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Home My WebLink About1974 029 CC RESO1974 029 CC RESO(ÌìúïRESOLUTION NO. 74-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING GUIDELINES FOR IMPLEMENTATION OF THE GOVERNMENTAL CONFLICT OF INTERESTS ACT WHEREAS, the State Legislature has heretofore adopted the Governmental Conflict of Interests Act Government Code, Section 3600 et seq.)? and WHEREAS, pursuant to said Act, a public agency may adopt guidelines for its officials in their determination of whether they have economic interests which are in substantial conflict with the proper exercise of their official duties and powers and whether they have economic interests that prevents their participation in certain actions or decisions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby adopt those certain regulations attached hereto, marked Exhibit A", and incorporated herein as set forth in full, as the Guidelines of the City of Baldwin Park for Implementation of the Governmental Conflict of Interests Act. SECTION 2, That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 6th day of March, 1974. ATTEST; THELMA L. BALKUS, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park do hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on the 6th day of March, 1974 by the following vote; AYES: COUNCILMEN HAMILTON, GREGORY, BLEWETT.MC CAROM AND MAYOR KING NOES: COUMCILMEN. ABSENT: COUNCILMEN THELMA L. BALKUS, CITY CLERK BIB] 37687-U01 1974-U02 029-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11436-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 029 CC RESO(ÌìúïResolution No. 74-29 EXHIBIT A" GUIDELINES FOR IMPLEMENTATION OF THE GOVERNMENTAL CONFLICT OF INTERESTS ACT I INTRODUCTION Pursuant to Section 3626 of the Government Code, the following are guidelines for public officials of the City of in their determination of whether they have an economic interest or interests which are in substan- tial conflict with their official duties and powers under Section 3625 a) and whether they have an economic interest in matters for purposes of Section 3625(b). All numerical section references cited in the body of these guidelines are to the Government Code unless otherwise specified. II OFFICIALS WITHIN SCOPE OF ACT * The public officials", officials", and elective and appointive officers" subject to the provisions of Section 36z5 are all elected or appointed officers and employees of the City. Ill 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 Sec- tion 3625 b) on a continuous and regular basis from activi- ties and actions which constitute a major and significant portion of his official duties and thereby impair his ability to function effectively and fulfill the duties of the office. \ BIB] 37687-U01 1974-U02 029-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11436-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 029 CC RESO(ÌìúïIV 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 de- cision, an investment, or interest in real property, may in- crease 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 in- vestment, interest in real property, or business entity, shall be deemed negligible. V MINISTERIAL AND CLERICAL DUTIES Section 3625(b) shall apply only to actions which in- volve discretion or judgment. It does not apply to actions which are solely ministerial or clerical. \ VI 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 or voting. 2. Preparation or rendition of oral or written * reports, except that an official or officer, upon in- struction from his or her supervisor, may report such statistical or factual information which is within his or her knowledge because of official duties. 3. Rendition of oral or written advice. 4. Discussions with any official who must decide the matter. 5. Official approvals or denials. 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 capacity, provide whatever information is necessary and per- form any other steps which are required of other citizens in the same situation, individually or by counsel. He may not, however, discuss the matter privately with officials who must decide the matter. 2 BIB] 37687-U01 1974-U02 029-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11436-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 029 CC RESO(ÌìúïResolution No. 74-29 VII NECESSITY 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 en- titled 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 Subsections VII(B)(1) or VII(B)(2) of these guidelines apply, all otherwise disqualified officials hall be entitled to participate« \ D. In all cases involving exceptions hereunder, the official shall comply with Section 3625(d). VIII DISQUALIFICATION An official who refrains from acting in accordance with Section 3625(b) need not declare the nature of the interest which disqualifies him* IX INTERPRETATION An official who is unsure of the application or nature of the prohibitions contained in Section 3625 may obtain a written opinion from the City Attorney. When said opinion is complied with in good faith belief that it is consistent with the provisions 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 hall be exempt from the civil penalties of Section 3751 and the sanctions of Section 3753. X 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, 3 BIB] 37687-U01 1974-U02 029-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11436-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04 1974 029 CC RESO(Ììúïresolution or other official action unless the complaint or petition has been filed and served on the City Clerk within 30 days following the decision, contract, order, permit, or- dinance, 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 these guidelines unless the complaint or petition has been filed and served within 180 days after the violation of Section 3625 has oc- curred. XI SEVERABILITY If any section, subsection, sentence, clause or phrase of these guidelines is for any reason held by a court of com- petent jurisdiction to be invalid, such decision shall not af- fect the validity of the remaining portions of these guidelines. The City Council hereby declares that it would have adopted these guidelines 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 de- clared invalid. 4 BIB] 37687-U01 1974-U02 029-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO11121-U03 DO11436-U03 C6-U03 RESO-U03 3/6/2003-U04 ROBIN-U04