Isleton Municipal Code Ch. 2.44 Conflict of Interest

Pursuant to section 3626 of the California Government Code, the city council hereby adopts the following guidelines for its public officials in their determination of whether they have an economic interest or interests which are in substantial conflict with their official duties and powers under section 3625(a) and in the determining whether they have an economic interest in matters for purposes of section 3625(b). Nothing contained herein is intended to modify or abridge the provisions of the Governmental Conflict of Interest Act, sections 1090 through 1097 or any other provisions of law pertaining to conflict of interests. This provision shall be interpreted in a manner consistent therewith. Nothing contained herein shall be deemed adopted pursuant to or in implementation of section 3603 or section 3704.

(Ord. No. 220)

The "public officials," "officials," and "elective and appointive officers" subject to the provisions of section 3625 are:

A. Members of the city council;

B. Members of the planning commission.

(Ord. No. 220)

An economic interest in substantial conflict with the proper exercise of an official's duties within the meaning of section 3625(a) shall not be deemed to exist unless the official would be required to disqualify himself under section 3625(b) on a continuous and regular basis from activities and actions which constitute a major and significant portion of his official duties and thereby impair his ability to function effectively and fulfill the duties of the office.

(Ord. No. 220)

An action or decision shall not be deemed to have a material effect on an economic interest unless the official has reason to believe that, by reason of the action or decision, an investment, or interest in real property, may increase or decrease in value, other than negligibly, or a business entity from which the official derives income or in which he holds a position of employment or management will gain or lose monetarily, other than negligibly. An increase or decrease of less than one percent of the value of an investment, interest in real property, or business entity, shall be deemed negligible.

(Ord. No. 220)

Section 3625(b) shall apply only to actions which involve discretion or judgment. It does not apply to actions which are solely ministerial or clerical.

(Ord. No. 220)

A. The terms "participate," and "attempt to influence" as used in section 3625(b) shall be deemed to include the following:

1. Participation in debate or deliberations or voting.

2. Preparation of oral or written reports.

3. Rendition of oral or written advice.

4. Testimony before a public agency as a part of official duties.

5. Discussions with any official who must decide the matter.

6. Submission of letters or other documents to any official who must decide the matter.

7. Issuance or denial of official approvals.

B. Nothing contained herein or in section 3625 shall abridge the right of any citizen, whether or not a public official, to submit information or express views on the same basis as any other private citizen, provided such is done in public and the person indicates that he is acting in a private capacity.

C. An official directly involved in a matter, whether as a party, an applicant or otherwise, may, in his private capacity, provide whatever information is necessary and perform any other steps which are required of other citizens in the same situation, individually or by counsel. He may not, however, discuss the matter privately with officials who must decide the matter.

(Ord. No. 220)

A. An official shall not be subject to section 3625(b) with respect to any matter which cannot be legally acted upon or decided without his participation.

B. Section 3625(d) shall apply where:

1. A statutory quorum or a simple majority cannot be achieved by continuance for a reasonable time or within legally mandated time limits; or

2. More than a simple majority vote is required to take a proposed action and the number of officials entitled to vote is less than the number of votes required for the action to be taken; or

3. The official is, by law, the sole officer who can perform the action or make the decision.

C. In cases where subsection B.1 or B.2 above apply, all otherwise disqualified officials shall be entitled to participate.

D. In all cases involving exceptions hereunder, the official shall comply with section 3625(d).

(Ord. No. 220)

An official who refrains from acting in accordance with section 3625(b) need not declare the nature of the interest which disqualifies him.

(Ord. No. 220)

An official who is unsure of the application or nature of the prohibitions contained in section 3625 may secure an opinion from the city attorney. Said opinion may be written or oral, provided in the case of an oral opinion it shall be given during a regular or special meeting of the body of which the official is a member and shall be entered in the minutes of said meeting. When said opinion is complied with in the good faith belief that it is consistent with the provisions of the Governmental Conflict of Interests Act and these guidelines, he shall thereafter be entitled to rely on said opinion in discharging his official duties and shall be exempt from the civil penalties of section 3751 and the sanction of section 3753.

(Ord. No. 220)

A. No action shall be brought pursuant to section 3751 of the California Government Code to restrain the execution of or to set aside as void any decision, contract, order, permit, ordinance, resolution or other official action unless the complaint or petition has been filed and served on the city clerk within 30 days following the decision, contract, order, permit, ordinance, resolution or their official action.

B. No action shall be brought pursuant to section 3751 of the California Government Code to enjoin an official from violating or to compel an official to comply with the provisions of the Governmental Conflict of Interest Act or to this Code, unless the complaint or petition has been filed and served within 180 days after the violation of section 3625 has occurred.

(Ord. No. 220)