In enacting this chapter, it is the city council's intent to
curtail conflict of interest or the appearance of conflict of interest
and reinforce unbiased fairness by the city council and the boards
and commissions which have decision-making authority, in decisions
made by them relating to any individual, entity and applicant seeking
any government entitlement, award, or determination. The purpose of
this chapter is to promote full and accurate disclosure to the public
of any familial, business and organizational relationships that exist
between applicants seeking city council, board, and commission action
and councilmembers, board members and commission members.
(Ord. 5947 § 2, 2020)
"Applicant"
means any individual, person, entity or organization that
makes an application to the city for any award, entitlement, determination
or action and appears before the city council, board or commission
for the consideration of said award, entitlement, determination or
action. For the purposes of this chapter the term applicant includes
the following:
1.
An appellant who has appealed an act, ruling or determination
of a board, commission or officer, or a denial, suspension or revocation
of a permit or license allowed by a provision of this code to the
city council.
2.
A non-profit organization seeking to procure city entitlements,
including, but not limited to, the use of city property and/or city
funding for programs to be implemented by the non-profit organization
including CDBG funding.
"Business relationship"
means, in addition to those business relationships which
are subject to disclosure by law and pursuant to the Political Reform
Act of 1974, a former co-ownership of a business, whether in the form
of a partnership, limited liability partnership, limited liability
corporation, or other business entity or joint venture, in the preceding
five years, between a councilmember, board or commission member and
applicants or individuals appearing before the city council, board
or commission if the councilmember, board or commission member and
applicant or individual each owned 10% or more interest simultaneously
at some point in the preceding five years.
"Boards and commissions"
means those city boards and commissions which have decision
making authority relating to land use and/or the expenditure of funds
on behalf of the city.
"City"
means the city of Glendale.
"City council"
means the Glendale city council pursuant to the City Charter.
"Disclosing party"
means an applicant and/or any individual or representative
appearing on behalf of the applicant for the purpose of advocating
in favor or on behalf of the applicant before the city council, board
or commission. For the purposes of this section disclosing party includes
plural disclosing parties.
"Familial relationship"
means a relationship involving a councilmember, board or
commission member and one or more family member(s), as defined in
this section.
"Family member"
means, in addition to those familial relationships subject
to disclosure under law and pursuant to the Political Reform Act of
1974, a person related to a councilmember, board or commission member
within the first degree by consanguinity (blood) which includes father,
mother, son, daughter, siblings, grandparents, aunts, uncles, first
cousins, or affinity (marriage) which includes a spouse, father-in-law,
mother-in-law, son-in-law, daughter-in-law, siblings-in-law, step-children,
or step-siblings.
"Non-profit organization"
means an entity that has been granted tax-exempt status by
the Internal Revenue Service because it engages in furthering a social
cause and provides a public benefit.
"Organizational relationships and memberships"
means, in addition to those relationships subject to disclosure
under law and pursuant to the Political Reform Act of 1974, membership
by a councilmember, board or commission member and/or a councilmember's,
board member's or commission member's spouse or domestic partner and
applicants or individuals appearing before the city council, board
or commission in the same civic, fraternal, religious or non-profit
organizations. For the purposes of this section, the definition of
organizational relationships and memberships also includes instances
where a sub-organization of a parent organization in which a councilmember,
board or commission member and/or a councilmember's, board or commission
member's spouse or domestic partner is a member of and that sub-organization
is appearing before the council, board or commission, or vice versa.
(Ord. 5947 § 2, 2020; Ord. 5975 § 3, 2021)
Any failure to comply with the provisions of this chapter may
render an action taken, by the city council, voidable by the council
provided the decision may be legally subject to rescission or reconsideration.
Any failure to comply with the provisions of this chapter pertaining
to a decision of a board or commission shall be disclosed on the record
at a subsequent meeting of said board or commission and shall be recorded
in the meeting minutes of said board or commission.
(Ord. 5947 § 2, 2020)