HomeMy WebLinkAbout90-09 Amending Conflict of Interest CodeORDINANCE NO. 90-9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA,
AMENDING THE CONFLICT OF INTEREST CODE
WHEREAS,.THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa
does hereby find and declare as follows:
WHEREAS, the Political Reform Act ("Act") of 1974, as
amended, authorizes the City of Costa -Mesa to amend its Conflict
of Interest Code; and
WHEREAS, public officials should perform their duties in an
impartial manner, free.from bias or conflict of interest; and
WHEREAS; a City of Costa Mesa Council Member's,
commissioner's or board member's relationship to a spouse, child,
brother, sister or parent has and continues to raise a
substantial question -of -fairness and bias, prejudice or influence
in vital City governmental decision processes, obvious enough to
have an effect on public confidence in such processes; and
WHEREAS, as further evidence of public apprehension
regarding freedom from bias, citizens have deplored the existence
of potential conflicts both at City Council meetings and in the
press; and
WHEREAS, amending the Conflict of Interest Code of the City
of Costa Mesa will provide reasonable assurance that all
foreseeable potential conflict of interest situations will be
disclosed or prevented.
Section 2.
1. Title 2, Chapter III, Section 2-68 is hereby
amended to read as follows:
"(a) This Conflict of Interest Code shall
apply to members of the city council and
r
members of city commissions and boards
established and appointed by city councilor
by law. Except as provided in subsection
(:c), the definitions contained in the
Political Reform Act of.1974 (Government Code
Section 81000 et sea.; hereinafter referred
to as the -"Act"), the regulations and any.
amendments to the Act or regulations, shall
be incorporated herein by -this reference.
(b) The members of city council and members
of City commissions andboards established
and appointed -by city council or by law are
public officials that are deemed to make, or
participate in making, decisions which may
foreseeably have.a material- effect on a
financial interest.
(c) For purposes of this section, a
.financial -interest -as defined -by the Act.
shall also include anindirect investment or
interest which means any.investment or.
interest owned by a public official's.spouse,
children, parent, brother, or sister, or by -
an agent on behalf of,a public official, or
by a business entity or trust in which the
public official, the public official's
agents, spouse,.children, parent, brother, or
sister own directly, indirectly, or.
beneficially a -ten percent (10%) interest or
greater.
(d) In the event the City Attorney is
requested by a member..of city council, or a
member of city commissions or boards
established and appointed by city council or
-by law,'to render an'opinion upon the
question of such public official's
disqualification from making, or
participating in making, of decisions which
may foreseeably have a material effect on a
financial interest, the City Attorney shall
render a written opinion upon such question.
(e) Any council member, or member of city
commissions or boards established and
appointed by city council or by law, who is
disqualified from voting on a particular
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matter by reason of a conflict of interest
shall publicly state or have the presiding
officer or City Attorney state the nature of
such disqualification in the open council, or
commission or board meeting. Where no
clearly disqualifying conflict of interest
appears, the matter of disqualification may,
at the request of the council member
affected, be decided by other council members
or by the City Attorney. A council member
who is disqualified by reason of a conflict
of interest in any matter may remain in his
seat during the debate and not vote on such
matter, or may request and be given the
permission of the presiding officer to step
down from the council table and leave the
council chamber. A council member stating
such disqualification shall not be counted as
a part of a quorum and shall be considered
absent for the purpose of determining the
outcome of any vote on such matter.
(f) As provided in the Act (G.C. Section
87101), this section does not prevent any
public. official from making or participating
in the making of a governmental decision to
the extent his/her participation is legally
required for the action or decision to be
made. The fact that an official's vote is
needed to break a tie does not make his/her
participation legally required for purposes
of this subsection.
Section 3.
If any provision of this ordinance, or the application
thereof, is declared invalid by a court of law, that invalidity
shall not effect other provisions or applications of the
ordinance which can be given effect without the invalid provision
or application, and to this end the provisions of this ordinance
are severable.
Section 4
This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be
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published once in the ORANGE COAST DAILY PILOT,'a newspaper of
general circulation, printed and published in the City of Costa
Mesa or, in the alternative,.the City Clerk may cause to be
published a summary of this Ordiance and a certified copy of the
text of this Ordinance shall be posed in the office of the city -
Clerk five (5) days prior to the date of adoption of this
Ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and
shall post -in the office of the City Clerk a certified copy of
this Ordinance together with the names of the members of the City
Council voting for and against -the same.
PASSED AND ADOPTED this 16th day of July, 1990.
Mayor of the Ci of Costa Mesa
Attest:
'ty Clerk of the City of Coqrta Mesa
APP OVED.AS TO FORM:
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
I,.EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Ordinance No. 90-9was introduced and
considered section by section at a regular meeting of said City
Council held on the 2nd day of July, 1990, and thereafter passed
and adopted as a whole at a regular meeting of said City Council
held on the 16th day of July, 1990, by the following roll call
vote: - �I *L&A;AYES: COUNCILMEMBERS: �XQ
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NOES: COUNCILMEMBERS.
ABSENT: COUNCILMEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed
the Seal of the City of Costa Mesa this 17th day of July, 1990.
Ci -y -Clerk and ex -officio Clerjfof the
City -Council of the City of Cc#ta Mesa
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