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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-