HomeMy WebLinkAboutORD 2774.---------------------------------· ORDINANCE N0. __ 2174_41t 0 """ !I ,r,. ~ r-;, 1\ ' . p .. • ;~ r: t· :" • t .,~ t .
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ORDINA~CE OF THE COUNCIL OF THE CITY OF PP~O ALTO
ADDING CHAPTER 2 .10 TO THE PALO ALTO MUNICIPAl .. CODE
ADOPTING GUIDELINES PURSUANT •ro THE GOVERN!..4.ENTAL
CONFLIC'l' OF INTERESTS ACT, DECL.l'\RING 'rHE URGENCY
THEREOF, AND PROVIDING FOR THE IMMEDIATE EFFECT
THEREOF
The Council of the City of Palo Alto does ORDAIN as follo.,.:s:
SECTION 1. Chapter 2.10 is hereby added to the Palo Alto
Municipal Code, to be designated 11 Conflict of Interests Guidelines 11
and to read as set forth in Exhibit 11 A" attached hereto and made
a part hereof by reference.
SECTION 2. The Council of the City of Palo Alto hereby finds
that the enactment of this ordinance will have no significant
environmental impact.
SECTION 3. This ordinance shall take effect as an emergency
measure immediately upon its adoption, as provided in Section
2.04.330 of the Palo Alto t.funicipal Code. The Council of the
City of Palo Alto declares that it is necessary to the public
peace, health, or safety that this ordinance be adopted as an
emergency measure. The reasons for its urgency are as follows:
The Governmental Conflict of Interests Act became effective on
January 1, 1974. That Act creates serious and multiple obligations
for public officials covered by the Act, confers broad enfo:ccement
rights upon members of the public and authorizes public agencies
to adopt guidelines to aio public officials and members of the
public in int-.~rpreting and apply~11g the complicated provisions of
the Act. Therefore, the Council of the City of Palo Alto declares
it essential that the guidelines adopted by this ordinance pur-
suant to the Governmental C)nflict of Interests Act be effective
immediately to avoid inadvertent violations of the Act, to prevent
unmeritorious challenges to the validity of public actions long
after they have occurred, and to provide maximum public protection
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under the Act to resolve questions concerning the meaning and
applicability of the terms of the Ac~, and to provide for the
orderly, expeditious, and proper compliance with its require-
ments.
INTRODUCED AND PASSED: March 4, 1974
AYES : Berwald, Clay, Henderson, Norton, Pearson, Rosenbaum, Sher
NOES: None
ABSENT~ Beahrs, Comstock
ATTEST: APPROVED:
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city c1erU Nay or
APPROVED AS TO FORM:
~6' ~-... -;v' -{/_,.,.._._. _ _,_-. 0 _, -~<. :f:3..___
Assistant Cit~torney
APPROVED:
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Sections:
2.10.010
2.10.020
2.10.030
2.10.040
2.10.050
2.10.060
2.10.070
2.10.080
2.10.090
2.10.100
2.10.110
2.10.120
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CHAPTER 2.10
CONFLICT OF INTEFESTS GUIDELINES
Purpose and Effect.
(a) Designation of Officials.
(b) Deputies.
Other City Officials or Employees.
Substantial Conflict.
Material Economic Effect.
Ministerial and Clerical Duties.
Participation.
Participation Under Rule of Legal Necessity.
Disqualification.
Exemption From Penalties and Sanctions.
Contractual Obligations.
Limitations on Actions.
2.10.010 Purpose and Effect. Pursuant to Section 3626 of
the Government Code, the Counc1l of the City of Palo Alto hereby
adopts the following guidelines for its public officials in the
determination of whether they have an economic interest or
interests which are in substantial conflict with their official
duties and powers under Section 3625(a) and in determining
whether they have an economic interest in matters for purposes
of Section 3625(b).
Nothing contained herein is intended to supersede the pro
visions of the Governmental Conflict of Interests Act {Division
4 .. 5 ~commencing -!lith Section 3600) of Title 1 of the Government
Code), hereinafter referred to as the 11 Act 1
11 Sections 1090
through 1097 of the Government Code, or any other provisions of
law relating t~ conflict of interests. This chapter shall be
interpreted in a manner consistent therewith. Nothing contained
herein shall be deemed adopted pursuant to or in implementation
of Section 3603 or Section 3704 of the Act. All section references
cited in this chapter· are to :the Government Code unless otherwise
specified.
2.10.020 (a) Designation of Officials. As defined in
Section 3610(h) of the Act, the term "public official 11 means any
elective or appointive officer. The term 11 official 11 as used in
Section 3625 of the Act, is undefined. The Council finds that
for the purposes of Section 3625 of the Act and these guidelines,
and pursuant to the Charter ~qd Municipal Code of the City of
Palo Alto, the public officials, officials, and elective or
appointive officers of the City of Palo Alto, hereinafter
referred to as "officials,,. are the following: the Mayor and
members of the City Council,·n~ers·af the Planning Commission~
the Human Relations Commission, the Architectural Review Board,
and all council appointed or approved officers or employees.
(b) Deputi~s. A deputy or assistant of or to any of the
officials designated in subsection (a) of this section, when
empowered to act in the place of such official, shall be deemed
to be an official for the purposes of Sectio!l 3625 of the Act
and these guidelines.
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2.10.030 Other City Officials or Employees. The provisions
of Section 3625 of the Act shall also apply to the follouing:
the Zoning Administrator, the Director of Purchasing, the
Director of Public Works, the Director of Budget and Staff
Services, the City Treasurer, the Chief Building Inspector, and
the Real Property Administrator.
2.10.040 Substantial Conflict. An economic interest in
substantial conflict w1th the proper exercise of an official's
duties within the meaning of Section 3625(a) shall not be deemed
to exist unless the official would be required to disqualify
himself under Section 3625(b) on a continuous and regular basis
from activities and actions which constitute a major and sig
nificant portion of his official duties and thereby impair his
ability to function effectively and fulfill the duties of the
office.
2.10.050 Material Economic Effect. An action or decision has
a !'material economic effect,11 as that term is used in Section 3G25
of the Act, if the official has reason to believe that the action
or decision will result in a net change of one percent in the
economic \vorth of the business entity, real property, source of
income, loans or gifts, or business entity in which the official
holds any position, as set forth in Section 3625.
2.10.060 Ministerial and Clerical Duties. Section 3625(b)
shall not apply to actions which are solely clerical or ministerial.
Ministerial actions are those which the official must take upon
a given state of facts in a prescribed rnanr,er in obedience to
the mandat-e of legal authority, without regard to his own judgment
or opinion concerning the propriety or wisdom of the act although
the statute, ordinancef or regulation may require, in some degree,
a construction of its language by the official. Section 3625(b)
applies only to actions which involve discretion; that is, those
which require the exercise of judgment, deliberation or decision
on the part of the official,
2.10.070 Participation. (a) The terms "participate," and
"attempt to in:fluence" as used in Section 3625 (b) include the
following:
(1) Participation in debate or deliberations or voting.
(2) Preparation of oral or written reports~
(3) Rendition of oral or written advice.
(4) Testimony before a public agency as a part of official
duties,
(5) Discussions with any official who must decide the
matter.
(6) Submission of letters or other documents to any
official who must decide ·the matter.
(7) Issuance or denial of official approvalsm
(b) Nothing contained herein or in Section 3625 shall abridge
the right of any citizen, whether or not a public official, to
submit information or express views on the same basis as any
other private citizen, provided such is done in public and the
person indicates that he is acting in a private capacity.
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{c) An official directly involved in a matter, ....,hether as
a party, an applicant or otherwise, may, in his private capacity,
provide whatever 1.nforrnation is necessary and perform any othBr
steps which are required of other citizens in the same situation,
individually or by counseL He may not, however, discuss the
matter privately with officials who must decide the matter.
2.10.080 Participatio~ Under Rule of Legal Necessity.
(a) An official shall not be subject to Section 3625(b)
with respect to any matter which cannot be legally acted upon
or decided without his participation, Section 3625(d), which
sets forth this rule of legal necessity, shall apply where:
(1) A quorum, as may be required by ordinance or statute,
cannot be achieved by continuance for a reasonable
time or within legally mandated time limits; or
{2) More than a simple majority vote is required to take
a proposed action and the number of officials entitled
to vote is less than the number of votes required for
the action to be taken; or
(3} The official is, by law, the sole official who can
perform the action or make the decision.
(b) In case::: where Subsections (a) (lJ or (a) (2) of this
section apply, all otherwise disqualified officials shall be
entitled to participate upon complying with the requirements
for disclosure of the interest as provided in Sec~ion 3625(d) (2)o
2.10.090 Disqualification. An official who refrains
from participating ln or attempting ·to influence governmental
actions or decisions in accordance with Section 3625(b) and these
guidelines need not declare the existence or nature of the
interest which disqualifies him.
2 .1.0. 100 ExemE!:ion From Penal ties and Sanctior:.s. Comp
liance with these guidelines or an opinion of the City Attorney
interpreting these guidelines, in the good faith belief that
they are consistent with the provisiOI.s of the Act, shall exempt
an official from the civil penalties of Section 3751 and the
sanctions of Section 3753.
2.10.110 Contractual Obli2ations. Contractual obligations
to comp:y with the conflict of interest requirements of the City
of Palo Alto shall be deemed fulfilled by compliance with the
provisions of Section 3625 of the Act.
2.10.120 Limitations on Actions. No action shall be brought
pursuant to Sect~on 3751 to restrain the execution of or to set
aside as void any decision, contract, order, permit, ordinance,
resolution or other official action, or to restrain or enjoin an
official from violating or to compel an official to comply with
the Act or these guidelines, Wlless the complaint or petition
has been filed and served on the City Clerk within thirty days
following the decision, contract, order, permit, ordinance,
resolution or other official action, or after the alleged violation
or failure to comply has occurred.
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