HomeMy WebLinkAboutORD 629 (1974) 1 ORDINANCE NO. 629
~ AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE TUSTIN CITY CODE BY ADOPTING GUIDELINES
5 FOR IMPLEMENTATION OF THE GOVERNMENTAL CONFLICT OF
INTERESTS ACT.
5 The City Council of the City of Tustin, California,
6 does ordain as follows:
~ The Tustin City Code is hereby amended by the addition
8 of Article VIII to Chapter 2 to read as follows:
9 ARTICLE VIII. CONFLICTS OF INTEREST
10 Section 2-82. Purpose and Effect.
11 Pursuant to Section 3626 of the Government Code, the
12 City Council hereby adopts the' following guidelines for its
13 public officials in their determination of whether they have
14 an economic interest or interests which are in 'substantial
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conflict with their official duties and powers under Section 3625
18 and in determining whether they have an economic interest in
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matters for purposes of Section 3625(b). Nothing cgntained
18 herein is intended to modify or abridge the provisions of
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the Governmental Conflict of Interests Act, Sections 1090
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through 1097 or any other provisions of law pertaining to
conflict of interests. This ordinance shall be interpreted
in a manner c'onsistent therewith. Nothing contained herein
shall be deemed adopted pursuant to or in implementation of
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Section 3603 or Section 3704. All numerical section references
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cited in the body of this ordinance are to the Government
Code unless otherwise specified.
Section 2-83. Designation of Officials.
The "public officials," "officials," and "elective and
appointive officers" subject to the provisions of Section 3625
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are:
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1. Mayor _.,
2. City Councilmen
1 3- Planning Commissioners
2 4. City Administrator
~ 5. Assistant City Administrators
4 6. Planning Officers.
5 Section 2-84. Substantial Conflict.
6 An economic interest in substantial conflict with the
7 proper exercise of an official's duties within the meaning
8 of Section 3625(a) shall not be deemed to exist unless the
9 official would be required to disqualify himself under
10 Section 3625(b) on a continuous and regular basis from
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activities and actions which constitute a major and significant
portion of his official duties and thereby impair his ability
1~ to function effectively and fulfill the duties o£ the office.
14 Section 2-85. Material Economic Effect.
15 An action or decision shall not be deemed to have a
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material effect on an economic interest unless the official
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has reason to believe that, by reason of the action or
18 decision, an investment, or interest in real property, may
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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.
Section 2-86. Ministerial and Clerical Duties.
Section 3625(b) shall apply only to actions which
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inv. olve discretion or judgment. It does not. apply to actions
which are solely~.mini'sterial or clerical. Such actions
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generally include those activities which are undertaken or
approved by a governmental decision which a public officer
or agency makes upon a given state of facts in a prescribed
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manner in obedience to the mandate of legal authority. In
such actions the officer or agency must act upon the given
facts without regard to his judgment or opinion concerning
the propriety or wisdom of the act although the statute,
ordinance, or regulation may require in some degree a constructi
of its language by the officer.
Section 2-87. Participation.
(a) The terms "participate," and "attempt to influence"
as used in Section 3625(b) shall be deemed to include the
following:
1. Participation in debate or deliberations or voting.
2. Preparation of oral or written reports.
3. Rendition of oral or written advice.
4. Testimony before a public agency as a part of
official duties,
5. Discussions with any official who must decide the
matter.
6. Submission of letters or other documents to any
official who must decide the matter-
7. Issuance or denial of official approvals.
(b) Nothing conGained herein or in Section 3625 shall
abridge the right of any citizen, whether or not a public
official, to submit information or express views on the same
basis as any other private citizen, provided such is done in
public and the person indicates that he is acting in a
private capacity.
(c) An official directly involved in a matter, whether
as a party, an applicant, or otherwise, may,. in his private
capacity, provid. e whatever information is necessary and
perform any other steps which are rquired of other citizens
in the same situation, individually or by counsel. He may
not, however, discuss the matter privately with officials
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who must decide the matter.
Section 2-88. Necessity.
(a) An official shall not be subject to Section 3635(b)
with respect to any matter which cannot be legally acted
upon or decided without his participation.
(b) Section 3625(b) shall apply where:
1o 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 2-88(b)(1) or 2--88(b)(2)
of this ordinance apply, all otherwise disqualif{ed of-
ficials shall be entitled to participate.
(d) In all c~ses involving exceptions hereunder, the
official shall comply with Section 3625(d).
Section 2-89. Disqualification.
An official who refrains from acting in accordance with
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Section 3625(b) need not declare the nature of the interest
which'disqualifiies him.
Section 2-90. 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 b~lief that it is consistent
with the provisions of the Governmental Conflict of Interests
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1 Act and these guidelines, he shall thereafter be entitled to
2 rely on said opinion in discharging his official duties and
~ shall be exempt from the civil penalties of Section 3751 and
4 the sanctions of Section 3753.
5 Section 2-91. Limitations on Actions.
6 (a) No action shall be brought pursuant to Section 3751
~ of the Government Code to restrain the execution of or to
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set aside as void any decision, contract, order, pe'rmit,
9 ordinance, resolution or other official action unless the
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complaint or petition has been filed and served on the City
11 Clerk within thirty (30) days following the decision, contract,
12 order, permit, ordinance, resolution or other' official
action.
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(b) No action shall be.brought pursuant to Section 3751-
of the Government Code to enjoin an official from violating
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or to compel an official to comply with the provisions of
the Governmental Conflict of Interests Act or of this ordinance,
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unless the complaint or petition has been filed And served
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within 180 days after the violation of Section 3625 has
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occurred.
PASSED AND ADePTED at a regular meeting of the City
Council, City of Tustin, California, held on the 19th day of August, 1974.
26 MAYOR PRO TE~
28 ATTEST:
CITY, CLERK
5~ 'JGR:sl:TCH:ll
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