Kern County Municipal Code Ch. 2.02 Conflict of Interest

A. No appointed officer or employee of the county of Kern shall engage in any employment, activity or enterprise which results in any of the following:

1. Using the prestige or influence of a county office or employment for the officer's or employee's private gain or advantage, or the private gain or advantage of another;

2. Using county time, facilities, equipment or supplies for the officer's or employee's private gain or advantage, or the private gain or advantage of another;

3. Using confidential information acquired by virtue of county employment for the officer's or employee's private gain or advantage, or the private gain or advantage of another;

4. Receiving or accepting money or any other consideration from anyone other than the county for the performance of an act which the officer or employee would be required or expected to render in the regular course or hours of his county employment or as a part of his duties as a county officer or employee;

5. Performance of an act in other than his capacity as a county officer or employee knowing that such act may later be subject, directly or indirectly, to the control, inspection, review, audit or enforcement by the officer or employee or by the department or agency by which he is employed;

6. Make, participate in making or in any way attempt to use his official position to influence a governmental decision (other than a decision affecting the officer's or employee's wages, hours, or working conditions) in which he knows or has reason to know he has a financial interest. The provisions of Government Code Sections 87100 through 87103.5, as amended from time to time, including, but not limited to, the definition of what constitutes "financial interest," and the regulations of the California Fair Political Practices Commission shall be controlling.

For purposes of this subsection an officer or employee has a "financial interest" in a decision if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the officer or employee or a member of his immediate family or on:

a. Any business entity in which the officer or employee has a direct or indirect investment worth one thousand dollars ($1,000.00) or more.

b. Any real property in which the officer or employee has a direct or indirect interest worth one thousand dollars ($1,000.00) or more.

c. Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250.00) or more in value provided to, received by or promised to the officer or employee within twelve (12) months prior to the time when the decision is made.

d. Any business or entity in which the officer or employee is a director, officer, partner, trustee, employee, or holds any position of management.

e. Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250.00) or more in value provided to, received by or promised to the officer or employee within twelve (12) months prior to the time when the decision is made.

"Indirect investment or interest" means any investment or interest owned by the spouse or dependent child of the officer or employee, by an agent on behalf of the officer or employee, or by a business entity or trust in which the officer or employee, the officer's or employee's agents, spouse, and dependent children own directly, indirectly, or beneficially a ten percent (10%) interest or greater.

7. Non-county employment or self-employment outside of regular county working hours which involves such time demands or services of such a character as to impair effectiveness in county office or employment.

B. Any violation of the provisions contained in this section shall constitute sufficient grounds for immediate dismissal, suspension or reduction in rank or compensation of any appointed officer or employee of the county, subject to the right of officers and employees in the classified service to appeal such action in accordance with the provisions of Rule 1700 of the Rules of the Civil Service Commission of the county.

(Ord. G-4647 § 2, 1988: Prior code § 991)

A. Each officer and employee having charge of a department or institution in Kern County government shall review the activities of personnel in their respective departments or agencies and promulgate departmental regulations determining and proscribing employments, activities, and enterprises which are prohibited as being inconsistent, incompatible, in conflict with or inimical to their duties as employees in such departments under the provisions of Section 2.02.010 and other applicable provisions of law. Such regulations shall be consistent with the provisions of Section 2.02.010 and other applicable ordinances and general law, and are intended to facilitate employees' understanding of the basic policy contained in said provisions and accomplish its effective implementation within the respective departments of county government.

B. Each department and agency head shall file a copy of such departmental regulations with, and the same are subject to review and modification by, the board of supervisors or such county officer as it may designate.

C. Departmental regulations shall be re-examined and revised from time to time as necessary to facilitate compliance of department and agency personnel and to make such regulations more specific and definite with reference to the particular activities and functions of the department or agency.

D. Any appointed officer or employee may engage in any employment, activity or enterprise which is not incompatible, inconsistent, or in conflict with or inimical to his office or duties subject to the prior approval of his appointing authority. Any appointed officer or employee denied approval to engage in such employment, activity, or enterprise by his appointing authority may submit a written appeal of such denial to the board of supervisors or its designee within ten (10) days of notice of such denial. The board of supervisors, or designee, shall consider the submitted appeal and the reasons for denial and render a decision, which decision shall be final.

(Ord. G-4647 § 3, 1988: Prior code § 992)

Those physicians rendering professional services to the Kern General Hospital under contract authorizing billing for services to non-indigent patients shall not be deemed to be in violation of the provisions of Section 2.02.010 in billing for such services so rendered.

(Prior code § 992.1)

A. Elected officials and employees classified as management, mid-management or confidential, shall not, for a period of one year after leaving that office or employment, act as agent or attorney for, or otherwise represent, for compensation, any other person, by making any formal or informal appearance before, or by making any oral or written communication to the county, a county department, a present member of the board of supervisors or any officer or employee of the county if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property.

B. Subsection A shall not apply to any individual who is, at the time of the appearance or communication, a board member, officer, or employee of a local government agency or an employee or representative of any other public agency and is appearing or communicating on behalf of that agency.

C. The following definitions shall apply for purposes of Sections 2.02.040 and 2.02.050 only:

1. "Administrative action" means the proposal, drafting, development, consideration, amendment, enactment, or defeat by the county of any matter, including any rule, regulation, or other action in any regulatory proceeding, whether quasi-legislative or quasi-judicial. Administrative action does not include any action that is solely ministerial.

2. "Legislative action" means the drafting, introduction, modification, enactment, defeat, approval, or veto of any ordinance, amendment, resolution, report, nomination, or other matter by the board of supervisors or by any committee or subcommittee thereof, or by a member of the board of supervisors acting in his or her official capacity.

3. "Person" shall mean an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.

D. This section and Section 2.02.050 are adopted in accordance with Government Code section 87406.3 (c).

(Ord. G-7780 § 2 (part), 2008)

Elected officials and employees classified as management, mid-management or confidential, shall not, for a period of one year after leaving that office or employment, for compensation, aid, advise, counsel, consult or assist any other person regarding an appearance or communication which the official or employee would be prohibited from making under Section 2.02.040.

(Ord. G-7780 § 2 (part), 2008)