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HomeMy WebLinkAboutORD-14-94 Add Ch 2.15 to Title 2 Donations & Receipt of Specified Gifts to Public OfficialsORDINANCE NO. 14- 94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE ADDING CHAPTER 2.15 TO TITLE 2 OF THE ORANGE MUNICIPAL CODE RELATING TO THE DONATION AND RECEIPT OF SPECIFIED GIFTS TO PUBLIC OFFICIALS.The city Council of the City of Orange does hereby ordain as follows:section I:That Chapter 2.15 is hereby added to Title 2 of the Orange Municipal Code, to read as follows:CHAPTER 2. 15 GIFTS TO PUBLIC OFFICIALS 2.15.010 Purpose: Meaninq of Terms: Interpretation:citation. The city Council finds that the receipt of gifts by public officials from persons who do business with the City erodes public confidence in the impartiality of decisions made by those officials. The purpose of this Ordinance is to prohibit the donation and receipt of specified gifts, thereby eliminating,to the extent possible, such loss of confidence.Unless otherwise expressly defined, the terms used in this Ordinance 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.This Chapter shall be known as, and may be cited as, the Orange Gift Ban Ordinance".2.15.020 Definitions.For the purposes of this Chapter:A. CITY means the City of 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 interests and every member of a board or commission under the jurisdiction of the City Council required to file such a statement. D. DOING BUSINESS WITH THE CITY means: 1. Seeking the award of a contract or grant from the City; or 2. Having sought the award of a contract or grant from the city in the past 12 months; or 3. Being engaged as a lobbyist or lobbyist firm, as defined in this Section, from the time of such engagement until 12 months after the award of the contract, grant, li- cense (excepting a business license), permit, or other entitlement for use, which was the subject of the engagement; or 4. Having an existing contractual relationship with the City, until 12 months after the contractual obligations of all parties have been completed; or 5. Seeking, actively supporting, or actively opposing the issuance, by the city, of a license (excepting a business license), permit, or other entitlement for use, or having done any of these things within the past 12 months. E. GIFT shall have the meaning it is defined to have in the California political Reform Act, and the regulations issued pursuant to that Act, which reads as follows: 82028. Gift a) "Gift" means, except as provided in sub- division (b), any payment to the extent that con- sideration of equal or greater value is not received and includes a rebate or discount in the price of any- thing of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. Any person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the con- sideration received is of equal or greater value. b) The term "gift" does not include: Ord No. 14- 94 1) Informational material such as books, reports, pamphlets, calendars, or periodicals. No payment for travel or reimbursement for any expenses shall be deemed "informational material". 2) Gifts which are not used and which, within 30 days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes. 3) Gifts from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law,nephew, niece, aunt, uncle, or first cousin or the spouse of any such person; provided that a gift from any such person shall be considered a gift if the donor is acting as an agent or intermediary for any person not covered by this paragraph. 4) Campaign contributions required to be reported under Chapter 4 of this title.5) Any devise or inheritance. 6) Personalized plaques and trophies with an individual value of less than two hundred fifty dollars ($250)."The following items shall be deemed to be additional exceptions to the definition of "Gift":1. Food, beverages, and free admission at any event sponsored by, or for the benefit of, a bona fide educational, academic, or charitable organization, and commemorative gifts from such organizations with a cumulative value of $50.00 or less during any 12 month period.2. Food, beverages, and free admission provided by a governmental agency at ceremonial functions commemorating the opening or naming of a public facility.3. Food and beverage such as coffee, donuts, etc.,with a unit value of less than $5.00.4. Flowers, plants, balloons or similar tokens which are given to express condolences, congratulations, or sympathy for ill health, or to commemorate special occasions, provided that gifts made or received under this exemption shall not exceed a value of $50.00 from any single source in any calendar year.5. A prize awarded on the basis of chance in a bona fide competition not related to the official status of the public official.6. Gifts from any agency of a foreign sovereign nation, provided that such gifts are unconditionally donated by the public official to the City of Orange within 45 days of receipt, and the public official does not claim any tax deduction by virtue of 7. Hospitality (including food, beverages, or occasional lodging) provided by an individual in his or her home when the individual or a member of the individual's family is present, to a public official. F. LOBBYIST shall mean any individual, including an attorney, who is employed or contracts for consideration, other than reimbursement of reasonable travel expenses, to communicate directly with any city officer or staff member of a city Council member for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the city, or the issuance, by the City, of a license(excepting a business license), permit, or other entitlement for use. An attorney shall not be considered a lobbyist when performing activities which can only be performed by a person admitted to the practice of law. G. LOBBYIST FIRM shall mean, (1) any business entity, which is employed or contracts for consideration, other than reimbursement of travel expenses, to communicate directly with a city officer or staff member of a City Council member for the purpose of seeking, actively supporting or actively opposing the award of a contract or grant or actively opposing the award of a contract or grant from the City, or the issuance, by the City, of a license (excepting a business license), permit, or other entitlement for use, or (2) any business entity of which any member or employee is a lobbyist. H. PRINCIPAL shall mean any individual or business entity which employs or contracts with a lobbyist or lobbyist firm for any of the purposes stated in section 2.15.020.F or section 2.15.020.G. I. An individual or business entity shall be deemed to be employed or contracting to communicate directly with a City officer, or staff member of a City Council member, if it is reasonably foreseeable that in the course of employment or in the course of performing the contract the individual, or an employee of the entity, will have a telephone conversation or a discussion with any city officer or staff member of a City Council member outside of any meeting governed by the Ralph M. Brown Act (which is codified in the California Government Code commencing with section 54950), for the purpose of seeking, actively supporting, or actively opposing the award of a contract or grant from the City, or the issuance, by the city, of a license excepting a business license), permit, or other entitlement for use. J. An individual lobbyist who is an officer, partner or employee of his or her principal shall be deemed to be "engaged" within the meaning of this section on the first occasion on which he or she engages in a telephone conversation or discussion described in section 2.15.020.1. A lobbyist firm, or an Ord No. 14- 94 individual lobbyist who is not an officer, partner or employee of his or her principal, shall be deemed to be "engaged" with- in the meaning of this section upon the completion of an agreement, oral or written, to provide the services specified in section 2.15.020.F or section 2.15.020.G. K. PUBLIC OFFICIAL means every city officer and every designated employee. 2.15.030 Prohibitions. A. No person who is doing business with the City shall make any gift or honorarium to any City officer. B. No person who is doing business with the City shall make any gift or honorarium to any designated employee, who, by virtue of his city employment, could make a governmental decision, participate in making a governmental decision, or use his or her official position to influence a governmental decision regarding the pending business of the donor, or who has done any of the above during the 12 months preceding the donation. C. No City officer shall solicit or accept any gift or honorarium from any person whom he knows, or has reason to know, is doing business with the City. D. No designated employee shall solicit or accept any gift or honorarium from any person whom he knows, or has reason to know, is doing business with the City, when such employee by virtue of his City employment, could make a governmental decision, participate in making a governmental decision, or use his or her official position to influence a governmental decision regarding the pending business of the donor, or has done any of the above during the 12 months preceding the donation. E. No public official shall accept any gift or honorarium when the identity of the donor is not known to the public official. 2.15.040.Violations and Enforcement. A. Any person who violates sections 2.15.030.A through E shall be guilty of a misdemeanor. 2.15.050. Effective Date. The provisions of this Chapter shall become effective on October 1, 1994. 5 section II: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the city Clerk at least five (5) days prior to the city council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation published and circulated in the City of Orange. The city Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those city council members voting for and against the Ordinance in accordance with Government Code section 36933. This Ordinance shall become effective on October 1, 1994. ADOPTED this 26th day of Julv 1994. G zt ./..;<>->"7/ 0 city clerk' of -€l1e L///-z- fA1/ Y.-?Y t--1' tyof Orange GENE BEYER Mayor of the City of Orange BY:~/~~ ayor Pro T ATTEST: STATE OF CALIFORNIA )COUNTY OF ORANGE )CITY OF ORANGE )I, MARILYN J. JENSEN, City Clerk of the City of Orange,California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the city Council held on the 1 ?t-h day of July , 1994, and thereafter at a regular meeting of sa1d City Council duly held on the 26th day of July , 1994 was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: COUNCIL MEMBERS: SPURGEON, BARRERA, COONTZ, MURPHY COUNCIL MEMBERS: NONE COUNCIL MEMBERS: MAYOR BEYER 2 v ~ ' . /77."-51:-1'. ~ . (L/'74Zt!ft City Clerk~f thet i~of Orange Ord No. 14-94 mmr 6 r