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HomeMy WebLinkAboutORD 1129 (1994) 1 ORDINANCE NO. 1129 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 3 OF TUSTIN, CALIFORNIA, REGARDING RESTRICTIONS ON GIFTS 4 5 6 The City Council of the City of Tustin hereby ordains as follows: 7 Section 1. Part 3 entitled "Restrictions on Gifts" is s hereby added to Chapter 2 of Article 1 of the Tustin City Code, to read as follows: 9 PART 3 RESTRICTIONS ON GIFTS 10 1230 PURPOSE l] The City Council finds that the receipt of excessive amounts 12 of gifts by public officials from persons who may do business with the City erodes public confidence in the impartiality of decisions 13 made by those officials. The purpose of this Ordinance is to prohibit the receipt of gifts, valued individually or cumulatively 14 at $250 or more, thereby eliminating, to the extent possible, such loss of confidence. 15 1231 DEFINITIONS ]6 Except as otherwise defined, the terms used in this Part 3 ]7 including the definition of "gift" shall have the same meaning as defined in the California Political Reform Act (Title 9 of the is California Government Code) and regulations issued by the Fair Political Practices Commission pursuant to the authority of the 19 Political Reform Act, as the Act and regulations shall be, from time to time, amended. 20 For the purposes of this part: 21 (a) "City" means the City of Tustin. 22 (b) "City Officer" means every person who is elected or 23 appointed to an office in the City which is specified in Section 87200 of the California Government code. 24 (c) "Designated Employee" means every employee of the City 25 who is designated in the City's Conflict of Interest Code to file a Statement of Economic Interest and every member 26 of a board or commission under the jurisdiction of the City Council required to file such a statement. 27 Ordinance No. Page 2 ] 2 1232 PROHIBITION 3 (a) No City Officer or Designated Employee shall accept gifts from any single source in any calendar year with a total 4 value, either individually or cumulatively, of two hundred fifty dollars ($250) or more. (b) Gifts which are not subject to limitation under state law 6 and are not required to be disclosed on a Statement of Economic Interest, pursuant to the Political Reform Act 7 and regulations of the Fair Political Practices Commission, are not included within the prohibition of s 1232(a) above. 9 1233 PENALTIES ]0 (a) Any City Officer or Designated Employee who violates the provisions of Section 1232 shall be guilty of a ]] misdemeanor. 12 (b) Any Designated Employee who violates the provisions of Section 1232 may be subject to discipline for such 13 violation, including termination of employment, or removal from office in the case of members of City boards 14 or commissions. 1234 NO CONFLICT WITH STATE LAW INTENDED ]6 Nothing contained within this Part 3 is'intended to conflict with provisions of the California Political Reform Act or the ]7 regulations adopted thereto by the Fair Political Practices Commission, except that this Part 3 is intended to impose a ~s limitation on the acceptance of gifts not found in state law. ~9 PASSED AND ADOPTED, at a regular meeting o the City Council for the City of Tustin on this 15th day of August, 1994. , 1994. THOMAS R. SA~T]~RELLI, Mayor 24 25 26 27 City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1129 Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1129 was introduced at a regular meeting of the City Council held on Auqust 1, 1994 and was passed and adopted at a regular meeting of the City Council held on August 15, 1994,. by the following vote: COUNCILMEMBER AYES: Saltarelli, Thomas, Worley COUNCILMEMBER NOES: Potts, Doyle COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None Mary E. ~nn, C~.y Clerk