HomeMy WebLinkAbout19 GIFT BAN ORD 1129 08-15-94NO. 19
8-]5-94
DATE:
AUGUST 15, 1994
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1129, GIFT BAN
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1129
(roll call vote).
BACKGROUND:
The following Ordinance No. 1129 was introduced at the August 1,
1994 City Council meeting:
ORDINANCE NO. 1129 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, REGARDING RESTRICTIONS ON GIFTS
Valerie Crabill
Chief Deputy City Clerk
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20;
21
22
23
24
25
26
27
28
ORDINANCE NO. 1129
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, REGARDING RESTRICTIONS
ON GIFTS
The City Council of the City of Tustin hereby ordains as
follows:
Section 1. Part 3 entitled "Restrictions on Gifts" is
hereby added to Chapter 2 of Article 1 of the Tustin City Code, 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 Ordinance is to
prohibit the receipt of gifts, valued individually or cumulatively
at $250 or more, thereby eliminating, to the extent possible,
loss of confidence.
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.
1
2
3
4
5
6
?
8
9
~o
11
12
13
14
15
16
17
18
19
2o
21
22
23
24
25
26
2?
28
Ordinance No.
Page 2
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, of two
hundred fifty dollars ($250) or more.
(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 Fair Political Practices
Commission, except that this Part 3 is intended to impose a
limitation on the acceptance of gifts not found in state law.
PASSED AND ADOPTED, at a regular meeting of the City Council
for the City of Tustin on this day of , 1994.
THOMAS R. SALTARELLI, Mayor
MARY E. WYNN, City Clerk