San Bernardino Municipal Code Ch. 2.74 Financial Interests of Appointed City Committee Members

No member appointed by the Mayor, the Council or a Council member and approved by the Council to a committee having decision making authority shall make, participate in making or in any way attempt to use the member’s official position to influence a governmental decision in which the member knows, or has reason to know, the member has a financial interest.

(Ord. MC-64, passed 6-19-1981)

Section 2.74.010 does not prevent any committee member from making or participating in the making of a governmental decision to the extent the member’s participation is legally required for the action or decision to be made. The fact that a committee member’s vote is needed to break a tie does not make the member’s participation legally required for purposes of this section.

(Ord. MC-64, passed 6-19-1981)

(A) A committee member has a financial interest in a decision within the meaning of § 2.74.010 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on:

(1) Any business entity in which the committee member has a direct or indirect interest worth more than $1,000;

(2) Any real property in which the committee member has a direct or indirect interest worth more than $1,000;

(3) Any source of income, 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 $250 or more in value provided to, received by or promised to the committee member within 12 months prior to the time when the decision is made; and

(4) Any business in which the committee member is a director, officer, partner, trustee, employee or holds a position of management.

(B) For purposes of this section, INDIRECT INVESTMENT or INTEREST means any investment or interest owned by the spouse or dependent child of a committee member, by an agent or on behalf of a committee member or by a business entity or trust in which the committee member, the committee member’s agents, spouse and dependent children own directly, indirectly or beneficially a 10% interest or greater.

(Ord. MC-64, passed 6-19-1981)

(A) It may make a final governmental decision.

(B) It may compel a governmental decision, or it may prevent a governmental decision either by reason of an exclusive power to initiate the decision or by reason of a veto which may not be overridden.

(C) It makes substantive recommendations which are, and over an extended period of time have been, regularly approved without significant amendment or modification by another public official or governmental agency.

(Ord. MC-64, passed 6-19-1981)