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Home My WebLink AboutNS-2472 - Santa Ana Municipal Code Regarding Gifts to Public OfficialsORDINANCE NO. NS-2472 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING Section 2-852 OF THE SANTA ANA MUNICIPAL CODE REGARDING GIFTS TO PUBLIC OFFICIALS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares that a de minimis exception to the City of Santa Ana Gift Ban Ordinance is necessary to promote working relationships between the City of Santa Ana and the business community. De minimis (small or unimportant) gift exceptions, for meals and drinks that total $5.00 or less per occasion, are found throughout county and city ordinances within the state of California. Particularly, the County of Orange Code contains a $5.00 exception to its gift ban ordinance. The City Council acknowledges that impartiality of decisions made by public officials must remain above reproach. However, meals and drinks that total $ 5.00 or less per occasion are so insignificant, the public trust in the impartiality of decision- making will not be compromised by adding this exception to the Gift Ban Ordinance. Section 2: That Section 2-852 of Article IX of Chapter 2 of the Santa Ana Municipal Code is hereby amended to read as follows (additions to existing code shown in underline): Sec. 2-852. Definitions For the purposes of this article: (a) City shall mean the City of Santa Ana. (b) City officer shall mean every person who is elected or appointed to an office of the city which is specified in Section 87200 of the California Government Code. (c) Designated employee shall mean 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 shall mean: (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 twelve (12) months, or Ordinance No. NS-2472 Page 1 of 5 (3) Being engaged as a lobbyist or lobbyist firm, as defined in this article, from the time of such engagement until twelve (12) months after the award of the contract grant, license, permit, or other entitlement for use, which was the subject of the engagement, or (4) Having an existing contractual relationship with the city, until twelve (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 twelve (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 fifty dollars ($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 fifty dollars ($50.00) from any single source in any calendar year. (3) A prize awarded on the basis of chance in a bona fide competition not related to the official status of the public official. (4) Gifts from any agency of a foreign sovereign nation, provided that such gifts are unconditionally donated by the public official to the city within forty-five (45) days of receipt, and the public official does not claim any tax deduction by virtue of such donation. (5) Food and beverages consumed by a public official that total less than five ($5.00) per occasion. (f) 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 Ordinance No. NS-2472 Page 2 of 5 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. (g) 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. (h) 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). (1) 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. (2) 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 conversation or discussion described in subsection (h)(1). 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 subsection (f) or (g). Ordinance No, NS-2472 Page 3 of 5 (i) Public official means every city officer and every designated employee. Section 3: 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 4: 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. ADOPTED this _4th__ day of June, 2001. ATTEST: Patricia E. Healy Clerk of the Council ~Miaguel A. ~'ulido yor COUNCILMEMBERS: Pulido Aye McGuigan Aye Alvarez Aye Bist Aye Christy Aye Franklin Aye Solorio Aye APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ael ViglioCa- - Deputy City Attorney Ordinance No. NS-2472 Page 4 of 5 CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached ordinance No. NS-2472 to be the original ordinance adopted by the City Council of the City of Santa Aha on June 4, 2001; and that said ordinance was published i.~accordance with the Charter of the City of Santa Ana. ' / Clerk of the Council''L/ ('/] City of Santa Aha Ordinance No. NS-2472 Page 5 of 5