The proper operation of municipal government requires that public
officials and employees be independent, impartial and responsible
to the people, that governmental decisions and policy be made in the
proper channels of the governmental structure, and that public office
not be used for personal gain.
(Ord. 738 § 1, 1973)
Public officials are elective officials of the city and the
members of all official boards, commission and committees of the city.
Public officials and employees are bound to uphold the Constitution
of the United States and the Constitution of the state of California
and to carry out the laws of the nation, state and municipality. Public
officials and employees are bound to observe in their official acts
the highest standards of morality and to discharge faithfully the
duties of their offices regardless of personal consideration, recognizing
that conduct in both their official and private affairs should be
above reproach.
(Ord. 738 § 1, 1973)
Public officials and employees should not exceed their authority
or breach the law or ask others to do so and they should work in full
cooperation with other public officials and employees unless prohibited
from so doing by law or officially recognized confidentiality of their
work.
(Ord. 738 § 1, 1973)
Preferential consideration of the request or petition of any
individual citizen or group of citizens shall not be given. No person
shall receive special advantages beyond that which are available to
any other citizen.
(Ord. 738 § 1, 1973)
No official or employee shall request or permit the use of city-owned
vehicles, equipment, materials or property for personal convenience
or profit, except when such services are available for the public
generally or are provided as municipal policy for the use of such
official or employee in the conduct of official business. No public
official or employee shall use the time of any city employee during
working hours for personal convenience or profit.
(Ord. 738 § 1, 1973)
No public official or employee in the course of his official
duties shall grant any special consideration, treatment or advantage
to any citizen beyond that which is available to every other citizen
in the same circumstances.
(Ord. 738 § 1, 1973)
(a)
Conflict
with proper discharge of duties—No public official or employee,
while serving as such, shall have any interest, financial or otherwise,
direct or indirect, or engage in any business or transaction or professional
activity, or incur any obligation of any nature which is in substantial
conflict with the proper discharge of his duties in the public interest
and of his responsibilities as prescribed by the ordinances or resolutions
of the city.
(b)
Incompatible
Employment—No public official or employee shall accept other
employment which he has reason to believe will either impair his independence
of judgment as to his official duties or require him or induce him
to disclose confidential information acquired by him in the course
of and by reason of his official duties.
(c)
Disclosure
of Confidential Information—No public official or employee shall
wilfully and knowingly disclose for pecuniary gain to any other person
confidential information acquired by him in the course of and by reason
of his official duties nor shall any public official or employee use
any such information for the purpose of pecuniary gain.
(d)
Gifts—No
public official or employee shall receive or agree to receive, directly
or indirectly, any compensation, reward or gift from any source except
the City of Laguna Beach, for any service, advice, assistance or other
matter related to the legislative process, except for fees for speeches
or published works on legislative subjects and except in connection
therewith reimbursement for expenses for actual expenditures for travel,
and reasonable subsistence for which no payment or reimbursement is
made by the City of Laguna Beach.
(e)
Conflict
of Interest—A conflict of interest exists in a matter before
an official for consideration or determination if:
(1)
The public official has a substantial financial or substantial personal
interest in the outcome or is associated as owner, member, partner,
officer, employee, broker or stockholder in an enterprise that will
be affected by the outcome, and such interest is or may be adverse
to the public interest in the proper performance of governmental duties
by the official;
(2)
The public official has reason to believe or expect that he will
derive a direct monetary gain or suffer a direct monetary loss, as
the case may be, by reason of his official activity;
(3)
The public official, because of bias or prejudice, or because he
has prejudged a matter set for public hearing is incapable because
of such bias, prejudge or prejudgment of granting to the matter before
him a fair and impartial hearing;
(4)
The public official has any prohibited interest as defined by the
California Government Code Sections 1090 et seq. and Sections 1120
et seq., relating to conflicts of interest.
|
Personal interest as distinguished from financial interest is
defined as including, among other matters, an interest arising from
blood or marriage relationships or close business association.
|
(f)
No
public official or employee shall acquire any financial interest in
or accept any employment concerning any project which has been the
subject of a discretionary approval by the city or any commission,
board, department, or employee thereof within two years previous to
such interest or employment if such public official or employee participated
in any manner in considering or recommending the approval or disapproval
of said project.
(Ord. 738 § 1, 1973; Ord. 882 § 1, 1976)
Any councilman who has a conflict of interest, as defined herein,
in any matter before the city council, shall disclose such fact on
the records of the city council prior to discussion thereon and refrain
from participating in any discussion or voting thereon, provided that
such exceptions shall be observed as are permitted by law.
Any member of any official board, commission or committee who
has a conflict of interest as defined herein, in any matter before
the board, commission or committee, of which he is a member, shall
disclose such fact on the records of such board, commission or committee
prior to discussion thereon and refrain from participating in any
discussion or voting thereon, provided that such exceptions shall
be observed as are permitted by law.
Any employee who has a financial or other special interest in
a matter before the city council or any board, commission or committee
and who participates in discussion with, or gives an official opinion
to the council, or to such board, commission or committee relating
to such matter, shall disclose on the records of the council or such
board, commission or committee, as the case may be, the nature and
extent of such interest.
(Ord. 738 § 1, 1973)
Public officials and employees of the city shall comply with
applicable provisions of state law relative to conflicts of interest
and generally regulating the conduct of public officials and employees.
(Ord. 738 § 1, 1973)
This code shall be deemed to set forth the minimum ethical standards
to be followed by all officials and employees of the city.
(Ord. 738 § 1, 1973)
