HomeMy WebLinkAboutMC-051
,.
.-
.
20
21
22
23
24
25
26
27
28
~
,
ORDINlIJ'JCE NO.
~lC- 51
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.72
TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO CITY COMMITTEE
3 HEI1BERS APPOINTED BY THE 11l\YOR AND CO!L'ION COUNCIL REFRAINING FROM
PARTICIPATING IN DECISIONS IN 1~{ICH SUCH ME'~BER HAS A FINANCIAL
4 IN'l'EREST.
5 THE MAYOR AND COHJ'!ON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
SECTION 1. Chapter 2.72 is added to the San Bernardino
7
Municipal Code to read:
8
"Chapter 2.72
9
FINANCIAL INTERESTS OF APPOINTED CITY COMc'iITTEE HEMBERS
10
2.72.010 Participation of committee members - Financial
11
interest.
]2
No City committee member appointed by the 'Layor, the Council
13
or a councilman and approved by the Council shall make, participat
14
in making, or in any way attempt to use the member's official posi
15
tion to influence a governmental decision in which the member know
16
or has reason to know the member has a financial interest.
17
2.72.020 Participation in local governmental action or
18
decision.
19
Section 2.72.010 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 re-
quired 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 th
member's participation legally required for purposes of this
section.
2.72.030 Financial interest - Haterial effect - Indirect
investment or interest.
A committee member has a financial interest in a decision
Me-51 "
<
II.
I,
"
!i
2
ilwithin the meaning of Section 2.72.010 if it is reasonably fore-
II
I'seeable that the decision will have a material financial effect,
distinguishable from its effect on the public generally, on:
3
4
A. Any business entity in which the committee member
5 has a direct or indirect interest worth more than one thousand
6 dollars.
7
B. Any real property in which the committee member has a
8
direct or indirect interest worth more than one thousand dollars.
9
I C. Any source of income, other than loans by a commercial
I lending institution in the regular course of business on terms
available to the public without regard to official status,
10
11
J2
aggregating two hundred fifty dollars or more in value provided
13
to, received by, or promised to the committee member within twelve
J4
months prior to the time when the decision is made.
]5
D. Any business in which the committee member is a director
16 officer, partner, trustee, employee, or holds a position of
17 management.
18 For purposes of this section, indirect investment or inter-
19 est means any investment or interest owned by the spouse or de-
20 pendent child of a committee member, by an agent on behalf of a
2] committee member, or by a business entity or trust in which the
22 committee member, the committee member's agents, spouse, and
23 dependent children own directly, indirectly or beneficially a
24 10 percent interest or greater.
2.72.040 Definition: Decision making authority.
25
26
A committee has decision making authority whenever:
27
A. It may make a final governmental decision;
28
B. It may compel a governmental decision, or it may
-2-
.e:'._..'
F""' ~ '''''~
c-~, 1
2
IJ
I"
I
I
,jprevent a governmental decision either by reason of an exclusive
I
Ipower to initiate the decision or by reason of a veto which may
",
3 Inot be overridden; or
4
C. It makes substantive recommendations which are, and
5 over an extended period of time have been, regularly approved
6 without significant amendment or modification by another public
7 official or governmental agency."
8 I HEREBY CERTIFY that the foregoing ordinance was duly
9 adopted by the Mayor and Common Council of the City of San
10
Bernardino at a
regular
meeting thereof, held
11
on the 18th day of
May
, 1981, by the following
12 vote, to wit:
13
AYES:
Councilmen
Castaneda, Wheeler, Hernandez,
]4
Gerwig, Hudson, Hobbs, Strickler
15
NAYS:
None
]6
i\BSENT:
None
17
AL7LLflLl/ ~1:'f
/ Clty C erk
/t?z!,;Cday
18
19
The foregoing ordinance is h ETeby
20
of
~tf
, 1981.
2]
22
Approved as to form:
23
~1r~~::""
Clty l'J torney
24
25
26
27
28
-3-