Sacramento County Municipal Code Ch. 2.65 Conflict of Interest Code

This chapter shall be known as the "Conflict of Interest Code Chapter."

(SCC 270 § 2, 1976)

It is the purpose of this chapter to establish procedures and guidelines for the Board of Supervisors as the code reviewing body and local governmental agencies required to promulgate "Conflict of Interest Codes" to implement the requirements of the Political Reform Act of 1974, as amended, hereinafter referred to as "the Act" (Government Code Section 81000 et seq.) and the Regulations of the Fair Political Practices Commission, hereinafter referred to as "the Regulations." (2 Cal. Admin. Code Sections 18700, et seq.)

(SCC 270 § 2, 1976)

This chapter shall apply to each designated agency, department, commission, board, council, committee, district and office, hereinafter referred to as "Designated Agencies," within the County of Sacramento for which the Board of Supervisors of the County of Sacramento is the code reviewing body as provided in the Act.

(SCC 270 § 2, 1976)

The Board of Supervisors shall, by resolution, adopt the procedures necessary to carry out the purpose of this chapter. The procedures shall be consistent with the guidelines established by the Act and the Regulations and shall provide for, but not necessarily be limited to the following:

1. Designation of the agencies required to prepare and submit a conflict of interest code (hereinafter referred to as "code" or "codes");

2. The adoption of procedures for the preparation, assistance, review, amendment and approval of codes of designated agencies;

3. The review and approval of codes prepared by the designated agencies;

4. Notice to the designated agencies of the procedures;

5. The establishment of deadlines for submission to the Board of Supervisors of codes by the designated agencies;

6. The provision for reasonable opportunity for anyone interested in any code as provided in the Act to review and comment upon any code submitted to the Board of Supervisors as the code reviewing body, prior to the approval of such code;

7. The exemption of certain advisory committees, councils, boards, and commissions, which are solely advisory, as determined by the Board of Supervisors, from the requirement of preparing codes;

8. The preparation, notice and adoption of a code for any designated agency, failing or refusing to adopt its own code within the time prescribed by the Board of Supervisors pursuant to the Act, the Regulations, or this chapter and the procedures adopted by the Board of Supervisors in connection therewith.

(SCC 270 § 2, 1976)

Any employee occupying a designated position, as provided in a code for which the Board of Supervisors is the code reviewing body, may request the County counsel to issue an opinion pertaining to his or her duties and responsibilities under this chapter. The County Counsel shall, within 30 days, either issue the opinion or advise the employee who made the request whether an opinion will be issued. No employee who acts in good faith based on an opinion issued to him by the County Counsel shall be subject to criminal or civil penalties pursuant to this chapter for so acting, provided that the performance of the employee is consistent with and pursuant to the material facts as stated in the opinion request. The opinions of the office of the County Counsel relative to this chapter shall be public records and may from time to time be published.

(SCC 270 § 2, 1976)

Definition of terms contained in this chapter and in the codes promulgated pursuant to this chapter shall be consistent with the definition of identical terms contained in the Act and with the definition of identical terms contained in the Regulations. Any amendments to the Act or to the Regulations adopted subsequent to the effective date of this chapter shall be deemed to have been incorporated into this chapter and the codes adopted pursuant hereto.

(SCC 270 § 2, 1976)

No action shall be brought pursuant to Government Code Section 91003 to restrain the execution of or to set aside official action of a designated agency unless the complaint or petition is filed within thirty days following the official action of the designated agency.

(SCC 270 § 2, 1976)

Enforcement of this chapter shall be in conformity with Sections 91000 through 91014 of the Act. The County Executive shall establish procedures for the enforcement of the codes at the agency level.

(SCC 270 § 2, 1976)

The provisions of this chapter and any resolution implementing this chapter shall be liberally construed.

(SCC 270 § 2, 1976)