5303i
ORDINANCE NO. 5303
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 1.04.310 OF CHAPTER 1.04
OF TITLE 1 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO CERTAIN
PURCHASES FOR THE POLICE DEPARTMENT
FOR WHICH CONFIDENTIALITY IS REQUIRED.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 1.04.310 of Chapter 1.04 of Title 1 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"1.04.310. PURCHASING AGENT -- AGENCIES SERVED.
The Purchasing Agent shall be responsible
for procurement of all materials, supplies, and contractual
services required by any and all departments of the City, except
the following: Law enforcement investigation services assigned
to the Chief of Police; such purchases as to which, because of
their nature as related to confidential, special or covert
operations of the Police Department, the public interest in
maintaining confidentiality outweighs the public interest in
public disclosure thereof, as determined by the Chief of Police;
technical and special advisory or engineering services procured
by the City Council; subsistence and travel expenses procured in
accordance with instructions issued by the City Council;
election expenses incurred by the City Clerk; library books and
supplies procured by the person designated as City Librarian;
Data Processing technical computer hardware and software leased
or procured by the Data Processing Manager; special
investigative services and rehabilitation services procured by
the City's Risk Manager; purchases through the Stadium
Convention Center, and Golf Courses food and beverage reserve
accounts which are approved by Convention Center, Stadium and
Golf General Manager; recoverable event -related services and
materials reimbursed by tenants of the Stadium or Convention
Center. All services, leases, or purchases by the above
Departments, Divisions or Sections shall not exceed
appropriations."
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SECTION 2.
That new Section 1.04.311 be, and the same is hereby, added
to Chapter 1.04 of Title 1 of the Anaheim Municipal Code to read as
follows:
111.04.311. CONFIDENTIAL POLICE OPERATIONS.
All purchases of equipment, supplies,
materials and services made by the Police Department for
confidential, special or covert operations pursuant to authority
granted in Section 1.04.310 of this Chapter shall be subject to
the following requirements:
010. The Chief of Police, under the direction of
the City Manager, shall be responsible for all procurement of
materials, supplies, equipment and contractual services where,
because of the nature of the purchase, as related to
confidential, special or covert operations, the public interest
in maintaining confidentiality outweighs the public interest in
public disclosure of such purchase, as determined by the Chief
of Police.
020. Such purchases shall be limited to such
materials, supplies and equipment as are needed for confidential
or covert operations, and services for Special Operations, where
the Chief of Police determines that the public interest in
maintaining confidentiality outweighs the public interest in
public disclosure of such purchases.
030. The authority granted to the Chief of Police
for confidential purchases hereunder shall be limited to a
maximum of $50,000 per transaction, except when a larger amount
is expressly authorized in writing by the City Manager.
Expenditures pursuant to this Section shall not exceed amounts
appropriated and available for such purpose pursuant to the
budget approved by the City Council.
040. The Chief of Police shall maintain adequate
internal controls and accurate accounting records of the
confidential purchases made, identifying the expenditures or use
of funds and whether made from forfeiture funds or general fund
monies. He shall maintain all original documents and records
regarding the use of the funds and the nature of the
expenditures, subject to audit by the City's internal control
staff, and shall report expenditures monthly to the City
Manager.
050. Such purchases shall follow the same
procurement requirements as are required for purchases by the
Purchasing Agent, including competitive bidding requirements,
except in the case of those procurements to which the Chief of
Police and the City Manager determine that some or all of the
procurement requirements are inapplicable or inappropriate, and
except that procurements exceeding $20,000 shall be reported
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timely to the City Manager rather than approved by the City
Council.
060. The confidentiality of all information and
records pertaining to such purchases shall be maintained by all
persons having access to them until the Chief of Police
determines, in writing, that the need for confidentiality as to
a particular purchase no longer exists."
SECTION 3.
SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason to
be invalid, it is the intent of the Council that it would have passed
all other portions of this ordinance independent of the elimination
herefrom of any such portion as may be declared invalid.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 12th day of May , 1992.
4 MAYORT OF THE OF AN VIM
ATTEST
CIT' CLERK OF THE CITY F ANAHEIM
E
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A
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5303
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 5th day of May, 1992,
and that the same was duly passed and adopted at a regular meeting of said City Council held on the 12th day of
May, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Picker, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5303 on the 13th day
of May, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th
day of May, 1992.
CITY CLERK OF THE CIrY OF ANAHEIM
(SEAL.)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5303 and was published once in the Anaheim Bulletin on the 22nd day of May, 1992.
CITY CLERK OF THE CITY OF ANAHEIM