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ORDINANCE NO. 3246
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING NEW CHAPTER 2.05 TO THE
HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO THE DONATION AND RECEIPT OF
SPECIFIED GIFTS TO PUBLIC OFFICIALS
The City Council of the City of Huntington Beach does hereby ordain as follows:
Section 1. That Chapter 2.05 shall be added to the Huntington Beach Municipal
Code, to read as follows:
CHAPTER 2.05
GIFTS TO PUBLIC OFFICIALS
Section 2.05.010. Purpose; Meaning of Terms; Interpretation; Citation
The City Council finds that the receipt of gifts by public officials from persons who do
business with the City erodes public confidence in the impartiality of decisions made by those
officials. The purpose of this Ordinance is to prohibit the donation and receipt of specified gifts,
thereby eliminating, to the extent possible, such loss of confidence.
Unless otherwise expressly defined, the terms used in this Ordinance shall have the same
meaning as defined in the California Political Reform Act (California Government Code §51000
et:seq.) and regulations issued by the Fair Political Practices Commission pursuant to the authority
of the Political Reform Act, as the Act and regulations shall be, from time to time, amended.
This Chapter shall be known as, and may be cited as, the "Huntington Beach Gift Ban
Ordinance."
Section 2.05.020. Definitions.
For the purposes of this Chapter:
(a) "City" means the City of Huntington Beach.
(b) "City officer" means every person who is elected or appointed to an office in the
City which is specified in Section 87200 of the California Government Code.
(c) "Designated employee" means every employee of the City who is designated in the
City's Conflict of Interest Code to file a statement of economic interests and every
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member of a board, commission, or committee, under the jurisdiction of the City
Council required to file such a statement.
(d) "Doing business with the City" means:
(1) seeking the award of a contract or grant from the City, or
(2) having sought the award of a contract or grant from the City in the past 12
months, or
(3) being engaged as a lobbyist or lobbyist firm, as defined in this Section, from
the time of such engagement until 12 months after the award of the
contract, grant, license, permit, or other entitlement for use, which was the
subject of the engagement, or
(4) having an existing contractual relationship with the City, until 12 months
after the contractual obligations of all parties have been completed, or
(5) seeking, actively supporting, or actively opposing the issuance, by the City,
of a license, permit, or other entitlement for use, or having done any of
these things within the past 12 months.
(e) "Gift" shall have the meaning it is defined to have in the California Political Reform
Act, and the regulations issued pursuant to that Act which reads as follows:
"§ 82028. Gift
(a) "Gift" means, except as provided in subdivision(b), any
payment to the extent that consideration of equal or greater value is not
received and includes a rebate or discount in the price of anything of value
unless the rebate or discount is made in the regular course of business as to
members of the public without regard to official status. Any person, other
than a defendant in a criminal action, who claims that a payment is not a
gift by reason of receipt of consideration has the burden of proving that the
consideration received is of equal or greater value.
(b) The term "gift" does not include:
(1) Informational material such as books, reports,
pamphlets, calendars, or periodicals. No payment for travel
or reimbursement for any expenses shall be deemed
"informational material."
(2) Gifts which are not used and which, within 30 days
after receipt, are returned to the donor or delivered to a
contribution for tax purposes.
(3) Gifts from an individual's spouse, child, parent,
grandparent, grandchild, brother, sister, parent-in-law,
brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or
first cousin or the spouse of any such person; provided that
a gift from any such person shall be considered a gift if the
donor is acting as an agent or intermediary for any person
not covered by this paragraph.
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(4) Campaign contributions required to be reported
under Chapter 4 of this title.
(5) Any devise or inheritance.
(6) Personalized plaques and trophies with an individual
value of less than two hundred fifty dollars ($250).
The following items shall be deemed to be additional exceptions to the definition
of"Gift":
(1) Food, beverages, and free admission at any event sponsored by, or
for the benefit of, a bona fide educational, academic, or charitable
organization, and commemorative gifts from such organizations
with a cumulative value of$100.00 or less from any single source
during any 12 months period.
(2) Food, beverages, and free admission provided by a governmental
agency at ceremonial functions commemorating the opening or
naming of a public facility,
(3) Any food or beverages with a cumulative value of$50.00 from any
single source within a 12-month period.
(4) Flowers, plants, balloons or similar tokens which are given to
express condolences, congratulations, or sympathy for ill health, or
to commemorate a special event or occasion, provided that gifts
made or received under this exemption shall not exceed a value of
$50.00 from any single source in any calendar year.
(5) A prize awarded on the basis of chance in a bona fide competition
not related to the official status of the public official.
(6) Gifts from any agency of a foreign sovereign nation, provided that
such gifts are unconditionally donated by the public official to the
City within 45 days of receipt, and the public official does not claim
any tax deduction by virtue of such donation.
(f) "Lobbyist" shall mean any individual, including an attorney, who is employed or
contracts for consideration, other than reimbursement of reasonable travel
expenses, to communicate directly with any City officer or staff member of a City
Council member for the purpose of seeking, actively supporting, or actively
opposing the award of a contract or grant from the City, or the issuance, by the
City of a license, permit, or other entitlement for use. An attorney shall not be
considered a lobbyist when performing activities which can only be performed by a
person admitted to the practice of law.
(g) "Lobbyist firm" shall mean (1) any business entity, which is employed or contracts
for consideration, other than reimbursement of travel expenses, to communicate
directly with a City officer or staff member of a City Council member for the
purpose of seeking, actively supporting or actively opposing the award of a
contract or grant from the City, or the issuance, by the City, of a license, permit, or
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other entitlement for use, or(2) any business entity of which any member or
employee is a lobbyist.
(h) "Principal" shall mean any individual or business entity which employs or contracts
with a lobbyist or lobbyist firm for any of the purposes stated in Subsections (f) or
(g), above.
(i) An individual or business entity shall be deemed to be "lobbying" a City officer or
staff member of a City Council member if it is reasonably foreseeable that in the
course of employment or in the course of performing the contract the individual or
an employee of the entity will have a telephone conversation or a discussion with
any City officer or staff member of a City Council member, outside of a meeting
governed by the Ralph M. Brown Act (which is codified in the California
Government Code commencing with Section 54950), for the purpose of seeking,
actively supporting, or actively opposing the award of a contract or grant from the
City, or the issuance, by the City, of a license, permit, or other entitlement for use.
(j) An individual lobbyist who is an officer, partner or employee of his or her principal
shall be deemed to be "engaged" within the meaning of this Section on the first
occasion on which he or she engages in a telephone conversation or discussion
described in Subsection (i). A lobbyist firm, or an individual lobbyist who is not an
officer, partner or employee of his or her principal shall be deemed to be
"engaged" within the meeting of this Section upon the completion of an agreement,
oral or written, to provide the services specified in Subsections (f) or (g).
(k) "Public official" means every City officer and every designated employee.
Section 2.05.030. Prohibitions.
(a) Gifts to city officer, No person who is doing business with the City shall make
any gift to any City officer.
(b) Gifts to designated employ. No person who is doing business with the
City shall make any gift to any designated employee, who, by virtue of his City
employment, could make a governmental decision, participate in making a
governmental decision, or use his or her official position to influence a
governmental decision regarding the pending business of the donor, or who has
done any of the above during the 12 months preceding the donation.
(c) Solicitation or acceptance of gifts by city officer. No City officer shall solicit or
accept any gift from any person whom he knows, or has reason to know, is doing
business with the City.
(d) Solicitation or acceptance of gifts by designated employee. No designated
employee shall solicit or accept any gift from any person whom he knows, or has
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reason to know, is doing business with the City, when such employee by virtue of
his City employment, could make a governmental decision, participate in making a
governmental decision, or use his or her official position to influence a
governmental decision regarding the pending business of the donor, or has done
any of the above during the 12 months preceding the donation.
(e) Gifts from unknown sources. No public official shall accept any gift when the
identity of the donor is not known to the public official.
(f) Honoraria. No public official shall accept any honorarium from any person
doing business with the City.
Section 2.05.040. Violations and Enforcement.
(a) Any designated employee who violates Section 2.05.030 shall be subject to
discipline for such violation, including, in appropriate cases, termination of
employment.
(b) Any member of any City board, commission, or committee who violates Section
2.05.030 shall be subject to removal from office.
(c) Any city officer who violates Section 2.05.030 shall be guilty of a misdemeanor,
and any person who violates Section 2.05.030(a) or Section 2.05.030(b) shall be
guilty of a misdemeanor.
Section 2.05.050. Effective Date.
The provisions of this Chapter shall become effective thirty (3 0) days after adoption.
Mayor
ATTEST: APPROVED AS TO FORM:
n
City Clerk /3/y C't t orne G-2
REVIEWED AND APPROVED: MTIATED AND APPROVED:
v
Administrator y Administrator
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Ord. No. 3246
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council of
the City of Huntington Beach is seven;that the foregoing ordinance was read to
said City Council at a reg lar meeting thereof held on the 18th day of July, 1994,
and was again read to said City Council at an adjourned re ular meeting thereof
held on the 2nd of August. 1994, and was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council.
AYES: Councilmembers:
Silva, Bauer, Robitaille, Moulton-Patterson, Winchell, Leipzig,
Sullivan
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
(Oonrre Brockway
Ci'lY CLERK of the Qty of
Huntington Beach and �lofficio Clerk of the City
Council,do herebY cerfifY that a Synopsis of iNIs City Clerk and ex-officio Cl rk
ordinance has been put�ltshed in the Dasly Pict on of the City Council of the City
In aordance wig the City Charter of said City. of Huntington Beach, California
Connie Brockwa
City Clerk
Deputy City C`.« ►k