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Home My WebLink AboutCC ORD 1974-1413Amended by Ordinance 1419 1413 AN ORDINANCE OF THE CITY OF NATIONAL CITY RELATING TO GUIDELINES FOR THE IMPLEMENTATION OF THE GOVERNMENTAL CONFLICT OF INTERESTS ACT ORDINANCE NO. 1413 duties and shall be exempt from the and the WHEREAS, the Legislature State of California has adop Governmental Conflicts of Inte (Division 4.5, Title 1, Califor ernment Code added by Chap of the 1973 Statutes), and WHEREAS, said Act provid public agencies may adopt g for its officials in their deter whether they have an economic or interests which are in sub conflict with the proper exer their official duties and powers WHEREAS, the City Council of the City of National City desires to adopt guidelines to assist its officials in such determination; NOW, THEREFORE, THE CITY COUN- CIL OF THE CITY OF NATIONAL CITY DOES ORDAIN AS FOLLOWS: Pursuant to Section 3626 of th ernment Code, the City Council City of National City adopts th lowing guidelines for its public o in their determination of whethe have an economic interest or in which are in substantial conflict their official duties and powers Section 3625(a) and in deter whether they have an economic in in matters for purposes of S 3625(b). Nothing contained here intended to modify or abridge the visions of the Governmental Confli Interests Act, Sections 1090 th 1097 of any other provisions of pertaining to conflict of interests. Article shall be interpreted in a m consistent therewith. Nothing cont herein shall be deemed adopted pur- suant to or in implementation of Section 3603 or 3704. All numerical section references cited in the body of this Article are to the Government Code unless otherwise specified. SECTION 2. Designation of Officials Thublicofficials," "officials," and "elective the and appointive officers subject362 s are: tprovisions of Section 1. Mayor 2. Councilmen 3. Civil Service Commission 4. Parks and Recreation Advisory Board 5. Planning Commission 6. National City Library Board of Trustees 7. Building and Housing Advisory and Appeals Board 8. Street Tree and Parkway Com- mittee 9. Sister City Committee 10. Traffic Safety Committee 11. City Manager 12. City Attorney 13. City Clerk 14. City Treasurer 15. Police Chief 16. Fire Chief 17. Planning Director 18. Building and Housing Director 19. Director of Public Works 20. Director of Parks and Recreation 21. Assistant City Manager 22. Assistant Planner SECTION 3. Deputies A deputy or assistant of any of th officers designated in Section 2 who empowered to act in the place of th officer shall be subject to the visions of Section 3625. SECTION 4. 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 re- quired to disqualify himself under Sec- tion 3625(b) on a continuous and regular basis from activities and actions which constitute a major and signifi- cant portion of his official duties and thereby impair his ability to function effectively and fulfill the duties of the office. of the SECTION 5. Material Economic Effect ted the An action or decision shall not be rest Act deemed to hove a material effect on an nia Gov- economic interest unless the official has c ter 1166 reason to believe that, by reason of r the action or decision, an investment, t es that or interest in reai property, may in- uidelines crease or decrease in value, other than mination negligibly, or a business entity from interest which the official derives income or in stantial which he holds a position of employ- cise of ment or management will gain or lose , and 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 6. Ministerial and Clerical Duties Section 3625(b) shall apply only to actions which involve discretion or judgment. It does not apply to actions which are solely ministerial or clerical. SECTION 7. Participation ARTICLE I GOVERNMENTAL CONFLICT OF INTERESTS ACT GUIDELINES SECTION 1. Purpose and Effect e Gov- a. The terms "participate," and "at - of the tempt to influence" as used in Section e fol- 3625(b) shall be deemed to include the following: fficials r they 1. Participation in debate or de- terests liberations or voting. with 2. Preparation of oral or written under reports. mining 3. Rendition of oral or written ad- terest vice. ection 4. Testimony before a public agency in is as a part of official duties pro- ct of rough law This anner ained . Discussions with any official who pass must decide the matter. fifte 6. Submission of letters or other the documents to any official who pap must decide the matter. of hereunderl,all the cases eofficialyi shallcomply e is with Section 3625(d). SECTION 9. Disqualification who refrains from inAaccordance with Section3625(b) need not declare the nature of t interest which disqualifies him. SECTION 10. Interpretation An official who is unsure of the ap- plication or nature of the prohibitions contained in Section 3625 may secure a written opinion from the City At- torney. When said opinion is comp!' with in the good faith belief that consistent with the provisions o Governmental Conflict of Interest and these guidelines, he shall there- after be entitled to reply on said opinion in discharging his official of in a PPli- ivate ATT ation S/IO other City other Pa ivid- the r his on M dis- cials vote, Ay Pinso t to No any Abs cted Abs pa- AU Is the b. An official directly involved matter, whether as a party, an a cant or other wise, may, in his pr capacity, provide whatever inform is necessary and perform any steps which are required of citizens in the same situation, ind ually or by a representative. He o representative may not, however, cuss the matter privately with offi who must decide the matter. SECTION 8. Necessity a. An official shall not be subjec Section 3625(b) with respect to matter which cannot be legally a upon or decided without his partici tion. 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 1 H 2. More than a simple majority vote going is required to take a proposed until s action and the number of of- betwee ficials entitled to vote is less the da than the number of votes re- March quired for the action to be taken; or I F 3. The official is, by law, the sole final n officer who can perform the final p action or make the decision. said o c. In cases where Subsections (b) (1) with b or (b) (2) of this Section apply, C all ouncil otherwise disqualified officials shall be tho f ou entitled to participate.for the of the the day printed 7. Issuance or denial of official ap- provals. civil penalties of Section 3751 sanctions of Section 3753. SECTION 11. Limitations on Actions a. No action shall be brought pur- suant to Section 3751 of the Govern- ment Code to restrain the execution of or to set aside as void any decision, ontract, order, permit, ordinance, esolution or other official action unless he complaint or petition has been filed nd served on the City Clerk within thirty (30) aays following the decision, contract, order, permit, ordinance, resolution or other official action. b. No action shall be brought pur- suant to Section 3751 of the Govern- ment Code to enjoin an official from violating or to compel an official to comply with the provisions of the Gov- ernmental Conflict of Interests Act or of this Article unless the complaint or petition has been filed and served with. in 180 days after the alleged violation of Section 3625 has occurred. SECTION 12. Severability If any section, subsection, sentence, clause or phrase of this Article is for any reason held by a court of com- petent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ar- ticle. The City Council hereby declares that it would have passed this Article and each section, subsection, sentence, clause and phrase thereof, irrespective of that fact that any one or more section, subsection, sentence, clause or phrase be declared invalid. SECTION 13. This ordinance shall be effective thirty (30) days after its age and shall be published within en (15) days of its passage once in National City Star News, a news- er of general circulation in the City National City, California. ASSED AND ADOPTED this 19th day March, 1974. S/KILE MORGAN EST: Mayor NE MINOGUE CAMPBELL Clerk ssed and adopted by the Council of City of National City, California, arch 19, 1974 by the following to -wit: es: Councilmen Camacho, Dolla, n, Reid, Morgan ys: Councilmen None ent: Councilmen None Lain: Councilmen None THENTICATED BY: KILE MORGAN Mayor of the City of National City, California S/IONE MINOGUE CAMPBELL City Clerk of the City of National City, California EREBY CERTIFY that the fore - ordinance was not finally adopted even calendar days had elapsed n the day of its introduction and y of its final passage, to wit, on 12, 1974 and on March 19, 1974. URTHER CERTIFY THAT said ace was read in full prior to its assage or that the reading of rdinance in full was dispensed Y a vote of not less than a y of the members elected to the and that there was available consideration of each member Council and the public prior to of its passage a written or copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORD NANCE NO. 1413 of the City Na ' nal City, passed and a.o. ed .y the ncil of said City on Marc •, 1974. (se AND so - h to I.,. S/IONE MINOGUE C PBELL City Clerk of ttI1 City of National City(, alifornia BY CERTIFY that the s been my published accord S/IONE MINOG tf( CAMPBELL (Seal) City Clerkthe City of National ty, California