Chapter 2.40 — CONFLICT OF INTEREST CODE

(A) In compliance with the Political Reform Act of 1974, California Government Code Section 81000, et seq., the city adopts a conflict of interest code which shall be applicable to all councilmembers, officials and designated employees and consultants of the city pursuant to Government Code Section 87300. Regulations of the Fair Political Practices Commission contain the terms of a standard model conflict of interest code which may be incorporated by reference into the city code and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearing.

(B) Accordingly, the terms of the Fair Political Practices Commission regulation set forth at 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practice Commission ("model code") are adopted and incorporated by reference into the municipal code of the city and with the Appendix A in which designated employee positions are set forth, Appendix B in which disclosure categories are set forth and the other provisions set forth in this chapter constitutes the conflict of interest code of the city which is the "agency" referenced in the model code. Appendices A and B are attached to the ordinance codified in this chapter and on file in the office of the city clerk.

Ord. 92-11 § 1, 1992

All persons holding designated

positions shall file a statement of economic interest with the city clerk at the times specified in Section 5 of the model code which has been adopted and incorporated by reference in this chapter.

Ord. 92-11 § 2, 1992

The contents of any

statement of economic interest filed by the person holding a designated position and the manner of reporting any reportable interest shall be consistent with Sections 6 and 7 of the model code which has been adopted and incorporated by reference in this chapter.

Ord. 92-11 § 3, 1992

No councilmember, official or employee shall engage in or accept any

private employment, or render services for private interest, when such employment or service is incompatible with proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of those duties.

Ord. 92-11 § 4, 1992

No councilmember, official or employee shall, without

proper authorization of the council, disclose confidential information concerning the property, government, or affairs of the city, nor shall he or she use such information to advance the financial interest of himself, herself or others.

Ord. 92-11 § 5, 1992

No councilmember, official or employee shall knowingly accept any gift which

creates a conflict of financial interest and is given by any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the city. No councilmember, official or employee shall accept any gift regardless of amount, retainer or compensation that is contingent upon a specific action by the city council, a city commission or a city agency.

Ord. 92-11 § 6, 1992

No councilmember, official or employee shall have an investment or

monetary interest in any contract with the city made by them in their official capacity, or by any board or body of which they are members except as permitted by Government Code Section 1090, et seq.

Ord. 92-11 § 7, 1992

(A) No councilmember, official or employee shall encourage, make or accept any ex parte or other unilateral application or communication that excludes the interests of other parties in a matter under consideration when such application or communication is designed to influence the official decision or conduct of the official or other officials, employees or agencies in order to obtain a more favored treatment or special consideration to advance the personal or private interest of him or herself or others. The purpose of this provision is to ensure that all interested parties to any matter shall have equal opportunity to express and represent their interests.

(B) Any written ex parte communication received by a councilmember, official or employee in matters where all interested parties should have an equal opportunity to be heard shall be made a part of the record by the recipient.

(C) Any oral ex parte communication received under such conditions should be written down in substance by the recipient and also be made a part of the record.

(D) A communication concerning only the status of a pending matter shall not be regarded as an ex parte communication.

Ord. 92-11 § 8, 1992