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Home My WebLink AboutCC Ord 927 1974-02-11 I I I . .,. ORDINAN:E NO. 3.?;f AN ORDINAN::E OF THE CITY OF SEAL BEACH ADOPTING GUIDELINES FOR UIPLENENTATION OF THE GOVERNMENTAL CONFLICT OF INTERESTS ACT, DECLARING THE URGENC Y THEREOF, AND PROVIDING FOR IMNEDIATE EFFECT. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section I. The Seal Beach Municipal Code is hereby amended by aoo1ng a new Article XIII to Chapter 2 thereto to read as follows: ..- Sec. 2-80. Purpose and Effect. Pursuant to Section 3626 of the Government Code, the City Council adopts the following guidelines for its public officials in their determination of whether they have an economic interest or interests which are in substantial conflict with their official duties and powers under Section 3625(a) of the Government Code, and in determining whether they have an economic interest in matters for purposes of Section 3625(b) of the Government Code. Nothing contained herein is intended to modify or abridge the provisions of the Governmental Conflict of Interests Act, Sections 1090 through 1097 or any other provision of law pertaining to conflict of interests. This Article shall be interpreted in a manner consistent therewith. Nothing contained herein shall be deemed adopted pursuant to or in implementation of Section 3603 or Section 3704. All numerical section references cited in the body of this ordinance are to the Government Code. Sec. 2-81. Designation of Officials. The "public officials," "officials," and "elective and appointive officers" subject to the provisions of Section 3625 are: 1. Members of the City Council; 2. Members of the Planning Commission; 3. City Manager; 4. Planning Director; 5. City Attorney; 6. City Clerk; 7. City Treasurer; 8. Director of Public Works; 9. City Engineer; IO. Fire Chief; II. Finance Director; 12. Recreation Director; 13. Building Director; 14. Lifeg~ard Director; 15. Police Chief. Sec. 2-82. Deputies. A deputy or assistant of any of the officers designated in Section 2-81 who is empowered to. act in the place of the officer shall be subject to the provisions of Section 3625. -1- I I I . . -) Ordinance Number ". Sec. 2 -83. Substantial Conflict. An economic interest in substantial conflict with the proper exercise of an official's duties within the meaning of Section 3625(a) shall not be deemed to exist unless the official would be required to disqualify himself under 3625(b) on a con- tinuous and regular basis from activities and actions which con- stitute a major and significant portion of his official duties and thereby impair his ability to function effectively and fulfill the duties of the office. Sec. 2-84. Material Economic Effect. An action or decision shall not be deemed to have a material effect on an economic interest unless the official has reason to believe that, by reason of the action or decision, an investment, or interest in real property, may 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. Sec. 2-85 Ministerial and Clerical Duties. Section 3625(b) shall apply only to actions which in- volve discretion or judgment, and not to actions which are solely ministerial or clerical. Sec. 2-86. Participation. (a) The terms "participate," and "attempt to influence" as used in Section 3625(b) shall be deemed to include the following: 1. 2. 3. 4. 5. 6. 7 . Participation in debate or deliberations in voting; Preparation of oral or written reports; Rendition of oral or written advice; Testimony before a public agency as a part of official duties; Discussions with any official who must decide the matter; Submission of letters or other documents to any official who must decide the matter; Issuance or denial of official approvals. (b) Nothing contained 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 capa- city, provide whatever information is necessary and perform any other steps which are required of other citizens in the same situation, individually or by counsel. He may not, however, dis- cuss the matter privately with officials who must decide the matter. -2- I I' 1 I \ . ~ O~dinance Number ) Sec. 2-87. Necessity. (a) An official shall not be subject to Section 3625(b) with respect to any matter which cannot be legally acted upon or decided without his participation. (b) Section 3625(d) shall apply where: 1. 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 The official is, by law, the sole officer who can perform the action or make the deJision. /. )~ ,,7-b.aX, 6te- ..:J-h(b)C!- In cases where Subsections 8(6) (1) vI. .8(1~) (2) 0 apply, all otherwise disqualified officials shall participate. 3. (c) this Article be entitled to (d) In all cases involving exceptions hereunder, the official shall comply with Section 3625(d). ~.ec....2-88. Disqualification. An official who refrains from acting in accordance with Section 3625(b) need not declare the nature of the interest which disqualifies him. Sec. 2-~. Interpretation. An official ,.ho 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 i~ the good faith and belief that it is consistent with the pro- visions of the Governmental Conflict of Interests Act and these guidelines, he shall thereafter be entitled to rely on said opinion in discharging his official duties and shall be exempt from the civil penalties of Section 3751 and the sanctions of Section 3753. Sec. 2-90. Limitations on Actions. (a) No action shall be brought pursuant to Section 3751 of the Government Code to restrain the execution of or to set aside as void any decision, contract, order, permit, ordinance, resolution or other official action unless the complaint or petition has been filed and served on the City within thirty (30) days following the decision, contract, order, permit, ordinance, resolution or other official action. (b) No action shall be brought pursuant to Section 3751 of the Government Code to enjoin an official from violating or to compel an official to comply with the provisions of the Governmental Conflict of Interests Act or of this Article, unless the complaint or petition has been filed and served within 180 days after the violation of Section ~625 has occurred: -3- . I L. 0' I - - , I I o. C) , Ordinance Number ~. ~. . Sec. 2-91. Severability. If any section, subsection, sentence, clause or phrase of this Article is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Article. The City Council hereby declares that it would have passed this Article and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that anyone or more section, subsection, sentence, clause or phrase be declared invalid. Section 2. Statement of Urgency. -This ordinance shall take effect as an urgency measure immediately upon its adoption. The City Council declares that it is necessary to the public peace, health, safety and welfare that this ordinance be adopted as an urgency measure. The facts constituting the urgency are: The Governmental Conflict of Interests Act became effective on January 1, 1974. That Act creates serious and multiple obligations for public officials covered by the Act, confers broad enforcement rights upon members of the public and authorizes public agencies to adopt guidelines to aid public officials and members of the public in interpreting and applying the complicated provisions of/the Act. Therefore, the City Council deems it essential that the guide- lines adopted by this ordinance pursuant to the Governmental Conflict of Interests Act be effective immediately to avoid inadvertent violations of the Act, to prevent unmeritorious challenges to public actions and to provide maximum public pro- tection under the Act. 1974, by APPROVED AND ADOPTED this / / ~ay of the fOl~g vote: AYES: ,...L.. --- -: ~4."" ~~ NOES: ~~ ABSENT; _- ~1~ , r I HEREBY CERTIFY th~?e foregoing is a true and correct copy of Ordinance No. , passed and adopted by the City Council of the City 0 eal Beac~ at a meeting thereof held on the c:2.... day of ~:~~.... #'~ ~ -, 1974, and that said Ordinance was posted pursuant to law~ ., -4-