2783ORDINANCE NO. 2783
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TITLE 1, CHAPTER 1.01 OF THE ANAHEIM MUNICIPAL
CODE BY ADDING THERETO SECTION 1.01.400,
RELATING TO A CODE OF ETHICS.
WHEREAS, the City Council of the City of Anaheim, in
its desire to promote fair play and protect the best interests
of its citizens, does desire to adopt a code of ethics for public
officers and employees; and
WHEREAS, the State of California in Executive Order
66-2, dated February 15, 1966, adopted a Code of Ethical Standards
for the Executive Department, and subsequently thereto several
cities in the State of California have adopted such code of
ethics.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Title I, Chapter 1.01 of the Anaheim Municipal
Code be, and the same is hereby amended by adding thereto
Section 1.01.400 reading as follows:
"SECTION 1.01.400 CODE OF ETHICS FOR PUBLIC
OFFICERS AND EMPLOYEES.
"(a) DECLARATION OF POLICY.
"The proper operation of municipal government requires that
public officials and employees be independent, impartial
and responsible to the people, that governmental decisions
and policy be made in the proper channels of the govern-
mental structure, and that public office not be used for
personal gain.
"(b) RESPONSIBILITIES OF PUBLIC OFFICE.
"Public officials are all elective officials of the City and
the members of all official boards, commissions, and committees
of the City.
"Public officials and employees are bound to uphold the
Constitution of the United States and the Constitution of the
State of California and to carry out the laws of the nation,
state and municipality. Public officials and employees are
bound to observe in their official acts the highest standards
of morality and to discharge faithfully the duties of their
offices regardless of personal considerations, recognizing
that the public interests must be their primary concern, that
conduct in both their official and private affairs should be
above reproach.
"(c) DEDICATED SERVICE.
"Public officials and employees should not exceed their
authority or breach the law or ask others to do so and they
should work in full cooperation with other public officials
and employees unless prohibited from so doing by law or
officially recognized confidentiality of their work.
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"(d) FAIR AND EQUAL TREATMENT.
"Preferential consideration of
any individual citizen or group
given. No person shall receive
that which are available to any
"(e) USE OF PUBLIC PROPERTY.
the request or petition of
of citizens shall not be
special advantages beyond
other citizen.
"No official or employee shall request or permit the use of
City -owned vehicles, equipment, materials, or property for
personal convenience or profit, except when such services
are available to the public generally or are provided as
municipal policy for the use of such official or employee
in the conduct of official business. No public official or
employee shall use the time of any City employee during
working hours for personal convenience or profit.
"(f) OBLIGATIONS TO CITIZENS.
"No public official or employee in the course of his official
duties shall grant any special consideration, treatment, or
advantage to any citizen beyond that which is available to
every other citizen in the same circumstances.
"(g) CONFLICT OF INTEREST: GENERAL.
1. Conflict with Proper Discharge of Duties.
No public official or employee, while serving as such,
shall have any interest, financial or otherwise, direct
or indirect, or engage in any business or transaction
or professional activity, or incur any obligation of
any nature which is in substantial conflict with the
proper discharge of his duties in the public interest
and of his responsibilities as prescribed by the Charter
or ordinances of the City.
2. Incompatible Employment.
No public official or employee shall accept other employ-
ment which he has reason to believe will either impair
his independence of judgment as to his official duties
or require him or induce him to disclose confidential in-
formation acquired by him in the course of and by reason
of his official duties.
3. Disclosure of Confidential Information.
No public official or employee shall wilfully and know-
ingly disclose for pecuniary gain to any other person
confidential information acquired by him in the course
of and by reason of his official duties nor shall any
public official or employee use any such information for
the purpose of pecuniary gain.
4. Conflict of Interest.
A conflict of interest exists in a matter before an
official for consideration or determination if:
(a) The public official has a substantial financial
or substantial personal interest in the outcome
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or as owner, member, partner, officer, employee,
or stockholder of any corporation where his
interest exceeds three percent of the share of
said corporation, and/or other professional
enterprise that will be affected by the outcome,
and such interest is or maybe adverse to the
public interest in the proper performance of
governmental duties by the official.
(b) He has reason to believe or expect that he will
derive a direct monetary gain or suffer a direct
monetary loss, as the case may be, by reason of
his official activity.
(c) The public official, because of bias or prejudice,
or because he has pre -judged a matter set for
public hearing is incapable because of such bias,
prejudice or pre -judgment of granting to the
matter before him a fair and impartial hearing.
Personal interest as distinguished from financial interest
is defined as including, among other matters, an interest
arising from blood or marriage relationships or close
business association.
"(h) DISCLOSURE OF INTEREST AND DISQUALIFICATION.
"Any councilman who has a conflict of interest, as defined
herein, in any matter before the City Council, shall disclose
such fact on the records of the City Council and refrain from
participating in any discussion or voting thereon, provided
that such exceptions shall be observed as are required by
law.
"Any member of any official board, commission, or committee
who has a conflict of interest as defined herein, in any
matter before the board, commission, or committee, of which
he is a member, shall disclose such fact on the records of
such board, commission, or committee and refrain from par-
ticipating in any discussion or voting thereon, provided
that such exceptions shall be observed as are required by
law.
"Any employee, who has a financial or other special interest
in a matter before the City Council or any board, commission,
or committee and who participates in discussion with, or
gives an official opinion to the Council, or to such board,
commission, or committee relating to such matter, shall dis-
close on the records of the council or such board, commission,
or committee, as the case may be, the nature and extent of
such interest.
"(i) COMPLIANCE WITH STATE LAW.
"Public officials and employees of the City of Anaheim shall
comply with applicable provisions of state law relative to
conflicts of interest and generally regulating the conduct
of public officials and employees.
"(j) THE VIOLATION OF ANY PROVISION OF THIS SECTION
SHALL BE:
1. As to all employees of the City, ground for dis-
missal from City employment.
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2. As to any appointed position on any board, com-
mission or committee, grounds for removal from any
such board, commission or committee.
3. As to any prosecution of any elected official,
the City Council shall make Findings of Fact
by a majority vote that an elected official
has, in fact, violated this Section as a pre-
requisite to prosecution.
"(k) CITY CHARTER AND STATE LAWS -- CONTROL.
"This ordinance and its application shall be supplemental to
any applicable State Laws and the City Charter to any
elective and appointive office.
"(1) VIOLATIONS OF THIS SECTION -- PENALTY.
Any person violating any of the provisions of this section
shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be punishable by a fine of not to exceed
$500.00 or by imprisonment in the City or County jail not
to exceed six (6) months or by both such fine and imprison-
ment."
SECTION 2.
The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption, in the Anaheim Bulletin,
a newspaper of general circulation, printed, published and cir-
culated in said City, and thirty (30) days from and after its
final passage it shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and signed by me
this 24th day of February , 1970.
iY024R;�THE kCITY-OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY. OF ANAHEIM
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JBG/ms-2-24-70
Aombk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Ordinance No. 2783 was introduced
at a regular meeting of the City Council of the City of Anaheim held
on the 17th day of February, 1970, and that the same was duly passed
and adopted at a regular meeting of said City Council held on the 24th
day of February, 1970, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Ordinance No. 2783 on the 24th day of February,
1970.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 24th day of February, 1970.
S"' Q;3e
CITt CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original Ordinance No. 2783
and was published once in the Anaheim Bulletin on the 6th day of March,
1970.
City Clerk