Tustin Municipal Code Part 3 Restrictions on Gifts

The City Council finds that the receipt of excessive amounts of gifts by public officials from persons who may do business with the City erodes public confidence in the impartiality of decisions made by those officials. The purpose of this part is to prohibit the receipt of gifts, valued individually or cumulatively at the dollar limit established by Government Code Section 89503, as adjusted on January 1 each odd-numbered year by the Fair Political Practices Commission to reflect changes in the Consumer Price Index (the "Gift Limit").

(Ord. No. 1129, Sec. 1, 8-15-94; Ord. No. 1269, Sec. 1, 4-7-03)

Except as otherwise defined, the terms used in this Part 3 including the definition of "gift" 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.

For the purposes of this part:

(a) "City" means the City of Tustin.

(b) "City Officer" means every person who is elected or appointed to an office in the City which is specified in Section 87200 of the California Government Code.

(c) "Designated employee" means every employee of the City who is designated in the City's Conflict of Interest Code to file a statement of economic interest and every member of a board or commission under the jurisdiction of the City Council required to file such a statement.

(Ord. No. 1129, Sec. 1, 8-15-84; Ord. No. 1269, Sec. 1, 4-7-03)

(a) No City officer or designated employee shall accept gifts from any single source in any calendar year with a total value, either individually or cumulatively, that exceeds the Gift Limit.

(b) Gifts which are not subject to limitation under state law and are not required to be disclosed on a statement of economic interest, pursuant to the Political Reform Act and regulations of the Fair Political Practices Commission, are not included within the prohibition of 1232(a) above.

(Ord. No. 1129, Sec. 1, 8-15-94; Ord. No. 1269, Sec. 1, 4-7-03)

(a) Any City officer or designated employee who violates the provisions of Section 1232 shall be guilty of a misdemeanor.

(b) Any Designated Employee who violates the provisions of Section 1232 may be subject to discipline for such violation, including termination of employment, or removal from office in the case of members of City Boards or Commissions.

(Ord. No. 1129, Sec. 1, 8-15-94; Ord. No. 1269, Sec. 1, 4-7-03)

Nothing contained within this Part 3 is intended to conflict with provisions of the California Political Reform Act or the regulations adopted thereto by the Fair Political Practices Commission.

(Ord. No. 1129, Sec. 1, 8-15-94; Ord. No. 1269, Sec. 1, 4-7-03)