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)
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)
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)
It is the duty of each person described in Sections 2.50.020 and 2.50.030, except elected city officers, as soon as they become aware that they hold an interest prohibited by Section 3625, to immediately advise, in writing, their appointing officer that they hold such interest.
(Ord. 473, 1974)