Lindsay Municipal Code § 2.43 Conflicts Of Interest

The purpose of this ordinance is to update the City of Lindsay's Conflict of Interest Code, including the adoption of a revised Appendix A listing designated positions and disclosure categories, consistent with Government Code Section 87300 et seq. and Fair Political Practices Commission (FPPC) Regulation 18730.

Chapter 2.43 of Title 2 of the Lindsay Municipal Code is hereby amended to read as follows, retaining the substantive provisions of Ordinance 584 but updating associated appendices: All designated employees and positions identified in Appendix A, as may be amended from time to time, shall file statements of economic interest pursuant to the disclosure categories applicable to each position.

The revised Appendix A: Disclosure of Interest and Confidentiality Statement attached to this ordinance is hereby adopted as part of the City of Lindsay's Conflict of Interest Code.

HISTORY Approved by Ord. 483 on 9/17/1996 Amended by Ord. 584 on 11/10/2020 Amended by Ord. 701 on 1/13/2026

The common law principle that requires a public officer to exercise his or her powers with disinterested skill, zeal and diligence, primarily for the benefit of the public are adopted by the city as the governing principles of the city system which prohibits, defines and regulates conflicts of interest.

1. Where there is no conflict under statutory law, and there is a special situation where a conflict of interest violating the common law might arise, such official or employee shall avoid such conflict or appearance thereof.
2. The use of public office or employment for private gain is prohibited.
3. All officers and employees of the city are admonished to avoid any situations where private interests might be enhanced through official actions and the violation of any such common law principle shall be deemed to be a misdemeanor and shall be punishable as such.

(Ord. 483 § 2 (part), 1996)

HISTORY Approved by Ord. 483 on 9/17/1996

A. The provisions of Chapter 7, Sections 87100 through 87500, both inclusive, of the California Government Code are adopted and all city officers and employees of the city, and all contractors doing business with the city, are encompassed within such chapter and its requirements, prohibitions and penalties.

B. The provisions of Government Code Section 1090 through 1097, both inclusive, are adopted and all city officers and employees of the city, and all contractors doing business with the city, are encompassed within such Government Code Sections and its requirements, prohibitions, and penalties.

C. The provision of Fair Political Practices Commission Regulation 18730 is adopted and all city officers and employees of the city as adopted by council resolution are encompassed within such Regulation and its requirements, prohibitions, and penalties.

D. The city council may enact other rules, regulations and codes of performance regulating conflicts of interest as it shall determine are necessary to implement the provisions of this section. Such rules, regulations and codes shall be enacted by resolution of the city council.

E. The city clerk shall develop such appropriate local forms as necessary to implement the provisions of this chapter, and shall utilize state-developed forms as appropriate, and shall have the authority to issue written clarifying interpretations of the provisions of this chapter which are not clearly covered by the rules, regulations and code enacted by the city council by resolution.

F. The city clerk shall be the filing officer for all forms required by the city and not explicitly required to be filed with another specific city, county or state officer or office.

HISTORY Adopted by Ord. 483 on 9/17/1996 Amended by Ord. 584 on 11/10/2020

In addition to any fines or punishments for violations of conflict of interest provisions of state law or of this chapter, or regulations issued hereunder or promulgated pursuant to state law, any person convicted of a violation of this chapter, or of any equivalent state law or regulation, shall be ineligible for a period of five years following such conviction to hold any city office or employment and, if currently holding office or employment with the city, shall be deemed to have automatically forfeited his or her office or position of employment.

HISTORY Adopted by Ord. 483 on 9/17/1996 Amended by Ord. 584 on 11/10/2020

Enforcement of the provisions of this chapter shall be by the Tulare County district attorney, the city attorney, or the attorney general of the state of California, whichever is appropriate under the circumstances.

1. Violations of this chapter may be prosecuted in the name of the people of the state of California or readdressed by civil action.
2. A violation of this chapter shall be a misdemeanor.

HISTORY Adopted by Ord. 483 on 9/17/1996