Article XXVIIId — CONFLICT OF INTEREST INVOLVING FUNDING OF NONPROFIT

ORGANIZATIONS*

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*Note -- A new Article, consisting of Sections 519.1 to 519.7, inclusive, added by Ord. No. 4913 (N.S.), effective 6-23-77.

Cross reference(s) -- Definitions, § 20 et seq.; general rules, § 50 et seq.

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It is the policy of the County of San Diego to encourage County officials to participate in nonprofit organizations, and nothing

in this Ordinance should be considered to discourage or in any way limit such participation. However, in order to assure disclosure by any County official who may make or participate in the making of any County governmental decision on a request for County funding by a nonprofit organization when such official potentially has a conflict of interest in violation of the provisions of Article 4 (commencing with Section 1090) of Chapter 1, Division 4, Title 1 of the Government Code relating to financial interests in contracts of the County, the Board of Supervisors of the County of San Diego adopts the following Article:

State law reference(s) -- Conflict of interest, Gov. Code, § 1090 et seq.

The purpose of this Article is to:

(a) Require that every County agency head, department head, appointing authority and every member of the personal staff of an elected County officer shall disclose the name of each nonprofit organization which is currently receiving or may in the future foreseeably apply for County funding and of which such person is an officer or member of the policy-making board;

(b) Require that any County official, including those described in subsection (a) who is involved in the processing of a request for or the approval of County funding for a nonprofit organization of which the official is an officer or member of the policy-making board shall disclose such actual or anticipated involvement at the time a request for such funding is made; and

(c) Provide penalties for failure to comply with these disclosure requirements.

(a) “County funding” means any money or other thing of value provided by the County to any nonprofit organization regardless of the source from which the County received such money or other thing of value.

(b) “County official” means any officer or employee of the County of San Diego including a member of any County board, committee, or commission.

(c) “Nonprofit organization” means any firm, partnership, joint venture, syndicate, company, business trust, corporation, association, committee, or any other organization or group of persons acting in concert, when such is not intended to earn a profit.

Cross reference(s) -- Definitions, § 20 et seq.

(a) It shall be the duty of each County agency head, department head or other appointing authority and of every member of the personal staff of any elected County officer to file with the Clerk of the Board of Supervisors a written statement in the form and at the time prescribed in this Article disclosing the name of each nonprofit organization of which such person is an officer or member of the policy-making board, if within one year preceding the statement date such organization has requested or received County funding.

(b) It shall be the duty of each County official who in the course of his official duties is assigned to participate in any County governmental action on a request for County funding by or for any nonprofit organization of which the official is an officer or member of the policy-making board to file with the Clerk of the Board of Supervisors a written statement disclosing the fact of such position in the form prescribed in this Article.

(a) The disclosure statements required by subsection (a) of Section 519.4 shall be filed within thirty (30) days after the effective date of this Ordinance, within thirty (30) days after any County official described in that subsection takes office or is employed by the County, and annually in March. The disclosure statement shall include:

(1) Name of the nonprofit organization which has received or is requesting funding;

(2) Status in the organization of the person filing the disclosure statement.

(b) The disclosure statements required by subsection (b) of Section 519.4 shall be filed not later than three (3) days from the date the official is assigned to participate in County governmental action on the request for County funding. The disclosure statement shall include:

(1) Name of the nonprofit organization which is requesting funding;

(2) Status in the organization of the person filing the disclosure statement;

(3) Reference to the specific funding request;

(4) Statement of the actual or anticipated involvement in the funding request or decision.

Any County official who violates this Article by failure to comply with Sections519.4 and 519.5 shall be subject to discipline by the County including removal or dismissal to the extent consistent with applicable civil service and other laws, regulations, and procedures.

If any provision of this Article or the application of any provision of the Article to any person or circumstance is judicially determined to be invalid, such decision shall not affect the validity of the remainder of this Article or its application to other persons or circumstances.

The following are ineligible to hold County offices: attorneys, agents, officers, majority stockholders, and employees of firms, associations and corporations doing business under franchises granted by the County or contracts made with the County or any subcontracts made under such contracts; persons doing that business; and persons with a financial interest in those franchises, or contracts or subcontracts. The above provision shall not apply unless holding the County office would empower the incumbent to enter into or approve any such franchise or contract.

(Added by Ord. No. 5262 (N.S.), effective 10-12-78)

ARTICLE XXIX [ORDINANCES REPEALED]*

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*Editor‘s note -- Article title added by the editor.

Cross reference(s) -- Definitions, § 20 et seq.; general rules, § 50 et seq.

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SEC. 520. ORDINANCES REPEALED.

The following ordinances and all amendments thereto are hereby repealed:

Ordinance 3 (New Series)

Ordinance 4 (New Series)

Ordinance 6 (New Series)

Ordinance 15 (New Series)

Ordinance 34 (New Series)

Ordinance 54 (New Series)

Ordinance 55 (New Series)

Ordinance 65 (New Series)

Ordinance 72 (New Series)

Ordinance 134 (New Series)

Ordinance 152 (New Series)

Ordinance 169 (New Series)

Ordinance 182 (New Series)

Ordinance 183 (New Series)

Ordinance 205 (New Series)

Ordinance 229 (New Series)

Ordinance 231 (New Series)

Ordinance 240 (New Series)

Ordinance 263 (New Series)

Ordinance 295 (New Series)

Ordinance 349 (New Series)

Ordinance 386 (New Series)

Ordinance 390 (New Series)

Ordinance 475 (New Series)

Ordinance 476 (New Series)

Ordinance 512 (New Series)

Ordinance 532 (New Series)

Ordinance 533 (New Series)

Ordinance 558 (New Series)

Ordinance 577 (New Series)

Ordinance 586 (New Series)

Ordinance 614 (New Series)

Ordinance 635 (New Series)

Ordinance 650 (New Series)

Ordinance 658 (New Series)

Ordinance 673 (New Series)

Ordinance 702 (New Series)

Ordinance 706 (New Series)

Ordinance 728 (New Series)

Ordinance 764 (New Series)

Ordinance 791 (New Series)

Ordinance 799 (New Series)

Ordinance 810 (New Series)

Ordinance 815 (New Series)

Ordinance 843 (New Series)

Ordinance 867 (New Series)

Ordinance 870 (New Series)

Ordinance 873 (New Series)

Ordinance 880 (New Series)

Ordinance 885 (New Series)

Ordinance 906 (New Series)

Ordinance 913 (New Series)

Ordinance 916 (New Series)

Ordinance 928 (New Series)

Ordinance 934 (New Series)

Ordinance 984 (New Series)

Ordinance 1042 (New Series)

Ordinance 1046 (New Series)

SEC. 521. EFFECTIVE DATE.

This ordinance shall take effect and be in force on August 1, 1951, and before the expiration of fifteen days after its passage it shall be published once, with the names of the members voting for and against the same, in the DAILY TRANSCRIPT, a newspaper of general circulation published in the County of San Diego.

PASSED, APPROVED AND ADOPTED this 11th day of June, 1951.

FRANK A. GIBSON

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Chairman of the Board of Supervisors of the County of San Diego, State of California.

The above Ordinance was adopted by the following vote:

Supervisor Frank A. Gibson voting “Aye”

Supervisor David W. Bird voting “Aye”

Supervisor James A. Robbins voting “Aye”

Supervisor Dan Rossi voting “Aye”

Supervisor Dean E. Howell absent and not voting.

ATTEST my hand and the seal of the Board of Supervisors this 11th day of June, 1951.

T. H. SEXTON

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County Clerk and ex officio Clerk of the Board of Supervisors.

By J. MILLER

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Deputy.

(SEAL)