Orange Municipal Code Ch. 2.15 Gifts to Public Officials

The City Council finds that the receipt of gifts by public officials from persons who do business with the City erodes public confidence in the impartiality of decisions made by those officials. The purpose of this chapter is to prohibit the donation and receipt of specified gifts, thereby eliminating, to the extent possible, such loss of confidence.

Unless otherwise expressly defined, the terms used in this chapter shall have the same meaning as defined in the California Political Reform Act (Title 9 of the California Government Code) and regulations issued by the Fair Political Practices Commission pursuant to the authority of the Political Reform Act, as the Act and regulations shall be, from time to time, amended.

This chapter shall be known as, and may be cited as, the "Orange Gift Ban Ordinance."

(Ord. 14-94)

For the purposes of this chapter:

"City"

means the City of Orange.

"City officer"

means every person who is elected or appointed to an office in the City which is specified in Section 87200 of the California Government Code.

"Designated employee"

means every employee of the City who is designated in the City's Conflict of Interest Code to file a statement of economic interests and every member of a board or commission under the jurisdiction of the City Council required to file such a statement.

"Doing business with the City"

means:

Seeking the award of a contract or grant from the City; or

Having sought the award of a contract or grant from the City in the past 12 months; or

Being engaged as a lobbyist or lobbyist firm, as defined in this section, from the time of such engagement until 12 months after the award of the contract, grant, license (excepting a business license), permit, or other entitlement for use, which was the subject of the engagement; or

Having an existing contractual relationship with the City, until 12 months after the contractual obligations of all parties have been completed; or

Seeking, actively supporting, or actively opposing the issuance, by the City, of a license (excepting a business license), permit or other entitlement for use, or having done any of these things within the past 12 months.

"Gift"

shall have the meaning it is defined to have in the California Political Reform Act, Government Code Section 82028, as amended, and the regulations issued pursuant to that Act. The following items shall be deemed to be additional exceptions to the definition of "gift":

Food, beverages, and free admission at any event sponsored by, or for the benefit of, a bona fide educational, academic, or charitable organization, and commemorative gifts from such organizations with a cumulative value of $50.00 or less during any 12-month period.

Food, beverages, and free admission provided by a governmental agency at ceremonial functions commemorating the opening or naming of a public facility.

Food and beverage such as coffee, donuts, etc., with a unit value of less than five dollars.

Flowers, plants, balloons or similar tokens which are given to express condolences, congratulations, or sympathy for ill health, or to commemorate special occasions, provided that gifts made or received under this exemption shall not exceed a value of $50.00 from any single source in any calendar year.

A prize awarded on the basis of chance in a bona fide competition not related to the official status of the public official.

Gifts from any agency of a foreign sovereign nation, provided that such gifts are unconditionally donated by the public official to the City of Orange within 45 days of receipt, and the public official does not claim any tax deduction by virtue of such donation.

Hospitality (including food, beverages, or occasional lodging) provided by an individual in his or her home when the individual or a member of the individual's family is present, to a public official.

"Individual lobbyist,"

who is an officer, partner or employee of his or her principal, shall be deemed to be "engaged" within the meaning of this section on the first occasion on which he or she engages in communications described in the definition of "individual" or "business entity." A lobbyist firm, or an individual lobbyist who is not an officer, partner or employee of his or her principal, shall be deemed to be "engaged" within the meaning of this section upon the completion of an agreement, oral or written, to provide the services specified in the definition for "lobbyist" or "lobbyist firm."

"Individual" or "business entity"

shall be deemed to be employed or contracting to communicate directly with a City officer, or staff member of a City Council Member, if it is reasonably foreseeable that in the course of employment or in the course of performing the contract the individual, or an employee of the entity, will have communications with any City officer or staff member of a City Council Member outside of any meeting governed by the Ralph M. Brown Act (which is codified in the California Government Code commencing with Section 54950), for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license (excepting a business license), permit, or other entitlement for use.

"Lobbyist"

shall mean any individual, including an attorney, who is employed or contracts for consideration, other than reimbursement of reasonable travel expenses, to communicate directly with any City officer or staff member of a City Council member for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license (excepting a business license), permit, or other entitlement for use. An attorney shall not be considered a lobbyist when performing activities which can only be performed by a person admitted to the practice of law.

"Lobbyist firm"

shall mean: (1) any business entity, which is employed or contracts for consideration, other than reimbursement of travel expenses, to communicate directly with a City officer or staff member of a City Council Member for the purpose of seeking, actively supporting or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license (excepting a business license), permit, or other entitlement for use; or (2) any business entity of which any member or employee is a lobbyist.

"Principal"

shall mean any individual or business entity which employs or contracts with a lobbyist or lobbyist firm for any of the purposes stated in those definitions above.

"Public official"

means every City officer and every designated employee.

(Ord. 14-94; Ord. 06-24, 4/9/2024)

A. No person who is doing business with the City shall make any gift or honorarium to any City officer.

B. No person who is doing business with the City shall make any gift or honorarium to any designated employee, who, by virtue of his or her City employment, could make a governmental decision, participate in making a governmental decision, or use his or her official position to influence a governmental decision regarding the pending business of the donor, or who has done any of the above during the 12 months preceding the donation.

C. No City officer shall solicit or accept any gift or honorarium from any person whom he or she knows, or has reason to know, is doing business with the City.

D. No designated employee shall solicit or accept any gift or honorarium from any person whom he or she knows, or has reason to know, is doing business with the City, when such employee by virtue of his or her City employment, could make a governmental decision, participate in making a governmental decision, or use his or her official position to influence a governmental decision regarding the pending business of the donor, or has done any of the above during the 12 months preceding the donation.

E. No public official shall accept any gift or honorarium when the identity of the donor is not known to the public official.

(Ord. 14-94)

Any person who violates Section 2.15.030 shall be guilty of a misdemeanor.

(Ord. 14-94)

The provisions of this chapter shall become effective October 1, 1994.

(Ord. 14-94)