HomeMy WebLinkAbout16 GIFT RESTRICTION 03-17-03AGENDA REPORT
Agenda Item
Reviewed:
City Manager
Finance Director
MEETING DATE:
TO:
FROM'
SUBJECT:
MARCH 17, 2003
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
ORDINANCE AMENDING THE TUSTIN CITY CODE TO CONFORM THE
GIFT RESTRICTIONS TO STATE LAW
SUMMARY:
The proposed Ordinance amends Tustin City Code Article 1, Part 3 governing
restrictions on gifts to conform the City's Code to state law.
RECOMMENDATION-
Introduce Ordinance.
FISCAL IMPACT:
There is no fiscal impact with this action.
CEQA:
This action does not propose to make any change in the physical environment.
Accordingly, compliance with the California Environmental Quality Act is not required.
DISCUSSION'
Nearly ten years ago, the City established a gift limit that was just slightly lower than the
state gift limit at that time. Unlike state law, the City's ordinance does not take inflation
into account. The difference between the two gift limits is confusing to officials. The
proposed amendment to conform the City's restrictions on gifts to state law provides the
City with an additional effective deterrent to the receipt of excessive gifts. The City's
penalties, found in Section 1233 of the City's Code are in addition to anything that can
be imposed under state law.
ATTACHMENTS:
Blacklined copy of the proposed Ordinance
Clean copy of the proposed Ordinance
165689.1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING PART 3 OF ARTICLE 1, OF
THE TUSTIN CITY CODE
THE CITY COUNCIL OF THE CITY OF TUSTIN DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Part 3 of Article 1, of the Tustin City Code is hereby amended
to read as follows:
PART 3 RESTRICTIONS ON GIFTS
1230 PURPOSE
The City Council finds that the receipt of excessive amounts of gifts by
public officials from persons who may do business with the City erodes public
confidence in the impartiality of decisions made by those officials. The purpose
of this part is to prohibit the receipt of gifts, valued individually or cumulatively
at the dollar limit established by Government Code Section 89503, as adjusted
on January I each odd-numbered year by the Fair Political Practices
Commission to reflect changes in the Consumer Price Index (the "Gift Limit").
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1231 DEFINITIONS
Except as otherwise defined, the terms used in this Part 3 including the
definition of "gift" shall have the same meaning as defined in the California
Political Reform Act (Title 9 of the California Government Code) and regulations
issued by the Fair Political Practices Commission pursuant to the authority of the
Political Reform Act, as the act and regulations shall be, from time to time,
amended.
For the purposes of this part:
(a) "City" means the City of Tustin.
(b)
"City Officer" means every person who is elected or appointed to an
office in the City which is specified in Section 87200 of the
California Government code.
(c)
"Designated employee" means every employee of the City who is
designated in the City's Conflict of Interest Code to file a statement
of economic interest and every member of a board or commission
165470.1
1232
under the jurisdiction of the City Council required to file such a
statement.
PROHIBITION
(a)
No City officer or designated employee shall accept gifts from any
single source in any calendar year with a total value, either
individually or cumulatively, that exceeds the Gift Limit.of two
(b)
Gifts which are not subject to limitation under state law and are not
required to be disclosed on a statement of economic interest,
pursuant to the Political Reform Act and regulations of the Fair
Political Practices Commission, are not included within the
prohibition of 1232(a) above.
1233
PENALTIES
(a)
Any City officer or designated employee who violates the provisions
of Section 1232 shall be guilty of a misdemeanor.
(b)
Any Designated Employee who violates the provisions of section
1232 may be subject to discipline for such violation, including
termination of employment, or removal from office in the case of
members of City boards or commissions.
1234 NO CONFLICT WITH STATE LAW INTENDED
Nothing contained within this Part 3 is intended to conflict with provisions
of the California Political Reform Act or the regulations adopted thereto by the
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Fair Pol~t~cal Practices Commission ._, ,....,..~, ............ ... .................
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165470.1
ORDINANCE NO. 1269
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING PART 3 OF ARTICLE 1, OF
THE TUSTIN CITY CODE
THE CITY COUNCIL OF THE CITY OF TUSTIN DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Part 3 of Article 1, of the Tustin City Code is hereby amended
to read as follows:
PART 3 RESTRICTIONS ON GIFTS
1230 PURPOSE
The City Council finds that the receipt of excessive amounts of gifts by
public officials from persons who may do business with the City erodes public
confidence in the impartiality of decisions made by those officials. The purpose
of this part is to prohibit the receipt of gifts, valued individually or cumulatively
at the dollar limit established by Government Code Section 89503, as adjusted
on January I each odd-numbered year by the Fair Political Practices
Commission to reflect changes in the Consumer Price Index (the "Gift Limit").
1231 DEFINITIONS
Except as otherwise defined, the terms used in this Part 3 including the
definition of "gift" shall have the same meaning as defined in the California
Political Reform Act (Title 9 of the California Government Code) and regulations
issued by the Fair Political Practices Commission pursuant to the authority of the
Political Reform Act, as the act and regulations shall be, from time to time,
amended.
For the purposes of this part:
(a) "City" means the City of Tustin.
(b)
"City Officer" means every person who is elected or appointed to an
office in the City which is specified in Section 87200 of the
California Government code.
(c)
"Designated employee" means every employee of the City who is
designated in the City's Conflict of Interest Code to file a statement
of economic interest and every member of a board or commission
under the jurisdiction of the City Council required to file such a
statement.
165487.1
1232
PROHIBITION
(a) No City officer or designated employee shall accept gifts from any
single source in any calendar year with a total value, either
individually or cumulatively, that exceeds the Gift Limit.
(b)
Gifts which are not subject to limitation under state law and are not
required to be disclosed on a statement of economic interest,
pursuant to the Political Reform Act and regulations of the Fair
Political Practices Commission, are not included within the
prohibition of 1232(a) above.
1233
PENALTIES
(a)
Any City officer or designated employee who violates the provisions
of Section 1232 shall be guilty of a misdemeanor.
(b)
Any Designated Employee who violates the provisions of section
1232 may be subject to discipline for such violation, including
termination of employment, or removal from office in the case of
members of City boards or commissions.
1234 NO CONFLICT WITH STATE LAW INTENDED
Nothin~I contained within this Part 3 is intended to conflict with provisions
of the California Political Reform Act or the regulations adopted thereto by the
Fair Political Practices Commission.
165487.1