HomeMy WebLinkAbout11A - 2ND READ ORD LEGAL DEFENSE FUNDREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 5, 2016
TITLE:
ORDINANCE - SECOND READING:
ADD SECTION 2 -111 TO THE SANTA
ANA MUNICIPAL CODE REQUIRING
MAYOR AND COUNCILMEMBER
DISQUALIFICATIONS AFTER
RECEIVING A LEGAL DEFENSE FUND
CONTRIBUTION
(STRATEGIC PLAN NO. , 1)
`� ngITY MANAGER
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On June 21, 2016, the following ordinance was introduced for first reading and City Council
authorized publication of title by a vote of 7 -0:
ORDINANCE NO. NS -2902 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE BY
ADDING A NEW SECTION 2 -111 REQUIRING MAYOR AND COUNCIL MEMBER
DISQUALIFICATIONS AFTER RECEIVING A LEGAL DEFENSE FUND CONTRIBUTION
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Maria D. Huizar,
Clerk of the Council
EXHIBIT: 1. Ordinance No. NS -2902
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SRC 06/01/2016
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA
ANA MUNICIPAL CODE BY ADDING A NEW SECTION 2-
111 REQUIRING MAYOR AND COUNCIL MEMBER
DISQUALIFICATIONS AFTER RECEIVING A LEGAL
DEFENSE FUND CONTRIBUTION
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. That the California Political Reform Act permits a local candidate or
elected officer to establish a separate fund for legal defense, if the
candidate or officer is subject to one or more civil, criminal, or
administrative proceedings arising directly out of the conduct of an
election campaign, the electoral process, or the performance of the
officer's governmental duties.
B. That cities have explicit authority to impose limitations, restrictions and /or
create consequences in relation to contributions to any separate legal
defense fund established by a local candidate or office holder.
Section 2. Chapter 2 of the Santa Ana Municipal Code is hereby amended by
adding a new Section 2 -111 to read as follows:
"Sec. 2.111. - Disqualification due to legal defense fund contribution
Neither the mayor, nor any councilmember, shall participate in, or use his or her official
position to influence a decision to be made by the City Manager or the City Council if it is
reasonably foreseeable that the decision will have a material financial effect, apart from its effect
on the public generally or a significant portion thereof, on a recent legal defense fund contributor.
As used herein, "legal defense fund contributor" means any individual or entity who or which has
made a legal defense fund contribution totaling two hundred fifty dollars ($250.00) or more to the
mayor or a councilmember or to any campaign committee controlled by the mayor or the
councilmember in the twelve -month period immediately preceding the date of the decision. For
purposes of this Section 2 -111 any individual who has more than a ten percent (10 %) equity or
revenue interest in the contributing entity, or anyone who is a trustee, director, partner or officer of
the contributing entity, shall also be deemed a legal defense fund contributor. "
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
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Exhibit 1
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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.
ADOPTED this day of
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:�f,�l�f�L �• try
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
2016
Miguel A. Pulido
Mayor
CERTIFICATE OF ATTESTATION AND ORIGINALITY
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