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HomeMy WebLinkAboutNS-2201 - Adding Article IX to Chapter 2 of the Santa Ana Municipal Code to Prohibit the Donation and Receipt of Specified Gifts ...I 08 ORDINANCE NO. NS-2201 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE IX TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT THE DONATION AND RECEIPT OF SPECIFIED GIFTS TO PUBLIC OFFICIALS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding an article, to be numbered IX, and consisting of sections to be numbered 2-851 through 2-854, to Chapter 2 thereof, which said article reads as follows: ARTICLE IX SIFTS TO PUBLIC OFFICIALS Bec. 2-851. Purpose; meaning of terms; citation. interpretation; The city Council finds that the receipt of gifts by public officials from persons who do business with the city erodes public confidence in the impartiality of decisions made by those officials. The purpose of this article is to prohibit the donation and receipt of specified gifts, thereby eliminating, to the extent possible, such loss of confidence. Unless otherwise expressly defined, the terms used in this ordinance shall have the same meaning as defined in the California Political Reform Act (Title 9 of the California Government Code) and regulations issued by the Fair Political Practices Commission pursuant to the authority of the Political Reform Act, as the Act and regulations shall be, from time to time, amended. This article shall be known as, and may be cited as, the "city of Santa Ana Gift Ban Ordinance." 2-852. Definitions. For the purposes of this article: (a) "City" means the city of Santa Ana. (b) "City officer" means every person who is elected or appointed to an office of the city which is specified in 1 I ORDINANCE NS-2201 ~IQ Page 2 (c) Section 87200 of the California Government Code. "Designated employee" means every employee of the city who is designated in the city's Conflict of Interest Codes to file a statement of economic interests and every member of a city board or commission required to file such a statement. (d) "Doing business with the city" means: (1) seeking the award of a contract or grant from the City, or (2) having sought the award of a contract or grant from the city in the past 12 months, or (3) being engaged as a lobbyist or lobbyist firm, as defined in this Article, from the time of such engagement until 12 months after the award of the contract grant, license, permit, or other entitle- ment for use, which was the subject of the engage- ment, or (4) having an existing contractual relationship with the City, until 12 months after the contractual obligations of all parties have been completed, or (5) seeking, actively supporting, or actively opposing the issuance, by the City, of a license, permit, or other entitlement for use, or having done any of these things within the past 12 months. (e) "Gift" shall have the meaning it is defined to have in the California Political Reform Act, and the regulations issued pursuant to that Act, except that the following shall not be deemed to be gifts: (1) Meals, beverages, and free admission at any event sponsored by, or for the benefit of, a bona fide educational, academic, or charitable organization, and commemorative gifts from such organizations with a cumulative value, from any single source, of $50.00 or less during any twelve month period. (2) Flowers, plants, balloons or similar tokens which are given to express condolences, congratulations, or sympathy for ill health, or to commemorate special occasions, provided that gifts made or received under this exemption shall not exceed a value of $50.00 from any single source in any calendar year. I ORDINANCE NS-2201 Page 3 (3) (4) A prize awarded on the basis of chance in a bona fide competition not related to the official status of the public official. Gifts from any agency of a foreign sovereign nation, provided that such gifts are unconditionally donated by the public official to the city within 45 days of receipt, and the public official does not claim any tax deduction by virtue of such donation. (f) (g) (h) (i) "Lobbyist" shall mean any individual, including an attorney, who is employed or contracts for consideration, other than reimbursement of reasonable travel expenses, to communicate directly with any City officer for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the city, or the issuance, by the City, of a license, permit, or other entitlement for use. An attorney shall not be considered a lobbyist when performing activities which can only be performed by a person admitted to the practice of law. ,,Lobbyist firm" shall mean (1) any business entity, which is employed or contracts for consideration, other than reimbursement of travel expenses, to communicate directly with a city officer for the purpose of seeking, actively supporting or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license, permit, or other entitlement for use, or (2) any business entity of which any member or employee is a lobbyist. "Principal" shall mean any individual or business entity which employs or contracts with a lobbyist or lobbyist firm for any of the purposes stated in subsections (f) or (g) of this section. An individual or business entity shall be deemed to be employed or contracting to communicate directly with a city officer if it is reasonably foreseeable that in the course of employment or in the course of performing the contract the individual or an employee of the entity will have a telephone conversation or a discussion with any City officer, outside of any meeting governed by the Ralph M. Brown Act (which is codified in the California Government Code commencing with section 54950), for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the City, or the issuance, by the city, of a license, permit, or other entitlement for use. { ORDINANCE NS-2201 '214 Page 4 (j) An individual lobbyist who is an officer, partner or employee of his or her principal shall be deemed to be "engaged" within the meaning of this section on the first occasion on which he or she engages in a telephone con- versation or discussion described in subsection (i) of this section. A lobbyist firm, or an individual lobbyist who is not an officer, partner or employee of his or her principal shall be deemed to be "engaged" within the meaning of this section upon the completion of an agreement, oral or written, to provide the services specified in subsections (f) or (g) of this section. (k) "Public official" means every City officer and every designated employee. Sec. 2-853. Prohibitions. (a) No person who is doing business with the city shall make any gift to any city officer. (b) No person who is doing business with the City shall make any gift to any designated employee, who, by virtue of his city employment, could make a governmental decision, participate in making a governmental decision, or use his or her official position to influence a governmental decision regarding the pending business of the donor, or who has done any of the above during the twelve months preceding the donation. (c) No City officer shall solicit or accept any gift from any person whom he knows, or has reason to know, is doing business with the city. (d) No designated employee shall solicit or accept any gift from any person whom he knows, or has reason to know, is doing business with the City, when such employee by virtue of his City employment, could make a governmental decision, participate in making a governmental decision, or use his or her official position to influence a governmental decision regarding the pending business of the donor, or has done any of the above during the twelve months preceding the donation. (e) No public official shall accept any gift when the identity of the donor is not known to the public official. 2-854. (a) Any Violations and enforcement. City officer who violates section 4 2-853 shall be ORDINANCE NS-2201 2'1 6 Page 5 (b) (c) (d) (e) guilty of a misdemeanor. Any designated employee who violates section 2-853 shall be subject to discipline for such violation, including, in appropriate cases, termination of employment. Any member of any City board or commission, other than a board or commission established by the Constitution or a statute of the State of California, who violates section 2-853, shall be subject to removal from office. Any person who violates subsection (a) of (b) of section 2-853 shall be guilty of a misdemeanor. These enforcement provisions are in provided in section 1-8 of this code, are not mutually exclusive. lieu of the penalty are cumulative, and SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. 5 ORDINANCE NSL2201 ~ ~1~ Page 6 ADOPTED this 19th day of July 1993. ATTEST: CO~{CILMEMBERS: Young Aye Pulido Aye Lutz Aye Mills Aye Moreno Aye Norton Aye Richardson Aye Da~/H.; Young x~j / Mayor APPROVED AS TO FORM: Edward~U%~. C~ city Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JAN1CE C. GUY, Clerk of the Council, do hereby certify the attached NS-2201 tO be the original Ord. City of Santa Aha on 7-19-93 Drdinance adopted bythe City Councilofthe ; and that said ordinance was published in accordance with the Charter of t~.~ty of Santa Anat._ Date: '-~//23/~'.:~ 6 ~ ~'~', ~ ~ / Clerk of the Council City of Santo Ana I