Loading...
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. -1- "(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 -2- 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. -3- 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 -4- 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