Carlsbad Municipal Code Ch. 1.14 Disqualification for Conflict of Interest

A. This chapter supplements the provisions of the Political Reform Act of 1974 (Act; California Government Code, Section 81000 et seq.) and its implementing regulations (Regulations; California Code of Regulations, Title 2, Section 18110 et seq.) by imposing a stricter standard for determining whether a governmental decision will have a material financial effect on a public official's interest in real property.

B. The City Council further finds that this chapter is enacted in recognition of the City Council's authority under California Government Code Section 81013 to impose additional requirements regarding conflicts of interest and that the additional requirements imposed by this chapter do not prevent a person from complying with the act.

(Ord. NS-38 § 1, 1988; Ord. CS-433 § 2, 2022)

The words and phrases used in this chapter have the same meaning as defined in the act.

(Ord. NS-38 § 1, 1988; Ord. CS-433 § 2, 2022)

A. Section 87100 of the act prohibits a public official from making, participating in making, or attempting to use the official's position to influence a governmental decision in which the official knows or has reason to know the official has a financial interest. Section 87103 provides that an official has a "financial interest" within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect on one or more of the official's interests as identified and distinguishable from the decision's effect on the public generally.

B. The City Council has determined it is reasonably foreseeable that a decision will have a material financial effect on a public official's interest in real property if the decision involves real property with a property line located within 600 feet or less of the official's property. This is a stricter standard than the 500 feet set forth in Regulation 18702.2(a)(7).

C. Except as modified by this section, all public officials and designated employees in the city shall comply in all respects and with all provisions of the act and the regulations related to identifying a conflict of interest based on the material financial effect of a public official's interest in real property.

(Ord. NS-38 § 1, 1988; Ord. NS-575 § 1, 2001; Ord. CS-433 § 2, 2022)

Violations of this chapter are subject to the enforcement and penalty provisions of California Government Code Sections 91000-91014. Any person who knowingly or willfully violates any provision of this chapter is guilty of a misdemeanor. The San Diego County District Attorney is the civil and criminal prosecutor for this chapter.

(Ord. NS-38 § 1, 1988; Ord. CS-433 § 2, 2022)

The provisions of this chapter shall be construed liberally in order to accomplish the intent and purposes of this chapter and the act.

(Ord. NS-38 § 1, 1988; Ord. CS-433 § 2, 2022)

If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter or the application of this chapter to persons or circumstances not similarly situated.

(Ord. CS-433 § 2, 2022)