ORD 018 ORDINANCE NO. 18
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADOPTING GUIDELINES FOR IMPLEMENTATION OF THE
GOVERNMENTAL CONFLICT OF INTERESTS ACT, AMENDING
THE RANCHO PALOS VERDES MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN
AS FOLLOWS :
Section 1. The Rancho Palos Verdes Municipal Code
is hereby amended by adding a new Chapter 2 . 5 thereto to read
as follows:
2550. Purpose and Effect.
Pursuant to Section 3626 of the Government Code,
guidelines are hereby adopted for the public officials of the
City in their determination of whether they have an economic
interest or interests which are in substantial conflict with
their official duties and powers under Section 3625 (a) of the
Government Code and in determining whether they have an economic
interest in matters for purposes of Section 3625 (b) of the
Government Code. Nothing contained herein is intended to modify
or abridge the provisions of the Governmental Conflict of Interests
Act, Sections 1090 through 1097 or any other provisions of law
pertaining to conflict of interests. This Chapter shall be
interpreted in a manner consistent therewith. Nothing contained
herein shall be deemed adopted pursuant to or in implementation
of Section 3603 or Section 3704. All numerical section references
cited in the body of this Chapter are to the Government Code
unless otherwise specified.
2551. Designation of Officials.
The "public officials ," "officials ," and "elective
and appointive officers" subject to the provisions of Section
3625 are:
1. Members of the City Council;
2. Members of the Planning Advisory Committee;
3. City Manager;
4. Director of Finance;
5. City Attorney;
6 . City Clerk;
7. Treasurer;
8. Community Services Officer;
9. Planning Director;
10. Administrative Services Officer;
11. Members of the Planning Commission.
2552. Deputies.
A deputy or assistant of any of the officers desig-
nated in Section 2551 who is empowered to act in the place of the
officer shall be subject to the provisions of Section 3625.
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2553. Substantial Conflict .
An economic interest in substantial conflict with the
proper exercise of an official ' s duties within the meaning of.
Section 3625(a) shall not be deemed to exist unless the official
would be required to disqualify himself under 3625(b) on a con-
.
tlnuous and regular basis from activities and actions which con-
stitute a major and significant portion of his official duties
and thereby impair his ability to function effectively and fulfill
the duties of the office .
2554. Material Economic Effect .
An action or decision shall not be deemed to have a
material effect on an economic interest unless the official has
reason to believe that , by reason of the action or decision, an
investment , or interest in real property, may increase or decrease
in value , other than negligibly, or a business entity from which
the official derives income or in which he holds a position of
employment or management will gain or lose monetarily, other than
negligibly . An increase or decrease of less than one percent of
the value of an investment , interest in real property, or business
entity, shall be deemed negligible .
2555 . Ministerial and Clerical Duties .
Section 3625(b) shall apply only to actions which. tn-
volve discretion or judgment , and not to actions which are solely
ministerial or clerical .
2556. Participation .
(a) The terms "participate ," and "attempt to influence"
as used in Section 3625(b) shall be deemed to include the following:
1 . Participation in debate or deliberations in voting;
2 . Preparation of oral or written reports;
3 . Rendition of oral or written advice;
4 . Testimony before a public agency as a part of
official duties;
5 . Discussions with any official who must decide the
matter ;
6 . Submission of letters or other documents to any
.
official who must decide the matter ;
7 . Issuance or denial of official approvals .
(b) Nothing contained herein or in Section 3625 shall
abridge the right of any citizen, whether or not a public official,
to submit information or express views on the same basis as any
other private citizen, provided such is done in public and the
person indicates that he is acting in a private capacity .
(c) An official directly involved in a matter , whether
as a party, an applicant or otherwise, may, in his private capa-
city, provide whatever information is necessary and perform any
other steps which are required of other citizens in the same
situation, individually or by counsel . He may not , however , dis-
cuss the matter privately with officials who must decide the
matter .
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2557 . Necessity . •
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(a) An official shall not be subject to Section 3625(b)
with respect to any matter which cannot be legally acted upon or
decided without his participation.
(b) Section 3625(d) shall apply where :
1 A statutory quorum' or a simple majority cannot be
• achieved by continuance for a reasonable time or
within legally mandated time limits; or
2 . More than a simple majority vote is required to
take a proposed action and the number of officials
entitled to vote is less than the number of votes
required for the action to be taken; or
3 . The official is , by law, the sole officer who can
perform the action or make the decision.
(c) In cases where Subsect ions 8(b) (1) or 8(b) (2) of
this Chapter apply, all otherwise disqualified officials shall
be entitled to participate .
(d) In all cases involving exceptions hereunder , the
official shall comply with Section 3625(d) .
2558. Disqualification .
An official who refrains from acting in accordance with
Section 3625(b) need not declare the nature of the interest which
disqualifies him.
• 2559. Interpretat.ion..
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An official who is unsure of the application or nature
of the prohibitions contained in Section 3625 may secure a written
opinion from the City Attorney When said opinion is complied with
in the good faith and belief that it is consistent with the pro-
visions of the Governmental Conflict of Interests Act and these
guidelines, he shall thereafter be entitled to rely on said opinion
in discharging his official duties and shall be exempt from the
civil penalties of Section 3751 and the sanctions of Section 3753 .
2560 Limitations on Actions . .
(a) No action shall be brought pursuant to Section 3751
of the Government Code to restrain the execution of or to set
aside as void any decision, contract , order , permit , ordinance,
resolution or other official action unless the complaint or
petition has been filed and served on the City within thirty .
(30) days following the decision, contract , order, permit ,
ordinance, resolution or other official action.
(b) No action shall be brought pursuant to Section
3751 of the Government Code to enjoin an official from violating ' •
. or to compel an official to comply with the provisions of the
Governmental Conflict of Interests Act or of this Chapter ,
unless the complaint or petition has been filed and served within
180 days after the violation of Section 3625 has occurred .
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2561. Severability.
If any section, subsection, sentence, clause or
phrase of this Chapter is for any reason held by a court of
competent jurisdiction to be invalid, such decision shall
not affect the validity of the remaining portions of this
Chapter. The . City Council hereby declares that it would
have passed this Chapter and each section, subsection,
sentence, clause and phrase thereof, irrespective of the
fact that any one or more section, subsection, sentence,
clause or phrase be declared invalid.
APPROVED AND ADOPTED this 19th day of February,
1974 , by the following vote:
AYES: G. Buerk, K. Dyda, D. Ruth, R. Ryan, M. Ryan
NOES: None
ABSENT: None
c
AiLmc.r /
MAYOR
ATTEST:
LEONARD G. WOOD, CITY CLERK
EX OFFICIO CLERK OF THE COUNCIL
By °AAA
I HEREBY CERTIFY that the foregoing is a true and
correct copy of Ordinance No. 18 , passed and adopted by
the City Council of the City of Rancho Palos Verdes at a
meeting thereof held on the 19th day of February, 1974 ,
and that said Ordinance was posted pursuant to law.
LEONARD G. WOOD, CITY CLERK
EX OFFICIO CLERK OF THE COUNCIL
It •
By '1 4 ,_ - •
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS. CERTIFICATE OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned declares and certifies under penalty of
perjury:
That he at all times herein mentioned was and now is the
duly qualified and acting City Clerk of the City of Rancho Palos
Verdes, California;
That on the ,2,2 day of
ae-61'4"241'--
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caused to be posted in three conspicuous public places, as required
by law,
a copy of which is attached hereto, in the following public places
in this City:
City Hall
31244 Palos Verdes Drive West
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Los Angeles County Fire Station
4000 Miraleste Plaza
Ridgecrest Intermediate School
28915 Northbay Road
Dated this ay of , 19 371 -(.
LEONARD G. WOOD, CITY CLERK
EX OFFICIO CLERK OF THE COUNCIL
By .
Deputy