HomeMy WebLinkAboutNS-2902 - Amending Chapter 2 of Santa Ana Municipal Code by Adding A New Section 2-111 Requiring Mayor and Council Member...SRC 06/01/2016
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
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
Ordinance No. NS -2902
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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 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 5" day of July, 2016.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
AYES: Councilmembers: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento (6)
NOES: Councilmembers:
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Tinaiero (1)
Ordinance No. NS -2902
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS -2902 to be the original ordinance adopted by the City Council of the
City of Santa Ana on July 5, 2016, and that said ordinance was published in accordance
with the Charter of the City of Santa Ana.
Date 7(( 4Lv,
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2902
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