This chapter is enacted for the purpose of adopting guidelines for public officials of the city of San Dimas 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) and in determining whether they have an economic interest in matters for purposes of Section 3625 (b). Nothing contained herein is intended to modify or abridge the provisions of the Governmental Conflict of Interests Act, commencing with Section 3600 of the Government Code; Article 4, commencing with Section 1090, of Chapter 1 of Division 4 of Title 1 of the Government Code; or any other provisions of law pertaining to conflict of interests. This chapter shall be interpreted in a manner consistent therewith. All four digit numerical section references cited in the body of this chapter are to the Government Code unless otherwise specified.
(Ord. 473, 1974)
The public officials, officials, and elective and appointive
officers subject to the provisions of Section 3625 and of this chapter
are:
(1)
Mayor;
(2)
Members
of the city council;
(3)
City
manager;
(4)
Members
of the planning commission;
(5)
Planning
director;
(6)
Members
of the community redevelopment agency.
(Ord. 473, 1974)
A deputy or assistant of any of the officers designated in Section 2.50.020, who is empowered to act in the place of that officer, shall be subject to the provisions of Section 3625 and of this chapter.
(Ord. 473, 1974)
An economic interest in substantial conflict with the proper
exercise of an officials duties within the meaning of Section 3625(a)
shall not be deemed to exist unless the official would be required
to disqualify himself under Section 3625(b) on a continuous and regular
basis from activities and actions which constitute a major and significant
portion of his official duties and thereby impair his ability to function
effectively and fulfill the duties of the office.
(Ord. 473, 1974)
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 or she 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.
(Ord. 473, 1974)
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.
(Ord. 473, 1974)
A.
The
terms, "participate" and "attempt to influence", as used in Section
3625(b), shall be deemed to include the following:
1.
Participation
in debate or deliberations or voting;
2.
Preparation
of oral or written report;
3.
Rendition
of oral or written advice;
4.
Testimony
before a public agency as a part of official duties;
5.
Discussions
with any official who must decide the matter;
6.
Submission
of letters or other documents to any official who must decide the
matter;
7.
Issuance
or denial of official approval.
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 or she 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 capacity, 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 or
she may not, however, discuss the matter privately with officials
who must decide the matter.
(Ord. 473, 1974)
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.
Subsection A of this section, and 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 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
3.
The
official is, by law, the sole officer who can perform the action or
make the decision.
C.
In cases
where subsections (B)(1) or (B)(2) of this section apply, all otherwise
disqualified officials shall be entitled to participate.
D.
In all
cases involving exceptions hereunder, the official shall comply with
Section 3625(d) and any other provisions of law requiring the official
to specifically disclose, as a matter of official public record, the
existence of any economic interest described in Section 3625(c) and
describe with particularity the nature of the interest before he acts
or decides or participates in any action or decision; and provided,
further, that he in no way attempts to influence any other public
official with respect to the matter.
(Ord. 473, 1974)
An official who refrains from acting in accordance with Section
3625(b) need not declare the nature of the interest which disqualifies
him or her.
(Ord. 473, 1974)
An official who is unsure of the application or nature of the
prohibitions contained in Section 3625 or in this chapter may secure
a written opinion from the city attorney. When said opinion is complied
with in the goodfaith belief that it is consistent with the provisions
of the Governmental Conflict of Interests Act and this chapter, 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.
(Ord. 473, 1974)
A.
No action
shall be brought pursuant to Section 3751 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 clerk, or such other
person as provided by law, within thirty days following the decision,
contract, order, permit, ordinance, resolution, or other official
action.
B.
No action
shall be brought pursuant to Section 3751 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 Ordinance,
or to assess a penalty pursuant to Section 3751(c), unless the complaint
or petition has been filed and served within one hundred eighty days
after the violation of Section 3625 has occurred.
(Ord. 473, 1974)
