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HomeMy WebLinkAboutSubmitted by Mayor Pro Tem Shaw - CITY COUNCIL MEMBER ITEM F CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City Council Members `1 From: Joe Shaw, Mayor Pro Tern Date: May 12, 2014 Subject: CITY COUNCIL MEMBER ITEM FOR THE MAY 19, 2014, CITY' COUNCIL MEETING - AMEND ORDINANCE TO MAKE THE CONFLICT OF INTEREST RESTRICTIONS OF POLITICAL REFORM ACT SECTION 84308 APPLY TO CITY-ELECTED OFFICIALS STATEMENT OF ISSUE: This ordinance would prohibit such contributions greater than $250 while a project is pending, and would disqualify elected officials from voting on such projects if more than $250 was contributed in the 12 months prior to the final decision. RECOMMENDED ACTION: Motion to direct City Attorney to draft an ordinance as follows: All elected City officers shall be subject to the provisions of Political Reform Act Section 84308 with respect to proceedings pending before the city. (In other words, 84308 applies in its entirety after deleting the 84308(a)(3) clause that exempts "local governmental agencies whose members are directly elected by the voters".) Attachment: Analysis xc: Fred Wilson, City Manager Ken Domer, Assistant City Manager Joan Flynn, City Clerk ANALYSIS: This ordinance would: ® Prevent elected city officials from accepting more than $250 in campaign contributions from parties with financial interest in projects while the projects are pending before the city and for three months after the final decision. ® Prevent parties with financial interest in projects from contributing more than $250 to elected city officials while the projects are pending before the city and for three months after the final decision. • Prevent elected city officials from voting on projects if parties with financial interest in the projects have contributed more than $250 in the preceding 12 months. Attachment(s): ® Political Reform Act section 84308 (important portions bolded and underlined for emphasis) § 84308. CONTRIBUTIONS TO OFFICERS; DISQUALIFICATION. (a) The definitions set forth in this subdivision shall govern the interpretation of this section. (1) "Party" means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. (2) "Participant" means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7. A person actively supports or opposes a particular decision in a proceeding if he or she lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency. -2 - (3) "Agency" means an agency as defined in Section 82003 exceat that does not include the courts or any agency in the judicial branch of government, local governmental agencies whose members are directly elected by the voters, the Legislature, the Board of Equalization, or constitutional officers. Hgwever. this section applies to any person who is a member of an exempted agency but is acting as a voting member of another agency. (4) "Officer" means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. (5) "License, permit, or other entitlement for use" means all business, professional,trade and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts), and all franchises. (6) "Contribution" includes contributions to candidates and committees in federal, state, or local elections. (b) No officer of an agency shall accept, solicit, or direct a contribution of more than two hundred fifty dollars ($250) from any I2art,y, or his or her agent, or from any,g a� rticipant. or his or her agent, while a Rroceeding involving a license, aermit, or other entitlement for use is Rending before the agency and for three months following the date a final decision is rendered in the proceeding if the officer knows or has reason to know that the participant has a financial interest, as that term is used in Article 1 (commencing with Section 87100) of Chapter 7. This prohibition shall apply regardless of whether the officer accepts, solicits, or directs the contribution for himself or herself, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee. (c) Prior to rendering any decision in a Rroceeding involving a license, permit or other entitlement for use Rending before an agency, each officer of the agency who received a contribution within the Rreceding 12 months in an amount of more than two hundred fifty dollars $( 250) from a Rarty or from any participant shall disclose that fact on the record of the proceeding. No officer of an agency shall make,particigate in making, or in any way attemRt to use his or her official position to influence the decision in a proceeding_involving a license, permit, or other entitlement for us2 tending before the agency -3 - if the officer has willfully or knowingly received a contribution in an amount of more than two hundred fifty dollars ($250)within the preceding 12 months from a party or his or her agent, or from any participant, or his or her agent if the officer knows or has reason to know that the participant has a financial interest in the decision, as that term is described with respect to public officials in Article 1 (commencing with Section 87100) of Chapter 7. If an officer receives a contribution which would otherwise require disqualification under this section, returns the contribution within 30 days from the time he or she knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, he or she shall be permitted to participate in the proceeding. (d) A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party, or his or her agent, to any officer of the agency. No party, or his or her agent, to a proceeding involving a license, permit, or other entitlement for use pending before any agency and no participant, or his or her agent, in the proceeding shall make a contribution of more than two hundred Lift dollars ($250) to any officer of that agencyduring uring the proceeding na d for three months following the date a final decision is rendered by the agency in the proceeding.When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending before an agency, the majority shareholder is subject to the disclosure and prohibition requirements specified in subdivisions (b), (c), and this subdivision. (e) Nothing in this section shall be construed to imply that any contribution subject to being reported under this title shall not be so reported. -4- E parza, Patty From: Fikes, Cathy Sent: Monday, May 19, 2014 2:04 PM To: Esparza, Patty Subject: FW: Jo Shaws inititive From: Vallotl@aol.com [mailto:Vallotl@aol.com] Sent: Friday, May 16, 2014 3:58 PM To: CITY COUNCIL Subject: Jo Shaws inititive Dear Mayor and Council I think Joe Shaw has a good idea in regards to campaign contributions. Being in office opens the door to many temptations please do what you can to help in these matters! Best Regards Pam Vallot Huntington Bch. SUPPLEMENTAL COMMUNICATION Meeting bate: 0/ AVWa Item No. ._ . Esparza, Patty From: Fikes, Cathy Sent: Monday, May 19, 2014 2:04 PM To: Esparza, Patty Subject: FW: City Council communication for Monday, May 19 -agenda item#20 From: Mary Urashima [mailto:mary.adams.urashima@gmail.com] Sent: Friday, May 16, 2014 10:55 PM To: CITY COUNCIL Subject: City Council communication for Monday, May 19 - agenda item #20 Mayor Harper and City Council Members, I strongly support the proposal to make the Conflict of Interest restrictions of the Political Retort Act Section 84308 apply to City-elected officials. When issues coming before elected bodies also serve as incentives for political contributions---and, lacking a requirement for public disclosure---there often is influence or pressure imposed on elected officials to vote in favor of the donor. This proposal favors a transparent and ethical environment for local governance,restores public confidence,restores a "level playing field," and simply makes it easier for elected officials to focus solely on the facts of an issue. Mary Adams Urashima Huntington Beach, CA SUPPLEMENTAL COMMUNICATION meeting Date: Agenda Item No., i The decreasing value of $250.00 to a campaign. p' � Adjusted for postal rates, $250.00 in 1982 would be worth $612.50 in 2014. $0.60 $0.50 $0.40 $0.30 $0.20 t, i $0.10 $0.00 [ I� n n 00 00 00 00 00 01 01 01 01 01 O O O O O � � � 01 01 01 01 01 01 01 01 01 01 01 01 01 O O O O O O O O In 1982, $250 could buy 1250 first class stamps. In 1986, $250 could buy 1136 first class stamps. In 1990, $250 could buy 1000 first class stamps. In 1994, $250 could buy 862 first class stamps. In 1998, $250 could buy 781 first class stamps. In 2002, $250 could buy 676 first class stamps. In 2006, $250 could buy 640 first class stamps. 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