Sacramento Municipal Code Art. III City Council and City Boards and Commissions

Sections 2.16.110 through 2.16.150 apply to members of the city council, the following persons, and members of the following boards, commissions, and bodies:

Administration, Investment and Fiscal Management Board of the Sacramento City Employees' Retirement System

Civil Service Board

Construction Code Advisory and Appeals Board

Design director

Housing Code Advisory and Appeals Board

Planning and Design Commission

Planning director

Preservation Commission

Preservation director

Retirement Hearing Commission

Sacramento City Public Facilities Financing Corporation

Sacramento City Financing Authority

Utilities Rate Advisory Commission

Zoning administrator

(Ord. 2024-0040 § 1; Ord. 2012-048 § 1; Ord. 2012-004 § 5; Ord. 2008-001 § 2; Ord. 2006-065 § 4; prior code § 53.03.020)

A. Each city official shall disqualify him or herself from making or participating in the making of any decision when he or she knows or in the exercise of reasonable diligence should know that:

1. Another person, with whom the city official has an ownership interest in real property or an investment in a business entity, is an applicant or is principally involved in a matter before the board of which the city official is a member; or

2. A family member is an applicant or is principally involved in a matter before the board of which the city official is a member.

No such city official shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made.

B. No city official shall make or participate in making a decision on a matter for which disqualification is required under subsection A of this section. (Prior code § 53.03.021)

A city official required to disqualify him or herself shall give notice of disqualification at the meeting during which consideration of the decision takes place. The notice of disqualification shall include the name of the applicant or person principally involved in the matter before the board, and: (1) whether the city official has an ownership interest in real property or an investment in a business entity with such person, or (2) the name of the person who is a family relative. Such notice shall be made part of the official record of the board. The city official shall refrain from participation and shall not attempt in any way to use his or her official position to influence any other person with respect to the matter. (Prior code § 53.03.022)

Upon request, any city official who is unsure of any right or obligation arising under this code may request a formal opinion or letter of advice from the city attorney. If an opinion is rendered by the city attorney stating in full the facts and the law upon which the opinion is based, compliance by the city official may be evidence of good faith in any civil or criminal proceeding brought pursuant to law. (Prior code § 53.03.023)

For purposes of this article, the following terms shall have the meanings specified:

"Board" includes the city council and the boards and commissions listed in Section 2.16.100 of this article.

"Business entity" means any organization or enterprise operated for profit, including, but not limited to, proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, or association.

"City official" and "city officials" includes the members of the city council and members of the boards and commissions listed in Section 2.16.100 of this article.

"Family relative" means and includes:

1. The spouse of a city official;

2. The parent or child or spouse of the parent or child of a city official or of the spouse of a city official;

3. Any person or any spouse of any person related within the third degree, inclusive of collateral consanguinity to any city official or the spouse of any city official.

Thus, the brother, sister, uncle, aunt, niece or nephew (and the spouse of any of the foregoing) of a city official or of the spouse of a city official is a family relative of the city official within the meaning of this code.

Investment in business entity:

1. Includes any financial interest in or security issued by a business entity, including, but not limited to, common stock, preferred stock, rights, warrants, options, deed instruments and any partnership or other ownership interest; and

2. Applies to any investment, regardless of where such business entity is located or does business; and

3. Applies to a city official, if the official and the person who is an applicant or is principally involved in the matter before such city official's board each have a twenty-five thousand dollar ($25,000.00) or greater, or ten (10) percent or greater, investment in such business entity.

"Ownership interest in real property" means and includes any leasehold beneficial or ownership interest or option to acquire such an interest in real property regardless of where such property is located, if the city official and the person who is an applicant or is principally involved in the matter before such city official's board each have a twenty-five thousand dollar ($25,000.00) or greater, or ten (10) percent or greater, interest in such property.

"Principally involved" means and includes:

1. A person who has a twenty-five (25) percent or greater investment in the business entity or a twenty-five (25) percent or greater ownership interest in the real property for which an application is made; or

2. A person who is appealing a disciplinary action to the civil service board; or

3. A person who is appealing a decision of the retirement system manager to the retirement hearing commission; or

4. A person with a financial interest in the outcome of the decision of the board which will exceed five thousand dollars ($5,000.00). (Prior code § 53.03.024)

The provisions of this article are in addition to the conflict of interest provisions in the Political Reform Act of 1974 (Government Code Sections 87100, et seq.) and the conflict of interest codes for the city boards and commissions, and the city council. (Prior code § 53.03.025)