Santa Ana Municipal Code § 2-854 Violations and enforcement

(a) 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 article is to prohibit the donation and receipt of specified gifts, thereby eliminating, to the extent possible, such loss of confidence.

(b) Unless otherwise expressly defined, the terms used in this article 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.

(c) This article shall be known as, and may be cited as, the "City of Santa Ana Gift Ban Ordinance."

(Ord. No. NS-2201, § 1, 7-19-93)

For the purposes of this article:

(a) City shall mean the City of Santa Ana.

(b) City officer shall mean every person who is elected or appointed to an office of the city which is specified in Section 87200 of the California Government Code.

(c) Designated employee shall mean every employee of the city who is designated in the city's conflict of interest codes to file a statement of economic interests and every member of a city board or commission required to file such a statement.

(d) Doing business with the city shall mean:

(1) Seeking the award of a contract or grant from the city; or

(2) Having sought the award of a contract or grant from the city in the past twelve (12) months; or

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

(4) Having an existing contractual relationship with the city, until twelve (12) months after the contractual obligations of all parties have been completed; or

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

(e) Gift shall have the meaning it is defined to have in the California Political Reform Act, and the regulations issued pursuant to that act, except that the following shall not be deemed to be gifts:

(1) Meals, 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, from any single source, of fifty dollars ($50.00) or less during any 12-month period.

(2) 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 fifty dollars ($50.00) from any single source in any calendar year.

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

(4) Gifts from any agency of a foreign sovereign nation, provided that such gifts are unconditionally donated by the public official to the city within forty-five (45) days of receipt, and the public official does not claim any tax deduction by virtue of such donation.

(5) Food and beverages consumed by a public official that total less than five ($5.00) per occasion.

(f) 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 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, 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.

(g) 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 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, permit, or other entitlement for use, or

(2) Any business entity of which any member or employee is a lobbyist.

(h) 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 subsections (f) or (g).

(1) An individual or business entity shall be deemed to be employed or contracting to communicate directly with a city officer 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 a telephone conversation or a discussion with any city officer, 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, permit, or other entitlement for use.

(2) An 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 a telephone conversation or discussion described in subsection (h)(1). 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 subsection (f) or (g).

(i) Public official means every city officer and every designated employee.

(Ord. No. NS-2201, § 1, 7-19-93; Ord. No. NS-2472, § 2, 6-4-01)

(a) No person who is doing business with the city shall make any gift to any city officer.

(b) No person who is doing business with the city shall make any gift 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 twelve (12) months preceding the donation.

(c) No city officer shall solicit or accept any gift 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 from any person whom he knows, or has reason to know, is doing business with the city, when such employee by virtue of his 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 twelve (12) months preceding the donation.

(e) No public official shall accept any gift when the identity of the donor is not known to the public official.

(Ord. No. NS-2201, § 1, 7-19-93)

(a) Any city officer who violates section 2-853 shall be guilty of a misdemeanor.

(b) Any designated employee who violates section 2-853 shall be subject to discipline for such violation, including, in appropriate cases, termination of employment.

(c) Any member of any city board or commission, other than a board or commission established by the constitution or a statute of the State of California, who violates section 2-853, shall be subject to removal from office.

(d) Any person who violates subsection (a) or (b) of section 2-853 shall be guilty of a misdemeanor.

(e) These enforcement provisions are in lieu of the penalty provided in section 1-8 of this Code, are cumulative, and are not mutually exclusive.

(Ord. No. NS-2201, § 1, 7-19-93)