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Home My WebLink AboutOrdinance #3303 ORDINANCE NO. 3303 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.05 TO THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO GIFTS TO PUBLIC OFFICIALS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 2.05.020 of Chapter 2.05 shall be amended to read as follows: 2.05.020 Definitions. For the purposes of this Chapter: (a) "City" means the City of Huntington Beach. (b) "City Office[" means every person who is elected or appointed to an office in the city which is specified in § 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 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: 1 7Rdamendgift/10/10/95 t 3303 "§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 thirty(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.. (4) Campaign contribution 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 one hundred dollars ($100.00) or less from any single source during any twelve (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 fifty dollars ($50.00) from any single source within a twelve (12) month period. 2 7/k/wnendgift/10/10/95 3303 (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 fifty dollars ($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 forty-five (45) days of receipt, and the public official does not claim any tax deduction by virtue of such donation. (7) Food, beverages, lodging and transportation expenses provided by any governmental or quasi-governmental entity, or by any public entity, in conjunction with any event sponsored by that entity or agency, the purpose of which is to educate or provide information related to the functions, needs, purposes or operation of that entity or local government. (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 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 § 54950), for the purpose of seeking, actively supporting, or actively opposing the award 3 7/[damendgift/10/10195 3303 of a contract or grant from the City, or the issuance, by the City, of a license, permit, or other entitlement for use. Q) 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 Subsection (f) or (g). (k) "Public official" means every City officer and every designated employee. SECTION 2: This ordinance shall take effect 30 days after after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 6th day of Wwepbex , 1995. r ATT T: Mayor � ✓ - INITIATEDAND APPROVED AS TO FORM. City Clerk R r-ANP APPRO ED ity Attorney City Administr or 4 7/k/amendgift/10/10/95 Ord. No. 3303 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 regular meeting thereof held on the 16th of October, 1995, and was again read to said City Council at a rregular meeting thereof held on the 6th of November, 1995, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Councilmembers: Harman, Sullivan, Leipzig, Dettloff, Garofalo NOES: Councilmembers: None ABSENT: Councilmembers: Bauer, Green (out of room) I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk ofthe City Council, do hereby certify that a synopsis of this ordinance has been published in the Independent on 19 In accordance with the City Charter of said City City Clerk and ex-offlcio Clerk — Connie Brockway City Clerk of the City Council of the City r Deputy City Clerk of Huntington Beach, California G/ordinanc/ordbkpg 11/8/95