of interest may exist, he shall
give the facts of the matter to the city attorney and request advice thereon prior to the
meeting. Any council member who is disqualified from voting on a particular matter by
reason of a conflict of interest or a potential conflict of interest and immediately prior to
the consideration of matter, shall:
a. Publicly identify the financial interest that gives rise to the conflict of
interest or potential conflict of interest in detail sufficient to be understood by the public,
except that disclosure of the exact street address of a residence is not required.
b. Recuse himself or herself from discussing and voting on the matter.
c. Leave the room until after the discussion, vote and any other
disposition of the matter is concluded, unless the matter has been placed on the
consent calendar.
d. A Council Member may address the Council notwithstanding a
conflict during the time that the general public speaks on the issue.
A council member stating such disqualification shall not be counted as a part of a
quorum and shall be considered absent for the purpose of determining the outcome of
any vote on such matter.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
Ordinance No. NS -659 Page 1 of 2
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 15th day of April , 2003, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carkbad on the 22nd day of APRIL , 2003, by the following vote, to
wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY n
ATTEST:
Ordinance No. NS -659 Page 2 of 2