HomeMy WebLinkAboutMC-064
"
,II .
.'
ORDINANCE NO.
1"('-64
2 ORDINANCE OF THE CITY OF SAN BEFUtARDINO ADDING CHAPTER 2.74
TO THE SAN BE~~ARDINO MUNICIPAL CODE RELATING TO CITY C01~ITTEE
3 MEMBERS APPOINTED BY THE MAYOR AND COMMON COUNCIL REFRAINING FROM
PARTICIPATING IN DECISIONS IN WHICH SUCH MEMBER HAS A FINANCIAL
4 INTEREST, AND REPEALING ORDINANCE NO. MC-51.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
SECTION 1. Chapter 2.74 is added to the San Bernardino
7
Municipal Code to read:
8
"Chapter 2.74
9
FINANCIAL INTERESTS OF APPOINTED CITY COMMITTEE ~~MBERS
10
2.74.010 Participation of committee members - Financial
11
interest.
12
No member appointed by the Mayor, the Councilor a council-
13
man and approved by the Council to a committee having decision
14
making authority shall make, participate in making, or in any way
15
attempt to use the member's official position to influence a
16
governmental decision in which the member knows or has reason to kno
17
the member has a financial interest.
18
2.74..020 Participation in local governmental action or
19
decision.
20
Section 2.74.010 does not prevent any committee member from
21
making or participating in the making of a governmental decision
22
to the extent the member's participation is legally required for
the action or decision to be made. The fact that a committee
23
24
member's vote is needed to break a tie does not make the member's
25
participation legally required for purposes of this section.
26
2.74.030 Financial interest - Material effect - Indirect
27
investment or interest.
28
.
,
MC-~
.
1 A committee member has a financial interest in a decision
2 within the meaning of Section 2.74.010 if it is reasonably fore-
3 seeable that the decision will have a material financial effect,
4 distinguishable from its effect on the public generally, on:
5
A. Any business entity in which the committee member
6 has a direct or indirect interest worth more than one thousand
7 dollars.
8
B. Any real property in which the committee member has a
9 direct or indirect interest worth more than one thousand dollars.
10
c. Any source of income, other than loans by a commercial
11 lending institution in the regular course of business on terms
12 available to the public without regard to official status,
13 aggregating two hundred fifty dollars or more in value provided
14 to, received by, or promised to the committee member within twelve
15 months prior to the time when the decision is made.
16
D. Any business in which the committee member is a directo ,
17 officer, partner, trustee, employee, or holds a position
18 of management.
19
For purposes of this section, indirect investment or inter-
20 est means any investment or interest owned by the spouse or de-
21 pendent child of a committee member, by an agent on behalf of a
22
I committee
committee
member,
or by a business entity or trust in which the
23
member,
the committee member's agents, spouse, and
24 dependent children own directly, indirectly or beneficially a
25 10 percent interest or greater.
26
2.74.040 Definition:
Decision making authority.
27
A committee has decision making authority whenever:
28
A.
It may make a final governmental decision;
-2-
MC-6/i'-
-
"
1
B. It may compel a governmental decision, or it may
2 prevent a governmental decision either by reason of an exclusive
3 power to initiate the decision or by reason of a veto which may
4 not be overridden; or
5
C. It makes substantive recommendations which are, and
6 over an extended period of time have been, regularly approved
7 without significant amendment or modification by another public
8 official or governmental agency."
9
SECTION 2. Ordinance No. MC-5l is repealed.
10 I HEREBY CERTIFY that the foregoing ordinance was duly
11 ,adopted by the Mayor and Common Council of the City of San
12
Bernardino at a
regular
meeting thereof, held on the
13
15t~:.day of
, 1981, by the following vote,
June
14
to wit:
15
AYES:
Councilmen
Castaneda, Reilly, Hernandez,
16
Hudson, Hobbs, Strickler
17
NAYS:
Council Member Botts
18
ABSENT:
None
19
~~Ul?dJ aAb
City Clerk
20
21
ThDoregOing
1'~
ordinance is hereby
22
of
23
Bernardino
24
25
Approved as to form:
&
;t(~;/~
26
27
28
-3-